2019 Statutes of Nevada, Pages 1451-1618

[Rev. 12/20/2019 4:56:44 PM]

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CHAPTER 254, SB 520

Senate Bill No. 520–Committee on Finance

CHAPTER 254

[Approved: May 29, 2019]

AN ACT making a supplemental appropriation to the State Distributive School Account for an unanticipated increase in K-12 enrollment for the 2017-2018 and 2018-2019 school years; 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. There is hereby appropriated from the State General Fund to the State Distributive School Account the sum of $8,246,261 for an unanticipated increase in K-12 enrollment for the 2017-2018 and 2018-2019 school years. This appropriation is supplemental to that made by section 3 of chapter 394, Statutes of Nevada 2017, at page 2592.

Sec. 2. This act becomes effective upon passage and approval.

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CHAPTER 255, AB 431

Assembly Bill No. 431–Assemblyman Frierson

CHAPTER 255

[Approved: May 29, 2019]

AN ACT relating to convicted persons; revising provisions governing the right to vote for convicted persons, and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law requires the restoration of certain civil rights, including the right to vote, for persons who have been convicted of certain felonies and discharged from probation or parole or released from prison. Existing law restores the right to vote immediately upon such persons as of the date of their discharge from probation or parole or release from prison, except for persons who have previously been convicted of certain offenses. If the person was convicted of a category B felony involving the use of force or violence under certain circumstances, existing law provides that the person’s right to vote is automatically restored 2 years after his or her discharge from probation or parole or release from prison. If the person was convicted of: (1) a category A felony under certain circumstances; (2) a category B felony that resulted in substantial bodily harm to the victim under certain circumstances; or (3) a felony two or more times under certain circumstances, existing law authorizes that person, after his or her discharge from probation or parole or release from prison, to petition a court to restore his or her civil rights, including the right to vote. (NRS 176A.850, 213.155, 213.157)

Sections 1 and 2 of this bill maintain the right to vote of a person who has been convicted of a crime but is not in prison. Section 3 of this bill immediately restores the right to vote to a person who has been released from prison. Section 7 of this bill provides for the restoration of the right to vote to certain residents of this State who: (1) have not had their right to vote restored; (2) are not serving a sentence of imprisonment on July 1, 2019; and (3) before July 1, 2019, were discharged from probation or parole or released from prison after serving their sentences.

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provides for the restoration of the right to vote to certain residents of this State who: (1) have not had their right to vote restored; (2) are not serving a sentence of imprisonment on July 1, 2019; and (3) before July 1, 2019, were discharged from probation or parole or released from prison after serving their sentences.

Existing law requires a county clerk to cancel a person’s registration to vote if the person was convicted of a felony unless the person: (1) was convicted of a felony in this State and his or her right to vote has been restored; or (2) was convicted of a felony in another state and his or her right to vote has been restored under the laws of that state. (NRS 293.540) Section 5 of this bill removes the requirement that the county clerk cancel the registration of a person who has been convicted of a felony and is not currently serving a term of imprisonment, thereby maintaining the right to vote of such a person.

Existing law also authorizes an elector who was previously convicted of a crime and whose preregistration to vote has been cancelled by the county clerk to reregister to vote if the elector’s: (1) conviction has been overturned; or (2) civil rights have been restored pursuant to the laws of the state in which the person was convicted. (NRS 293.543) Section 6 of this bill authorizes such an elector who was convicted of a felony to reregister to vote if the elector is not incarcerated.

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 176A.850 is hereby amended to read as follows:

176A.850 1. A person who:

(a) Has fulfilled the conditions of probation for the entire period thereof;

(b) Is recommended for earlier discharge by the Division; or

(c) Has demonstrated fitness for honorable discharge but because of economic hardship, verified by the Division, has been unable to make restitution as ordered by the court,

Ê may be granted an honorable discharge from probation by order of the court.

2. A person whose term of probation has expired and:

(a) Whose whereabouts are unknown;

(b) Who has failed to make restitution in full as ordered by the court, without a verified showing of economic hardship; or

Ê is not eligible for an honorable discharge and must be given a dishonorable discharge. A dishonorable discharge releases the person from any further obligation, except as otherwise provided in subsection 3.

3. Any amount of restitution remaining unpaid constitutes a civil liability arising upon the date of discharge and is enforceable pursuant to NRS 176.275.

4. [Except as otherwise provided in subsection 5, a] A person who has been discharged from probation:

(a) Is free from the terms and conditions of probation.

(b) Is immediately restored to the right to serve as a juror in a civil action.

(d) Two years after the date of discharge from probation, is restored to the right to vote if the person has previously been convicted in this State:

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(1) Of a category B felony involving the use of force or violence.

(2) Of an offense involving the use of force or violence that would constitute a category B felony if committed as of the date of discharge from probation.

(e)] Four years after the date of discharge from probation, is restored to the right to hold office.

[(f)] (d) Six years after the date of discharge from probation, is restored to the right to serve as a juror in a criminal action.

[(g)] (e) If the person meets the requirements of NRS 179.245, may apply to the court for the sealing of records relating to the conviction.

[(h)] (f) Must be informed of the provisions of this section and NRS 179.245 in the person’s probation papers.

[(i)] (g) Is exempt from the requirements of chapter 179C of NRS, but is not exempt from the requirements of chapter 179D of NRS.

[(j)] (h) Shall disclose the conviction to a gaming establishment and to the State and its agencies, departments, boards, commissions and political subdivisions, if required in an application for employment, license or other permit. As used in this paragraph, “establishment” has the meaning ascribed to it in NRS 463.0148.

[(k)] (i) Except as otherwise provided in paragraph [(j),] (h), need not disclose the conviction to an employer or prospective employer.

5. [Except as otherwise provided in this subsection, the civil rights set forth in subsection 4 are not restored to a person discharged from probation if the person has previously been convicted in this State:

(a) Of a category A felony.

(b) Of an offense that would constitute a category A felony if committed as of the date of discharge from probation.

(c) Of a category B felony involving the use of force or violence that resulted in substantial bodily harm to the victim.

(d) Of an offense involving the use of force or violence that resulted in substantial bodily harm to the victim and that would constitute a category B felony if committed as of the date of discharge from probation.

(e) Two or more times of a felony, unless a felony for which the person has been convicted arose out of the same act, transaction or occurrence as another felony, in which case the convictions for those felonies shall be deemed to constitute a single conviction for the purposes of this paragraph.

Ê A person described in this subsection may petition a court of competent jurisdiction for an order granting the restoration of civil rights as set forth in subsection 4.

6.] The prior conviction of a person who has been discharged from probation may be used for purposes of impeachment. In any subsequent prosecution of the person, the prior conviction may be pleaded and proved if otherwise admissible.

[7. Except for a person subject to the limitations set forth in subsection 5, upon]

6. Upon discharge from probation, the person so discharged must be given an official document which provides:

(a) That the person has received an honorable discharge or dishonorable discharge, as applicable, from probation;

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(b) That the person is restored to his or her civil [rights to vote and] right to serve as a juror in a civil action as of the [applicable dates set forth in paragraphs (b), (c) and (d) of subsection 4;] date of his or her discharge from probation;

(c) The date on which the person’s civil right to hold office will be restored pursuant to paragraph [(e)] (c) of subsection 4; and

(d) The date on which the person’s civil right to serve as a juror in a criminal action will be restored pursuant to paragraph [(f)] (d) of subsection 4.

[8. Subject to the limitations set forth in subsection 5, a]

7. A person who has been discharged from probation in this State or elsewhere and whose official documentation of discharge from probation is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore the person’s civil rights pursuant to this section. Upon verification that the person has been discharged from probation and is eligible to be restored to the civil rights set forth in subsection 4, the court shall issue an order restoring the person to the civil rights set forth in subsection 4. A person must not be required to pay a fee to receive such an order.

[9.] 8. A person who has been discharged from probation in this State or elsewhere may present:

(a) Official documentation of discharge from probation, if it contains the provisions set forth in subsection [7;] 6; or

(b) A court order restoring the person’s civil rights,

Ê as proof that the person has been restored to the civil rights set forth in subsection 4.

Sec. 2. NRS 213.155 is hereby amended to read as follows:

213.155 1. [Except as otherwise provided in subsection 2, a] A person who receives a discharge from parole pursuant to NRS 213.154:

(a) Is immediately restored to the right to serve as a juror in a civil action.

(b) [Except as otherwise provided in paragraph (c), is immediately restored to the right to vote.

(c) Two years after the date of his or her discharge from parole, is restored to the right to vote if the person has previously been convicted in this State:

(1) Of a category B felony involving the use of force or violence.

(2) Of an offense involving the use of force or violence that would constitute a category B felony if committed as of the date of discharge from parole.

(d)] Four years after the date of his or her discharge from parole, is restored to the right to hold office.

[(e)] (c) Six years after the date of his or her discharge from parole, is restored to the right to serve as a juror in a criminal action.

2. [Except as otherwise provided in this subsection, the civil rights set forth in subsection 1 are not restored to a person who has received a discharge from parole if the person has previously been convicted in this State:

(a) Of a category A felony

(b) Of an offense that would constitute a category A felony if committed as of the date of discharge from parole.

(c) Of a category B felony involving the use of force or violence that resulted in substantial bodily harm to the victim.

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Ê A person described in this subsection may petition a court of competent jurisdiction for an order granting the restoration of his or her civil rights as set forth in subsection 1.

3. Except for a person subject to the limitations set forth in subsection 2, upon] Upon his or her discharge from parole, a person so discharged must be given an official document which provides:

(a) That the person has received an honorable discharge or dishonorable discharge, as applicable, from parole;

(b) That the person is restored to his or her civil [rights] right to [vote and to] serve as a juror in a civil action as of the [applicable dates set forth in paragraphs (a), (b) and (c) of subsection 1;] date of his or her discharge from parole;

(c) The date on which his or her civil right to hold office will be restored to the person pursuant to paragraph [(d)] (b) of subsection 1; and

(d) The date on which his or her civil right to serve as a juror in a criminal action will be restored to the person pursuant to paragraph [(e)] (c) of subsection 1.

[4. Subject to the limitations set forth in subsection 2, a]

3. A person who has been discharged from parole in this State or elsewhere and whose official documentation of his or her discharge from parole is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his or her civil rights pursuant to this section. Upon verification that the person has been discharged from parole and is eligible to be restored to the civil rights set forth in subsection 1, the court shall issue an order restoring the person to the civil rights set forth in subsection 1. A person must not be required to pay a fee to receive such an order.

[5.] 4. A person who has been discharged from parole in this State or elsewhere may present:

(a) Official documentation of his or her discharge from parole, if it contains the provisions set forth in subsection [3;] 2; or

(b) A court order restoring his or her civil rights,

Ê as proof that the person has been restored to the civil rights set forth in subsection 1.

[6.] 5. The Board may adopt regulations necessary or convenient for the purposes of this section.

Sec. 3. NRS 213.157 is hereby amended to read as follows:

213.157 1. [Except as otherwise provided in subsection 2, a] A person convicted of a felony in the State of Nevada who has served his or her sentence and has been released from prison:

(a) Is immediately restored to the right to serve as a juror in a civil action.

(b) [Except as otherwise provided in paragraph (c), is] Is immediately restored to the right to vote.

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(c) [Two years after the date of his or her release from prison, is restored to the right to vote if the person has previously been convicted in this State:

(1) Of a category B felony involving the use of force or violence.

(2) Of an offense involving the use of force or violence that would constitute a category B felony if committed as of the date of his or her release from prison.

(d)] Four years after the date of his or her release from prison, is restored to the right to hold office.

[(e)] (d) Six years after the date of his or her release from prison, is restored to the right to serve as a juror in a criminal action.

2. [Except as otherwise provided in this subsection, the civil rights set forth in subsection 1 are not restored to a person who has been released from prison if the person has previously been convicted in this State:

(a) Of a category A felony.

(b) Of an offense that would constitute a category A felony if committed as of the date of his or her release from prison.

(c) Of a category B felony involving the use of force or violence that resulted in substantial bodily harm to the victim.

Ê A person described in this subsection may petition a court of competent jurisdiction for an order granting the restoration of his or her civil rights as set forth in subsection 1.

3. Except for a person subject to the limitations set forth in subsection 2, upon] Upon his or her release from prison, a person so released must be given an official document which provides:

(a) That the person has been released from prison;

(b) That the person is restored to his or her civil rights to vote and to serve as a juror in a civil action as of the [applicable dates set forth in paragraphs (a), (b) and (c) of subsection 1;] date of his or her release from prison.

(c) The date on which his or her civil right to hold office will be restored to the person pursuant to paragraph [(d)] (c) of subsection 1; and

(d) The date on which his or her civil right to serve as a juror in a criminal action will be restored to the person pursuant to paragraph [(e)] (d) of subsection 1.

[4. Subject to the limitations set forth in subsection 2, a]

3. A person who has been released from prison in this State or elsewhere and whose official documentation of his or her release from prison is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his or her civil rights pursuant to this section. Upon verification that the person has been released from prison and is eligible to be restored to the civil rights set forth in subsection 1, the court shall issue an order restoring the person to the civil rights set forth in subsection 1. A person must not be required to pay a fee to receive such an order.

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[5.] 4. A person who has been released from prison in this State or elsewhere may present:

(a) Official documentation of his or her release from prison, if it contains the provisions set forth in subsection [3;] 2; or

(b) A court order restoring his or her civil rights,

Ê as proof that the person has been restored to the civil rights set forth in subsection 1.

Sec. 4. (Deleted by amendment.)

Sec. 5. NRS 293.540 is hereby amended to read as follows:

293.540 1. The county clerk shall cancel the preregistration of a person:

(a) If the county clerk has personal knowledge of the death of the person or if an authenticated certificate of the death of the person is filed in the county clerk’s office.

(b) At the request of the person.

(c) If the county clerk has discovered an incorrect preregistration pursuant to the provisions of NRS 293.5235 and the person has failed to respond within the required time.

(d) As required by NRS 293.541.

(e) Upon verification that the application to preregister to vote is a duplicate if the county clerk has the original or another duplicate of the application on file in the county clerk’s office.

2. The county clerk shall cancel the registration of a person:

(a) If the county clerk has personal knowledge of the death of the person or if an authenticated certificate of the death of the person is filed in the county clerk’s office.

(b) If the county clerk is provided a certified copy of a court order stating that the court specifically finds by clear and convincing evidence that the person lacks the mental capacity to vote because he or she cannot communicate, with or without accommodations, a specific desire to participate in the voting process.

(1) If the person was convicted of a felony in this State, the right to vote of the person has been restored pursuant to the provisions of NRS 213.090, 213.155 or 213.157.

(2) If the person was convicted of a felony in another state, the right to vote of the person has been restored pursuant to the laws of the state in which the person was convicted.] and is currently serving a term of imprisonment.

(d) Upon the production of a certified copy of the judgment of any court directing the cancellation to be made.

(e) Upon the request of any registered voter to affiliate with any political party or to change affiliation, if that change is made before the end of the last day to register to vote in the election.

(f) At the request of the person.

(g) If the county clerk has discovered an incorrect registration pursuant to the provisions of NRS 293.5235, 293.530 or 293.535 and the elector has failed to respond or appear to vote within the required time.

(h) As required by NRS 293.541.

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(i) Upon verification that the application to register to vote is a duplicate if the county clerk has the original or another duplicate of the application on file in the county clerk’s office.

Sec. 6. NRS 293.543 is hereby amended to read as follows:

293.543 1. If the registration of an elector is cancelled pursuant to paragraph (b) of subsection 2 of NRS 293.540, the county clerk shall reregister the elector upon notice from the clerk of the district court that the elector has been found by the district court to have the mental capacity to vote. The court must include the finding in a court order and, not later than 30 days after issuing the order, provide a certified copy of the order to the county clerk of the county in which the person is a resident and to the Office of the Secretary of State.

2. If the registration of an elector is cancelled pursuant to paragraph (c) of subsection 2 of NRS 293.540, the elector may reregister [after presenting satisfactory evidence which demonstrates that the elector’s:

(a) Conviction has been overturned; or

(b) Civil rights have been restored:

(1) If the elector was convicted in this State, pursuant to the provisions of NRS 213.090, 213.155 or 213.157.

(2) If the elector was convicted in another state, pursuant to the laws of the state in which he or she was convicted.] upon release from prison.

3. If the registration of an elector is cancelled pursuant to the provisions of paragraph (e) of subsection 2 of NRS 293.540, the elector may reregister immediately.

4. If the registration of an elector is cancelled pursuant to the provisions of paragraph (f) of subsection 2 of NRS 293.540, after the close of registration for a primary election, the elector may not reregister until after the primary election.

5. A county clerk shall not require an elector to present evidence, including without limitation, a court order or any other document, to prove that the elector satisfies the requirements of subsection 2.

Sec. 7. Any person residing in this State who:

1. Before July 1, 2019, was discharged from probation pursuant to NRS 176A.850, discharged from parole pursuant to NRS 213.155 or released from prison pursuant to NRS 213.157, as those sections existed before July 1, 2019;

2. Is not serving a sentence of imprisonment on July 1, 2019; and

3. Has not already had his or her right to vote restored,

Ê is immediately restored the right to vote.

Sec. 8. This act becomes effective on July 1, 2019.

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CHAPTER 256, AB 192

Assembly Bill No. 192–Assemblymen McCurdy, Assefa, Yeager, Fumo, Flores; Backus, Carrillo, Frierson, Monroe-Moreno, Munk, Nguyen, Swank, Thompson and Watts

Joint Sponsors: Senators Cancela and Parks

CHAPTER 256

[Approved: May 29, 2019]

AN ACT relating to crimes; establishing a procedure for requesting the sealing of certain records of criminal history when offenses are decriminalized; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Section 1 of this bill provides that when an offense is decriminalized, a person who was convicted of the offense before the offense was decriminalized may submit a request to any court in which the person was convicted that any record of criminal history relating to the conviction be sealed. Section 1 does not apply to a traffic offense. Sections 1.3, 1.5, 1.7 and 2 of this bill make conforming changes.

Section 3 of this bill provides that the requirements of this bill apply to offenses decriminalized before, on and after July 1, 2019.

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 179 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in this section, if an offense is decriminalized:

(a) Any person who was convicted of that offense before the date on which the offense was decriminalized may submit a written request to any court in which the person was convicted of that offense for the sealing of any record of criminal history in its possession and in the possession of any agency of criminal justice relating to the conviction.

(b) Upon receipt of a request pursuant to paragraph (a), the court shall, as soon as practicable, send written notice of the request to the office of the prosecuting attorney that prosecuted the offense. If the office of the prosecuting attorney objects to the granting of the request, a written objection to the request must be filed with the court within 10 judicial days after the date on which notice of the request was received. If no written objection to the request is filed, the court shall grant the request. If a written objection to the request is filed, the court must hold a hearing on the request. At the hearing, the court shall grant the request unless the prosecuting attorney establishes, by clear and convincing evidence, that there is good cause not to grant the request. The decision of the court to grant or deny the request is not subject to appeal.

2. No fee may be charged by any court or agency of criminal justice for the submission of a request pursuant to this section.

3. The provisions of this section do not apply to a traffic offense.

4. As used in this section:

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(a) “Decriminalized” means that an offense is no longer punishable as a crime as the result of enactment of an act of the Legislature or the passage of a referendum petition or initiative petition pursuant to Article 19 of the Nevada Constitution.

(b) “Traffic offense” means a violation of any state or local law or ordinance governing the operation of a motor vehicle upon any highway within this State.

Sec. 1.3. NRS 179.275 is hereby amended to read as follows:

179.275 Where the court orders the sealing of a record pursuant to NRS 174.034, 176A.265, 176A.295, 179.245, 179.247, 179.255, 179.259, 179.2595, 201.354, 453.3365 or 458.330 [,] or section 1 of this act, a copy of the order must be sent to:

1. The Central Repository for Nevada Records of Criminal History; and

2. Each agency of criminal justice and each public or private company, agency, official or other custodian of records named in the order, and that person shall seal the records in his or her custody which relate to the matters contained in the order, shall advise the court of compliance and shall then seal the order.

Sec. 1.5. NRS 179.285 is hereby amended to read as follows:

179.285 Except as otherwise provided in NRS 179.301:

1. If the court orders a record sealed pursuant to NRS 174.034, 176A.265, 176A.295, 179.245, 179.247, 179.255, 179.259, 179.2595, 201.354, 453.3365 or 458.330 [:] or section 1 of this act:

(a) All proceedings recounted in the record are deemed never to have occurred, and the person to whom the order pertains may properly answer accordingly to any inquiry, including, without limitation, an inquiry relating to an application for employment, concerning the arrest, conviction, dismissal or acquittal and the events and proceedings relating to the arrest, conviction, dismissal or acquittal.

(b) The person is immediately restored to the following civil rights if the person’s civil rights previously have not been restored:

(1) The right to vote;

(2) The right to hold office; and

(3) The right to serve on a jury.

2. Upon the sealing of the person’s records, a person who is restored to his or her civil rights pursuant to subsection 1 must be given:

(a) An official document which demonstrates that the person has been restored to the civil rights set forth in paragraph (b) of subsection 1; and

(b) A written notice informing the person that he or she has not been restored to the right to bear arms, unless the person has received a pardon and the pardon does not restrict his or her right to bear arms.

3. A person who has had his or her records sealed in this State or any other state and whose official documentation of the restoration of civil rights is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his or her civil rights pursuant to this section. Upon verification that the person has had his or her records sealed, the court shall issue an order restoring the person to the civil rights to vote, to hold office and to serve on a jury. A person must not be required to pay a fee to receive such an order.

4. A person who has had his or her records sealed in this State or any other state may present official documentation that the person has been restored to his or her civil rights or a court order restoring civil rights as proof that the person has been restored to the right to vote, to hold office and to serve as a juror.

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restored to his or her civil rights or a court order restoring civil rights as proof that the person has been restored to the right to vote, to hold office and to serve as a juror.

Sec. 1.7. NRS 179.295 is hereby amended to read as follows:

179.295 1. The person who is the subject of the records that are sealed pursuant to NRS 174.034, 176A.265, 176A.295, 179.245, 179.247, 179.255, 179.259, 179.2595, 201.354, 453.3365 or 458.330 or section 1 of this act may petition the court that ordered the records sealed to permit inspection of the records by a person named in the petition, and the court may order such inspection. Except as otherwise provided in this section, subsection 9 of NRS 179.255 and NRS 179.259 and 179.301, the court may not order the inspection of the records under any other circumstances.

2. If a person has been arrested, the charges have been dismissed and the records of the arrest have been sealed, the court may order the inspection of the records by a prosecuting attorney upon a showing that as a result of newly discovered evidence, the person has been arrested for the same or a similar offense and that there is sufficient evidence reasonably to conclude that the person will stand trial for the offense.

3. The court may, upon the application of a prosecuting attorney or an attorney representing a defendant in a criminal action, order an inspection of such records for the purpose of obtaining information relating to persons who were involved in the incident recorded.

4. This section does not prohibit a court from considering a conviction for which records have been sealed pursuant to NRS 174.034, 176A.265, 176A.295, 179.245, 179.247, 179.255, 179.259, 179.2595, 201.354, 453.3365 or 458.330 or section 1 of this act in determining whether to grant a petition pursuant to NRS 176A.265, 176A.295, 179.245, 179.255, 179.259, 179.2595, 453.3365 or 458.330 for a conviction of another offense.

Sec. 2. (Deleted by amendment.)

Sec. 3. The amendatory provisions of this act apply to an offense that:

1. Was decriminalized before July 1, 2019; and

2. Is decriminalized on or after July 1, 2019.

Sec. 4. This act becomes effective on July 1, 2019.

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CHAPTER 257, AB 102

Assembly Bill No. 102–Assemblyman Ellison

CHAPTER 257

[Approved: May 29, 2019]

AN ACT relating to crimes; enhancing the criminal penalty for certain crimes committed against certain family members of first responders; removing the crime of voluntary manslaughter from the crimes for which an enhanced criminal penalty may be imposed when committed against a first responder; and providing other matters properly relating thereto.

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ê2019 Statutes of Nevada, Page 1462 (CHAPTER 257, AB 102)ê

Legislative Counsel’s Digest:

Existing law provides that any person who willfully commits certain crimes because of the fact that the victim is a first responder, which is defined as any peace officer, firefighter or emergency medical provider acting in the normal course of duty, may, in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years. (NRS 193.1677) Section 1.3 of this bill removes the crime of voluntary manslaughter from the crimes for which such an enhanced criminal penalty may be imposed. Section 1 of this bill extends such an enhanced criminal penalty to the same crimes set forth in section 1.3 that are knowingly and willfully committed against the spouse of a first responder or the child of any age of a first responder. For the purposes of the enhanced criminal penalty imposed pursuant to section 1, the term “first responder” is defined as any peace officer, firefighter or emergency medical provider.

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 193 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in NRS 193.169, any person who knowingly and willfully violates any provision of NRS 200.030, 200.280, 200.310, 200.366, 200.380, 200.400, 200.460, NRS 200.471 which is punishable as a felony or NRS 200.481 which is punishable as a felony because of the fact that the victim is the spouse of a first responder or the child of any age of a first responder may, in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years. In determining the length of any additional penalty imposed, the court shall consider the following information:

(a) The facts and circumstances of the crime;

(b) The criminal history of the person;

(d) Any mitigating factors presented by the person; and

(e) Any other relevant information.

Ê The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of any additional penalty imposed.

2. A sentence imposed pursuant to this section:

(a) Must not exceed the sentence imposed for the crime; and

(b) Runs consecutively with the sentence prescribed by statute for the crime.

3. This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

4. As used in this section, “first responder” means any peace officer, firefighter or emergency medical provider. As used in this subsection:

(a) “Emergency medical provider” has the meaning ascribed to it in NRS 450B.199.

(b) “Firefighter” has the meaning ascribed to it in NRS 450B.071.

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ê2019 Statutes of Nevada, Page 1463 (CHAPTER 257, AB 102)ê

Sec. 1.3. NRS 193.1677 is hereby amended to read as follows:

193.1677 1. Except as otherwise provided in NRS 193.169, any person who willfully violates any provision of NRS 200.030, [200.050,] 200.280, 200.310, 200.366, 200.380, 200.400, 200.460, NRS 200.471 which is punishable as a felony, NRS 200.481 which is punishable as a felony, NRS 205.0832 which is punishable as a felony, NRS 205.220, 205.226, 205.228, 205.270 or 206.150 because of the fact that the victim is a first responder may, in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years. In determining the length of any additional penalty imposed, the court shall consider the following information:

(a) The facts and circumstances of the crime;

(b) The criminal history of the person;

(d) Any mitigating factors presented by the person; and

(e) Any other relevant information.

Ê The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of any additional penalty imposed.

2. A sentence imposed pursuant to this section:

(a) Must not exceed the sentence imposed for the crime; and

(b) Runs consecutively with the sentence prescribed by statute for the crime.

3. This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

4. As used in this section, “first responder” means any peace officer, firefighter or emergency medical provider acting in the normal course of duty. As used in this subsection:

(a) “Emergency medical provider” has the meaning ascribed to it in NRS 450B.199.

(b) “Firefighter” has the meaning ascribed to it in NRS 450B.071.

Sec. 1.7. NRS 193.169 is hereby amended to read as follows:

193.169 1. A person who is sentenced to an additional term of imprisonment pursuant to the provisions of subsection 1 of NRS 193.161, NRS 193.162, 193.163, 193.165, 193.166, 193.167, 193.1675, 193.1677, 193.168, subsection 1 of NRS 193.1685, NRS 453.3335, 453.3345, 453.3351 or subsection 1 of NRS 453.3353 or section 1 of this act must not be sentenced to an additional term of imprisonment pursuant to any of the other listed sections even if the person’s conduct satisfies the requirements for imposing an additional term of imprisonment pursuant to another one or more of those sections.

2. A person who is sentenced to an alternative term of imprisonment pursuant to subsection 3 of NRS 193.161, subsection 3 of NRS 193.1685 or subsection 2 of NRS 453.3353 must not be sentenced to an additional term of imprisonment pursuant to subsection 1 of NRS 193.161, NRS 193.162, 193.163, 193.165, 193.166, 193.167, 193.1675, 193.1677, 193.168, 453.3335, 453.3345 or 453.3351 or section 1 of this act even if the person’s conduct satisfies the requirements for imposing an additional term of imprisonment pursuant to another one or more of those sections.

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ê2019 Statutes of Nevada, Page 1464 (CHAPTER 257, AB 102)ê

3. This section does not:

(a) Affect other penalties or limitations upon probation or suspension of a sentence contained in the sections listed in subsection 1 or 2.

(b) Prohibit alleging in the alternative in the indictment or information that the person’s conduct satisfies the requirements of more than one of the sections listed in subsection 1 or 2 and introducing evidence to prove the alternative allegations.

Sec. 2. The amendatory provisions of this act apply to an offense committed on or after October 1, 2019.

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CHAPTER 258, SB 262

Senate Bill No. 262–Senators Cancela, Ratti, Cannizzaro, Parks; Brooks, Dondero Loop, D. Harris, Ohrenschall, Scheible, Spearman and Woodhouse

CHAPTER 258

[Approved: May 30, 2019]

AN ACT relating to prescription drugs; making various changes to provide for tracking and reporting of information concerning the pricing of prescription drugs for treating asthma; requiring certain insurers to provide certain notice concerning those drugs to insureds; providing for an administrative penalty for failure to provide certain information concerning those drugs to the Department of Health and Human Services; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law requires the Department of Health and Human Services to compile: (1) a list of prescription drugs that the Department determines to be essential for treating diabetes in this State; and (2) a list of such prescription drugs that have been subject to a significant price increase within the immediately preceding 2 calendar years. (NRS 439B.630) Existing law requires the manufacturer of a prescription drug included on the list of essential diabetes drugs to submit to the Department an annual report that contains certain information concerning the cost of the drug. (NRS 439B.635) Existing law additionally requires the manufacturer of a drug included on the list of essential diabetes drugs that have undergone a substantial cost increase to submit to the Department a report concerning the reasons for the cost increase. (NRS 439B.640) Existing law requires a pharmacy benefit manager to report certain information concerning essential diabetes drugs to the Department. (NRS 439B.645) Existing law authorizes the Department to impose an administrative penalty against a manufacturer, pharmacy benefit manager, nonprofit organization or pharmaceutical sales representative who fails to provide the required information. (NRS 439B.695) The Department is required to analyze the information submitted by such manufacturers and compile a report concerning the reasons for and effect of the pricing of essential diabetes drugs. (NRS 439B.650) Existing law requires an insurer that offers or issues a policy of individual health insurance and uses a formulary to provide, during each open enrollment period, a notice of any drugs on the list of essential diabetes drugs that have been removed from the formulary or will be removed from the formulary during the current plan year or the next plan year. (NRS 689A.405)

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ê2019 Statutes of Nevada, Page 1465 (CHAPTER 258, SB 262)ê

This bill makes those provisions apply to drugs for treating asthma to the same extent as drugs for treating diabetes. Additionally, section 3 of this bill authorizes the Department to use the money collected from administrative penalties for failure to submit a required report to establish and carry out programs to provide education concerning asthma and to prevent asthma.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 439B.630 is hereby amended to read as follows:

439B.630 On or before February 1 of each year, the Department shall compile:

1. A list of prescription drugs that the Department determines to be essential for treating asthma and diabetes in this State and the wholesale acquisition cost of each such drug on the list. The list must include, without limitation, all forms of insulin and biguanides marketed for sale in this State.

2. A list of prescription drugs described in subsection 1 that have been subject to an increase in the wholesale acquisition cost of a percentage equal to or greater than:

(a) The percentage increase in the Consumer Price Index, Medical Care Component during the immediately preceding calendar year; or

(b) Twice the percentage increase in the Consumer Price Index, Medical Care Component during the immediately preceding 2 calendar years.

Sec. 2. NRS 439B.650 is hereby amended to read as follows:

439B.650 On or before June 1 of each year, the Department shall analyze the information submitted pursuant to NRS 439B.635, 439B.640 and 439B.645 and compile a report on the price of the prescription drugs that appear on the most current lists compiled by the Department pursuant to NRS 439B.630, the reasons for any increases in those prices and the effect of those prices on overall spending on prescription drugs in this State. The report may include, without limitation, opportunities for persons and entities in this State to lower the cost of drugs for the treatment of asthma and diabetes while maintaining access to such drugs.

Sec. 3. NRS 439B.695 is hereby amended to read as follows:

439B.695 1. If a pharmacy that is licensed under the provisions of chapter 639 of NRS and is located within the State of Nevada fails to provide to the Department the information required to be provided pursuant to NRS 439B.655 or fails to provide such information on a timely basis, and the failure was not caused by excusable neglect, technical problems or other extenuating circumstances, the Department may impose against the pharmacy an administrative penalty of not more than $500 for each day of such failure.

2. If a manufacturer fails to provide to the Department the information required by NRS 439B.635, 439B.640 or 439B.660, a pharmacy benefit manager fails to provide to the Department the information required by NRS 439B.645, a nonprofit organization fails to post or provide to the Department, as applicable, the information required by NRS 439B.665 or a manufacturer, pharmacy benefit manager or nonprofit organization fails to post or provide, as applicable, such information on a timely basis, and the failure was not caused by excusable neglect, technical problems or other extenuating circumstances, the Department may impose against the manufacturer, pharmacy benefit manager or nonprofit organization, as applicable, an administrative penalty of not more than $5,000 for each day of such failure.

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ê2019 Statutes of Nevada, Page 1466 (CHAPTER 258, SB 262)ê

manufacturer, pharmacy benefit manager or nonprofit organization, as applicable, an administrative penalty of not more than $5,000 for each day of such failure.

3. If a pharmaceutical sales representative fails to comply with the requirements of NRS 439B.660, the Department may impose against the pharmaceutical sales representative an administrative penalty of not more than $500 for each day of such failure.

4. Any money collected as administrative penalties pursuant to this section must be accounted for separately and used by the Department to establish and carry out programs to provide education concerning asthma and diabetes and prevent [diabetes.] those diseases.

Sec. 4. NRS 689A.405 is hereby amended to read as follows:

689A.405 1. An insurer that offers or issues a policy of health insurance which provides coverage for prescription drugs shall include with any summary, certificate or evidence of that coverage provided to an insured, notice of whether a formulary is used and, if so, of the opportunity to secure information regarding the formulary from the insurer pursuant to subsection 2. The notice required by this subsection must:

(a) Be in a language that is easily understood and in a format that is easy to understand;

(b) Include an explanation of what a formulary is; and

(1) An explanation of:

(I) How often the contents of the formulary are reviewed; and

(II) The procedure and criteria for determining which prescription drugs are included in and excluded from the formulary; and

(2) The telephone number of the insurer for making a request for information regarding the formulary pursuant to subsection 2.

2. If an insurer offers or issues a policy of health insurance which provides coverage for prescription drugs and a formulary is used, the insurer shall:

(a) Provide to any insured or participating provider of health care, upon request:

(1) Information regarding whether a specific drug is included in the formulary.

(2) Access to the most current list of prescription drugs in the formulary, organized by major therapeutic category, with an indication of whether any listed drugs are preferred over other listed drugs. If more than one formulary is maintained, the insurer shall notify the requester that a choice of formulary lists is available.

(b) Notify each person who requests information regarding the formulary, that the inclusion of a drug in the formulary does not guarantee that a provider of health care will prescribe that drug for a particular medical condition.

(c) During each period for open enrollment, publish on an Internet website that is operated by the insurer and accessible to the public or include in any enrollment materials distributed by the insurer a notice of all prescription drugs that:

(1) Are included on the most recent list of drugs that are essential for treating asthma and diabetes in this State compiled by the Department of Health and Human Services pursuant to subsection 1 of NRS 439B.630; and

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ê2019 Statutes of Nevada, Page 1467 (CHAPTER 258, SB 262)ê

(2) Have been removed or will be removed from the formulary during the current plan year or the next plan year.

(d) Update the notice required by paragraph (c) throughout the period for open enrollment.

Sec. 5. This act becomes effective:

1. Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

2. On October 1, 2019, for all other purposes.

________

CHAPTER 259, AB 370

Assembly Bill No. 370–Assemblyman Daly

CHAPTER 259

[Approved: May 30, 2019]

AN ACT relating to industrial insurance; authorizing the use of money in the Fund for Workers’ Compensation and Safety in the State Treasury to make certain payments; revising provisions providing for an annual increase in death benefits; authorizing the reimbursement of insurers for the costs of increases in death benefits under certain circumstances; authorizing assessments against certain employers to defray the costs of certain increases in death benefits and other administrative costs relating thereto; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Section 3.5 of this bill provides for an annual increase in death benefits in the amount of 2.3 percent for widows, widowers, surviving children or surviving dependent parents who are entitled to death benefits under industrial insurance on account of industrial injuries or disablements from occupational diseases, with compensation to be increased on January 1, 2020, and on January 1 of each year thereafter.

Section 3.8 of this bill provides that an insurer who pays an increase in certain death benefits to a widow, widower, surviving child or surviving dependent parent is entitled to be reimbursed annually for the amount of that increase if the insurer provides certain information relating to those death benefits to the Administrator of the Division of Industrial Relations of the Department of Business and Industry.

Existing law sets forth the uses of money and securities in the Fund for Workers’ Compensation and Safety. (NRS 616A.425) Section 1 of this bill provides that, for widows, widowers, surviving children and surviving dependent parents who are entitled to receive death benefits on account of an industrial injury or a disablement from an occupational disease that occurred before July 1, 2019, money in the Fund may also be used to pay: (1) reimbursement to insurers for the cost of the increase in those death benefits; and (2) the salary and other expenses of administering the payment of those increased death benefits.

Section 4 of this bill provides that, for widows, widowers, surviving children and surviving dependent parents who are entitled to receive death benefits on account of an industrial injury or a disablement from an occupational disease that occurred before July 1, 2019, assessments against employers who provide accident benefits for injured employees may be used to defray the costs of: (1) reimbursement to insurers for the cost of the increase in those death benefits; and (2) the salary and other expenses of administering the payment of those increased death benefits.

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ê2019 Statutes of Nevada, Page 1468 (CHAPTER 259, AB 370)ê

for the cost of the increase in those death benefits; and (2) the salary and other expenses of administering the payment of those increased death benefits.

Sections 5 and 6 of this bill set forth the calculation of the base amount of the annual death benefits of a widow, widower, surviving child or surviving dependent parent who is entitled to receive future increases in those death benefits on account of an industrial injury or a disablement from an occupational disease that occurred before January 1, 1994.

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 616A.425 is hereby amended to read as follows:

616A.425 1. There is hereby established in the State Treasury the Fund for Workers’ Compensation and Safety as an enterprise fund. All money received from assessments levied on insurers and employers by the Administrator pursuant to NRS 232.680 must be deposited in this Fund.

2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the Division for functions supported in whole or in part from the Fund must be delivered to the custody of the State Treasurer for deposit to the credit of the Fund.

3. All money and securities in the Fund must be used to defray all costs and expenses of administering the program of workers’ compensation, including the payment of:

(a) All salaries and other expenses in administering the Division of Industrial Relations, including the costs of the office and staff of the Administrator.

(b) All salaries and other expenses of administering NRS 616A.435 to 616A.460, inclusive, the offices of the Hearings Division of the Department of Administration and the programs of self-insurance and review of premium rates by the Commissioner.

(c) The salary and other expenses of a full-time employee of the Legislative Counsel Bureau whose principal duties are limited to conducting research and reviewing and evaluating data related to industrial insurance.

(d) All salaries and other expenses of the Fraud Control Unit for Industrial Insurance established pursuant to NRS 228.420.

(e) Claims against uninsured employers arising from compliance with NRS 616C.220 and 617.401.

(f) That portion of the salaries and other expenses of the Office for Consumer Health Assistance of the Department of Health and Human Services established pursuant to NRS 232.458 that is related to providing assistance to consumers and injured employees concerning workers’ compensation.

(g) For widows, widowers, surviving children and surviving dependent parents who are entitled to death benefits on account of an industrial injury or a disablement from an occupational disease that occurred before July 1, 2019:

(1) Reimbursement to insurers for the cost of the increase in the death benefits pursuant to subsection 1 of section 3.5 of this act; and

(2) The salary and other expenses of administering the payment of the increase in death benefits pursuant to subsection 1 of section 3.5 of this act.

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ê2019 Statutes of Nevada, Page 1469 (CHAPTER 259, AB 370)ê

Ê The provisions of this paragraph shall cease to be of any force or effect when no widow, widower, surviving child or surviving dependent parent is entitled to receive death benefits on account of an industrial injury or a disablement from an occupational disease that occurred before July 1, 2019.

4. The State Treasurer may disburse money from the Fund only upon written order of the Controller.

5. The State Treasurer shall invest money of the Fund in the same manner and in the same securities in which the State Treasurer is authorized to invest state general funds which are in his or her custody. Income realized from the investment of the assets of the Fund must be credited to the Fund.

6. The Commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the Commissioner 30 days before their effective date. Any insurer or employer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.

7. If the Division refunds any part of an assessment, the Division shall include in that refund any interest earned by the Division from the refunded part of the assessment.

Secs. 2 and 3. (Deleted by amendment.)

Sec. 3.2. Chapter 616C of NRS is hereby amended by adding thereto the provisions set forth as sections 3.5 and 3.8 of this act.

Sec. 3.5. 1. Any widow, widower, surviving child or surviving dependent parent who is receiving death benefits pursuant to chapters 616A to 617, inclusive, of NRS on account of an industrial injury or a disablement from an occupational disease is entitled to an annual increase in those death benefits in the amount of 2.3 percent. The benefits must be increased pursuant to this section:

(a) On January 1, 2020; and

(b) On January 1 of each year thereafter.

2. Any increase in death benefits provided pursuant to this section is in addition to any increase in death benefits to which a widow, widower, surviving child or surviving dependent parent is otherwise entitled by law.

3. Any increase in death benefits pursuant to this section on account of an industrial injury or a disablement from an occupational disease that occurred on or after July 1, 2019, must be paid by insurers, including, without limitation, employers who provide accident benefits for injured employees pursuant to NRS 616C.265, without reimbursement from the Fund for Workers’ Compensation and Safety pursuant to section 3.8 of this act.

Sec. 3.8. 1. An insurer, including, without limitation, an employer who provides accident benefits for injured employees pursuant to NRS 616C.265, who pays an increase in death benefits to a widow, widower, surviving child or surviving dependent parent pursuant to section 3.5 of this act is entitled to be reimbursed for the amount of that increase from the Fund for Workers’ Compensation and Safety if the insurer provides to the Administrator all of the following:

(a) The name of the widow, widower, surviving child or surviving dependent parent to whom the insurer paid the increase in death benefits.

(b) The claim number under which death benefits were paid to the widow, widower, surviving child or surviving dependent parent.

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ê2019 Statutes of Nevada, Page 1470 (CHAPTER 259, AB 370)ê

(c) The date of the industrial injury or disablement from an occupational disease which resulted in the eligibility of the widow, widower, surviving child or surviving dependent parent for death benefits.

(d) The date of the death of the injured employee who is the:

(1) Spouse of the widow or widower;

(2) Parent of the surviving child; or

(3) Child of the surviving dependent parent.

(e) The amount of the death benefit to which the widow, widower, surviving child or surviving dependent parent was entitled as of December 31, 2019.

(f) Proof of the insurer’s payment of the increase in death benefits.

(g) The amount of reimbursement requested by the insurer.

2. An insurer must provide the Administrator with the information required pursuant to subsection 1 not later than March 31 of each year to be eligible for reimbursement pursuant to this section for payments of increases in death benefits which were made in the immediately preceding calendar year.

3. An insurer may not be reimbursed pursuant to this section unless the insurer’s request for reimbursement is approved by the Administrator.

4. An insurer may elect to apply any approved reimbursement made pursuant to this section towards any current or future assessment levied by the Administrator pursuant to NRS 232.680.

Sec. 4. NRS 232.680 is hereby amended to read as follows:

232.680 1. The cost of carrying out the provisions of NRS 232.550 to 232.700, inclusive, and of supporting the Division, a full-time employee of the Legislative Counsel Bureau and the Fraud Control Unit for Industrial Insurance established pursuant to NRS 228.420, and that portion of the cost of the Office for Consumer Health Assistance established pursuant to NRS 232.458 that is related to providing assistance to consumers and injured employees concerning workers’ compensation, must be paid from assessments payable by each insurer, including each employer who provides accident benefits for injured employees pursuant to NRS 616C.265.

2. The Administrator shall assess each insurer, including each employer who provides accident benefits for injured employees pursuant to NRS 616C.265. To establish the amount of the assessment, the Administrator shall determine the amount of money necessary for each of the expenses set forth in subsections 1 and 4 of this section and subsection 3 of NRS 616A.425 and determine the amount that is payable by the private carriers, the self-insured employers, the associations of self-insured public or private employers and the employers who provide accident benefits pursuant to NRS 616C.265 for each of the programs. For the expenses from which more than one group of insurers receives benefit, the Administrator shall allocate a portion of the amount necessary for that expense to be payable by each of the relevant group of insurers, based upon the expected annual expenditures for claims of each group of insurers. After allocating the amounts payable among each group of insurers for all the expenses from which each group receives benefit, the Administrator shall apply an assessment rate to the:

(a) Private carriers that reflects the relative hazard of the employments covered by the private carriers, results in an equitable distribution of costs among the private carriers and is based upon expected annual premiums to be received;

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ê2019 Statutes of Nevada, Page 1471 (CHAPTER 259, AB 370)ê

(b) Self-insured employers that results in an equitable distribution of costs among the self-insured employers and is based upon expected annual expenditures for claims;

(c) Associations of self-insured public or private employers that results in an equitable distribution of costs among the associations of self-insured public or private employers and is based upon expected annual expenditures for claims; and

(d) Employers who provide accident benefits pursuant to NRS 616C.265 that reflect the relative hazard of the employments covered by those employers, results in an equitable distribution of costs among the employers and is based upon expected annual expenditures for claims.

Ê The Administrator shall adopt regulations that establish the formula for the assessment and for the administration of payment, and any penalties that the Administrator determines are necessary to carry out the provisions of this subsection. The formula may use actual expenditures for claims. As used in this subsection, the term “group of insurers” includes the group of employers who provide accident benefits for injured employees pursuant to NRS 616C.265.

3. Federal grants may partially defray the costs of the Division.

4. Assessments made against insurers by the Division after the adoption of regulations must be used to defray all costs and expenses of administering the program of workers’ compensation, including the payment of:

(a) All salaries and other expenses in administering the Division, including the costs of the office and staff of the Administrator.

(d) All salaries and other expenses of the Fraud Control Unit for Industrial Insurance established pursuant to NRS 228.420.

(e) Claims against uninsured employers arising from compliance with NRS 616C.220 and 617.401.

(f) That portion of the salaries and other expenses of the Office for Consumer Health Assistance established pursuant to NRS 232.458 that is related to providing assistance to consumers and injured employees concerning workers’ compensation.

[5. If the Division refunds any part of an assessment, the Division shall include in that refund any interest earned by the Division from the refunded part of the assessment.]

(1) Reimbursement to insurers for the cost of the increase in the death benefits pursuant to subsection 1 of section 3.5 of this act; and

(2) The salary and other expenses of administering the payment of the increase in death benefits pursuant to subsection 1 of section 3.5 of this act.

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ê2019 Statutes of Nevada, Page 1472 (CHAPTER 259, AB 370)ê

Sec. 5. For the purposes of subsection 1 of section 3.5 of this act, the amount of death benefits which is to be increased by 2.3 percent on January 1, 2020, for a widow, widower, surviving child or surviving dependent parent who is entitled to receive death benefits on account of an industrial injury or a disablement from an occupational disease that occurred before January 1, 1989, shall be deemed to be the amount of annual death benefits the widow, widower, surviving child or surviving dependent parent was entitled to receive before the effective date of this act, compounded 3 times at 2.3 percent. The intent of this section is to put the widow, widower, surviving child or surviving dependent parent in the same position on January 1, 2020, with regard to the amount of death benefits to be increased by 2.3 percent pursuant to paragraph (a) of subsection 1 of section 3.5 of this act, as if the widow, widower, surviving child or surviving dependent parent had been receiving an annual increase of 2.3 percent of his or her annual death benefits on January 1 of each year beginning on January 1, 2017.

Sec. 6. For the purposes of subsection 1 of section 3.5 of this act, the amount of death benefits which is to be increased by 2.3 percent on January 1, 2020, for a widow, widower, surviving child or surviving dependent parent who is entitled to receive death benefits on account of an industrial injury or a disablement from an occupational disease that occurred on or after January 1, 1989, and before January 1, 1994, shall be deemed to be the amount of annual death benefits the widow, widower, surviving child or surviving dependent parent was entitled to receive before the effective date of this act, compounded 2 times at 2.3 percent. The intent of this section is to put the widow, widower, surviving child or surviving dependent parent in the same position on January 1, 2020, with regard to the amount of death benefits to be increased by 2.3 percent pursuant to paragraph (a) of subsection 1 of section 3.5 of this act, as if the widow, widower, surviving child or surviving dependent parent had been receiving an annual increase of 2.3 percent of his or her annual death benefits on January 1 of each year beginning on January 1, 2018.

Sec. 7. (Deleted by amendment.)

Sec. 8. This act becomes effective on July 1, 2019.

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ê2019 Statutes of Nevada, Page 1473ê

CHAPTER 260, SB 13

Senate Bill No. 13–Committee on Government Affairs

CHAPTER 260

[Approved: May 30, 2019]

AN ACT relating to counties; authorizing the board of county commissioners of a county to form a nonprofit corporation to aid the county in providing certain services during an emergency; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law provides for the formation and operation of nonprofit corporations within this State. (Chapter 82 of NRS) Section 3 of this bill authorizes a board of county commissioners to form a nonprofit corporation to aid the county during an emergency in providing to residents and visitors emergency assistance or any other governmental service such as social services or financial assistance. Section 4 of this bill provides that such a nonprofit corporation has the same powers as other nonprofit corporations except that the nonprofit shall not: (1) borrow money, contract debts or issue bonds, promissory notes, drafts, debentures or other indebtedness; (2) acquire, transfer or deal in or with bonds or obligations or shares of securities or interests; (3) levy dues, assessments or fees; or (4) carry on a business for profit and apply profits to any activity in which the nonprofit may engage. Section 5 of this bill deems: (1) such a nonprofit corporation to be a political subdivision; and (2) members of the board of directors to be employees of the political subdivision for purposes of tort liability. Section 6 of this bill requires that the assets of the government nonprofit corporation must be distributed to the county upon the dissolution of the government nonprofit corporation.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

Sec. 2. 1. Except as otherwise provided in sections 2 to 6, inclusive, of this act, the provisions of chapter 82 of NRS apply to a nonprofit corporation formed pursuant to section 3 of this act.

2. To the extent that the provisions of sections 2 to 6, inclusive, of this act conflict with the provisions of chapter 82 of NRS, the provisions of sections 2 to 6, inclusive, of this act control.

Sec. 3. 1. The board of county commissioners of a county may form a nonprofit corporation to aid the county during an emergency in providing to residents and visitors emergency assistance or any other governmental service, including, without limitation, social services and financial assistance for food and shelter.

2. The board of county commissioners shall approve by resolution the articles of incorporation and bylaws of the nonprofit corporation before the articles of incorporation may be filed with the Secretary of State pursuant to NRS 82.081. The bylaws of the nonprofit corporation must:

(a) Provide that the purpose of the nonprofit corporation is limited to aiding the county during an emergency as provided in subsection 1;

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ê2019 Statutes of Nevada, Page 1474 (CHAPTER 260, SB 13)ê

(b) Limit the nonprofit corporation to operating only after a declaration of an emergency by the county; and

3. After adopting a resolution forming a nonprofit corporation pursuant to this section, the board of county commissioners shall appoint the initial members of the board of directors. All subsequent members of the board of directors must be appointed as provided in the bylaws of the nonprofit corporation.

4. A person who is appointed to serve as a member of the board of directors who is not otherwise a public officer is not a public officer by virtue of such appointment.

5. The board of directors of the nonprofit corporation formed pursuant to subsection 1 shall provide an annual report to the board of county commissioners which must include, without limitation:

(a) A summary of the activities of the nonprofit corporation during the preceding year;

(b) A statement of the finances of the nonprofit corporation during the preceding year;

(c) A statement of any money received and any money spent by the nonprofit corporation during the preceding year, including, without limitation, the compensation paid to each officer and each member of the board of directors of the nonprofit corporation; and

(d) The names of the current members of the board of directors of the nonprofit corporation.

Sec. 4. 1. Except as otherwise provided in subsection 2, a nonprofit corporation formed pursuant to section 3 of this act has the powers set forth in NRS 82.121 and 82.131.

2. A nonprofit corporation formed pursuant to section 3 of this act shall not exercise the powers set forth in subsection 1, 2, 5 or 7 of NRS 82.131.

Sec. 5. Any liability or action against a nonprofit corporation formed pursuant to section 3 of this act must be determined in the same manner and with the same limitations and conditions as provided in NRS 41.0305 to 41.039, inclusive. To this extent, the nonprofit corporation shall be deemed a political subdivision of the State and the members of the board of directors shall be deemed employees of the political subdivision.

Sec. 6. Upon the dissolution of a nonprofit corporation formed pursuant to section 3 of this act, the assets of the nonprofit corporation must be distributed to the county which formed the nonprofit corporation and used in a manner consistent with the purposes of the nonprofit corporation.

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CHAPTER 261, SB 315

Senate Bill No. 315–Senators Woodhouse, Ratti, Cannizzaro, Dondero Loop, Parks; Brooks, Cancela and Denis

CHAPTER 261

[Approved: May 30, 2019]

AN ACT relating to public health; creating the Rare Disease Advisory Council within the Department of Health and Human Services; requiring information concerning the importance of annual physical examinations for children to be provided in certain programs, activities, notifications and courses; providing for the issuance of special license plates to increase awareness of childhood cancer; exempting the special license plates from certain provisions otherwise applicable to special license plates; requiring certain licensing boards to encourage continuing education in the diagnosis of rare diseases and disseminate information concerning childhood cancers; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law establishes certain programs to improve public health in this State. (NRS 439.495-439.5297) Section 2 of this bill creates the Rare Disease Advisory Council within the Department of Health and Human Services to study issues relating to the prevalence and treatment of rare diseases in this State. Section 3 of this bill prescribes the duties of the Council, which include annually compiling a public report. Section 3 requires the report to contain a summary of the activities of the Council and any recommendations of the Council for legislation and other policies.

Existing law requires the Division of Public and Behavioral Health of the Department of Health and Human Services to take necessary measures to prevent the spread of sickness and disease and enforce all health laws and regulations. (NRS 439.170) Section 4 of this bill requires the Division to include information concerning the importance of annual physical examinations by a provider of health care for children in appropriate public health programs and activities. Section 5 of this bill requires the board of trustees of a school district or the governing body of a charter school to include such information in any written communication with the parents or guardians of pupils related to the health of pupils.

Existing law requires health and physical education to be taught in all public schools in this State. (NRS 389.018) Section 6 of this bill requires those courses to include instruction concerning the importance of annual physical examinations by a provider of health care and the appropriate response to unusual aches and pains.

Section 7 of this bill requires the Department of Motor Vehicles to design, prepare and issue special license plates to increase awareness of childhood cancer. A person wishing to obtain the special license plates must pay to the Department fees for initial issuance of $60 and fees for renewal of $30, along with all applicable registration and license fees and governmental services taxes. Section 7 requires a portion of those fees to be credited to the Department and used to pay any expenses of the Rare Disease Advisory Council and other programs and services related to childhood cancer. A person wishing to obtain the special license plates may also request that the plates be combined with personalized prestige plates if the person pays the additional fees for the personalized prestige plates.

Under existing law, certain special license plates: (1) must be approved by the Department, based on a recommendation from the Commission on Special License Plates; (2) are subject to a limitation on the number of separate designs of special license plates which the Department may issue at any one time; and (3) may not be designed, prepared or issued by the Department unless a certain number of applications for the plates are received. (NRS 482.367004, 482.367008, 482.36705) Sections 11-13 of this bill exempt the special license plates to increase awareness of childhood cancer from each of the preceding requirements.

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Sections 11-13 of this bill exempt the special license plates to increase awareness of childhood cancer from each of the preceding requirements. Sections 7.5-10 and 14-16 of this bill make conforming changes.

Existing law requires physicians, physician assistants and registered nurses to receive certain continuing education. (NRS 630.253, 632.343, 633.471) Sections 18, 20 and 22 of this bill require the Board of Medical Examiners, the State Board of Nursing and the State Board of Osteopathic Medicine to encourage physicians, physician assistants and advanced practice registered nurses to receive, as a portion of that continuing education, training and education in the diagnosis of rare diseases. Sections 17, 19 and 21 of this bill require those licensing boards to annually disseminate to physicians, physician assistants and registered nurses who care for children information concerning the signs of pediatric cancer.

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 439 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

Sec. 2. 1. The Rare Disease Advisory Council is hereby created within the Department of Health and Human Services. The Council consists of:

(a) The Chair of the State of Nevada Advisory Council on Palliative Care and Quality of Life created by NRS 232.4855 or his or her designee; and

(b) The following members appointed by the Director:

(1) Not more than three physicians who practice in the area of cardiology, emergency care, neurology, oncology, orthopedics, pediatrics or primary care and provide care to patients with rare diseases;

(2) Two registered nurses who provide care to patients with rare diseases;

(3) Not more than two administrators of hospitals that provide care to patients with rare diseases or their designees;

(4) One representative of the Division who provides education concerning rare diseases or the management of chronic conditions;

(5) The employee of the Division who is responsible for epidemiology services;

(6) Two persons over 18 years of age who have suffered from or currently suffer from a rare disease;

(7) Two parents or guardians who each have experience caring for a child with a rare disease;

(8) One representative of an organization dedicated to providing services to patients suffering from rare diseases in northern Nevada; and

(9) One representative of an organization dedicated to providing services to patients suffering from rare diseases in southern Nevada.

2. The Council may, by affirmative vote of a majority of its members, request the Director to appoint to the Council additional members who have expertise on issues studied by the Council. Such members serve for a period determined by the Council.

3. A vacancy in the membership of the Council must be filled in the same manner as the initial appointment.

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4. The members of the Council serve without compensation and are not entitled to the per diem and travel expenses provided for state officers and employees generally.

5. Each member of the Council who is an officer or employee of this State or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation so that the officer or employee may prepare for and attend meetings of the Council and perform any work necessary to carry out the duties of the Council in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Council to make up the time the officer or employee is absent from work to carry out duties as a member of the Council or use annual leave or compensatory time for the absence.

6. The Department shall provide such administrative support to the Council as is necessary to carry out the duties of the Council.

7. The Council shall:

(a) Elect a Chair from among its members; and

(b) Meet at least once every 3 months at the times and places specified by a call of the Chair and may meet at such further times as deemed necessary by the Chair.

Sec. 3. 1. The Rare Disease Advisory Council created by section 2 of this act shall:

(a) Perform a statistical and qualitative examination of the incidence, causes and economic burden of rare diseases in this State;

(b) Receive and consider reports and testimony concerning rare diseases from persons, the Division, community-based organizations, providers of health care and other local and national organizations whose work relates to rare diseases;

(d) Identify evidence-based strategies to prevent and control rare diseases;

(e) Determine the effect of delayed or inappropriate treatment on the quality of life for patients suffering from rare diseases and the economy of this State;

(f) Study the effect of early treatment for rare diseases on the quality of life for patients suffering from rare diseases, the provision of services to such patients and reimbursement for such services;

(g) Increase awareness among providers of health care of the symptoms of and care for patients with rare diseases;

(h) Evaluate the systems for delivery of treatment for rare diseases in place in this State and develop recommendations to increase the survival rates and quality of life of patients with rare diseases;

(i) Determine effective methods of collecting data concerning cases of rare diseases in this State for the purpose of conducting epidemiological studies of rare diseases in this State;

(j) Establish a comprehensive plan for the management of rare diseases in this State, which must include, without limitation, recommendations for the Department, the Division, local health districts, public and private organizations, businesses and potential sources of funding, and update the comprehensive plan as necessary; and

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(k) Develop a registry of rare diseases diagnosed in this State to determine the genetic and environmental factors that contribute to such rare diseases.

2. The Council shall compile an annual report which must include, without limitation, a summary of the activities of the Council and any recommendations of the Council for legislation or other policies. The Council shall:

(a) Post the report on an Internet website maintained by the Department; and

(b) Submit the report to the Department, the Governor and the Director of the Legislative Counsel Bureau for transmittal to:

(1) In even-numbered years, the next regular session of the Legislature; and

(2) In odd-numbered years, the Legislative Committee on Health Care.

3. As used in this section, “provider of health care” has the meaning ascribed to it in NRS 629.031.

Sec. 4. NRS 439.170 is hereby amended to read as follows:

439.170 1. The Division shall take such measures as may be necessary to prevent the spread of sickness and disease, and shall possess all powers necessary to fulfill the duties and exercise the authority prescribed by law and to bring actions in the courts for the enforcement of all health laws and lawful rules and regulations.

2. The Division shall include in appropriate public health programs and activities information concerning the importance of an annual physical examination by a provider of health care for children.

Sec. 5. Chapter 388 of NRS is hereby amended by adding thereto a new section to read as follows:

The board of trustees of a school district or the governing body of a charter school shall include in any written communication with the parent or guardian of a pupil related to the health of pupils information concerning the importance of an annual physical examination by a provider of health care for children.

Sec. 6. NRS 389.018 is hereby amended to read as follows:

389.018 1. The following subjects are designated as the core academic subjects that must be taught, as applicable for grade levels, in all public schools, the Caliente Youth Center, the Nevada Youth Training Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS:

(a) English language arts;

(b) Mathematics;

(d) Social studies, which includes only the subjects of history, geography, economics and government.

2. Except as otherwise provided in this subsection, a pupil enrolled in a public high school must enroll in a minimum of:

(a) Four units of credit in English language arts;

(b) Four units of credit in mathematics, including, without limitation, Algebra I and geometry, or an equivalent course of study that integrates Algebra I and geometry;

(d) Three units of credit in social studies, including, without limitation:

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(1) American government;

(2) American history; and

(3) World history or geography.

Ê A pupil is not required to enroll in the courses of study and credits required by this subsection if the pupil, the parent or legal guardian of the pupil and an administrator or a counselor at the school in which the pupil is enrolled mutually agree to a modified course of study for the pupil and that modified course of study satisfies at least the requirements for a standard high school diploma, an adjusted diploma or an alternative diploma, as applicable.

3. Except as otherwise provided in this subsection, in addition to the core academic subjects, the following subjects must be taught as applicable for grade levels and to the extent practicable in all public schools, the Caliente Youth Center, the Nevada Youth Training Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS:

(a) The arts;

(b) Computer education and technology;

(d) Physical education.

Ê If the State Board requires the completion of course work in a subject area set forth in this subsection for graduation from high school or promotion to the next grade, a public school shall offer the required course work. Except as otherwise provided for a course of study in health prescribed by subsection 1 of NRS 389.021, unless a subject is required for graduation from high school or promotion to the next grade, a charter school is not required to comply with this subsection.

4. Instruction in health and physical education provided pursuant to subsection 3 must include, without limitation, instruction concerning the importance of annual physical examinations by a provider of health care and the appropriate response to unusual aches and pains.

Sec. 7. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The Department, in cooperation with organizations selected by the Department whose work relates to childhood cancer, shall design, prepare and issue license plates to increase awareness of childhood cancer using any colors and designs which the Department deems appropriate. The design of the license plates must include the phrase “Cure Childhood Cancer.”

2. The Department shall issue license plates to increase awareness of childhood cancer for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates to increase awareness of childhood cancer if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates to increase awareness of childhood cancer pursuant to subsections 3 and 4.

3. The fee for license plates to increase awareness of childhood cancer is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

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4. In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed pursuant to subsection 3, a person who requests a set of license plates to increase awareness of childhood cancer must pay for the issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be deposited in accordance with subsection 8.

5. The provisions of NRS 482.36705 do not apply to license plates described in this section.

6. If, during a registration period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

(a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services taxes due pursuant to NRS 482.399; or

(b) Within 30 days after removing the plates from the vehicle, return them to the Department.

7. The Department may accept any gifts, grants and donations or other sources of money for the production and issuance of the special license plates pursuant to this section.

8. The Department shall deposit the additional fees collected pursuant to subsection 4 with the State Treasurer for credit to the Department of Health and Human Services. The money may be used by the Department of Health and Human Services only:

(a) To pay any expenses of the Rare Disease Advisory Council created by section 2 of this act; and

(b) For other programs and services related to childhood cancer.

Sec. 7.5. NRS 482.2065 is hereby amended to read as follows:

482.2065 1. A trailer may be registered for a 3-year period as provided in this section.

2. A person who registers a trailer for a 3-year period must pay upon registration all fees and taxes that would be due during the 3-year period if he or she registered the trailer for 1 year and renewed that registration for 2 consecutive years immediately thereafter, including, without limitation:

(a) Registration fees pursuant to NRS 482.480 and 482.483.

(b) A fee for each license plate issued pursuant to NRS 482.268.

(c) Fees for the initial issuance, reissuance and renewal of a special license plate pursuant to NRS 482.265, if applicable.

(d) Fees for the initial issuance and renewal of a personalized prestige license plate pursuant to NRS 482.367, if applicable.

(e) Additional fees for the initial issuance and renewal of a special license plate issued pursuant to NRS 482.3667 to 482.3823, inclusive, and section 7 of this act which are imposed to generate financial support for a particular cause or charitable organization, if applicable.

(f) Governmental services taxes imposed pursuant to chapter 371 of NRS, as provided in NRS 482.260.

(g) The applicable taxes imposed pursuant to chapters 372, 374, 377 and 377A of NRS.

3. A license plate issued pursuant to this section will be reissued as provided in NRS 482.265 except that such reissuance will be done at the first renewal after the license plate has been issued for not less than 8 years.

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4. As used in this section, the term “trailer” does not include a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483.

Sec. 8. NRS 482.216 is hereby amended to read as follows:

482.216 1. Except as otherwise provided in NRS 482.2155, upon the request of a new vehicle dealer, the Department may authorize the new vehicle dealer to:

(a) Accept applications for the registration of the new motor vehicles he or she sells and the related fees and taxes;

(b) Issue certificates of registration to applicants who satisfy the requirements of this chapter; and

(c) Accept applications for the transfer of registration pursuant to NRS 482.399 if the applicant purchased from the new vehicle dealer a new vehicle to which the registration is to be transferred.

2. A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall:

(a) Transmit the applications received to the Department within the period prescribed by the Department;

(b) Transmit the fees collected from the applicants and properly account for them within the period prescribed by the Department;

(d) Bear any cost of equipment which is necessary to issue certificates of registration, including any computer hardware or software.

3. A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall not:

(a) Charge any additional fee for the performance of those services;

(b) Receive compensation from the Department for the performance of those services;

(d) Accept an application for the registration of a motor vehicle if the applicant wishes to:

(1) Obtain special license plates pursuant to NRS 482.3667 to 482.3823, inclusive [;] , and section 7 of this act; or

(2) Claim the exemption from the governmental services tax provided pursuant to NRS 361.1565 to veterans and their relations.

4. The provisions of this section do not apply to the registration of a moped pursuant to NRS 482.2155.

5. The Director shall adopt such regulations as are necessary to carry out the provisions of this section. The regulations adopted pursuant to this subsection must provide for:

(a) The expedient and secure issuance of license plates and decals by the Department; and

(b) The withdrawal of the authority granted to a new vehicle dealer pursuant to subsection 1 if that dealer fails to comply with the regulations adopted by the Department.

Sec. 9. NRS 482.2703 is hereby amended to read as follows:

482.2703 1. The Director may order the preparation of sample license plates which must be of the same design and size as regular license plates or license plates issued pursuant to NRS 482.384. The Director shall ensure that:

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(a) Each license plate issued pursuant to this subsection, regardless of its design, is inscribed with the word SAMPLE and an identical designation which consists of the same group of three numerals followed by the same group of three letters; and

(b) The designation of numerals and letters assigned pursuant to paragraph (a) is not assigned to a vehicle registered pursuant to this chapter or chapter 706 of NRS.

2. The Director may order the preparation of sample license plates which must be of the same design and size as any of the special license plates issued pursuant to NRS 482.3667 to 482.3823, inclusive [.] , and section 7 of this act. The Director shall ensure that:

(a) Each license plate issued pursuant to this subsection, regardless of its design, is inscribed with the word SAMPLE and the number zero in the location where any other numerals would normally be displayed on a license plate of that design; and

(b) The number assigned pursuant to paragraph (a) is not assigned to a vehicle registered pursuant to this chapter or chapter 706 of NRS.

3. The Director may establish a fee for the issuance of sample license plates of not more than $15 for each license plate.

4. A decal issued pursuant to NRS 482.271 may be displayed on a sample license plate issued pursuant to this section.

5. All money collected from the issuance of sample license plates must be deposited in the State Treasury for credit to the Motor Vehicle Fund.

6. A person shall not affix a sample license plate issued pursuant to this section to a vehicle. A person who violates the provisions of this subsection is guilty of a misdemeanor.

Sec. 10. NRS 482.274 is hereby amended to read as follows:

482.274 1. The Director shall order the preparation of vehicle license plates for trailers in the same manner provided for motor vehicles in NRS 482.270, except that a vehicle license plate prepared for a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483 is not required to have displayed upon it the month and year the registration expires.

2. The Director shall order preparation of two sizes of vehicle license plates for trailers. The smaller plates may be used for trailers with a gross vehicle weight of less than 1,000 pounds.

3. The Director shall determine the registration numbers assigned to trailers.

4. Any license plates issued for a trailer before July 1, 1975, bearing a different designation from that provided for in this section, are valid during the period for which such plates were issued.

5. Any license plates issued for a trailer before January 1, 1982, are not subject to reissue pursuant to subsection 2 of NRS 482.265.

6. The Department shall not issue for a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483 a special license plate available pursuant to NRS 482.3667 to 482.3823, inclusive [.] , and section 7 of this act.

Sec. 11. NRS 482.367004 is hereby amended to read as follows:

482.367004 1. There is hereby created the Commission on Special License Plates. The Commission is advisory to the Department and consists of five Legislators and three nonvoting members as follows:

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ê2019 Statutes of Nevada, Page 1483 (CHAPTER 261, SB 315)ê

(a) Five Legislators appointed by the Legislative Commission:

(1) One of whom is the Legislator who served as the Chair of the Assembly Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in place of the Legislator when absent. The alternate must be another Legislator who also served on the Assembly Standing Committee on Transportation during the most recent legislative session.

(2) One of whom is the Legislator who served as the Chair of the Senate Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in place of the Legislator when absent. The alternate must be another Legislator who also served on the Senate Standing Committee on Transportation during the most recent legislative session.

(b) Three nonvoting members consisting of:

(1) The Director of the Department of Motor Vehicles, or a designee of the Director.

(2) The Director of the Department of Public Safety, or a designee of the Director.

(3) The Director of the Department of Tourism and Cultural Affairs, or a designee of the Director.

2. Each member of the Commission appointed pursuant to paragraph (a) of subsection 1 serves a term of 2 years, commencing on July 1 of each odd-numbered year. A vacancy on the Commission must be filled in the same manner as the original appointment.

3. Members of the Commission serve without salary or compensation for their travel or per diem expenses.

4. The Director of the Legislative Counsel Bureau shall provide administrative support to the Commission.

5. The Commission shall recommend to the Department that the Department approve or disapprove:

(a) Applications for the design, preparation and issuance of special license plates that are submitted to the Department pursuant to subsection 1 of NRS 482.367002;

(b) The issuance by the Department of special license plates that have been designed and prepared pursuant to NRS 482.367002; and

(c) Except as otherwise provided in subsection 7, applications for the design, preparation and issuance of special license plates that have been authorized by an act of the Legislature after January 1, 2007.

Ê In determining whether to recommend to the Department the approval of such an application or issuance, the Commission shall consider, without limitation, whether it would be appropriate and feasible for the Department to, as applicable, design, prepare or issue the particular special license plate. For the purpose of making recommendations to the Department, the Commission shall consider each application in the chronological order in which the application was received by the Department.

6. On or before September 1 of each fiscal year, the Commission shall compile a list of each special license plate for which the Commission, during the immediately preceding fiscal year, recommended to the Department that the Department approve the application for the special license plate or approve the issuance of the special license plate. The list so compiled must set forth, for each such plate, the cause or charitable organization for which the special license plate generates or would generate financial support, and the intended use to which the financial support is being put or would be put.

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the intended use to which the financial support is being put or would be put. The Commission shall transmit the information described in this subsection to the Department and the Department shall make that information available on its Internet website.

7. The provisions of paragraph (c) of subsection 5 do not apply with regard to special license plates that are issued pursuant to NRS 482.3746, 482.3751, 482.3752, 482.3757, 482.3783, 482.3785, 482.3787 or 482.37901 [.] or section 7 of this act.

8. The Commission shall:

(a) Recommend to the Department that the Department approve or disapprove any proposed change in the distribution of money received in the form of additional fees. As used in this paragraph, “additional fees” means the fees that are charged in connection with the issuance or renewal of a special license plate for the benefit of a particular cause, fund or charitable organization. The term does not include registration and license fees or governmental services taxes.

(b) If it recommends a proposed change pursuant to paragraph (a) and determines that legislation is required to carry out the change, recommend to the Department that the Department request the assistance of the Legislative Counsel in the preparation of a bill draft to carry out the change.

Sec. 12. 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 and petition 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 or 482.37901, or section 7 of this act, a license plate that is approved by the Legislature after July 1, 2005.

2. Notwithstanding any other provision of law to the contrary, and except as otherwise provided in subsection 3, the Department shall not, at any one time, issue more than 30 separate designs of special license plates. Whenever the total number of separate designs of special license plates issued by the Department at any one time is less than 30, the Department shall issue a number of additional designs of special license plates that have been authorized by an act of the Legislature or the application for which has been recommended by the Commission on Special License Plates to be approved by the Department pursuant to subsection 5 of NRS 482.367004, 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:

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(a) The Commission on Special License Plates must have recommended to the Department that the Department approve the design, preparation and issuance of the special plates as described in paragraphs (a) and (b) of subsection 5 of NRS 482.367004; 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,

Ê the Director shall provide notice of that fact in the manner described in subsection 6.

6. The notice required pursuant to subsection 5 must be provided:

(a) If the special license plate generates financial support for a cause or charitable organization, to that cause or charitable organization.

(b) If the special license plate does not generate financial support for a cause or charitable organization, to an entity which is involved in promoting the activity, place or other matter that is depicted on the plate.

7. If, on December 31 of the same year in which notice was provided pursuant to subsections 5 and 6, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:

(a) In the case of special license plates not described in subsection 3, less than 1,000; or

(b) In the case of special license plates described in subsection 3, less than 3,000,

Ê 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.

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Sec. 13. NRS 482.36705 is hereby amended to read as follows:

482.36705 1. Except as otherwise provided in subsection 2:

(a) If a new special license plate is authorized by an act of the Legislature after January 1, 2003, other than a special license plate that is authorized pursuant to NRS 482.379375, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the Department receives at least 1,000 applications for the issuance of that plate within 2 years after the effective date of the act of the Legislature that authorized the plate.

(b) In addition to the requirements set forth in paragraph (a), if a new special license plate is authorized by an act of the Legislature after July 1, 2005, the Legislature will direct that the license plate not be issued by the Department unless its issuance complies with subsection 2 of NRS 482.367008.

(c) In addition to the requirements set forth in paragraphs (a) and (b), if a new special license plate is authorized by an act of the Legislature after January 1, 2007, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the Commission on Special License Plates recommends to the Department that the Department approve the application for the authorized plate pursuant to NRS 482.367004.

2. The provisions of subsection 1 do not apply with regard to special license plates that are issued pursuant to NRS 482.3746, 482.3751, 482.3752, 482.3757, 482.3783, 482.3785, 482.3787 or 482.37901 [.] or section 7 of this act.

Sec. 14. NRS 482.38276 is hereby amended to read as follows:

482.38276 “Special license plate” means:

1. A license plate that the Department has designed and prepared pursuant to NRS 482.367002 in accordance with the system of application and petition described in that section;

2. A license plate approved by the Legislature that the Department has designed and prepared pursuant to NRS 482.3747, 482.37903, 482.37904, 482.37905, 482.37917, 482.379175, 482.37918, 482.37919, 482.3792, 482.3793, 482.37933, 482.37934, 482.37935, 482.379355, 482.379365, 482.37937, 482.379375, 482.37938, 482.37939, 482.37945 or 482.37947; and

3. Except for a license plate that is issued pursuant to NRS 482.3746, 482.3757, 482.3785, 482.3787 or 482.37901 [,] or section 7 of this act, a license plate that is approved by the Legislature after July 1, 2005.

Sec. 15. NRS 482.399 is hereby amended to read as follows:

482.399 1. Upon the transfer of the ownership of or interest in any vehicle by any holder of a valid registration, or upon destruction of the vehicle, the registration expires.

2. Except as otherwise provided in NRS 482.2155 and subsection 3 of NRS 482.483, the holder of the original registration may transfer the registration to another vehicle to be registered by the holder and use the same regular license plate or plates or special license plate or plates issued pursuant to NRS 482.3667 to 482.3823, inclusive, and section 7 of this act, or 482.384, on the vehicle from which the registration is being transferred, if the license plate or plates are appropriate for the second vehicle, upon filing an application for transfer of registration and upon paying the transfer registration fee and the excess, if any, of the registration fee and governmental services tax on the vehicle to which the registration is transferred over the total registration fee and governmental services tax paid on all vehicles from which he or she is transferring ownership or interest.

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transferring ownership or interest. Except as otherwise provided in NRS 482.294, an application for transfer of registration must be made in person, if practicable, to any office or agent of the Department or to a registered dealer, and the license plate or plates may not be used upon a second vehicle until registration of that vehicle is complete.

3. In computing the governmental services tax, the Department, its agent or the registered dealer shall credit the portion of the tax paid on the first vehicle attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the second vehicle or on any other vehicle of which the person is the registered owner. If any person transfers ownership or interest in two or more vehicles, the Department or the registered dealer shall credit the portion of the tax paid on all of the vehicles attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the vehicle to which the registration is transferred or on any other vehicle of which the person is the registered owner. The certificates of registration and unused license plates of the vehicles from which a person transfers ownership or interest must be submitted before credit is given against the tax due on the vehicle to which the registration is transferred or on any other vehicle of which the person is the registered owner.

4. In computing the registration fee, the Department or its agent or the registered dealer shall credit the portion of the registration fee paid on each vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis against the registration fee due on the vehicle to which registration is transferred.

5. If the amount owed on the registration fee or governmental services tax on the vehicle to which registration is transferred is less than the credit on the total registration fee or governmental services tax paid on all vehicles from which a person transfers ownership or interest, the person may apply the unused portion of the credit to the registration of any other vehicle owned by the person. Any unused portion of such a credit expires on the date the registration of the vehicle from which the person transferred the registration was due to expire.

6. If the license plate or plates are not appropriate for the second vehicle, the plate or plates must be surrendered to the Department or registered dealer and an appropriate plate or plates must be issued by the Department. The Department shall not reissue the surrendered plate or plates until the next succeeding licensing period.

7. If application for transfer of registration is not made within 60 days after the destruction or transfer of ownership of or interest in any vehicle, the license plate or plates must be surrendered to the Department on or before the 60th day for cancellation of the registration.

8. Except as otherwise provided in subsection 2 of NRS 371.040, NRS 482.2155, subsections 7 and 8 of NRS 482.260 and subsection 3 of NRS 482.483, if a person cancels his or her registration and surrenders to the Department the license plates for a vehicle, the Department shall:

(a) In accordance with the provisions of subsection 9, issue to the person a refund of the portion of the registration fee and governmental services tax paid on the vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis; or

(b) If the person does not qualify for a refund in accordance with the provisions of subsection 9, issue to the person a credit in the amount of the portion of the registration fee and governmental services tax paid on the vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis.

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ê2019 Statutes of Nevada, Page 1488 (CHAPTER 261, SB 315)ê

the portion of the registration fee and governmental services tax paid on the vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis. Such a credit may be applied by the person to the registration of any other vehicle owned by the person. Any unused portion of the credit expires on the date the registration of the vehicle from which the person obtained a refund was due to expire.

9. The Department shall issue a refund pursuant to subsection 8 only if the request for a refund is made at the time the registration is cancelled and the license plates are surrendered, the person requesting the refund is a resident of Nevada, the amount eligible for refund exceeds $100, and evidence satisfactory to the Department is submitted that reasonably proves the existence of extenuating circumstances. For the purposes of this subsection, the term “extenuating circumstances” means circumstances wherein:

(a) The person has recently relinquished his or her driver’s license and has sold or otherwise disposed of his or her vehicle.

(b) The vehicle has been determined to be inoperable and the person does not transfer the registration to a different vehicle.

(c) The owner of the vehicle is seriously ill or has died and the guardians or survivors have sold or otherwise disposed of the vehicle.

(d) Any other event occurs which the Department, by regulation, has defined to constitute an “extenuating circumstance” for the purposes of this subsection.

Sec. 16. NRS 482.500 is hereby amended to read as follows:

482.500 1. Except as otherwise provided in subsection 2 or 3 or specifically provided by statute, whenever upon application any duplicate or substitute certificate of registration, indicator, decal or number plate is issued, the following fees must be paid:

For a certificate of registration.............................................................. $5.00

For every substitute number plate or set of plates.............................. 5.00

For every duplicate number plate or set of plates............................. 10.00

For every decal displaying a county name............................................. .50

For every other indicator, decal, license plate sticker or tab.............. 5.00

2. The following fees must be paid for any replacement number plate or set of plates issued for the following special license plates:

(a) For any special plate issued pursuant to NRS 482.3667, 482.367002, 482.3672, 482.3675, 482.370 to 482.3755, inclusive, and section 7 of this act, 482.376 or 482.379 to 482.3818, inclusive, a fee of $10.

(b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.

(c) Except as otherwise provided in paragraph (a) of subsection 1 of NRS 482.3824, for any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the Director for the issuance of those plates.

3. A fee must not be charged for a duplicate or substitute of a decal issued pursuant to NRS 482.37635.

4. The fees which are paid for replacement number plates, duplicate number plates and decals displaying county names must be deposited with the State Treasurer for credit to the Motor Vehicle Fund and allocated to the Department to defray the costs of replacing or duplicating the plates and manufacturing the decals.

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ê2019 Statutes of Nevada, Page 1489 (CHAPTER 261, SB 315)ê

Sec. 17. Chapter 630 of NRS is hereby amended by adding thereto a new section to read as follows:

The Board shall develop and disseminate annually to each licensed physician and physician assistant who cares for children information concerning the signs and symptoms of pediatric cancer.

Sec. 18. NRS 630.253 is hereby amended to read as follows:

630.253 1. The Board shall, as a prerequisite for the:

(a) Renewal of a license as a physician assistant; or

(b) Biennial registration of the holder of a license to practice medicine,

Ê require each holder to submit evidence of compliance with the requirements for continuing education as set forth in regulations adopted by the Board.

2. These requirements:

(a) May provide for the completion of one or more courses of instruction relating to risk management in the performance of medical services.

(b) Must provide for the completion of a course of instruction, within 2 years after initial licensure, relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction. The course must provide at least 4 hours of instruction that includes instruction in the following subjects:

(1) An overview of acts of terrorism and weapons of mass destruction;

(2) Personal protective equipment required for acts of terrorism;

(3) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;

(4) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and

(5) An overview of the information available on, and the use of, the Health Alert Network.

(c) Must provide for the completion by a holder of a license to practice medicine of a course of instruction within 2 years after initial licensure that provides at least 2 hours of instruction on evidence-based suicide prevention and awareness as described in subsection 5.

Ê The Board may thereafter determine whether to include in a program of continuing education additional courses of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction.

3. The Board shall encourage each holder of a license who treats or cares for persons who are more than 60 years of age to receive, as a portion of their continuing education, education in geriatrics and gerontology, including such topics as:

(a) The skills and knowledge that the licensee needs to address aging issues;

(b) Approaches to providing health care to older persons, including both didactic and clinical approaches;

(d) The importance of maintenance of function and independence for older persons.

4. The Board shall encourage each holder of a license to practice medicine to receive, as a portion of his or her continuing education, training concerning methods for educating patients about how to effectively manage medications, including, without limitation, the ability of the patient to request to have the symptom or purpose for which a drug is prescribed included on the label attached to the container of the drug.

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ê2019 Statutes of Nevada, Page 1490 (CHAPTER 261, SB 315)ê

to have the symptom or purpose for which a drug is prescribed included on the label attached to the container of the drug.

5. The Board shall require each holder of a license to practice medicine to receive as a portion of his or her continuing education at least 2 hours of instruction every 4 years on evidence-based suicide prevention and awareness, which may include, without limitation, instruction concerning:

(a) The skills and knowledge that the licensee needs to detect behaviors that may lead to suicide, including, without limitation, post-traumatic stress disorder;

(b) Approaches to engaging other professionals in suicide intervention; and

6. The Board shall encourage each holder of a license to practice medicine or as a physician assistant to receive, as a portion of his or her continuing education, training and education in the diagnosis of rare diseases, including, without limitation:

(a) Recognizing the symptoms of pediatric cancer; and

(b) Interpreting family history to determine whether such symptoms indicate a normal childhood illness or a condition that requires additional examination.

7. A holder of a license to practice medicine may not substitute the continuing education credits relating to suicide prevention and awareness required by this section for the purposes of satisfying an equivalent requirement for continuing education in ethics.

[7.] 8. A holder of a license to practice medicine may substitute not more than 2 hours of continuing education credits in pain management or addiction care for the purposes of satisfying an equivalent requirement for continuing education in ethics.

[8.] 9. As used in this section:

(a) “Act of terrorism” has the meaning ascribed to it in NRS 202.4415.

(b) “Biological agent” has the meaning ascribed to it in NRS 202.442.

(d) “Radioactive agent” has the meaning ascribed to it in NRS 202.4437.

(e) “Weapon of mass destruction” has the meaning ascribed to it in NRS 202.4445.

Sec. 19. NRS 632.120 is hereby amended to read as follows:

632.120 1. The Board shall:

(a) Adopt regulations establishing reasonable standards:

(1) For the denial, renewal, suspension and revocation of, and the placement of conditions, limitations and restrictions upon, a license to practice professional or practical nursing or a certificate to practice as a nursing assistant or medication aide - certified.

(2) Of professional conduct for the practice of nursing.

(3) For prescribing and dispensing controlled substances and dangerous drugs in accordance with applicable statutes.

(4) For the psychiatric training and experience necessary for an advanced practice registered nurse to be authorized to make the evaluations and examinations described in NRS 433A.160, 433A.240 and 433A.430 and the certifications described in NRS 433A.170, 433A.195 and 433A.200.

(b) Prepare and administer examinations for the issuance of a license or certificate under this chapter.

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ê2019 Statutes of Nevada, Page 1491 (CHAPTER 261, SB 315)ê

(d) Carry out and enforce the provisions of this chapter and the regulations adopted pursuant thereto.

(e) Develop and disseminate annually to each registered nurse who cares for children information concerning the signs and symptoms of pediatric cancer.

2. The Board may adopt regulations establishing reasonable:

(a) Qualifications for the issuance of a license or certificate under this chapter.

(b) Standards for the continuing professional competence of licensees or holders of a certificate. The Board may evaluate licensees or holders of a certificate periodically for compliance with those standards.

3. The Board may adopt regulations establishing a schedule of reasonable fees and charges, in addition to those set forth in NRS 632.345, for:

(a) Investigating licensees or holders of a certificate and applicants for a license or certificate under this chapter;

(b) Evaluating the professional competence of licensees or holders of a certificate;

(d) Duplicating and verifying records of the Board; and

(e) Surveying, evaluating and approving schools of practical nursing, and schools and courses of professional nursing,

Ê and collect the fees established pursuant to this subsection.

4. For the purposes of this chapter, the Board shall, by regulation, define the term “in the process of obtaining accreditation.”

5. The Board may adopt such other regulations, not inconsistent with state or federal law, as may be necessary to carry out the provisions of this chapter relating to nursing assistant trainees, nursing assistants and medication aides - certified.

6. The Board may adopt such other regulations, not inconsistent with state or federal law, as are necessary to enable it to administer the provisions of this chapter.

Sec. 20. NRS 632.343 is hereby amended to read as follows:

632.343 1. The Board shall not renew any license issued under this chapter until the licensee has submitted proof satisfactory to the Board of completion, during the 2-year period before renewal of the license, of 30 hours in a program of continuing education approved by the Board in accordance with regulations adopted by the Board. Except as otherwise provided in subsection 3, the licensee is exempt from this provision for the first biennial period after graduation from:

(a) An accredited school of professional nursing;

(b) An accredited school of practical nursing;

(d) An approved school of practical nursing in the process of obtaining accreditation.

2. The Board shall review all courses offered to nurses for the completion of the requirement set forth in subsection 1. The Board may approve nursing and other courses which are directly related to the practice of nursing as well as others which bear a reasonable relationship to current developments in the field of nursing or any special area of practice in which a licensee engages.

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ê2019 Statutes of Nevada, Page 1492 (CHAPTER 261, SB 315)ê

developments in the field of nursing or any special area of practice in which a licensee engages. These may include academic studies, workshops, extension studies, home study and other courses.

3. The program of continuing education required by subsection 1 must include:

(a) For a person licensed as an advanced practice registered nurse, a course of instruction to be completed within 2 years after initial licensure that provides at least 2 hours of instruction on suicide prevention and awareness as described in subsection 5.

(b) For each person licensed pursuant to this chapter, a course of instruction, to be completed within 2 years after initial licensure, relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction. The course must provide at least 4 hours of instruction that includes instruction in the following subjects:

(1) An overview of acts of terrorism and weapons of mass destruction;

(2) Personal protective equipment required for acts of terrorism;

(3) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;

(4) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and

(5) An overview of the information available on, and the use of, the Health Alert Network.

4. The Board shall encourage each licensee who treats or cares for persons who are more than 60 years of age to receive, as a portion of their continuing education, education in geriatrics and gerontology, including such topics as:

(a) The skills and knowledge that the licensee needs to address aging issues;

(b) Approaches to providing health care to older persons, including both didactic and clinical approaches;

(d) The importance of maintenance of function and independence for older persons.

5. The Board shall require each person licensed as an advanced practice registered nurse to receive as a portion of his or her continuing education at least 2 hours of instruction every 4 years on evidence-based suicide prevention and awareness or another course of instruction on suicide prevention and awareness that is approved by the Board which the Board has determined to be effective and appropriate.

6. The Board shall encourage each person licensed as an advanced practice registered nurse to receive, as a portion of his or her continuing education, training and education in the diagnosis of rare diseases, including, without limitation:

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ê2019 Statutes of Nevada, Page 1493 (CHAPTER 261, SB 315)ê

(a) Recognizing the symptoms of pediatric cancer; and

(b) Interpreting family history to determine whether such symptoms indicate a normal childhood illness or a condition that requires additional examination.

7. As used in this section:

(a) “Act of terrorism” has the meaning ascribed to it in NRS 202.4415.

(b) “Biological agent” has the meaning ascribed to it in NRS 202.442.

(d) “Radioactive agent” has the meaning ascribed to it in NRS 202.4437.

(e) “Weapon of mass destruction” has the meaning ascribed to it in NRS 202.4445.

Sec. 21. Chapter 633 of NRS is hereby amended by adding thereto a new section to read as follows:

The Board shall develop and disseminate annually to each licensed osteopathic physician and physician assistant who cares for children information concerning the signs and symptoms of pediatric cancer.

Sec. 22. NRS 633.471 is hereby amended to read as follows:

633.471 1. Except as otherwise provided in subsection 9 and NRS 633.491, every holder of a license issued under this chapter, except a temporary or a special license, may renew the license on or before January 1 of each calendar year after its issuance by:

(a) Applying for renewal on forms provided by the Board;

(b) Paying the annual license renewal fee specified in this chapter;

(c) Submitting a list of all actions filed or claims submitted to arbitration or mediation for malpractice or negligence against the holder during the previous year;

(d) Submitting evidence to the Board that in the year preceding the application for renewal the holder has attended courses or programs of continuing education approved by the Board in accordance with regulations adopted by the Board totaling a number of hours established by the Board which must not be less than 35 hours nor more than that set in the requirements for continuing medical education of the American Osteopathic Association; and

(e) Submitting all information required to complete the renewal.

2. The Secretary of the Board shall notify each licensee of the requirements for renewal not less than 30 days before the date of renewal.

3. The Board shall request submission of verified evidence of completion of the required number of hours of continuing medical education annually from no fewer than one-third of the applicants for renewal of a license to practice osteopathic medicine or a license to practice as a physician assistant. Upon a request from the Board, an applicant for renewal of a license to practice osteopathic medicine or a license to practice as a physician assistant shall submit verified evidence satisfactory to the Board that in the year preceding the application for renewal the applicant attended courses or programs of continuing medical education approved by the Board totaling the number of hours established by the Board.

4. The Board shall require each holder of a license to practice osteopathic medicine to complete a course of instruction within 2 years after initial licensure that provides at least 2 hours of instruction on evidence-based suicide prevention and awareness as described in subsection [7.] 8.

5. The Board shall encourage each holder of a license to practice osteopathic medicine to receive, as a portion of his or her continuing education, training concerning methods for educating patients about how to effectively manage medications, including, without limitation, the ability of the patient to request to have the symptom or purpose for which a drug is prescribed included on the label attached to the container of the drug.

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ê2019 Statutes of Nevada, Page 1494 (CHAPTER 261, SB 315)ê

effectively manage medications, including, without limitation, the ability of the patient to request to have the symptom or purpose for which a drug is prescribed included on the label attached to the container of the drug.

6. The Board shall encourage each holder of a license to practice osteopathic medicine or as a physician assistant to receive, as a portion of his or her continuing education, training and education in the diagnosis of rare diseases, including, without limitation:

(a) Recognizing the symptoms of pediatric cancer; and

(b) Interpreting family history to determine whether such symptoms indicate a normal childhood illness or a condition that requires additional examination.

7. The Board shall require, as part of the continuing education requirements approved by the Board, the biennial completion by a holder of a license to practice osteopathic medicine of at least 2 hours of continuing education credits in ethics, pain management or addiction care.

[7.] 8. The Board shall require each holder of a license to practice osteopathic medicine to receive as a portion of his or her continuing education at least 2 hours of instruction every 4 years on evidence-based suicide prevention and awareness which may include, without limitation, instruction concerning:

(a) The skills and knowledge that the licensee needs to detect behaviors that may lead to suicide, including, without limitation, post-traumatic stress disorder;

(b) Approaches to engaging other professionals in suicide intervention; and

[8.] 9. A holder of a license to practice osteopathic medicine may not substitute the continuing education credits relating to suicide prevention and awareness required by this section for the purposes of satisfying an equivalent requirement for continuing education in ethics.

[9.] 10. Members of the Armed Forces of the United States and the United States Public Health Service are exempt from payment of the annual license renewal fee during their active duty status.

Sec. 23. The Rare Disease Advisory Council created by section 2 of this act shall meet not later than 90 days after the effective date of this section.

Sec. 24. 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. 25. 1. This section and sections 1, 2, 3, 23 and 24 of this act become effective upon passage and approval.

2. Sections 4 to 22, 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, 2020, for all other purposes.

________

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ê2019 Statutes of Nevada, Page 1495ê

CHAPTER 262, SB 33

Senate Bill No. 33–Committee on Health and Human Services

CHAPTER 262

[Approved: May 30, 2019]

AN ACT relating to the support of children; imposing certain requirements on insurers relating to certain claimants owing past-due child support; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law imposes a duty on the parent of a child to support his or her child. (NRS 125B.020, 425.350) Under existing law, if a parent or other person with custody of a child receives public assistance in his or her own behalf or in behalf of the child: (1) the parent or other person is deemed to have assigned his or her right to child support from any other person to the Division of Welfare and Supportive Services of the Department of Health and Human Services to the extent of the public assistance received; and (2) the Division is entitled to any child support to which the parent or other person is entitled to the extent of the public assistance provided by the Division. (NRS 425.350, 425.360) Existing law also establishes a Program to locate absent parents, establish paternity and obtain child support, and enforce child support. (42 U.S.C. §§ 651 et seq.; NRS 425.318)

Section 1 of this bill requires certain insurers to exchange information, either directly or through an insurance claim data collection organization approved by the Division, with the Program not less than 5 days after opening certain bodily injury, wrongful death, workers’ compensation or life insurance claims for the purpose of verifying whether the claimant owes a debt for child support to the Division or to a person receiving services from the Program. If periodic payments will be made to the claimant, the insurer is required to make this exchange of information only before the initial payment. If an insurer is notified that the claimant owes any such debt for support, the insurer is required, upon receipt of a notice identifying the amount of debt owed, to: (1) withhold from payment on the claim the amount specified in the notice; and (2) remit the amount withheld from payment to the Division, its designated representative or the prosecuting attorney within 30 days. However, section 1 requires the Division, its designated representative or the prosecuting attorney to give any item, claim or demand for attorney’s fees or costs, medical expenses or property damage priority over any amount to be withheld and remitted to the Division, its designated representative or the prosecuting attorney. If an insurer withholds and remits any such money to the Division, its representative or the prosecuting attorney, the insurer is required to notify the claimant and his or her attorney, if known to the insurer, of that fact.

Section 2 of this bill provides that this bill becomes effective on January 1, 2020.

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 425 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in subsections 7 and 8, each insurer shall, not later than 5 days after opening a tort liability claim for bodily injury or wrongful death, a workers’ compensation claim or a claim under a policy of life insurance, exchange information with the Program in the manner prescribed by the Division to verify whether the claimant owes debt for the support of one or more children to the Division or to a person receiving services from the Program.

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ê2019 Statutes of Nevada, Page 1496 (CHAPTER 262, SB 33)ê

for the support of one or more children to the Division or to a person receiving services from the Program. To the extent feasible, the Division shall facilitate a secure electronic process to exchange information with insurers pursuant to this subsection. The obligation of an insurer to exchange information with the Program is discharged upon complying with the requirements of this subsection.

2. Except as otherwise provided in subsections 4 and 6, if an insurer is notified by the Program that a claimant owes debt for the support of one or more children to the Division or to a person receiving services from the Program, the insurer shall, upon receipt of a notice issued by the enforcing authority identifying the amount of debt owed pursuant to chapter 31A of NRS:

(a) Not later than 5 days after receiving notice from the enforcing authority, notify the claimant and his or her attorney, if known to the insurer, of the debt owed;

(b) Withhold from payment on the claim the amount specified in the notice; and

3. If an insurer withholds any money from payment on a claim and remits the money to the enforcing authority pursuant to subsection 2, the insurer shall notify the claimant and his or her attorney, if known to the insurer, of that fact.

4. The enforcing authority shall give any lien, claim or demand for attorney’s fees or costs, medical expenses or property damage, including, without limitation, a demand for attorney’s fees or costs incurred in connection with compensation that is subject to the provisions of NRS 616C.205, priority over any withholding of payment pursuant to subsection 2.

5. Any information obtained pursuant to this section must be used only for the purpose of carrying out the provisions of this section. Notwithstanding the provisions of this subsection, an insurer or an insurance claim data collection organization approved by the Division or other entity that performs the functions described in subsection 8 may not be held liable in any civil or criminal action for any act made in good faith pursuant to this section, including, without limitation:

(a) Any disclosure of information to the Division or to the Program; or

(b) The withholding of any money from payment on a claim or the remittance of such money to the enforcing authority.

6. An insurer shall not delay the disbursement of a payment on a claim to comply with the requirements of this section. An insurer is not required to comply with subsection 2 if the notice issued by the enforcing authority is received by the insurer after the insurer has disbursed the payment on the claim. In the case of a claim that will be paid through periodic payments, the insurer:

(a) Is not required to comply with the provisions of subsection 2 with regard to any payments on the claim disbursed to the claimant before the notice was received by the insurer; and

(b) Must comply with the provisions of subsection 2 with regard to any payments on the claim scheduled to be made after the receipt of the notice.

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ê2019 Statutes of Nevada, Page 1497 (CHAPTER 262, SB 33)ê

7. If periodic payments will be made to a claimant, an insurer is only required to engage in the exchange of information pursuant to subsection 1 before issuing the initial payment.

8. Except as otherwise provided in this subsection, if an insurer reports information concerning claimants to an insurance claim data collection organization approved by the Division, the insurer may comply with the requirements of this section by authorizing the insurance claim data collection organization to provide claimant information to the federal Office of Child Support Enforcement of the Administration for Children and Families of the United States Department of Health and Human Services, the Program or a designee identified by the Program for the sole purpose of complying with this section. If no insurance claim data collection organization is approved by the Division, an insurer may comply with the requirements of this section by authorizing an entity determined by the Division to perform the same function as an insurance claim data collection organization to provide claimant information to the federal Office of Child Support Enforcement, the Program or a designee identified by the Program for the sole purpose of complying with this section.

9. As used in this section:

(a) “Claimant” means any person who:

(1) Brings a tort liability claim for bodily injury or wrongful death against an insured under a casualty insurance policy, as defined in NRS 681A.020, or a property insurance policy, as defined in NRS 681A.060;

(2) Is a beneficiary under a life insurance policy; or

(3) Is receiving workers’ compensation benefits.

(b) “Claim for bodily injury” does not include a claim for uninsured or underinsured vehicle coverage or medical payments coverage under a motor vehicle liability policy.

(c) “Insurance claim data collection organization” means an organization that maintains a centralized database of information concerning insurance claims to assist insurers that subscribe to the database in processing claims and detecting and preventing fraud.

(d) “Insurer” means:

(1) A person who holds a certificate of authority to transact insurance in this State pursuant to NRS 680A.060.

(2) A nonadmitted insurer, as defined in NRS 685A.0375, with whom nonadmitted insurance, as defined in NRS 685A.037, is placed.

(3) The Nevada Insurance Guaranty Association created by NRS 687A.040.

Sec. 2. This act becomes effective on January 1, 2020.

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ê2019 Statutes of Nevada, Page 1498ê

CHAPTER 263, AB 142

Assembly Bill No. 142–Assemblymen Krasner; Backus, Bilbray-Axelrod, Cohen, Duran, Gorelow, Hardy, Martinez, Monroe-Moreno, Munk, Neal, Spiegel, Titus and Yeager

Joint Sponsors: Senators Spearman; Cancela, D. Harris and Seevers Gansert

CHAPTER 263

[Approved: May 31, 2019]

AN ACT relating to criminal procedure; eliminating the statute of limitations for the prosecution of sexual assault if the identity of the person accused of committing the crime is established by DNA evidence; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law generally requires an indictment for sexual assault to be found, or an information or complaint to be filed, within 20 years after the commission of the offense. (NRS 171.085) Existing law also provides that there is no limitation of time within which a prosecution for sexual assault is required to be commenced if, during the 20-year period of limitation, the victim of the sexual assault or a person authorized to act on behalf of the victim files with a law enforcement officer a written report concerning the sexual assault. (NRS 171.083)

Section 1 of this bill additionally provides that there is no limitation of time within which a prosecution for sexual assault is required to be commenced if the identity of a person who is accused of committing the sexual assault is established by DNA evidence. Section 4 of this bill provides that such an exception applies to a person who: (1) committed a sexual assault before July 1, 2019, if the statute of limitations has not expired on July 1, 2019; or (2) commits a sexual assault on or after July 1, 2019.

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 171 of NRS is hereby amended by adding thereto a new section to read as follows:

1. If the identity of a person who is accused of committing a sexual assault is established by conducting a genetic marker analysis of a biological specimen and obtaining a DNA profile, the period of limitation prescribed in NRS 171.085 is removed and there is no limitation of the time within which a prosecution for the sexual assault must be commenced.

2. As used in this section:

(a) “Biological specimen” has the meaning ascribed to it in NRS 176.09112.

(b) “DNA profile” has the meaning ascribed to it in NRS 176.09115.

Sec. 2. NRS 171.085 is hereby amended to read as follows:

171.085 Except as otherwise provided in NRS 171.080, 171.083, 171.084 and 171.095, and section 1 of this act, an indictment for:

1. Theft, robbery, burglary, forgery, arson, sex trafficking, a violation of NRS 90.570, a violation punishable pursuant to paragraph (c) of subsection 3 of NRS 598.0999 or a violation of NRS 205.377 must be found, or an information or complaint filed, within 4 years after the commission of the offense.

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ê2019 Statutes of Nevada, Page 1499 (CHAPTER 263, AB 142)ê

subsection 3 of NRS 598.0999 or a violation of NRS 205.377 must be found, or an information or complaint filed, within 4 years after the commission of the offense.

2. Sexual assault must be found, or an information or complaint filed, within 20 years after the commission of the offense.

3. Any felony other than the felonies listed in subsections 1 and 2 must be found, or an information or complaint filed, within 3 years after the commission of the offense.

Sec. 3. NRS 171.095 is hereby amended to read as follows:

171.095 1. Except as otherwise provided in subsection 2 and NRS 171.083 and 171.084 [:] and section 1 of this act:

(a) If a felony, gross misdemeanor or misdemeanor is committed in a secret manner, an indictment for the offense must be found, or an information or complaint filed, within the periods of limitation prescribed in NRS 171.085, 171.090 and 624.800 after the discovery of the offense, unless a longer period is allowed by paragraph (b) or (c) or the provisions of NRS 202.885.

(b) An indictment must be found, or an information or complaint filed, for any offense constituting sexual abuse of a child as defined in NRS 432B.100 or sex trafficking of a child as defined in NRS 201.300, before the victim is:

(1) Thirty-six years old if the victim discovers or reasonably should have discovered that he or she was a victim of the sexual abuse or sex trafficking by the date on which the victim reaches that age; or

(2) Forty-three years old if the victim does not discover and reasonably should not have discovered that he or she was a victim of the sexual abuse or sex trafficking by the date on which the victim reaches 36 years of age.

(c) If a felony is committed pursuant to NRS 205.461 to 205.4657, inclusive, against a victim who is less than 18 years of age at the time of the commission of the offense, an indictment for the offense must be found, or an information or complaint filed, within 4 years after the victim discovers or reasonably should have discovered the offense.

2. If any indictment found, or an information or complaint filed, within the time prescribed in subsection 1 is defective so that no judgment can be given thereon, another prosecution may be instituted for the same offense within 6 months after the first is abandoned.

Sec. 4. The amendatory provisions of this act apply to a person who:

1. Committed a sexual assault before July 1, 2019, if the applicable statute of limitations has commenced but has not yet expired on July 1, 2019; or

2. Commits a sexual assault on or after July 1, 2019.

Sec. 5. This act becomes effective on July 1, 2019.

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ê2019 Statutes of Nevada, Page 1500ê

CHAPTER 264, AB 410

Assembly Bill No. 410–Assemblymen Krasner, Titus; Flores and Fumo

Joint Sponsors: Senators Spearman; and Settelmeyer

CHAPTER 264

[Approved: May 31, 2019]

AN ACT relating to orders for protection; revising provisions relating to orders for protection against domestic violence or stalking, aggravated stalking or harassment; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law authorizes a court to issue a temporary or extended order for protection against domestic violence. (NRS 33.020) Existing law also provides that a temporary order expires within 30 days, unless an application for an extended order is filed within the period of a temporary order or at the same time that an application for a temporary order is filed, in which case the temporary order remains in effect until the hearing on the extended order is held. (NRS 33.080) Section 1 of this bill extends the period of time that a temporary order is initially valid from 30 days to 45 days.

Existing law authorizes a person to petition a court for a temporary or extended order for protection against stalking, aggravated stalking or harassment. (NRS 200.591) Existing law also provides that a temporary order expires within 30 days, unless an application for an extended order is filed within the period of a temporary order or at the same time that an application for a temporary order is filed, in which case the temporary order remains in effect until the hearing on the extended order is held. (NRS 200.594) Section 2 of this bill extends the period of time that a temporary order is initially valid from 30 days to 45 days.

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 33.080 is hereby amended to read as follows:

33.080 1. A temporary order expires within such time, not to exceed [30] 45 days, as the court fixes. If an application for an extended order is filed within the period of a temporary order or at the same time that an application for a temporary order is filed, the temporary order remains in effect until:

(a) The hearing on the extended order is held; or

(b) If the court schedules a second or third hearing pursuant to subsection 4 or 5 of NRS 33.020, the date on which the second or third hearing on an application for an extended order is held.

2. On 2 days’ notice to the party who obtained the temporary order, the adverse party may appear and move its dissolution or modification, and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.

3. An extended order expires within such time, not to exceed 1 year, as the court fixes. A temporary order may be converted by the court, upon notice to the adverse party and a hearing, into an extended order effective for not more than 1 year.

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ê2019 Statutes of Nevada, Page 1501 (CHAPTER 264, AB 410)ê

Sec. 2. NRS 200.594 is hereby amended to read as follows:

200.594 1. A temporary order issued pursuant to NRS 200.591 expires within such time, not to exceed [30] 45 days, as the court fixes. If a petition for an extended order is filed within the period of a temporary order, the temporary order remains in effect until the hearing on the extended order is held.

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CHAPTER 265, SB 179

Senate Bill No. 179–Senators Cancela, Ratti, Scheible; Brooks, Cannizzaro, Dondero Loop, D. Harris, Ohrenschall, Parks, Spearman and Woodhouse

Joint Sponsors: Assemblymen Spiegel, Bilbray-Axelrod, Peters, Nguyen; Assefa, Carrillo, Duran, Fumo, Gorelow, Jauregui, Martinez, McCurdy, Miller, Munk, Thompson and Watts

CHAPTER 265

[Approved: May 31, 2019]

AN ACT relating to abortions; revising provisions relating to informed consent to an abortion; repealing criminal penalties on certain actions relating to the termination of a pregnancy; repealing the prohibition on the excusal of a person on certain grounds from testifying as a witness in a prosecution relating to the termination of a pregnancy; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law in NRS 442.250 regulates the medical conditions under which abortions may be performed in this State. Because NRS 442.250 was submitted to and approved by a referendum of the voters at the 1990 general election, Section 1 of Article 19 of the Nevada Constitution dictates that the provisions of NRS 442.250 may not be amended, annulled, repealed, set aside, suspended or in any way made inoperative except by the direct vote of the people. In addition to the provisions of NRS 442.250, Nevada’s abortion laws also contain certain requirements for informed consent to an abortion. (NRS 442.253) Because the requirements concerning informed consent were not part of the referendum in 1990, they may be amended or repealed by the Legislature without being approved by the direct vote of the people.

This bill revises the requirements in existing law relating to informed consent. This bill conforms with Section 1 of Article 19 of the Nevada Constitution because this bill does not amend, annul, repeal, set aside, suspend or in any way make inoperative the provisions of NRS 442.250. Instead, this bill serves a different governmental purpose than the provisions of NRS 442.250 and revises laws that are separate and complete by themselves and are not amendatory of the provisions of NRS 442.250. (Matthews v. State ex rel. Nev. Tax Comm’n, 83 Nev. 266, 267-69 (1967))

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ê2019 Statutes of Nevada, Page 1502 (CHAPTER 265, SB 179)ê

Existing law requires a physician to certify in writing that a woman gave her informed written consent before performing an abortion in this State. Existing law additionally requires a physician to certify in writing the pregnant woman’s marital status and age before performing an abortion. (NRS 442.252) Existing law further requires that an attending physician or a person meeting the qualifications adopted by the Division of Public and Behavioral Health of the Department of Health and Human Services: (1) take certain action to notify a pregnant woman that she is pregnant; (2) inform a pregnant woman of the number of weeks which have elapsed from the probable time of conception; and (3) explain the physical and emotional implications of having the abortion. (NRS 442.253)

Sections 1 and 2 of this bill revise the requirements for informed consent for an abortion. Section 1 removes the requirement that a physician certify a pregnant woman’s marital status and age before performing an abortion. Section 1 also removes the requirement that a physician certify in writing that a woman gave her informed written consent. Section 2 requires an attending physician or person meeting the qualifications adopted by the Division to: (1) provide orally the explanation required in existing law to a pregnant woman that she is pregnant and a copy of her pregnancy test is available; and (2) orally inform her of the estimated gestational age. Section 2 additionally requires an attending physician or a person meeting the qualifications adopted by the Division to explain orally to a pregnant woman in an accurate and thorough manner: (1) the procedure to be used and the proper procedures for her care after the abortion; (2) the discomforts and risks that may accompany or follow the performance of a procedure; and (3) if an interpreter is available to assist the woman because the woman does not understand the language used on a form indicating consent or the language used by the persons providing her with information concerning the procedure, that an interpreter is available to provide the explanation. Section 2 also requires an attending physician or a person meeting the qualifications adopted by the Division to: (1) offer to answer any questions the woman has concerning the procedure; and (2) provide the woman with a copy of a form indicating consent. Section 2 provides that informed consent shall be deemed to have been given by a woman seeking an abortion when: (1) the form indicating consent has been signed and dated by certain persons; and (2) if the form indicating consent is not written in a language understood by the pregnant woman, the person who explains certain information to the pregnant woman certifies that the information has been presented in such a manner as to be understood by the woman.

Existing law criminalizes certain actions relating to the termination of a pregnancy and prohibits a person from being excused from testifying as a witness in any prosecution relating to the termination of a pregnancy on the grounds that the testimony would tend to incriminate the person. (NRS 201.120, 201.130, 201.140) Section 6 repeals these provisions.

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 442.252 is hereby amended to read as follows:

442.252 No physician may perform an abortion in this state unless, before the physician performs it, he or she [certifies in writing that] obtains the [woman gave her] informed [written] consent [, freely and without coercion. The physician shall further certify in writing the pregnant woman’s marital status and age based upon proof of age offered by her.] of the woman seeking the abortion pursuant to NRS 442.253.

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ê2019 Statutes of Nevada, Page 1503 (CHAPTER 265, SB 179)ê

Sec. 2. NRS 442.253 is hereby amended to read as follows:

442.253 1. The attending physician or a person meeting the qualifications established by regulations adopted by the Division shall [accurately and in a] :

(a) In an accurate and thorough manner which is reasonably likely to be understood by the pregnant woman [:

(a)] , orally:

(1) Explain that, in his or her professional judgment, she is pregnant and a copy of her pregnancy test is available to her.

[(b)] (2) Inform her of the [number of weeks which have elapsed from the probable time of conception.

(c)] estimated gestational age;

(3) Explain [the physical and emotional implications of having the abortion.

(d) Describe the medical] :

(I) The procedure to be used [, its consequences] and the proper procedures for her care after the abortion.

(II) The discomforts and risks that may accompany or follow the procedure.

(III) If an interpreter is available to assist the woman because the woman does not understand the language used on a form indicating consent or the language used by the attending physician or person meeting the qualifications established by regulations adopted by the Division, that an interpreter is available to provide the explanation.

(b) Offer to answer any questions the woman has concerning the procedure.

2. [The attending physician shall verify that all material facts and information, which in the professional judgment of the physician are necessary to allow the woman to give her informed consent, have been provided to her and that her consent is informed.] The form indicating consent provided pursuant to subsection 1 must clearly describe the nature and consequences of the procedure to be used.

3. [If the woman does not understand English, the form indicating consent must be written in a language understood by her, or the attending physician shall certify on the form that the information required to be given has been presented in such a manner as to be understandable by her. If an interpreter is used, the interpreter must be named and reference to this use must be made on the form for] Informed consent [.] shall be deemed to have been given by a woman seeking an abortion for the purposes of NRS 442.252 when:

(a) The form indicating consent provided pursuant to paragraph (c) of subsection 1 has been signed and dated by:

(1) The woman;

(2) The interpreter, if an interpreter is used;

(3) The attending physician who will perform the procedure; and

(4) The person meeting the qualifications established by regulations adopted by the Division if such a person performs the duties prescribed in subsection 1; and

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ê2019 Statutes of Nevada, Page 1504 (CHAPTER 265, SB 179)ê

(b) If the form indicating consent is not written in a language understood by the woman, the person who performs the duties prescribed in subsection 1 has certified on the form that the information described in subsection 1 has been presented in such a manner as to be understood by the woman.

Sec. 3. NRS 442.256 is hereby amended to read as follows:

442.256 A physician who performs an abortion shall maintain a record of it for at least 5 years after it is performed. The record must contain:

1. The [written] form indicating consent [of the woman;] completed in compliance with subsection 3 of NRS 442.253.

2. A statement of the information which was provided to the woman pursuant to NRS 442.253 . [; and]

3. A description of efforts to give any notice required by NRS 442.255.

Sec. 4. (Deleted by amendment.)

Sec. 5. NRS 41A.110 is hereby amended to read as follows:

41A.110 [A] Except as otherwise provided in subsection 3 of NRS 442.253, a physician licensed to practice medicine under the provisions of chapter 630 or 633 of NRS, or a dentist licensed to practice dentistry under the provisions of chapter 631 of NRS, has conclusively obtained the consent of a patient for a medical, surgical or dental procedure, as appropriate, if the physician or dentist has done the following:

1. Explained to the patient in general terms, without specific details, the procedure to be undertaken;

2. Explained to the patient alternative methods of treatment, if any, and their general nature;

3. Explained to the patient that there may be risks, together with the general nature and extent of the risks involved, without enumerating such risks; and

4. Obtained the signature of the patient to a statement containing an explanation of the procedure, alternative methods of treatment and risks involved, as provided in this section.

Sec. 6. NRS 201.120, 201.130 and 201.140 are hereby repealed.

Sec. 7. This act becomes effective on July 1, 2019.

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ê2019 Statutes of Nevada, Page 1505ê

CHAPTER 266, SB 94

Senate Bill No. 94–Committee on Health and Human Services

CHAPTER 266

[Approved: May 31, 2019]

AN ACT relating to family planning; revising provisions governing the Account for Family Planning; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law establishes the Account for Family Planning for the purpose of awarding grants of money to local governmental entities and nonprofit organizations to provide certain family planning services, including the distribution of certain contraceptives, the installation of certain contraceptive devices and the performance of certain contraceptive procedures. The Account is administered by the Administrator of the Division of Public and Behavioral Health of the Department of Health and Human Services. Existing law authorizes the Administrator to use not more than 10 percent of the money in the Account to administer the Account. (NRS 442.725) Section 1.2 of this bill transfers the duty to administer the Account from the Administrator to the Director of the Department of Health and Human Services or his or her designee. Additionally, section 1.2 authorizes the Director or his or her designee to also use the money to pay for family planning services offered by providers of health care or for other services offered by a department or division of the Executive Department of State Government through a contract with the recipient of the grant money. Further, section 1.2 decreases from 10 percent to 5 percent the amount of money in the Account that is authorized to be used to administer the Account. Section 1.2 also requires family planning services paid for with money from the Account to be made available to all persons who would otherwise have difficulty obtaining such services.

Existing law requires insurers to cover certain types of contraception. (NRS 689A.0418, 689B.0378, 689C.1676, 695A.1865, 695B.1919, 695C.1696, 695G.1715) Section 1.2 revises the types of contraception for which money from the Account may be used to correspond to the types of contraceptives that insurers are required to cover. Section 1.2 additionally authorizes the use of money from the Account to pay for voluntary sterilization for men, male condoms and certain federally recommended vaccinations. Section 1.2 also prohibits the Director or his or her designee or any entity that receives a grant from the Account or enters into a contract with the Director or his or her designee from discriminating against a provider of family planning services.

Sections 1, 1.3 and 1.4 of this bill make conforming changes.

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 442.720 is hereby amended to read as follows:

442.720 [“Administrator”] “Director” means the [Administrator of the Division.] Director of the Department of Health and Human Services.

Sec. 1.2. NRS 442.725 is hereby amended to read as follows:

442.725 1. The Account for Family Planning is hereby created in the State General Fund. The [Administrator] Director or his or her designee shall administer the Account.

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ê2019 Statutes of Nevada, Page 1506 (CHAPTER 266, SB 94)ê

2. Except as otherwise provided in subsection [5,] 6, the money in the Account must be expended to [award] :

(a) Award grants of money to local governmental entities and nonprofit organizations to provide the family planning services described in [this section] subsection 3 to all persons who would otherwise have difficulty obtaining such services because of poverty, lack of insurance or transportation or any other reason [. Grants of money awarded pursuant to this section] ; or

(b) Pay for family planning services described in subsection 3 which are provided by a department or division of the Executive Department of State Government or pursuant to a contract with such a department or division, which may include, without limitation, a contract with a community health nurse, a consultant or any other person or entity.

3. Money in the Account may only be used to [fund:] pay for:

(a) The provision of education by trained personnel concerning family planning;

(b) The distribution of information concerning family planning;

(c) The referral of persons to appropriate agencies, organizations and providers of health care for consultation, examination, treatment, genetic counseling and prescriptions for the purpose of family planning;

(d) The distribution of contraceptives, the installation of contraceptive devices and the performance of contraceptive procedures approved by the United States Food and Drug Administration, which must be limited to:

(1) [Sterilization surgery] Voluntary sterilization for men and women;

(2) Surgical sterilization implants for women;

(3) Implantable rods;

(4) [Copper] Copper-based intrauterine devices [and] ;

(5) Progesterone-based intrauterine devices ; [with progestin;

(5) Contraceptive injections and patches;]

(6) Injections;

(7) Combined [oral contraceptive pills, progestin only oral contraceptives and oral contraceptives for extended or continuous use;

(7)] estrogen- and progestin-based drugs;

(8) Progestin-based drugs;

(9) Extended- or continuous-regimen drugs;

(10) Estrogen- and progestin-based patches;

(11) Vaginal contraceptive rings;

[(8)] (12) Diaphragms [;

(9) Contraceptive sponges;

(10)] with spermicide;

(13) Sponges with spermicide;

(14) Cervical caps [;

(11)] with spermicide;

(15) [Female condoms;] Condoms;

[(12)] (16) Spermicide; [and

(13) Levonorgestrel and ulipristal]

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ê2019 Statutes of Nevada, Page 1507 (CHAPTER 266, SB 94)ê

(17) Combined estrogen- and progestin-based drugs for emergency contraception or progestin-based drugs for emergency contraception; and

(18) Ulipristal acetate [;] for emergency contraception;

(e) The provision of or referral of persons for preconception health services and assistance to achieve pregnancy; [and]

(f) The provision of or referral of persons for testing for and treatment of sexually transmitted infections [.

3.] ; and

(g) The provision of any vaccinations recommended by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention of the United States Department of Health and Human Services or its successor organization.

4. Family planning services funded by a local governmental entity using a grant awarded pursuant to [this section] paragraph (a) of subsection 2 may be provided wholly or partially through a contract between the local governmental entity and another local governmental entity, an agency of the State, a community health nurse, a consultant or any other person or entity.

[4.] 5. Family planning services [funded using a grant awarded] paid for pursuant to this section must be made available to all persons requesting such services:

(a) In a manner that protects the dignity of the recipient;

(b) Without regard to religion, race, color, national origin, physical or mental disability, age, sex, gender identity or expression, sexual orientation, number of previous pregnancies or marital status;

(c) In accordance with written clinical protocols that are in accordance with nationally recognized standards of care; and

(d) By persons who are required by NRS 432B.220 to report the abuse or neglect of a child.

[5.] 6. The [Administrator] Director or his or her designee may not use more than [10] 5 percent of the money in the Account to administer the Account.

[6.] 7. The [Administrator] Director or his or her designee shall award grants of money from the Account pursuant to paragraph (a) of subsection 2 based entirely on the need for family planning services in the community served by the local governmental entity or the nonprofit organization and the ability of the local governmental entity or nonprofit organization to effectively deliver family planning services.

[7.] 8. The Director or his or her designee or any entity that receives a grant or enters into a contract pursuant to subsection 2 shall not discriminate against any provider of family planning services in any manner, including, without limitation, by:

(a) Refusing to allow a provider of family planning services to provide family planning services paid with money from the Account; or

(b) Failing to provide timely or appropriate reimbursement for such family planning services.

9. The existence of the Account does not create a right in any local government or nonprofit organization or other entity to receive money from the Account.

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ê2019 Statutes of Nevada, Page 1508 (CHAPTER 266, SB 94)ê

[8.] 10. As used in this section, “preconception health services” means the promotion of proper health practices, screenings and interventions conducted before pregnancy to identify and modify biomedical, behavioral and social risks to a woman’s health or pregnancy outcome through prevention and management.

Sec. 1.3. NRS 442.730 is hereby amended to read as follows:

442.730 1. The [Administrator] Director or his or her designee may apply for and accept any gift, donation, bequest, grant or other source of money for the purpose of awarding grants pursuant to NRS 442.725. Any money so received must be deposited in the Account.

2. The interest and income earned on money in the Account from any gift, donation or bequest, after deducting any applicable charges, must be credited to the Account.

3. Money from any gift, donation or bequest that remains in the Account at the end of the 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. 1.4. NRS 442.745 is hereby amended to read as follows:

442.745 1. The State Board of Health shall adopt any regulations necessary to carry out the provisions of NRS 442.710 to 442.745, inclusive. The regulations must establish, without limitation:

(a) The manner in which a local governmental entity or nonprofit organization may apply for a grant pursuant to NRS 442.725; and

(b) A requirement that the recipient of a grant pursuant to NRS 442.725 must submit any information that the State Board of Health determines is necessary for the [Administrator] Director or his or her designee to determine the purposes for which such a grant was used and evaluate the outcomes of services provided using such grants.

2. The regulations adopted pursuant to this section must not require a local governmental entity or nonprofit organization to apply for a grant pursuant to NRS 442.725.

Sec. 2. (Deleted by amendment.)

Sec. 3. This act becomes effective on July 1, 2019.

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ê2019 Statutes of Nevada, Page 1509ê

CHAPTER 267, SB 185

Senate Bill No. 185–Senator Seevers Gansert

CHAPTER 267

[Approved: June 1, 2019]

AN ACT relating to education; revising requirements concerning the submission of fingerprints required to become a volunteer at a school; exempting a volunteer from undergoing a background check in certain circumstances; deeming certain students enrolled at an institution of higher education not to be volunteers in certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law requires each volunteer at a public school, including a charter school, achievement charter school or university school for profoundly gifted pupils, and a private school who will have regular or unsupervised contact with pupils to submit his or her fingerprints to the governing body or administrator of the school or the board of trustees of the school district, as applicable, for the purposes of a criminal background check before beginning his or her service as a volunteer and at least once every 5 years thereafter. (NRS 388A.515, 388B.250, 388C.200, 391.104, 394.155) Sections 1.5, 6.5, 10.5 and 15.5 of this bill specifically define the term “unsupervised contact” for that purpose. Sections 2, 7, 11 and 16 of this bill define the term “volunteer” to mean any person who, without compensation, works at, assists with or oversees any activity or event conducted or sponsored by a charter school during or outside of school hours.

Sections 4, 9, 14 and 18 of this bill remove the requirement that a volunteer who will have regular, supervised contact with pupils receive a background check. Sections 3, 8, 12 and 17 of this bill authorize a volunteer to submit his or her fingerprints to another entity authorized to forward fingerprints to the Central Repository for Nevada Records of Criminal History as an alternative to submitting his or her fingerprints to the governing body, administrator or board of trustees. If a volunteer submits his or her fingerprints to such an authorized entity, the Central Repository would still be required to notify the superintendent of the school district, governing body of the charter school or administrator of the private school, as applicable, if the background check reveals that the volunteer has been convicted of certain crimes. (NRS 179A.075)

The State Board of Education adopted a regulation that allows the governing body of a public school or the board of trustees of a school district to exempt a volunteer from a background check if the volunteer submits sufficient evidence or the entity responsible for conducting the background check otherwise determines that the volunteer: (1) has already undergone a background check for the same purpose within the immediately preceding 6 months and has been determined eligible to interact with pupils; or (2) is employed in a position which required a background check and has been approved to have unsupervised meetings with pupils as part of his or her official duties. Additionally, the regulation deems certain students at an institution of higher education who are taking a course that requires them to be present in a classroom not to be volunteers for purposes of the statutes requiring background checks in certain circumstances. (LCB File No. R016-18, effective October 25, 2018) Section 19 of this bill declares that regulation void and unenforceable, and sections 3, 8 and 12 of this bill require the governing body of a public school or the board of trustees of a school district to exempt a volunteer from a background check if: (1) the volunteer has been determined by a governmental entity to be eligible to interact with pupils as a volunteer or employee; and (2) it is the policy of the entity to conduct a background check of volunteers or employees as applicable, that meets the requirements prescribed by the regulation for an exemption and any additional requirements prescribed by regulation of the State Board.

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check of volunteers or employees as applicable, that meets the requirements prescribed by the regulation for an exemption and any additional requirements prescribed by regulation of the State Board.

Section 13 of this bill requires the Department of Education to compile a list of entities that require a criminal background check for the purpose of employment, licensure or volunteering that the Department determines to be at least as stringent as the background check normally conducted for a volunteer at a public school. Sections 3, 8 and 12 require the governing body of a public school or the board of trustees of a school district to exempt a volunteer from a background check if: (1) the volunteer has been determined eligible for employment or licensure or to serve as a volunteer by an entity included on that list; and (2) it is the policy of the entity to conduct a background check of each employee, licensee or volunteer, as applicable, that meets certain requirements. Sections 3, 8 and 12 additionally authorize the governing body of a public school or the board of trustees of a school district to exempt a volunteer from a background check if the volunteer has been determined eligible for employment or licensure or to serve as a volunteer by an entity that is not a pre-approved entity if the background check is at least as stringent as the background check normally conducted for a volunteer at a public school. Sections 4, 9 and 14 provide that the governing body of a public school or board of trustees of a school district, as applicable, may not be held liable for damages resulting from refusal to accept such a background check.

Section 17 of this bill authorizes the administrator of a private school to exempt a volunteer from a background check if the volunteer has been determined eligible to serve in a position that requires a background check which involves the submission of fingerprints to the Federal Bureau of Investigation. Section 18 of this bill provides that the governing body or administrator of a private school may not be held liable for damages resulting from the administrator’s refusal to accept such a background check.

Sections 2, 7, 11 and 16 of this bill deem certain students enrolled at an institution of higher education who are taking a course that requires them to be present in a classroom not to be volunteers for purposes of the statutes requiring background checks in the same circumstances as those prescribed by the regulation adopted by the State Board.

Section 5 of this bill makes the new provisions of this bill applicable to volunteers at achievement charter 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 388A of NRS is hereby amended by adding thereto the provisions set forth as sections 1.2 to 3, inclusive, of this act.

Sec. 1.2. As used in NRS 388A.515 and sections 1.2 to 3, inclusive, of this act, the words and terms defined in sections 1.5 and 2 of this act have the meanings ascribed to them in those sections.

Sec. 1.5. 1. “Unsupervised contact” means direct contact or interaction with one or more pupils who are not under the direct supervision of an employee of a charter school or other person designated by a charter school as the person responsible for pupils.

2. For the purposes of this section:

(a) A pupil is under the direct supervision of an employee of a charter school or other person designated by a charter school as the person responsible for the pupil if the employee or other person:

(1) If indoors, is present in the same room as the pupil or has visual contact with the pupil.

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(2) If outdoors, is within 30 yards of the pupil or has visual contact with the pupil.

(b) A person shall not be deemed to have unsupervised contact with pupils if he or she has the potential for only incidental unsupervised contact with pupils in commonly used areas on the grounds of a charter school.

Sec. 2. “Volunteer” means any person who, without compensation, works at, assists with or oversees any activity or event conducted or sponsored by a charter school during or outside of school hours. The term:

1. Includes, without limitation, a coach, assistant coach, director of in-school or extracurricular activities and chaperone of any overnight trip.

2. Does not include a student who is enrolled at an institution of higher education and is:

(a) Taking a course which requires the student to be present in the classroom of the charter school on a limited basis to observe and to be observed in the classroom; and

(b) Under direct supervision of a teacher or his or her professor at all times while in the classroom.

Sec. 3. 1. A volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the governing body of a charter school pursuant to NRS 388A.515 if the volunteer submits to the governing body a completed verification form prescribed by the Department, a statement from an entity described in this subsection that is acceptable to the governing body or other sufficient evidence, or the governing body otherwise determines, that:

(a) Not more than 6 months before the date on which the volunteer is required by NRS 388A.515 to submit his or her fingerprints, a federal, state or local governmental entity or nonprofit entity determined the volunteer to be eligible to interact with pupils at school as a volunteer; and

(b) It is the policy of the entity to conduct an investigation into the criminal background of a volunteer who will interact with pupils at school and that investigation:

(1) Includes the submission of fingerprints to the Federal Bureau of Investigation; and

(2) Meets any other requirements prescribed by regulation of the State Board.

2. In addition to the exception described in subsection 1, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the governing body of a charter school pursuant to NRS 388A.515 if the volunteer submits to the governing body a completed verification form prescribed by the Department, a statement from an entity described in this subsection that is acceptable to the governing body or other sufficient evidence, or the governing body otherwise determines that:

(a) The volunteer is employed by a federal, state or local governmental entity which has determined that the person is eligible to have unrestricted interaction with pupils as part of his or her official duties, which may include an unsupervised meeting with a pupil at a school; and

(b) It is the policy of the entity to conduct an investigation into the criminal background of an employee who will have unrestricted interaction with pupils as part of his or her official duties and that investigation:

(1) Includes the submission of fingerprints to the Federal Bureau of Investigation; and

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(2) Meets any other requirements prescribed by regulation of the State Board.

3. In addition to the exceptions described in subsections 1 and 2, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the governing body of a charter school pursuant to NRS 388A.515 if the volunteer submits to the governing body a completed form prescribed by the Department, a statement from an entity described in this subsection that is acceptable to the governing body or other sufficient evidence, or the governing body otherwise determines that:

(a) Not more than 6 months before the date on which the volunteer is required by NRS 388A.515 to submit his or her fingerprints, an entity included on the list of entities compiled by the Department pursuant to section 13 of this act determined the volunteer to be eligible for employment or licensure or to serve as a volunteer; and

(b) It is the policy of the entity to conduct an investigation into the criminal background of an employee, licensee or volunteer, as applicable, and that investigation:

(1) Includes the submission of fingerprints to the Federal Bureau of Investigation; and

(2) Meets any other requirements prescribed by regulation of the State Board.

4. In addition to the exceptions described in subsections 1, 2 and 3, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the governing body of a charter school pursuant to NRS 388A.515 if:

(a) The volunteer submits to the governing body a completed verification form prescribed by the Department, a statement from an entity described in this subsection that is acceptable to the governing body or other sufficient evidence, or the governing body otherwise determines, that:

(1) Not more than 6 months before the date on which the volunteer is required by NRS 388A.515 to submit his or her fingerprints, an entity that is not included on the list of entities compiled by the Department pursuant to section 13 of this act determined the volunteer to be eligible for employment or licensure or to serve as a volunteer; and

(2) It is the policy of the entity to conduct an investigation into the criminal background of an employee, licensee or volunteer, as applicable, and that investigation:

(I) Includes the submission of fingerprints to the Federal Bureau of Investigation; and

(II) Meets any other requirements prescribed by regulation of the State Board;

(b) The governing body determines that the investigation described in paragraph (a) is at least as stringent as an investigation into the criminal background of a volunteer conducted pursuant to NRS 388A.515; and

(c) The governing body accepts the investigation. A governing body may, in its discretion, accept or reject an investigation described in this subsection for any reason.

5. In addition to the exceptions described in subsections 1 to 4, inclusive, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the governing body of a charter school pursuant to NRS 388A.515 if the volunteer submits to another entity authorized to forward fingerprints to the Central Repository for Nevada Records of Criminal History a complete set of the volunteer’s fingerprints and written permission authorizing the entity to forward the fingerprints to the Central Repository for its report on the criminal history of the volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the volunteer.

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ê2019 Statutes of Nevada, Page 1513 (CHAPTER 267, SB 185)ê

for Nevada Records of Criminal History a complete set of the volunteer’s fingerprints and written permission authorizing the entity to forward the fingerprints to the Central Repository for its report on the criminal history of the volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the volunteer.

Sec. 4. NRS 388A.515 is hereby amended to read as follows:

388A.515 1. Each applicant for employment with and employee at a charter school, except a licensed teacher or other person licensed by the Superintendent of Public Instruction, and , except as otherwise provided in section 3 of this act, each volunteer at a charter school who is likely to have unsupervised [or regular] contact with pupils, must, before beginning his or her employment or service as a volunteer and at least once every 5 years thereafter, submit to the governing body of the charter school:

(a) A complete set of the applicant’s, employee’s or volunteer’s fingerprints and written permission authorizing the governing body to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant, or employee or volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant, employee or volunteer; and

(b) Written authorization for the governing body to obtain any information concerning the applicant, employee or volunteer that may be available from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100 and any equivalent registry maintained by a governmental entity in a jurisdiction in which the applicant, employee or volunteer has resided within the immediately preceding 5 years.

2. In conducting an investigation into the background of an applicant, employee or volunteer, the governing body of a charter school may cooperate with any appropriate law enforcement agency to obtain information relating to the background of the applicant, employee or volunteer, including, without limitation, any record of warrants for the arrest of or applications for protective orders against the applicant, employee or volunteer.

3. If the information obtained by the governing body pursuant to subsection 1 or 2 or subsection 5 of section 3 of this act indicates that the applicant, employee or volunteer has not been convicted of a crime listed in NRS 388A.5342, the governing body of the charter school may employ the applicant or employee or accept the volunteer, as applicable.

4. If the information obtained by the governing body pursuant to subsection 1 or 2 or subsection 5 of section 3 of this act indicates that the applicant, employee or volunteer has been convicted of a crime listed in NRS 388A.5342, and the governing body of the charter school does not disqualify the applicant or employee from employment or the volunteer from serving as a volunteer on the basis of that information, the governing body shall, upon the written authorization of the applicant, employee or volunteer, forward a copy of the information to the Superintendent of Public Instruction. If the applicant, employee or volunteer refuses to provide his or her written authorization to forward a copy of the information pursuant to this subsection, the charter school shall not employ the applicant or employee or accept the volunteer, as applicable.

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ê2019 Statutes of Nevada, Page 1514 (CHAPTER 267, SB 185)ê

5. Not later than 15 days after receiving the information obtained by the governing body pursuant to subsection 1 or 2 [,] or subsection 5 of section 3 of this act, the Superintendent of Public Instruction or the Superintendent’s designee shall review the information to determine whether the conviction of the applicant, employee or volunteer is related or unrelated to the position with the charter school for which the applicant has applied or in which the employee is employed or the volunteer wishes to serve. The applicant, employee or volunteer shall, upon the request of the Superintendent of Public Instruction or the Superintendent’s designee, provide any further information that the Superintendent or the designee determines is necessary to make the determination. If the governing body of the charter school desires to employ the applicant or employee or accept the volunteer, the governing body shall, upon the request of the Superintendent of Public Instruction or the Superintendent’s designee, provide any further information that the Superintendent or the designee determines is necessary to make the determination. The Superintendent of Public Instruction or the Superintendent’s designee shall provide written notice of the determination to the applicant, employee or volunteer and to the governing body of the charter school.

6. If the Superintendent of Public Instruction or the Superintendent’s designee determines that the conviction of the applicant, employee or volunteer is related to the position with the charter school for which the applicant has applied or in which the employee is employed or the volunteer wishes to serve, the governing body of the charter school shall not employ the applicant or employee or accept the volunteer, as applicable. If the Superintendent of Public Instruction or the Superintendent’s designee determines that the conviction of the applicant, employee or volunteer is unrelated to the position with the charter school for which the applicant has applied or in which the employee is employed or the volunteer wishes to serve, the governing body of the charter school may employ the applicant or employee for that position or accept the volunteer, as applicable.

7. The governing body of a charter school may use a substantiated report of the abuse or neglect of a child, as defined in NRS 392.281, or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 obtained from the Statewide Central Registry or an equivalent registry maintained by a governmental agency in another jurisdiction:

(a) In making determinations concerning assignments, requiring retraining, imposing discipline, hiring, accepting a volunteer or termination; and

(b) In any proceedings to which the report is relevant, including, without limitation, an action for trespass or a restraining order.

8. The governing body of a charter school:

(a) May accept gifts, grants and donations to carry out the provisions of this section [.] and section 3 of this act.

(b) May not be held liable for damages resulting from any action of the governing body authorized by subsection 2 or 7 [.] or section 3 of this act.

Sec. 5. NRS 388B.250 is hereby amended to read as follows:

388B.250 1. Except as otherwise provided in this section, the provisions of chapter 388A of NRS are not applicable to an achievement charter school.

2. The provisions of NRS 388A.090, 388A.095, 388A.100, 388A.171, 388A.226, 388A.345, 388A.348, 388A.351, 388A.363, 388A.366, 388A.369, 388A.384, 388A.408 to 388A.420, inclusive, 388A.478 to 388A.527, inclusive, and sections 2 and 3 of this act, 388A.547 and 388A.550 to 388A.695, inclusive, apply to an achievement charter school.

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ê2019 Statutes of Nevada, Page 1515 (CHAPTER 267, SB 185)ê

388A.369, 388A.384, 388A.408 to 388A.420, inclusive, 388A.478 to 388A.527, inclusive, and sections 2 and 3 of this act, 388A.547 and 388A.550 to 388A.695, inclusive, apply to an achievement charter school.

3. The governing body of an achievement charter school may submit a written request to the Superintendent of Public Instruction for a waiver from the requirements of paragraphs (f) to (k), inclusive, of subsection 1 of NRS 388A.366 or subsection 2 of that section or, except with regard to a program supported with Title I money, NRS 388A.518, 388A.521 or 388A.524. The Executive Director may grant such a request if the governing body demonstrates to the satisfaction of the Superintendent of Public Instruction that circumstances justify the waiver and that granting the waiver is in the best interest of the pupils enrolled in the achievement charter school.

Sec. 6. Chapter 388C of NRS is hereby amended by adding thereto the provisions set forth as sections 6.2 to 8, inclusive, of this act.

Sec. 6.2. As used in NRS 388C.200 and sections 6.2 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 6.5 and 7 of this act have the meanings ascribed to them in those sections.

Sec. 6.5. 1. “Unsupervised contact” means direct contact or interaction with one or more pupils who are not under the direct supervision of an employee of a university school for profoundly gifted pupils or other person designated by a university school for profoundly gifted pupils as the person responsible for pupils.

2. For the purposes of this section:

(a) A pupil is under the direct supervision of an employee of a university school for profoundly gifted pupils or other person designated by a university school for profoundly gifted pupils as the person responsible for the pupil if the employee or other person:

(1) If indoors, is present in the same room as the pupil or has visual contact with the pupil.

(2) If outdoors, is within 30 yards of the pupil or has visual contact with the pupil.

Sec. 7. “Volunteer” means any person who, without compensation, works at, assists with or oversees any activity or event conducted or sponsored by a university school for profoundly gifted pupils during or outside of school hours. The term:

1. Includes, without limitation, a coach, assistant coach, director of in-school or extracurricular activities and chaperone of an overnight trip.

2. Does not include a student who is enrolled at an institution of higher education and is:

(a) Taking a course which requires the student to be present in the classroom of the university school for profoundly gifted pupils on a limited basis to observe and to be observed in the classroom; and

(b) Under direct supervision of a teacher or his or her professor at all times while in the classroom.

Sec. 8. 1. A volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the governing body of a university school for profoundly gifted pupils pursuant to NRS 388C.200 if the volunteer submits to the governing body a completed verification form prescribed by the Department, a statement from an entity described in this subsection that is acceptable to the governing body or other sufficient evidence, or the governing body otherwise determines, that:

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ê2019 Statutes of Nevada, Page 1516 (CHAPTER 267, SB 185)ê

the volunteer submits to the governing body a completed verification form prescribed by the Department, a statement from an entity described in this subsection that is acceptable to the governing body or other sufficient evidence, or the governing body otherwise determines, that:

(a) Not more than 6 months before the date on which the volunteer is required by NRS 388C.200 to submit his or her fingerprints, a federal, state or local governmental entity or nonprofit entity determined the volunteer to be eligible to interact with pupils at school as a volunteer; and

(b) It is the policy of the entity to conduct an investigation into the criminal background of a volunteer who will interact with pupils at school and that investigation:

(1) Includes the submission of fingerprints to the Federal Bureau of Investigation; and

(2) Meets any other requirements prescribed by regulation of the State Board.

2. In addition to the exception described in subsection 1, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the governing body of a university school for profoundly gifted pupils pursuant to NRS 388C.200 if the volunteer submits to the governing body a completed verification form prescribed by the Department, a statement from an entity described in this subsection that is acceptable to the governing body or other sufficient evidence, or the governing body otherwise determines that:

(1) Includes the submission of fingerprints to the Federal Bureau of Investigation; and

(2) Meets any other requirements prescribed by regulation of the State Board.

3. In addition to the exceptions described in subsections 1 and 2, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the governing body of a university school for profoundly gifted pupils pursuant to NRS 388C.200 if the volunteer submits to the governing body a completed form prescribed by the Department, a statement from an entity described in this subsection that is acceptable to the governing body or other sufficient evidence, or the governing body otherwise determines that:

(a) Not more than 6 months before the date on which the volunteer is required by NRS 388C.200 to submit his or her fingerprints, an entity included on the list of entities compiled by the Department pursuant to section 13 of this act determined the volunteer to be eligible for employment or licensure or to serve as a volunteer; and

(b) It is the policy of the entity to conduct an investigation into the criminal background of an employee, licensee or volunteer, as applicable, and that investigation:

(1) Included the submission of fingerprints to the Federal Bureau of Investigation; and

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ê2019 Statutes of Nevada, Page 1517 (CHAPTER 267, SB 185)ê

(2) Meets any other requirements prescribed by regulation of the State Board.

(1) Not more than 6 months before the date on which the volunteer is required by NRS 388C.200 to submit his or her fingerprints, an entity that is not included on the list of entities compiled by the Department pursuant to section 13 of this act determined the volunteer to be eligible for employment or licensure or to serve as a volunteer; and

(2) It is the policy of the entity to conduct an investigation into the criminal background of an employee, licensee or volunteer, as applicable, and that investigation:

(I) Included the submission of fingerprints to the Federal Bureau of Investigation; and

(II) Meets any other requirements prescribed by regulation of the State Board;

(c) The governing body accepts the investigation. A governing body may, in its discretion, accept or reject an investigation described in this subsection for any reason.

5. In addition to the exceptions described in subsections 1 to 4, inclusive, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the governing body of a university school for profoundly gifted pupils pursuant to NRS 388C.200 if the volunteer submits to another entity authorized to forward fingerprints to the Central Repository for Nevada Records of Criminal History a complete set of the volunteer’s fingerprints and written permission authorizing the entity to forward the fingerprints to the Central Repository for its report on the criminal history of the volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the volunteer.

Sec. 9. NRS 388C.200 is hereby amended to read as follows:

388C.200 1. [Each] Except as otherwise provided in section 8 of this act, each applicant for employment with and employee at a university school for profoundly gifted pupils, except a licensed teacher or other person licensed by the Superintendent of Public Instruction, and each volunteer at a university school for profoundly gifted pupils who is likely to have [regular or] unsupervised contact with pupils, must, before beginning his or her employment or service as a volunteer and at least once every 5 years thereafter, submit to the governing body of the university school:

(a) A complete set of his or her fingerprints and written permission authorizing the governing body to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant, employee or volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant, employee or volunteer; and

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ê2019 Statutes of Nevada, Page 1518 (CHAPTER 267, SB 185)ê

to the Federal Bureau of Investigation for its report on the criminal history of the applicant, employee or volunteer; and

2. In conducting an investigation into the background of an applicant, employee or volunteer, the governing body of a university school for profoundly gifted pupils may cooperate with any appropriate law enforcement agency to obtain information relating to the background of the applicant, employee or volunteer, including, without limitation, any record of warrants for the arrest of or applications for protective orders against the applicant, employee or volunteer.

3. If the information obtained by the governing body pursuant to subsection 1 or 2 or subsection 5 of section 8 of this act indicates that the applicant, employee or volunteer has not been convicted of a felony or an offense involving moral turpitude, the governing body of the university school for profoundly gifted pupils may employ the applicant or employee or accept the volunteer, as applicable.

4. If the information obtained by the governing body pursuant to subsection 1 or 2 or subsection 5 of section 8 of this act indicates that the applicant, employee or volunteer has been convicted of a felony or an offense involving moral turpitude and the governing body of the university school for profoundly gifted pupils does not disqualify the applicant or employee from employment or the volunteer from serving as a volunteer on the basis of that report, the governing body shall, upon the written authorization of the applicant, employee or volunteer forward a copy of the information to the Superintendent of Public Instruction. If the applicant, employee or volunteer refuses to provide his or her written authorization to forward a copy of the report pursuant to this subsection, the university school shall not employ the applicant or employee or accept the volunteer, as applicable.

5. The Superintendent of Public Instruction or the Superintendent’s designee shall promptly review the information to determine whether the conviction of the applicant, employee or volunteer is related or unrelated to the position with the university school for profoundly gifted pupils for which the applicant has applied or in which the employee is employed or the volunteer wishes to serve. The applicant, employee or volunteer shall, upon the request of the Superintendent of Public Instruction or the Superintendent’s designee, provide any further information that the Superintendent or the designee determines is necessary to make the determination. If the governing body of the university school desires to employ the applicant or employee or accept the volunteer, the governing body shall, upon the request of the Superintendent of Public Instruction or the Superintendent’s designee, provide any further information that the Superintendent or the designee determines is necessary to make the determination. The Superintendent of Public Instruction or the Superintendent’s designee shall provide written notice of the determination to the applicant, employee or volunteer and to the governing body of the university school.

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ê2019 Statutes of Nevada, Page 1519 (CHAPTER 267, SB 185)ê

6. If the Superintendent of Public Instruction or the Superintendent’s designee determines that the conviction of the applicant, employee or volunteer is related to the position with the university school for profoundly gifted pupils for which the applicant has applied or in which the employee is employed or the volunteer wishes to serve, the governing body of the university school shall not employ the applicant or employee or accept the volunteer, as applicable. If the Superintendent of Public Instruction or the Superintendent’s designee determines that the conviction of the applicant, employee or volunteer is unrelated to the position with the university school for which the applicant has applied or in which the employee is employed or the volunteer wishes to serve, the governing body of the university school may employ the applicant or employee for that position or accept the volunteer, as applicable.

7. The governing body of a university school for profoundly gifted pupils may use a substantiated report of the abuse or neglect of a child, as defined in NRS 392.281, or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 obtained from the Statewide Central Registry or an equivalent registry maintained by a governmental agency in another jurisdiction:

(a) In making determinations concerning assignments, requiring retraining, imposing discipline, hiring, accepting a volunteer or termination; and

(b) In any proceedings to which the report is relevant, including, without limitation, an action for trespass or a restraining order.

8. The governing body of a university school for profoundly gifted pupils:

(a) May accept any gifts, grants and donations to carry out the provisions of this section [.] and section 8 of this act.

(b) May not be held liable for damages resulting from any action of the governing body authorized by subsection 2 or 7 [.] or section 8 of this act.

Sec. 10. Chapter 391 of NRS is hereby amended by adding thereto the provisions set forth as sections 10.2 to 13, inclusive, of this act.

Sec. 10.2. As used in NRS 391.104 and sections 10.2 to 13, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 10.5 and 11 of this act have the meanings ascribed to them in those sections.

Sec. 10.5. 1. “Unsupervised contact” means direct contact or interaction with one or more pupils who are not under the direct supervision of an employee of a school district or other person designated by a public school as the person responsible for pupils.

2. For the purposes of this section:

(a) A pupil is under the direct supervision of an employee of a school district or other person designated by a public school as the person responsible for the pupil if the employee or other person:

(1) If indoors, is present in the same room as the pupil or has visual contact with the pupil.

(2) If outdoors, is within 30 yards of the pupil or has visual contact with the pupil.

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ê2019 Statutes of Nevada, Page 1520 (CHAPTER 267, SB 185)ê

Sec. 11. “Volunteer” means any person who, without compensation, works at, assists with or oversees any activity or event conducted or sponsored by a public school during or outside of school hours. The term:

1. Includes, without limitation, a coach, assistant coach, director of in-school or extracurricular activities and chaperone of an overnight trip.

2. Does not include a student who is enrolled at an institution of higher education and is:

(a) Taking a course which requires the student to be present in the classroom of the public school on a limited basis to observe and to be observed in the classroom; and

(b) Under direct supervision of a teacher or his or her professor at all times while in the classroom.

Sec. 12. 1. A volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the board of trustees of a school district pursuant to NRS 391.104 if the volunteer submits to the board of trustees a completed verification form prescribed by the Department, a statement from an entity described in this subsection that is acceptable to the board of trustees or other sufficient evidence, or the board of trustees otherwise determines, that:

(a) Not more than 6 months before the date on which the volunteer is required by NRS 391.104 to submit his or her fingerprints, a federal, state or local governmental entity or nonprofit entity determined the volunteer to be eligible to interact with pupils at school as a volunteer; and

(b) It is the policy of the entity to conduct an investigation into the criminal background of a volunteer who will interact with pupils at school and that investigation:

(1) Includes the submission of fingerprints to the Federal Bureau of Investigation; and

(2) Meets any other requirements prescribed by regulation of the State Board.

2. In addition to the exception described in subsection 1, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the board of trustees of a school district pursuant to NRS 391.104 if the volunteer submits to the board of trustees a completed verification form prescribed by the Department, a statement from an entity described in this subsection that is acceptable to the board of trustees or other sufficient evidence, or the board of trustees otherwise determines that:

(1) Includes the submission of fingerprints to the Federal Bureau of Investigation; and

(2) Meets any other requirements prescribed by regulation of the State Board.

3. In addition to the exceptions described in subsections 1 and 2, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the board of trustees of a school district pursuant to NRS 391.104 if the volunteer submits to the board of trustees a completed form prescribed by the Department, a statement from an entity described in this subsection that is acceptable to the board of trustees or other sufficient evidence, or the board of trustees otherwise determines that:

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ê2019 Statutes of Nevada, Page 1521 (CHAPTER 267, SB 185)ê

pursuant to NRS 391.104 if the volunteer submits to the board of trustees a completed form prescribed by the Department, a statement from an entity described in this subsection that is acceptable to the board of trustees or other sufficient evidence, or the board of trustees otherwise determines that:

(a) Not more than 6 months before the date on which the volunteer is required by NRS 391.104 to submit his or her fingerprints, an entity included on the list of entities compiled by the Department pursuant to section 13 of this act determined the volunteer to be eligible for employment or licensure or to serve as a volunteer; and

(b) It is the policy of the entity to conduct an investigation into the criminal background of an employee, licensee or volunteer, as applicable, and that investigation:

(1) Included the submission of fingerprints to the Federal Bureau of Investigation; and

(2) Meets any other requirements prescribed by regulation of the State Board.

4. In addition to the exceptions described in subsections 1, 2 and 3, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the board of trustees of a school district pursuant to NRS 391.104 if:

(a) The volunteer submits to the board of trustees a completed verification form prescribed by the Department, a statement from an entity described in this subsection that is acceptable to the board of trustees or other sufficient evidence, or the board of trustees otherwise determines, that:

(1) Not more than 6 months before the date on which the volunteer is required by NRS 391.104 to submit his or her fingerprints, an entity that is not included on the list of entities compiled by the Department pursuant to section 13 of this act determined the volunteer to be eligible for employment or licensure or to serve as a volunteer; and

(2) It is the policy of the entity to conduct an investigation into the criminal background of an employee, licensee or volunteer, as applicable, and that investigation:

(I) Included the submission of fingerprints to the Federal Bureau of Investigation; and

(II) Meets any other requirements prescribed by regulation of the State Board;

(b) The board of trustees determines that the investigation described in paragraph (a) is at least as stringent as an investigation into the criminal background of a volunteer conducted pursuant to NRS 391.104; and

(c) The board of trustees accepts the investigation. The board of trustees of a school district may, in its discretion, accept or reject an investigation described in this subsection for any reason.

5. In addition to the exceptions described in subsections 1 to 4, inclusive, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the board of trustees of a school district pursuant to NRS 391.104 if the volunteer submits to another entity authorized to forward fingerprints to the Central Repository for Nevada Records of Criminal History a complete set of the volunteer’s fingerprints and written permission authorizing the entity to forward the fingerprints to the Central Repository for its report on the criminal history of the volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the volunteer.

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ê2019 Statutes of Nevada, Page 1522 (CHAPTER 267, SB 185)ê

of the volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the volunteer.

Sec. 13. The Department shall compile a list of entities for which it approves a school to allow a volunteer of the entity to be a volunteer for the school without submitting fingerprints or an investigation into his or her criminal background. The Department shall:

1. Include on the list any entity that:

(a) Requires an investigation into the criminal background of a person for the purpose of employment, licensure or volunteering that the Department determines to be at least as stringent as an investigation into the criminal background of a volunteer conducted pursuant to NRS 388A.515, 388C.200 or 391.104; and

(b) Meets any other requirements prescribed by regulation of the Department; and

2. Remove from the list any entity that the Department determines no longer meets the requirements of subsection 1.

Sec. 14. NRS 391.104 is hereby amended to read as follows:

391.104 1. [Each] Except as otherwise provided in section 12 of this act, each applicant for employment pursuant to NRS 391.100 or employee, except a teacher or other person licensed by the Superintendent of Public Instruction, or volunteer who is likely to have unsupervised [or regular] contact with pupils, must, before beginning his or her employment or service as a volunteer and at least once every 5 years thereafter, submit to the school district:

(a) A full set of the applicant’s, employee’s or volunteer’s fingerprints and written permission authorizing the school district to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant, employee or volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant, employee or volunteer; and

(b) Written authorization for the board of trustees of the school district to obtain any information concerning the applicant, employee or volunteer that may be available from the Statewide Central Registry and any equivalent registry maintained by a governmental entity in a jurisdiction in which the applicant, employee or volunteer has resided within the immediately preceding 5 years.

2. In conducting an investigation into the background of an applicant, employee or volunteer, a school district may cooperate with any appropriate law enforcement agency to obtain information relating to the criminal history of the applicant, employee or volunteer, including, without limitation, any record of warrants for the arrest of or applications for protective orders against the applicant, employee or volunteer.

3. The board of trustees of a school district may use a substantiated report of the abuse or neglect of a child, as defined in NRS 392.281, or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 obtained from the Statewide Central Registry or an equivalent registry maintained by a governmental agency in another jurisdiction:

(a) When making determinations concerning assignments, requiring retraining, imposing discipline, hiring, accepting a volunteer or termination; and

(b) In any proceedings to which the report is relevant, including, without limitation, an action for trespass or a restraining order.

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ê2019 Statutes of Nevada, Page 1523 (CHAPTER 267, SB 185)ê

4. Except as otherwise provided in subsection 5, the board of trustees of a school district shall not require a licensed teacher or other person licensed by the Superintendent of Public Instruction pursuant to NRS 391.033 who has taken a leave of absence from employment authorized by the school district, including, without limitation:

(a) Sick leave;

(b) Sabbatical leave;

(d) Leave for attendance at a regular or special session of the Legislature of this State if the employee is a member thereof;

(e) Maternity leave; and

(f) Leave permitted by the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq.,

Ê to submit a set of his or her fingerprints as a condition of return to or continued employment with the school district if the employee is in good standing when the employee began the leave.

5. A board of trustees of a school district may ask the Superintendent of Public Instruction to require a person licensed by the Superintendent of Public Instruction pursuant to NRS 391.033 who has taken a leave of absence from employment authorized by the school district to submit a set of his or her fingerprints as a condition of return to or continued employment with the school district if the board of trustees has probable cause to believe that the person has committed a felony or an offense involving moral turpitude during the period of his or her leave of absence.

6. The board of trustees of a school district:

(a) May accept any gifts, grants and donations to carry out the provisions of subsections 1 and 2 [.] and section 12 of this act.

(b) May not be held liable for damages resulting from any action of the board of trustees authorized by subsection 2 or 3 [.] or section 12 of this act.

Sec. 15. Chapter 394 of NRS is hereby amended by adding thereto the provisions set forth as sections 15.2 to 17, inclusive, of this act.

Sec. 15.2. As used in NRS 391.104 and sections 15.5 to 17, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 15.5 and 16 of this act have the meanings ascribed to them in those sections.

Sec. 15.5. 1. “Unsupervised contact” means direct contact or interaction with one or more pupils who are not under the direct supervision of an employee of a private school or other person designated by a private school as the person responsible for pupils.

2. For the purposes of this section:

(a) A pupil is under the direct supervision of an employee of a private school or other person designated by a public school as the person responsible for the pupil if the employee or other person:

(1) If indoors, is present in the same room as the pupil or has visual contact with the pupil.

(2) If outdoors, is within 30 yards of the pupil or has visual contact with the pupil.

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ê2019 Statutes of Nevada, Page 1524 (CHAPTER 267, SB 185)ê

Sec. 16. “Volunteer” means any person who, without compensation, works at, assists with or oversees any activity or event conducted or sponsored by a private school during or outside of school hours. The term:

1. Includes, without limitation, a coach, assistant coach, director of in-school or extracurricular activities and chaperone of an overnight trip.

2. Does not include a student who is enrolled at an institution of higher education and is:

(a) Taking a course which requires the student to be present in the classroom of the private school on a limited basis to observe and to be observed in the classroom; and

(b) Under direct supervision of a teacher or his or her professor at all times while in the classroom.

Sec. 17. 1. A volunteer at a private school who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the administrator of the private school pursuant to NRS 394.155 if:

(a) The volunteer submits a statement from an entity described in this subsection that is acceptable to the administrator or other sufficient evidence to the administrator of the private school or the administrator otherwise determines that, within a time period deemed acceptable by the administrator, another entity determined the volunteer to be eligible for employment or licensure or to serve as a volunteer;

(b) It is the policy of the entity to conduct an investigation into the criminal background of an employee, licensee or volunteer, as applicable, and that investigation includes the submission of fingerprints to the Federal Bureau of Investigation; and

(c) The administrator accepts the investigation. An administrator may, in his or her discretion, accept or reject an investigation described in this section for any reason.

2. In addition to the exceptions described in subsection 1, a volunteer at a private school who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the administrator of the private school pursuant to NRS 394.155 if the volunteer submits to another entity authorized to forward fingerprints to the Central Repository for Nevada Records of Criminal History a complete set of the volunteer’s fingerprints and written permission authorizing the entity to forward the fingerprints to the Central Repository for its report on the criminal history of the volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the volunteer.

Sec. 18. NRS 394.155 is hereby amended to read as follows:

394.155 1. [Each] Except as otherwise provided in section 17 of this act, each applicant for employment with or employee at a private school, except a licensed teacher or other person licensed by the Superintendent of Public Instruction, or volunteer at a private school who is likely to have unsupervised [or regular] contact with pupils, must, before beginning his or her employment or service as a volunteer and at least once every 5 years thereafter, submit to the administrator of the private school:

(a) A complete set of the applicant’s, employee’s or volunteer’s fingerprints and written permission authorizing the administrator to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant, employee or volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant, employee or volunteer; and

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ê2019 Statutes of Nevada, Page 1525 (CHAPTER 267, SB 185)ê

(b) Written authorization for the administrator to obtain any information concerning the applicant, employee or volunteer that may be available from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100 and any equivalent registry maintained by a governmental entity in a jurisdiction in which the applicant, employee or volunteer has resided within the immediately preceding 5 years.

2. The administrator of the private school shall:

(a) Submit the fingerprints of the applicant to the Central Repository for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the administrator deems necessary; and

(b) Request any information that may be available from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100 and any equivalent registry maintained by a governmental entity in a jurisdiction in which the applicant, employee or volunteer has resided within the immediately preceding 5 years.

3. In conducting an investigation into the criminal history of an applicant, employee or volunteer, the administrator of a private school may cooperate with any appropriate law enforcement agency to obtain information relating to the criminal history of the applicant, employee or volunteer, including, without limitation, any record of warrants or applications for protective orders.

4. The administrator or governing body of a private school may use a substantiated report of the abuse or neglect of a child, as defined in NRS 392.281, or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 obtained from the Statewide Central Registry or an equivalent registry maintained by a governmental agency in another jurisdiction:

(a) In making determinations concerning assignments, requiring retraining, imposing discipline, hiring, accepting a volunteer or termination; and

(b) In any proceedings to which the report is relevant, including, without limitation, an action for trespass or a restraining order.

5. The administrator or governing body of a private school may not be held liable for damages resulting from taking any action authorized by subsection 3 or 4 [.] or section 17 of this act.

Sec. 19. 1. The regulation adopted by the State Board of Education, LCB File No. R016-18, is hereby declared to be void and unenforceable on the effective date of this act. In preparing supplements to the Nevada Administrative Code on or after the effective date of this act, the Legislative Counsel shall remove that regulation.

2. Any person authorized to serve as a volunteer at a public school, including, without limitation, a charter school or university school for profoundly gifted pupils, or a private school under the provisions of the regulation adopted by the State Board of Education, LCB File No. R016-18, shall be deemed to have been authorized to serve in that capacity under the provisions of this act.

Sec. 20. This act becomes effective upon passage and approval.

________

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ê2019 Statutes of Nevada, Page 1526ê

CHAPTER 268, SB 407

Senate Bill No. 407–Senators Brooks and Ratti

CHAPTER 268

[Approved: June 1, 2019]

AN ACT relating to professions; revising provisions governing public land survey corners; revising provisions governing professional engineers and professional land surveyors; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law governs the practice of professional engineering and the practice of land surveying. (Chapter 625 of NRS) Existing law authorizes the State Board of Professional Engineers and Land Surveyors to waive the educational requirements for licensure and issue a license as a professional engineer or professional land surveyor under certain circumstances to applicants who took the examination for licensure before August 1, 2014. (NRS 625.203, 625.285) Section 11 of this bill eliminates that obsolete authority and sections 1 and 2 of this bill make conforming changes. Existing law specifies educational or experience requirements for eligibility for certification of an applicant as a land surveyor intern or as an engineer intern. (NRS 625.386) Section 3 of this bill eliminates the experience requirements, thereby making an applicant eligible for certification only if the applicant meets the educational requirements.

With certain exceptions, under existing law: (1) a firm, partnership, corporation or other person engaged in or offering to engage in the practice of engineering or land surveying is required to employ on a full-time basis at least one professional engineer or professional land surveyor, as applicable, at each place of business where the engineering or land surveying work is or will be performed; and (2) all engineering or land-surveying work done at such a place of business must be performed under the professional engineer or land surveyor who has been placed in responsible charge of the work and is employed full-time at that place of business. (NRS 625.407) Section 4 of this bill eliminates the requirement that an engineering or land surveying business employ a professional engineer or land surveyor, as applicable, at each of its places of business and instead only requires that the business employ at least one such applicable professional for the entire business. As a result of this change, section 4 also eliminates the requirement that the work at each place of business of such a business be performed under a professional engineer or land surveyor that is employed at that place of business, thereby allowing for such supervision of work to occur remotely.

Existing law authorizes the Board to take various types of disciplinary actions against a licensee who violates the provisions governing the practice of professional engineering or land surveying, as applicable. (NRS 625.460) In addition, if any person is engaging in or about to engage in any act or practice that violates those provisions, the Board is authorized under existing law to apply to a district court for the issuance of an injunction or restraining order against that person. Sections 6 and 7 of this bill authorize the Board to issue an order to cease and desist against a licensee as disciplinary action or against a firm, corporation, partnership or other person who is engaging in or about to engage in violations of the provisions governing the practice of professional engineering or land surveying.

Under existing law, the Board is authorized to adopt regulations defining the scope of each discipline of professional engineering for which licensure is required. (NRS 625.175; NAC 625.220) With certain exceptions, existing law makes it unlawful for a person who is not properly licensed or who is not exempt from the licensing requirements to use the term “engineer,” “engineering” or “engineered,” or any combination thereof, as a professional representation or means of advantage without disclosing that the person is not qualified, registered or licensed to practice professional engineering in Nevada.

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ê2019 Statutes of Nevada, Page 1527 (CHAPTER 268, SB 407)ê

without disclosing that the person is not qualified, registered or licensed to practice professional engineering in Nevada. (NRS 625.520) Section 7 of this bill makes the use of those terms unlawful by the unlicensed person only when used in connection with a specific discipline of engineering.

Under existing law, it is the declared policy of the State to protect and perpetuate public land survey corners, which are used for legal descriptions of land. (NRS 329.020) Additionally, with certain exceptions, existing law requires a surveyor to record a public land survey corner. (NRS 329.140-329.190) Section 8 of this bill expands the policy declaration to other types of corners. Sections 9 and 10 of this bill make conforming changes. Section 9 of this bill also places certain restrictions on the use of a record of such corners.

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 625.183 is hereby amended to read as follows:

625.183 1. A person who:

(a) Is 21 years of age or older; and

(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States,

Ê may apply to the Board, in accordance with the provisions of this chapter and any regulations adopted by the Board, for licensure as a professional engineer.

2. An applicant for licensure as a professional engineer must:

(a) Be of good character and reputation; and

(b) Pass the examination on the:

(1) Fundamentals of engineering or receive a waiver of that requirement; and

(2) Principles and practices of engineering,

Ê pursuant to NRS 625.193.

3. [Except as otherwise provided in NRS 625.203, an] An applicant for licensure as a professional engineer is not qualified for licensure unless the applicant is a graduate of an engineering curriculum of 4 years or more that is approved by the Board and has a record of 4 years or more of active experience in engineering which is satisfactory to the Board and which indicates that the applicant is competent to be placed in responsible charge of engineering work. An applicant who is eligible to take the examination on the principles and practices of engineering pursuant to subsection 2 of NRS 625.193 may take the examination on the principles and practices of engineering before the applicant meets the active experience requirements for licensure set forth in this subsection.

4. To determine whether an applicant for licensure as a professional engineer has an adequate record of active experience pursuant to subsection 3:

(a) Graduation from a college or university in a discipline of engineering with a master’s or doctoral degree is equivalent to 2 years of active experience, except that, in the aggregate, not more than 2 years of active experience may be satisfied by graduation from a college or university with such degrees, regardless of the number of degrees earned.

(b) Two of the 4 years of active experience must have been completed by working under the direct supervision of a professional engineer who is licensed in the discipline in which the applicant is applying for licensure, unless that requirement is waived by the Board.

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ê2019 Statutes of Nevada, Page 1528 (CHAPTER 268, SB 407)ê

licensed in the discipline in which the applicant is applying for licensure, unless that requirement is waived by the Board.

(c) The execution, as a contractor, of work designed by a professional engineer, or the supervision of the construction of that work as a foreman or superintendent, is not equivalent to active experience in engineering.

5. A person who is not working in the field of engineering when applying for licensure is eligible for licensure as a professional engineer if the person complies with the requirements for licensure prescribed in this chapter.

Sec. 2. NRS 625.270 is hereby amended to read as follows:

625.270 1. A person who:

(a) Is 21 years of age or older; and

(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States,

Ê may apply to the Board, in accordance with the provisions of this chapter and any regulations adopted by the Board, for licensure as a professional land surveyor.

2. An applicant for licensure as a professional land surveyor must:

(a) Be of good character and reputation; and

(b) Pass the examination on the:

(1) Fundamentals of land surveying or receive a waiver of that requirement; and

(2) Principles and practices of land surveying,

Ê pursuant to NRS 625.280.

3. [Except as otherwise provided in NRS 625.285, an] An applicant for licensure as a professional land surveyor may not take the examination on the principles and practices of land surveying, unless the applicant is a graduate of a land-surveying curriculum of 4 years or more that is approved by the Board and has a record of 4 years or more of active experience in land surveying that is satisfactory to the Board and indicates that the applicant is competent to be placed in responsible charge of land-surveying work.

4. To determine whether an applicant for licensure as a professional land surveyor has an adequate record of active experience pursuant to subsection 3:

(a) Two of the 4 years of active experience must have been completed by working under the direct supervision of a professional land surveyor, unless that requirement is waived by the Board.

(b) The execution, as a contractor, of work designed by a professional land surveyor, or the supervision of the construction of that work as a foreman or superintendent, is not equivalent to active experience in land surveying.

5. A person who is not working in the field of land surveying when applying for licensure is eligible for licensure as a professional land surveyor if the person complies with the requirements for licensure prescribed in this chapter.

Sec. 3. NRS 625.386 is hereby amended to read as follows:

625.386 1. To be eligible for certification as a land surveyor intern, an applicant must [:]

[(a) Be] be a graduate of or in the final year of a land-surveying or engineering curriculum of 4 years or more that has been approved by the Board and have passed the examination on the fundamentals of land surveying provided for in NRS 625.280 . [; or

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ê2019 Statutes of Nevada, Page 1529 (CHAPTER 268, SB 407)ê

(b) Have had 4 years or more of experience in land-surveying work that is satisfactory to the Board and have passed the examination on the fundamentals of land surveying provided for in NRS 625.280.]

2. To be eligible for certification as an engineer intern, an applicant must [:

(a) Be] be a graduate of or in the final year of an engineering curriculum of 4 years or more that has been approved by the Board and have passed the examination on the fundamentals of engineering provided for in NRS 625.193 . [; or

(b) Have had 4 years or more of experience in engineering work that is satisfactory to the Board and have passed the examination on the fundamentals of engineering provided for in NRS 625.193.]

Sec. 4. NRS 625.407 is hereby amended to read as follows:

625.407 1. Except as otherwise provided in this section:

(a) A firm, partnership, corporation or other person engaged in or offering to engage in the practice of engineering or land surveying in this state shall employ full-time at least one professional engineer or professional land surveyor, respectively ; [, at each place of business where the work is or will be performed;] and

(b) All engineering or land-surveying work done [at a place of business] must be performed under a professional engineer or professional land surveyor, respectively, who has been placed in responsible charge of the work and who is employed full-time [at] by that [particular place of] business.

2. If the only professional engineer or professional land surveyor employed full-time [at] by a [place of] business [where] that performs engineering or land-surveying work [is performed] ceases to be employed [at that place of] by the business [, during the 30 days next following his or her departure:

(a) The place of business is not required to] , the business shall, within 30 days after the employment ceases, employ another full-time [a] professional engineer or professional land surveyor . [; and

(b) The professional engineer or professional land surveyor placed in responsible charge of engineering or land-surveying work performed at the place of business is not required to be employed full-time at that place of business.]

3. Except as otherwise provided in subsection 5:

(a) A firm, partnership, corporation or other person who performs or offers to perform engineering services in a certain discipline [at a particular place of business] in this state shall employ full-time [at that place of business] a professional engineer licensed in that discipline.

(b) Each person who holds himself or herself out as practicing a certain discipline of engineering must be licensed in that discipline or employ full-time a professional engineer licensed in that discipline.

4. Professional engineers and professional land surveyors may join or form a partnership, corporation, limited-liability company or other business organization or association with registrants and licensees outside of their field of practice, or with persons who are not registered or licensed.

5. The provisions of this section do not apply to a firm, partnership, corporation or other person who [:

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ê2019 Statutes of Nevada, Page 1530 (CHAPTER 268, SB 407)ê

(a) Practices] practices professional engineering for his or her benefit and does not engage in the practice of professional engineering or offer professional engineering services to other persons . [; or

(b) Is engaged in the practice of professional engineering or land surveying in offices established for limited or temporary purposes, including offices established for the convenience of field survey crews or offices established for inspecting construction.]

Sec. 5. (Deleted by amendment.)

Sec. 6. NRS 625.460 is hereby amended to read as follows:

625.460 1. If, after a hearing, a majority of the members of the Board present at the hearing vote in favor of finding the accused person guilty, the Board may:

(a) Revoke the license of the professional engineer or professional land surveyor or deny a license to the applicant;

(b) Suspend the license of the professional engineer or professional land surveyor;

(d) Fine the licensee or applicant for licensure not more than $15,000 for each violation of a provision of this chapter or any regulation adopted by the Board;

[(d)] (e) Place the licensee or applicant for licensure on probation for such periods as it deems necessary and, if the Board deems appropriate, require the licensee or applicant for licensure to pay restitution to clients or other persons who have suffered economic losses as a result of a violation of the provisions of this chapter or the regulations adopted by the Board; or

[(e)] (f) Take such other disciplinary action as the Board deems appropriate.

2. The Board shall not issue a private reprimand.

3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Sec. 7. NRS 625.520 is hereby amended to read as follows:

625.520 1. Except as otherwise provided in subsection 4, it is unlawful for:

(a) Any person not properly licensed or exempted in accordance with the provisions of this chapter to:

(1) Practice, continue to practice, solicit to practice, offer to practice or attempt to practice engineering or any discipline thereof;

(2) Employ, use or cause to be used the term “licensed engineer,” “professional engineer” or “registered engineer” or any combination, variation or abbreviation thereof as a professional or commercial identification, representation, claim, asset or means of advantage or benefit;

(3) Employ, use or cause to be used the term “engineer,” “engineering” or “engineered” or any combination, variation or abbreviation thereof in connection with a discipline of professional engineering for which licensure is required pursuant to this chapter as a professional or commercial identification, representation, claim, asset or means of advantage or benefit without disclosing that the person is not qualified, registered or licensed to practice that discipline of professional engineering in this state; or

(4) Directly or indirectly employ any means which in any manner tends or is likely to mislead the public or any member thereof that any person is qualified or authorized to practice engineering.

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ê2019 Statutes of Nevada, Page 1531 (CHAPTER 268, SB 407)ê

(b) Any professional engineer to practice or offer to practice a discipline of professional engineering in which the Board has not qualified him or her.

(d) Any person to give any false or forged evidence of any kind to the Board or any member thereof in obtaining a license.

(e) Any person to impersonate a licensee of a like or different name.

(f) Any person to attempt to use an expired, suspended or revoked license.

(g) Any person to violate any of the provisions of this chapter.

2. If any person is engaging or is about to engage in any act or practice that constitutes a violation of this chapter [, the] :

(a) The Board may issue an order to cease and desist against the firm, partnership, corporation or other person; or

(b) The district court in any county which would have jurisdiction over the violation, may, upon application of the Board, issue an injunction or restraining order against the act or practice pursuant to Rule 65 of the Nevada Rules of Civil Procedure.

3. This section does not prevent a contractor licensed in accordance with the provisions of chapter 624 of NRS from using the term “engineer” or “engineering” if the term is used by the State Contractors’ Board in describing a specific classification.

4. The provisions of subparagraph (3) of paragraph (a) of subsection 1 do not apply to any corporation using such a term in its corporate name, if the corporation:

(a) Files its articles of incorporation with the Secretary of State; and

(b) Files with the Board a written statement signed by a corporate officer under penalty of perjury in which the officer states that the corporation:

(1) Is not practicing or offering to practice engineering in this state; and

(2) Will not do so unless it is licensed or exempted in accordance with the provisions of this chapter.

5. Any person who violates any of the provisions of subsection 1 is guilty of a gross misdemeanor.

Sec. 8. NRS 329.020 is hereby amended to read as follows:

329.020 It is the purpose of this chapter to protect and perpetuate public land survey corners and other corners, along with information concerning the location of such corners by requiring the systematic establishment of monuments and recording of information concerning the location of such corners, thereby providing for property security and a coherent system of property location and identification, and eliminating the repeated necessity for re-establishment and relocations of such corners once they are established and located.

Sec. 9. NRS 329.140 is hereby amended to read as follows:

329.140 1. Except as otherwise provided in subsection 2 and NRS 329.145, a surveyor shall complete, sign and record or cause to be recorded with the county recorder of the county in which the corner is situated a written record of the establishment or restoration of a [public land survey] corner. Except as otherwise provided in subsection 2 and NRS 329.145, such a recording must be made for every [public land survey] corner and accessory to the corner which is established, re-established, monumented, remonumented, restored, rehabilitated, perpetuated or used as control in any survey.

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ê2019 Statutes of Nevada, Page 1532 (CHAPTER 268, SB 407)ê

remonumented, restored, rehabilitated, perpetuated or used as control in any survey. The survey information must be recorded within 90 days after the survey is completed.

2. A corner record may not be used:

(a) For the perpetuation of more than six corners.

(b) In lieu of a record of survey recorded pursuant to NRS 625.340 to 625.380, inclusive.

Sec. 10. NRS 329.180 is hereby amended to read as follows:

329.180 Where a corner record of a [public land survey] corner is required to be recorded pursuant to the provisions of this chapter, the surveyor must reconstruct or rehabilitate the monument of such corner and the accessories to such corner so that such corner and accessories may be readily located at any time in the future.

Sec. 11. NRS 625.203 and 625.285 are hereby repealed.

Sec. 12. This act becomes effective on July 1, 2019.

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CHAPTER 269, SB 442

Senate Bill No. 442–Committee on Finance

CHAPTER 269

[Approved: June 1, 2019]

AN ACT relating to hazardous waste; providing that permits for hazardous waste facilities may be issued for any period of not more than 10 years; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

The Resource Conservation and Recovery Act gives the Environmental Protection Agency the authority to control hazardous waste facilities. (42 U.S.C. §§ 6901 et seq.) The Act requires the Administrator of the Environmental Protection Agency to adopt regulations that require each person owning or operating an existing facility or planning to construct a new facility for the treatment, storage or disposal of certain hazardous waste to have a permit issued to him or her by the Administrator. (42 U.S.C. § 6925(a)) Federal regulations provide that such permits must be effective for a fixed term not to exceed 10 years. (40 C.F.R. § 270.50(a))

Existing law requires the State Environmental Commission to adopt regulations for the granting, renewal, modification, suspension, revocation and denial of permits for hazardous waste facilities in this State. Existing law provides that such permits may be issued for any period of not more than 5 years. (NRS 459.520) This bill provides that such permits may be issued for any period of not more than 10 years.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 459.520 is hereby amended to read as follows:

459.520 1. The Commission shall adopt regulations for the granting, renewal, modification, suspension, revocation and denial of permits.

2. If the local government within whose territory a facility for the treatment, storage or disposal of hazardous waste is to be located requires that a special use permit or other authorization be obtained for such a facility or activity, the application to the Department for a permit to operate such a facility must show that local authorization has been obtained.

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ê2019 Statutes of Nevada, Page 1533 (CHAPTER 269, SB 442)ê

that a special use permit or other authorization be obtained for such a facility or activity, the application to the Department for a permit to operate such a facility must show that local authorization has been obtained. This requirement does not apply to an application for a permit to construct a utility facility that is subject to the provisions of NRS 704.820 to 704.900, inclusive.

3. Permits may contain terms and conditions which the Department considers necessary and which conform to the provisions of regulations adopted by the Commission.

4. Permits may be issued for any period of not more than [5] 10 years.

5. A permit may not be granted or renewed if the Director determines that granting or renewing the permit is inconsistent with any regulation of the Commission relating to hazardous waste or with the plan for management of hazardous waste developed pursuant to NRS 459.485. The provisions of this subsection do not apply to a permit granted or under review before July 1, 1987.

6. The Department may suspend or revoke a permit pursuant to the Commission’s regulations if the holder of the permit fails or refuses to comply with the terms of the permit or a regulation of the Commission relating to hazardous waste.

7. A permit may not be granted, renewed or modified for a facility for the disposal of hazardous waste that proposes to construct or operate a landfill unless the Director determines that the landfill is or will be constructed to include at least one liner and a leachate collection and removal system designed to prevent the migration of waste or leachate to the adjacent subsurface soils, groundwater and surface water.

8. As used in this section:

(a) “Landfill” means a disposal facility or part of a facility where hazardous waste is placed in or on land and which is not a pile, a land-treatment facility, a surface impoundment, an underground-injection well, a salt-dome formation, a salt-bed formation, an underground mine or a cave.

(b) “Leachate” means any liquid, including any suspended components in the liquid, that has percolated through or drained from a landfill.

(c) “Leachate collection and removal system” means a layer of granular or synthetic materials installed above a liner and operated in conjunction with drains, pipes, sumps and pumps or other means designed to collect and remove leachate from a landfill.

(d) “Liner” means a continuous layer of artificially created material installed beneath and on the sides of a landfill which restricts the downward or lateral escape of hazardous waste, hazardous waste constituents or leachate, and prevents the migration of waste to the adjacent subsurface soils, groundwater and surface water.

Sec. 2. This act becomes effective on July 1, 2019.

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ê2019 Statutes of Nevada, Page 1534ê

CHAPTER 270, SB 460

Senate Bill No. 460–Committee on Government Affairs

CHAPTER 270

[Approved: June 1, 2019]

AN ACT relating to public administrators; authorizing the boards of county commissioners of certain counties to abolish the office of public administrator; requiring the board of county commissioners to employ or contract for the services of a person to carry out the duties of a public administrator in a county where the office has been abolished; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law provides for the election, qualifications and duties of a public administrator in securing and administering the estate of an intestate decedent. (Chapter 253 of NRS) For Humboldt, Lander, Lincoln, Storey and White Pine Counties, the district attorney of the county serves, ex officio, as the public administrator of the county. In Carson City, the Clerk of Carson City serves as the Public Administrator of Carson City. (NRS 253.010)

Section 3 of this bill authorizes the board of county commissioners in a county whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties) to abolish the office of public administrator. Section 3 requires the board of county commissioners in a county where the office of public administrator has been abolished to employ or contract with a person to perform the duties and functions of a public administrator within the county. Sections 1, 2 and 4-36 of this bill make conforming changes.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 244.200 is hereby amended to read as follows:

244.200 The boards of county commissioners shall have power and jurisdiction in their respective counties to examine and audit:

1. The accounts of all officers having the care, management, collection or disbursement of any money belonging to the county or appropriated by law, or otherwise, for its use and benefit; and

2. The money and property entrusted to the care of, and the fees or compensation received by [the] :

(a) The public administrators of the respective counties in their several official capacities [.] ; or

(b) The persons employed by or contracted with the respective counties pursuant to section 3 of this act,

Ê as applicable.

Sec. 2. NRS 248.245 is hereby amended to read as follows:

248.245 In counties having a population of less than 100,000, the sheriff shall report immediately [to the public administrator] all deaths which the sheriff gains knowledge of in the performance of his or her duties [.] to the public administrator or the person employed or contracted with pursuant to section 3 of this act, as applicable.

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Sec. 3. Chapter 253 of NRS is hereby amended by adding thereto a new section to read as follows:

1. A board of county commissioners of a county whose population is less than 100,000 may by ordinance abolish the office of public administrator.

2. If a board of county commissioners abolishes the office of the public administrator pursuant to subsection 1:

(a) The person who was elected, appointed or serves as ex officio public administrator pursuant to NRS 253.010 is entitled to serve out the remainder of his or her term of office before the office of public administrator may be abolished;

(b) The board must employ or contract for the services of a person to carry out the duties and responsibilities set forth in this chapter and any other provision of law relating to a public administrator; and

(c) The board must set forth in the ordinance adopted pursuant to subsection 1 the qualifications for a person employed or contracted with pursuant to paragraph (b). Such qualifications must include, without limitation:

(1) A requirement that a person employed or contracted with pursuant to paragraph (b):

(I) Be at least 21 years of age;

(II) Not have been convicted of a felony for which his or her civil rights have not been restored by a court of competent jurisdiction; and

(III) Not have been found liable in a civil action involving a finding of fraud, misrepresentation, material omission, misappropriation, theft or conversion.

(2) Any requirement of the person to post a bond or provide other security with the county.

3. A board of county commissioners of a county whose population is less than 100,000 may amend or repeal an ordinance adopted pursuant to subsection 1 to resume pursuant to NRS 253.010:

(a) The election of a public administrator for the county; or

(b) The person who is ex officio public administrator serving as public administrator in the county.

Sec. 4. NRS 253.010 is hereby amended to read as follows:

253.010 Except as otherwise provided in section 3 of this act:

1. Except as otherwise provided in subsections 4 and 5 or as altered pursuant to the mechanism set forth in NRS 244.1507, public administrators must be elected by the qualified electors of their respective counties.

2. Public administrators must be chosen by the electors of their respective counties at the general election in 1922 and at the general election every 4 years thereafter, and shall enter upon the duties of their office on the first Monday of January after their election.

3. The public administrator of a county must:

(a) Be a qualified elector of the county;

(b) Be at least 21 years of age on the date he or she will take office;

(c) Not have been convicted of a felony for which his or her civil rights have not been restored by a court of competent jurisdiction; and

(d) Not have been found liable in a civil action involving a finding of fraud, misrepresentation, material omission, misappropriation, theft or conversion.

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ê2019 Statutes of Nevada, Page 1536 (CHAPTER 270, SB 460)ê

4. The district attorneys of Humboldt, Lander, Lincoln, Storey and White Pine Counties are ex officio public administrators of Humboldt County, Lander County, Lincoln County, Storey County and White Pine County, respectively, unless such an arrangement is altered pursuant to the mechanism set forth in NRS 244.1507. The Clerk of Carson City shall serve as Public Administrator of Carson City.

5. In a county other than Carson City and Humboldt, Lander, Lincoln, Storey and White Pine Counties, if, for any reason, the office of public administrator becomes vacant, the board of county commissioners may appoint a public administrator for the remainder of the unexpired term.

Sec. 5. NRS 253.025 is hereby amended to read as follows:

253.025 1. [A] Except as otherwise provided in subsection 5, a public administrator may appoint as many deputies as the public administrator deems necessary to perform fully the duties of his or her office. A deputy so appointed may perform all duties required of the public administrator and has the corresponding powers and responsibilities. Before entering upon the discharge of his or her duties each deputy must take and subscribe to the constitutional oath of office. The appointment of a deputy must not be construed to confer upon that deputy policymaking authority for the office of the county public administrator or the county by which the deputy is employed.

2. Each appointment must be in writing and recorded with the oath of office of that deputy in the office of the county recorder. Any revocation or resignation of an appointment must be recorded in the office of the county recorder.

3. The public administrator is responsible on his or her official bond for any official malfeasance or nonfeasance of his or her deputies and may require a bond for the faithful performance of the official duties of his or her deputies.

4. Every deputy appointed pursuant to this section must:

(a) Be a qualified elector of the county;

(b) Be at least 21 years of age;

(c) Not have been convicted of a felony for which his or her civil rights have not been restored by a court of competent jurisdiction; and

(d) Not have been found liable in a civil action involving a finding of fraud, misrepresentation, material omission, misappropriation, theft or conversion.

5. The provisions of this section do not apply if the office of public administrator is abolished pursuant to section 3 of this act.

Sec. 6. NRS 253.040 is hereby amended to read as follows:

253.040 1. Public administrators and persons employed or contracted with pursuant to section 3 of this act, as applicable, may administer on the estates of any deceased persons in any cases where by law they are entitled to administer by virtue of their [office.] position. Except as otherwise provided in NRS 253.0403 and 253.0425, public administrators and any person employed or contracted with pursuant to section 3 of this act are required to make formal application for letters of administration.

2. In counties whose population is 100,000 or more, the public administrator shall execute a bond to the State of Nevada in the amount of $100,000, conditioned that the public administrator will faithfully execute the duties of the trust according to law.

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ê2019 Statutes of Nevada, Page 1537 (CHAPTER 270, SB 460)ê

3. In counties whose population is less than 100,000, the official bond given pursuant to NRS 253.020 or any bond required pursuant to section 3 of this act, as applicable, may secure the faithful execution of the public administrator’s duties for all estates for which he or she has been issued letters of administration, and all estates administered pursuant to NRS 253.0403, if the aggregate value of all the estates does not exceed the amount of his or her bond.

Sec. 7. NRS 253.0403 is hereby amended to read as follows:

253.0403 1. When the gross value of a decedent’s property situated in this State does not exceed $25,000, a public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, may, without procuring letters of administration, administer the estate of that person upon filing with the court an affidavit of his or her right to do so.

2. The affidavit must provide:

(a) The [public administrator’s] name and address [,] of the public administrator or person employed or contracted with pursuant to section 3 of this act, as applicable, and his or her attestation that he or she is entitled by law to administer the estate;

(b) The decedent’s place of residence at the time of his or her death;

(d) That at least 40 days have elapsed since the death of the decedent;

(e) That no application or petition for the appointment of a personal representative is pending or has been granted in this State;

(f) A description of the personal property of the decedent;

(g) Whether there are any heirs or next of kin known to the affiant, and if known, the name and address of each such person;

(h) If heirs or next of kin are known to the affiant, a description of the method of service the affiant used to provide to each of them notice of the affidavit and that at least 10 days have elapsed since the notice was provided;

(i) That all debts of the decedent, including funeral and burial expenses, have been paid or provided for; and

(j) The name of each person to whom the affiant intends to distribute the decedent’s property.

3. Before filing the affidavit with the court, the public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, shall take reasonable steps to ascertain whether any of the decedent’s heirs or next of kin exist. If the administrator or person determines that heirs or next of kin exist, the administrator or person shall serve each of them with a copy of the affidavit. Service must be made personally or by certified mail.

4. If the affiant:

(a) Submits an affidavit which does not meet the requirements of subsection 2 or which contains statements which are not entirely true, any money or property the affiant receives or distributes is subject to all debts of the decedent, based on the priority for payment of debts and charges specified in NRS 147.195.

(b) Fails to give notice to heirs or next of kin as required by subsection 3, any money or property the affiant holds or distributes to others shall be deemed to be held in trust for those heirs and next of kin who did not receive notice and have an interest in the property.

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ê2019 Statutes of Nevada, Page 1538 (CHAPTER 270, SB 460)ê

5. A person who receives an affidavit containing the information required by subsection 2 is entitled to rely upon such information, and if the person relies in good faith, he or she is immune from civil liability for actions based on that reliance.

6. Upon receiving proof of the death of the decedent, an affidavit containing the information required by this section and the written approval of the public administrator or person employed or contracted with pursuant to section 3 of this act, as applicable, to do so:

(a) A transfer agent of any security shall change the registered ownership of the security claimed from the decedent to the person claiming to succeed to ownership of that security.

Sec. 8. NRS 253.0405 is hereby amended to read as follows:

253.0405 1. Subject to the provisions of subsections 2 and 3, before the issuance of the letters of administration for an estate, before filing an affidavit to administer an estate pursuant to NRS 253.0403, before petitioning to have an estate set aside pursuant to NRS 253.0425, and without giving notice to the next of kin, the public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, may act on behalf of the estate of a deceased person to identify and secure all tangible and intangible assets of the estate if the administrator or person finds that:

(a) There are no relatives of the deceased who are able to protect the property; or

(b) Failure to do so could endanger the property.

2. A public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, shall not distribute, liquidate or otherwise administer any assets of an estate which are identified and secured pursuant to subsection 1 unless:

(a) A court has issued letters of administration for the estate; or

(b) A court order authorizing the public administrator or person to act as administrator of the estate has been issued.

3. A public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, may, for the purpose of protecting the assets of an estate which are identified and secured pursuant to subsection 1, authorize any of the following persons to access the real and personal property of the estate:

(a) A relative of the deceased;

(b) A named executor or named trustee of the estate; or

Sec. 9. NRS 253.0407 is hereby amended to read as follows:

253.0407 1. Except as otherwise provided in subsection 2, a public administrator [,] or a person employed or contracted with pursuant to section 3 of this act, as applicable, with regard to the personal property of the estate of a decedent, may donate property that has a value of less than $250 to a nonprofit organization, or destroy property that has a value of less than $100, if a notice of intent to donate or destroy the property is mailed by certified mail or delivered personally to the decedent’s next of kin and the property is not claimed within 15 days.

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ê2019 Statutes of Nevada, Page 1539 (CHAPTER 270, SB 460)ê

2. A public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, may authorize the immediate destruction of the property of a decedent, without giving notice to the next of kin, if:

(a) The administrator or person employed or contracted with pursuant to section 3 of this act, as applicable, determines that the property has been contaminated by vermin or biological or chemical agents;

(b) The expenses related to the decontamination of the property cause salvage to be impractical;

(d) The handling, transfer or storage of the property may endanger public health or safety or exacerbate contamination; and

(e) The value of the property is less than $100 or, if the value of the property is $100 or more, a state or local health officer has endorsed the destruction of the property.

Sec. 10. NRS 253.0415 is hereby amended to read as follows:

253.0415 1. The public administrator or the person employed or contracted with pursuant to section 3 of this act, as applicable, shall:

(a) Investigate:

(1) The financial status of any decedent for whom he or she has been requested to serve as administrator to determine the assets and liabilities of the estate.

(2) Whether there is any qualified person who is willing and able to serve as administrator of the estate of an intestate decedent to determine whether he or she is eligible to serve in that capacity.

(3) Whether there are beneficiaries named on any asset of the estate or whether any deed upon death executed pursuant to NRS 111.655 to 111.699, inclusive, is on file with the county recorder.

(b) Except as otherwise provided in NRS 253.0403 and 253.0425, petition the court for letters of administration of the estate of an intestate decedent if, after investigation, the public administrator or the person employed or contracted with pursuant to section 3 of this act, as applicable, finds that there is no other qualified person having a prior right who is willing and able to serve.

(c) Upon court order, act as administrator of the estate of an intestate decedent, regardless of the amount of assets in the estate of the decedent if no other qualified person is willing and able to serve.

2. The public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, shall not administer any estate:

(a) Held in joint tenancy unless all joint tenants are deceased; or

(b) For which a deed upon death has been executed pursuant to NRS 111.655 to 111.699, inclusive.

3. In a county whose population is less than 100,000, the board of county commissioners may, by ordinance, require the public administrator or the person employed or contracted with pursuant to section 3 of this act, as applicable, to notify or obtain approval from the board of county commissioners before transporting outside the county any property of a decedent for whose estate the public administrator or person serves as administrator.

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ê2019 Statutes of Nevada, Page 1540 (CHAPTER 270, SB 460)ê

4. As used in this section, “intestate decedent” means a person who has died without leaving a valid will, trust or other estate plan.

Sec. 11. NRS 253.042 is hereby amended to read as follows:

253.042 In connection with an investigation conducted pursuant to subsection 1 of NRS 253.0415, a public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, may:

1. Require any spouse, parent, child or other kindred of the decedent to give any information and to execute any written requests or authorizations necessary to provide the public administrator or person with access to records, otherwise confidential, needed to evaluate the public administrator’s or person’s eligibility to serve.

2. Obtain information from the public records in any office of the State or any of its agencies or subdivisions upon request and without payment of any fee.

3. Investigate the assets and personal and family history of any decedent for whom he or she has been requested to serve as administrator, without hiring or being licensed as a private investigator pursuant to chapter 648 of NRS.

Sec. 12. NRS 253.0425 is hereby amended to read as follows:

253.0425 1. If the public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, finds that there is no qualified person willing and able to administer the estate of a particular decedent, the public administrator or person shall investigate further to estimate its gross value.

2. If the estate appears to have a gross value of $100,000 or less, the public administrator or person employed or contracted with pursuant to section 3 of this act, as applicable, shall:

(a) Assist a proper person to petition to have it set aside without administration or directly receive the assets from a custodian, as the facts may warrant;

(b) Himself or herself petition to have the estate set aside without administration and properly distributed; or

3. If the estate appears to have a gross value of more than $100,000:

(a) The public administrator or person employed or contracted with pursuant to section 3 of this act, as applicable, shall proceed with summary or full administration as the value of the estate requires.

(b) The public administrator or person employed or contracted with pursuant to section 3 of this act, as applicable, may retain an attorney to assist him or her, rotating this employment in successive estates among the attorneys practicing in the county who are qualified by experience and willing to serve. The attorney’s fee is a charge upon the estate.

Sec. 13. NRS 253.0435 is hereby amended to read as follows:

253.0435 [The]

1. Except as otherwise provided in subsection 2, the public administrator may, within the limits of appropriations for his or her office:

[1.] (a) Be provided with sufficient facilities and supplies for the proper performance of his or her duties.

[2.] (b) Employ subordinates necessary for the proper performance of his or her duties.

[3.] (c) Contract for the services of consultants or assistants.

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ê2019 Statutes of Nevada, Page 1541 (CHAPTER 270, SB 460)ê

[4.] (d) Consult with the district attorney in matters relating to the performance of his or her duties.

2. The provisions of this section do not apply if the office of public administrator is abolished pursuant to section 3 of this act.

Sec. 14. NRS 253.0447 is hereby amended to read as follows:

253.0447 [A]

1. Except as otherwise provided in subsection 2, a public administrator may file with the board of county commissioners a request for payment for expenses incurred in the performance of such duties. The amount to be paid as expenses must be determined by the board. Payment must be made from the general fund of the county if the board approves the request and determines that there is sufficient money in the fund to pay the public administrator or other suitable person designated by the board to perform those duties. This section does not require the board to authorize payment of any expense that can be paid from the assets of a person or an estate.

2. The provisions of this section do not apply if the office of public administrator is abolished pursuant to section 3 of this act.

Sec. 15. NRS 253.050 is hereby amended to read as follows:

253.050 1. For the administration of the estates of deceased persons [, public] :

(a) Public administrators are entitled to be paid as other administrators or executors are paid, subject to the provisions of NRS 245.043.

(b) Persons employed or contracted with pursuant to section 3 of this act are entitled to be paid as other administrators or executors are paid.

2. The district attorneys of Humboldt, Lander, Lincoln, Storey and White Pine Counties as ex officio public administrators and the Clerk of Carson City serving as Public Administrator of Carson City may retain all fees provided by law received by them as public administrators.

3. The public administrator or a person employed or contracted with pursuant to section 3 of this act is entitled to compensation from the estate or from beneficiaries for the reasonable value of his or her services performed in preserving the property of an estate of a deceased person before the appointment of an administrator. Compensation must be set by the board of county commissioners.

4. Except as otherwise provided in subsection 2, a public administrator who does not receive a salary pursuant to NRS 245.043:

(a) Is entitled to receive annual compensation, for the costs and expenses incident to a public administrator, as set by the board of county commissioners and paid out of the county fund; and

(b) May retain all fees provided by law received by him or her as public administrator.

5. In a county where the office of public administer has been abolished pursuant to section 3 of this act, any compensation or fees described in subsections 1 and 3 or otherwise provided by law for the administration of an estate of a deceased person to which the person employed or contracted with pursuant to section 3 of this act is entitled must be paid into the county general fund.

Sec. 16. NRS 253.060 is hereby amended to read as follows:

253.060 Except as otherwise provided in this chapter, public administrators [,] and persons employed or contracted with pursuant to section 3 of this act, in administering upon estates, shall be governed by the same rules and laws by which other administrators or executors are governed.

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ê2019 Statutes of Nevada, Page 1542 (CHAPTER 270, SB 460)ê

Sec. 17. NRS 253.070 is hereby amended to read as follows:

253.070 All persons, and especially all civil officers, shall give all information in their possession to public administrators and persons employed or contracted with pursuant to section 3 of this act respecting estates and the property and condition thereof, upon which no other person has then administered.

Sec. 18. NRS 253.080 is hereby amended to read as follows:

253.080 Public administrators and persons employed or contracted with pursuant to section 3 of this act shall institute, maintain and prosecute all necessary actions at law and in equity for the recovery and for the protection of the property, debts, papers or other estate of any deceased person upon whose estate they may be administering.

Sec. 19. NRS 253.091 is hereby amended to read as follows:

253.091 1. The board of county commissioners shall:

(a) Establish regulations for the form of any reports made by the public administrator [.] or a person employed or contracted with pursuant to section 3 of this act, as applicable.

(b) Review reports submitted to the board by the public administrator [.] or a person employed or contracted with pursuant to section 3 of this act, as applicable.

(c) Investigate any complaint received by the board against the public administrator or a person employed or contracted with pursuant to section 3 of this act and take any appropriate action it deems necessary to resolve the complaint.

2. The board of county commissioners may at any time investigate any estate for which the public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, is serving as administrator.

3. In a county whose population is less than 100,000, the board of county commissioners may, by ordinance, require that, on or before March 1 of each year, the public administrator or person employed or contracted with pursuant to section 3 of this act, as applicable, submit to the board of county commissioners an independent audit report prepared by a certified public accountant of the records and office of the public administrator [.] , or the records of the person, as applicable. The ordinance must:

(a) Provide that each such audit report cover the period starting January 1 of the previous calendar year and ending December 31 of the previous calendar year.

(b) Prescribe who is responsible for paying the costs of the audit.

Sec. 20. NRS 253.110 is hereby amended to read as follows:

253.110 No public administrator or person employed or contracted with pursuant to section 3 of this act may be:

1. Interested in any expenditures of any kind, made on account of any estate of a deceased person which he or she is administering, except as necessarily made in the course of the administration.

2. Associated in business with anyone so interested.

Sec. 21. NRS 253.120 is hereby amended to read as follows:

253.120 1. Public administrators shall, at the expiration of their terms of office, surrender up to their successors in office all the books or papers belonging or appertaining to the office, including all exhibits, estates, money and property in their possession; but upon the expiration of the term of office of any public administrator before the entry of a decree of distribution in any estate for which the public administrator is the duly appointed, qualified and acting administrator, if good cause be shown therefor, the court shall enter an order in such estate, authorizing and directing a person to whom letters have been issued, to close up the estate as expeditiously as possible, or the court shall enter an order requiring the filing of a petition for letters by the successor in office of the public administrator.

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ê2019 Statutes of Nevada, Page 1543 (CHAPTER 270, SB 460)ê

estate for which the public administrator is the duly appointed, qualified and acting administrator, if good cause be shown therefor, the court shall enter an order in such estate, authorizing and directing a person to whom letters have been issued, to close up the estate as expeditiously as possible, or the court shall enter an order requiring the filing of a petition for letters by the successor in office of the public administrator.

2. Persons employed or contracted with pursuant to section 3 of this act shall, at the expiration of their employment or contract, surrender up to the board of county commissioners all the books or papers belonging or appertaining to the person in relation to performing the duties and responsibilities set forth in this chapter and any other provision of law relating to administering an estate on behalf of the county, including all exhibits, estates, money and property in their possession. Upon the expiration of the employment or contract, before the entry of a decree of distribution in any estate for which the person is the duly appointed, qualified and acting administrator, if good cause be shown therefor, the court shall enter an order in such estate, authorizing and directing a person to whom letters have been issued, to close up the estate as expeditiously as possible, or the court shall enter an order requiring the filing of a petition for letters by the successor.

Sec. 22. NRS 258.075 is hereby amended to read as follows:

258.075 In counties having a population of less than 100,000, every constable shall report immediately to the public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, all deaths which the constable gains knowledge of in the performance of his or her duties.

Sec. 23. NRS 259.160 is hereby amended to read as follows:

259.160 1. Upon payment of money into the county treasurer’s office in such case, he or she shall place it to the credit of the county. Upon the delivery of property, he or she shall:

(a) Deliver such property to the public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, for disposition according to law; or

(b) Give written notice to the public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, of his or her intention to sell such property at public sale.

2. If within 10 days after the giving of notice pursuant to paragraph (b) of subsection 1, the public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, claims the property for disposition, the county treasurer shall deliver it to him or her.

3. If the public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, does not claim the property as provided in subsection 1, the county treasurer may, after giving notice by posting at the courthouse for at least 10 days, sell the property at public sale and place the proceeds to the credit of the county.

Sec. 24. NRS 139.040 is hereby amended to read as follows:

139.040 1. Administration of the intestate estate of a decedent must be granted to one or more of the persons mentioned in this section, and they are respectively entitled to priority for appointment in the following order:

(a) The surviving spouse.

(b) The children.

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(d) The brother or the sister.

(e) The grandchildren.

(f) Any other of the kindred entitled to share in the distribution of the estate.

(g) The public administrator [.] or a person employed or contracted with pursuant to section 3 of this act, as applicable.

(h) Creditors who have become such during the lifetime of the decedent.

(i) Any of the kindred not above enumerated, within the fourth degree of consanguinity.

(j) Any person or persons legally qualified.

2. A person in each of the foregoing classes is entitled:

(a) To appointment, if the person is:

(1) A resident of the State of Nevada or the person:

(I) Associates as coadministrator a resident of the State of Nevada or a banking corporation authorized to do business in this State; or

(II) Is named as personal representative in the will if the will is the subject of a pending petition for probate, and the court in its discretion believes it would be appropriate to make such an appointment; or

(2) A banking corporation which is authorized to do business in this State or which:

(I) Associates as coadministrator a resident of the State of Nevada or a banking corporation authorized to do business in this State; or

(b) To nominate a resident of the State of Nevada or a qualified banking corporation for appointment, whether or not the nominator is a resident of the State of Nevada or a qualified banking corporation. The nominee has the same priority as the nominator. That priority is independent of the residence or corporate qualification of the nominator.

3. If any heir who is otherwise entitled to appointment is a minor or an incapacitated person for whom a guardian has been appointed, the court may appoint the guardian of the minor or incapacitated person as administrator.

Sec. 25. NRS 139.135 is hereby amended to read as follows:

139.135 1. An agreement between an heir finder and an apparent heir, the primary purpose of which is to locate, recover or assist in the recovery of an estate for which the public administrator or person employed or contracted with pursuant to section 3 of this act, as applicable, has petitioned for letters of administration, is void and unenforceable if the agreement is entered into during the period beginning with the death of the person whose estate is in probate until 90 days thereafter. Upon a showing of good cause, the court may extend such a period until 180 days after the death of the person.

2. As used in this section, “heir finder” means a person who, for payment of a fee, assignment of a portion of any interest in a decedent’s estate or other consideration, provides information, assistance, forensic genealogy research or other efforts related to another person’s right to or interest in a decedent’s estate. The term does not include:

(a) A person acting in the capacity of a personal representative or guardian ad litem;

(b) A person appointed to perform services by a probate court in which a proceeding in connection with a decedent’s estate is pending; or

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(c) An attorney providing legal services to a decedent’s family member if the attorney has not agreed to pay to any other person a portion of the fees received from the family member or the family member’s interest in the decedent’s estate.

Sec. 26. NRS 146.080 is hereby amended to read as follows:

146.080 1. If a decedent leaves no real property, nor interest therein, nor mortgage or lien thereon, in this State, and the gross value of the decedent’s property in this State, over and above any amounts due to the decedent for services in the Armed Forces of the United States and the value of any motor vehicles registered to the decedent, does not exceed the applicable amount, a person who has a right to succeed to the property of the decedent pursuant to the laws of succession for a decedent who died intestate or pursuant to the valid will of a decedent who died testate, on behalf of all persons entitled to succeed to the property claimed, or the Director of the Department of Health and Human Services or , as applicable, the public administrator or a person employed or contracted with pursuant to section 3 of this act, on behalf of the State or others entitled to the property, may, 40 days after the death of the decedent, without procuring letters of administration or awaiting the probate of the will, collect any money due the decedent, receive the property of the decedent, and have any evidences of interest, indebtedness or right transferred to the claimant upon furnishing the person, representative, corporation, officer or body owing the money, having custody of the property or acting as registrar or transfer agent of the evidences of interest, indebtedness or right, with an affidavit showing the right of the affiant or affiants to receive the money or property or to have the evidence transferred.

2. An affidavit made pursuant to this section must state:

(a) The affiant’s name and address, and that the affiant is entitled by law to succeed to the property claimed;

(b) The date and place of death of the decedent;

(c) That the gross value of the decedent’s property in this State, except amounts due the decedent for services in the Armed Forces of the United States or the value of any motor vehicles registered to the decedent, does not exceed the applicable amount, and that the property does not include any real property nor interest therein, nor mortgage or lien thereon;

(d) That at least 40 days have elapsed since the death of the decedent, as shown in a certified copy of the certificate of death of the decedent attached to the affidavit;

(e) That no petition for the appointment of a personal representative is pending or has been granted in any jurisdiction;

(f) That all debts of the decedent, including funeral and burial expenses, and money owed to the Department of Health and Human Services as a result of the payment of benefits for Medicaid, have been paid or provided for;

(g) A description of the personal property and the portion claimed;

(h) That the affiant has given written notice, by personal service or by certified mail, identifying the affiant’s claim and describing the property claimed, to every person whose right to succeed to the decedent’s property is equal or superior to that of the affiant, and that at least 14 days have elapsed since the notice was served or mailed;

(i) That the affiant is personally entitled, or the Department of Health and Human Services is entitled, to full payment or delivery of the property claimed or is entitled to payment or delivery on behalf of and with the written authority of all other successors who have an interest in the property;

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claimed or is entitled to payment or delivery on behalf of and with the written authority of all other successors who have an interest in the property;

(j) That the affiant has no knowledge of any existing claims for personal injury or tort damages against the decedent; and

(k) That the affiant acknowledges an understanding that filing a false affidavit constitutes a felony in this State.

3. If the affiant:

(b) Fails to give notice to other successors as required by subsection 2, any money or property the affiant receives is held by the affiant in trust for all other successors who have an interest in the property.

4. A person who receives an affidavit containing the information required by subsection 2 is entitled to rely upon that information, and if the person relies in good faith, the person is immune from civil liability for actions based on that reliance.

5. Upon receiving proof of the death of the decedent and an affidavit containing the information required by this section:

(a) A transfer agent of any security shall change the registered ownership of the security claimed from the decedent to the person claiming to succeed to ownership of that security.

(b) A governmental agency required to issue certificates of title, ownership or registration to personal property shall issue a new certificate of title, ownership or registration to the person claiming to succeed to ownership of the property. The governmental agency may not refuse to accept an affidavit containing the information required by this section, regardless of the form of the affidavit.

6. If any property of the estate not exceeding the applicable amount is located in a state which requires an order of a court for the transfer of the property, or if the estate consists of stocks or bonds which must be transferred by an agent outside this State, any person qualified pursuant to the provisions of subsection 1 to have the stocks or bonds or other property transferred may do so by obtaining a court order directing the transfer. The person desiring the transfer must file a petition, which may be ex parte, containing:

(a) A specific description of all the property of the decedent.

(b) A list of all the liens and mortgages of record at the date of the decedent’s death.

(d) The names, ages of any minors and residences of the decedent’s heirs and devisees.

(e) A request for the court to issue an order directing the transfer of the stocks or bonds or other property if the court finds the gross value of the estate does not exceed the applicable amount.

(f) An attached copy of the executed affidavit made pursuant to subsection 2.

Ê If the court finds that the gross value of the estate does not exceed the applicable amount and the person requesting the transfer is entitled to it, the court may enter an order directing the transfer.

7. As used in this section, “applicable amount” means:

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(a) If the claimant is the surviving spouse of the decedent, $100,000.

(b) For any other claimant, $25,000.

Sec. 27. NRS 179A.100 is hereby amended to read as follows:

179A.100 1. The following records of criminal history may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter:

(a) Any which reflect records of conviction only; and

(b) Any which pertain to an incident for which a person is currently within the system of criminal justice, including parole or probation.

2. Without any restriction pursuant to this chapter, a record of criminal history or the absence of such a record may be:

(a) Disclosed among agencies which maintain a system for the mutual exchange of criminal records.

(b) Furnished by one agency to another to administer the system of criminal justice, including the furnishing of information by a police department to a district attorney.

3. An agency of criminal justice shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee or volunteer which are the result of a name-based inquiry and which:

(a) Reflect convictions only; or

(b) Pertain to an incident for which the prospective employee or volunteer is currently within the system of criminal justice, including parole or probation.

4. Records of criminal history must be disseminated by an agency of criminal justice, upon request, to the following persons or governmental entities:

(a) The person who is the subject of the record of criminal history for the purposes of NRS 179A.150.

(b) The person who is the subject of the record of criminal history when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.

(d) The State Board of Nursing.

(e) The Private Investigator’s Licensing Board to investigate an applicant for a license.

(f) A public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, to carry out the duties as prescribed in chapter 253 of NRS.

(g) A public guardian to investigate a protected person or proposed protected person or persons who may have knowledge of assets belonging to a protected person or proposed protected person.

(h) Any agency of criminal justice of the United States or of another state or the District of Columbia.

(i) Any public utility subject to the jurisdiction of the Public Utilities Commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee or to protect the public health, safety or welfare.

(j) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.

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(k) Any person or governmental entity which has entered into a contract to provide services to an agency of criminal justice relating to the administration of criminal justice, if authorized by the contract, and if the contract also specifies that the information will be used only for stated purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.

(l) Any reporter or editorial employee who is employed or affiliated with a newspaper, press association or commercially operated, federally licensed radio or television station who requests a record of a named person or aggregate information for statistical purposes, excluding any personal identifying information, in a professional capacity for communication to the public.

(m) Prospective employers if the person who is the subject of the information has given written consent to the release of that information by the agency which maintains it.

(n) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.

(o) An agency which provides child welfare services, as defined in NRS 432B.030.

(p) The Division of Welfare and Supportive Services of the Department of Health and Human Services or its designated representative, as needed to ensure the safety of investigators and caseworkers.

(q) The Aging and Disability Services Division of the Department of Health and Human Services or its designated representative, as needed to ensure the safety of investigators and caseworkers.

(r) An agency of this or any other state or the Federal Government that is conducting activities pursuant to Part D of Subchapter IV of Chapter 7 of Title 42 of the Social Security Act, 42 U.S.C. §§ 651 et seq.

(s) The State Disaster Identification Team of the Division of Emergency Management of the Department.

(t) The Commissioner of Insurance.

(u) The Board of Medical Examiners.

(v) The State Board of Osteopathic Medicine.

(w) The Board of Massage Therapy and its Executive Director.

(x) The Board of Examiners for Social Workers.

(y) The State Board of Cosmetology and its Executive Director.

(z) The Committee on Domestic Violence appointed pursuant to NRS 228.470 when, pursuant to NRS 228.495, the Committee is reviewing the death of the victim of a crime that constitutes domestic violence pursuant to NRS 33.018.

(aa) A county coroner or medical examiner, as needed to conduct an investigation of the death of a person.

5. Agencies of criminal justice in this State which receive information from sources outside this State concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the provisions of this chapter.

Sec. 28. NRS 239A.070 is hereby amended to read as follows:

239A.070 This chapter does not apply to any subpoena issued pursuant to title 14 or chapters 616A to 617, inclusive, of NRS or prohibit:

1. Dissemination of any financial information which is not identified with or identifiable as being derived from the financial records of a particular customer.

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2. The Attorney General, State Controller, district attorney, Department of Taxation, Director of the Department of Health and Human Services, Administrator of the Securities Division of the Office of the Secretary of State, public administrator [,] or person employed or contracted with pursuant to section 3 of this act, as applicable, sheriff or a police department from requesting of a financial institution, and the institution from responding to the request, as to whether a person has an account or accounts with that financial institution and, if so, any identifying numbers of the account or accounts.

3. A financial institution, in its discretion, from initiating contact with and thereafter communicating with and disclosing the financial records of a customer to appropriate governmental agencies concerning a suspected violation of any law.

4. Disclosure of the financial records of a customer incidental to a transaction in the normal course of business of the financial institution if the director, officer, employee or agent of the financial institution who makes or authorizes the disclosure has no reasonable cause to believe that such records will be used by a governmental agency in connection with an investigation of the customer.

5. A financial institution from notifying a customer of the receipt of a subpoena or a search warrant to obtain the customer’s financial records, except when ordered by a court to withhold such notification.

6. The examination by or disclosure to any governmental regulatory agency of financial records which relate solely to the exercise of its regulatory function if the agency is specifically authorized by law to examine, audit or require reports of financial records of financial institutions.

7. The disclosure to any governmental agency of any financial information or records whose disclosure to that particular agency is required by the tax laws of this State.

8. The disclosure of any information pursuant to NRS 353C.240, 425.393, 425.400 or 425.460.

9. A governmental agency from obtaining a credit report or consumer credit report from anyone other than a financial institution.

Sec. 29. NRS 239A.075 is hereby amended to read as follows:

239A.075 Upon presentation of a death certificate, affidavit of death or other proof of death, a financial institution shall provide the Director of the Department of Health and Human Services or a public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, with a statement which sets forth the identifying number and account balance of any accounts on which only the name of the deceased person appears. A financial institution may charge a reasonable fee, not to exceed $2, to provide a public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, with a statement pursuant to the provisions of this section.

Sec. 30. NRS 356.330 is hereby amended to read as follows:

356.330 1. “Public money” means all money deposited with a depository by any of the following:

(a) The State Treasurer.

(b) An official custodian with plenary authority, including control over money belonging to, or held for the benefit of, the State or any of its political subdivisions, public corporations, municipal corporations, courts, or public agencies, boards, commissions or committees. If the exercise of plenary authority over public money requires action by or the consent of two or more recognized official custodians, the official custodians shall be treated as one official custodian having plenary authority over the public money.

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authority over public money requires action by or the consent of two or more recognized official custodians, the official custodians shall be treated as one official custodian having plenary authority over the public money. For the purposes of this paragraph:

(1) “Control” means the possession of public money and the authority to establish accounts of public money in public depository institutions and to make deposits, withdrawals and disbursements of public money.

(2) “Official custodian” means the State or any of its political subdivisions, public corporations, municipal corporations, courts, or public agencies, boards, commissions or committees.

(c) A public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, acting as a trustee, agent or bailee.

2. The term does not include money deposited with a depository by:

(a) A Native American tribe or an agent or representative thereof;

(b) The Federal Government or an agent or representative thereof; or

Sec. 31. NRS 433.541 is hereby amended to read as follows:

433.541 Whenever any person admitted to a division facility dies, the administrative officer shall send written notice to the decedent’s legally appointed representative, listing the personal property remaining in the custody or possession of the facility. If there is no demand made upon the administrative officer of the facility by the decedent’s legally appointed representative, all personal property of the decedent remaining in the custody or possession of the administrative officer must be held by the officer for a period of 1 year from the date of the decedent’s death for the benefit of the heirs, legatees or successors of the decedent. At the end of this period, another notice must be sent to the decedent’s representative, listing the property and specifying the manner in which the property will be disposed of if not claimed within 15 business days. After 15 business days, all personal property and documents of the decedent, other than cash, remaining unclaimed in the possession of the administrative officer must be disposed of as follows:

1. All documents must be filed by the administrative officer with [the] :

(a) The public administrator of the county from which the consumer was admitted [.] ; or

(b) If the office of public administrator has been abolished pursuant to section 3 of this act, the person employed or contracted with pursuant to section 3 of this act to carry out the duties and responsibilities of chapter 253 of NRS in the county from which the consumer was admitted,

Ê as applicable.

2. All other personal property must be sold at a public auction or by sealed bids. The proceeds of the sale must be applied to the decedent’s unpaid balance for costs incurred at the division facility.

Sec. 32. NRS 435.625 is hereby amended to read as follows:

435.625 Whenever any person admitted to a division facility dies, the administrative officer shall send written notice to the decedent’s legally appointed representative, listing the personal property remaining in the custody or possession of the facility. If there is no demand made upon the administrative officer of the facility by the decedent’s legally appointed representative, all personal property of the decedent remaining in the custody or possession of the administrative officer must be held by the officer for a period of 1 year from the date of the decedent’s death for the benefit of the heirs, legatees or successors of the decedent.

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representative, all personal property of the decedent remaining in the custody or possession of the administrative officer must be held by the officer for a period of 1 year from the date of the decedent’s death for the benefit of the heirs, legatees or successors of the decedent. At the end of this period, another notice must be sent to the decedent’s representative, listing the property and specifying the manner in which the property will be disposed of if not claimed within 15 business days. After 15 business days, all personal property and documents of the decedent, other than cash, remaining unclaimed in the possession of the administrative officer must be disposed of as follows:

1. All documents must be filed by the administrative officer with [the] :

(a) The public administrator of the county from which the consumer was admitted [.] ; or

Ê as applicable.

Sec. 33. NRS 440.250 is hereby amended to read as follows:

440.250 1. Not later than the fifth day of each month, deputy county health officers shall file with the county health officer all original birth and death certificates executed by them.

2. Within 5 days after receipt of the original death certificates, the county health officer shall file with the public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, a written list of the names and social security numbers of all deceased persons and the names of their next of kin as those names appear on the certificates.

Sec. 34. NRS 669.045 is hereby amended to read as follows:

669.045 1. “Fiduciary” means a trustee, executor, administrator, guardian of an estate, personal representative, conservator, assignee for the benefit of creditors, receiver, depositary or person that receives on deposit money or property from a public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, under any provision of this chapter or from another fiduciary.

2. As used in this section, “administrator” includes servicers or administrators of individual retirement accounts within the meaning of section 408(a) of the Internal Revenue Code of 1986, 26 U.S.C. § 408(a), where the servicer or administrator holds itself out to the public for performance of such services and holds or maintains an ownership interest in the servicing rights of such accounts, or possesses or controls any of the assets of such accounts, including cash.

Sec. 35. NRS 704.197 is hereby amended to read as follows:

704.197 1. A public administrator , [or] deputy designated by the public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, may submit a written request to a public utility for the name and address of a person listed in the records of the public utility if the information is necessary to assist the public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, in carrying out the public administrator’s or person’s duties pursuant to chapter 253 of NRS.

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person employed or contracted with pursuant to section 3 of this act, as applicable, in carrying out the public administrator’s or person’s duties pursuant to chapter 253 of NRS.

2. Upon receipt of a written request pursuant to subsection 1, a public utility shall disclose the name and address of the person listed in the records of customers of the public utility to the public administrator , [or] a deputy designated by the public administrator [.] or a person employed or contracted with pursuant to section 3 of this act, as applicable.

3. A disclosure made in good faith pursuant to subsection 1 does not give rise to any action for damages for the disclosure of the name and address of a customer by a public utility.

Sec. 36. Section 3.030 of the Charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 341, Statutes of Nevada 1999, at page 1408, is hereby amended to read as follows:

Sec. 3.030 Clerk: Duties; salary.

1. The provisions of chapter 246 of NRS apply to the Office of Clerk, except that all deputy clerks other than the two provided for in section 2.330 must be appointed pursuant to and are governed by the regulations for the Merit Personnel System.

2. The Clerk shall:

(a) Keep the corporate seal and all books and papers belonging to Carson City.

(b) Attend all meetings of the Board and keep an accurate journal of its proceedings, including a record of all ordinances, bylaws and resolutions passed or adopted by it. After approval of the journal at each meeting of the Board, the Clerk shall attest the journal after it has been signed by the Mayor.

(c) Enter in the journal the results of the vote of the Board upon the passage of ordinances or of any resolution appropriating money, abolishing licenses, or increasing or decreasing the rates of licenses.

(d) Act as ex officio Recorder. The provisions of chapter 247 of NRS apply to the Clerk while acting in that capacity, except that all deputy recorders other than the two provided for in section 2.330 must be appointed pursuant to and as governed by the regulations for the Merit Personnel System.

(e) [Serve] Except as otherwise provided in section 3 of this act, serve as Public Administrator without additional salary. The provisions of chapter 253 of NRS apply to the Office of Clerk while performing the duties of Public Administrator.

(f) Perform such other duties as may be required by:

(1) The Board; or

(2) The provisions of Nevada Revised Statutes,

Ê which apply to county clerks.

3. The Clerk is entitled to an annual salary in the amount specified in NRS 245.043. The Clerk shall not engage in any other business or occupation that creates a conflict of interest between his or her personal interest in the business or occupation and his or her official duties.

Sec. 37. This act becomes effective on July 1, 2019.

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CHAPTER 271, SB 462

Senate Bill No. 462–Committee on Government Affairs

CHAPTER 271

[Approved: June 1, 2019]

AN ACT relating to constables; defining “enterprise fund”; revising certain requirements for constables in certain townships to become certified as a category I or category II peace officer; revising certain provisions to fill a vacancy in the office of constable; providing the compensation of certain deputy constables is subject to the approval of the board of county commissioners; prohibiting certain staff of a constable from carrying or possessing a firearm; requiring a court to collect and forward certain fees related to improper vehicle registration to a constable; revising certain provisions relating to fees a constable is entitled to receive; designating the office of constable as nonpartisan; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law requires each constable and deputy constable to be certified as a category II peace officer in a township whose population: (1) is 100,000 or more, if the township is in a county whose population is 700,000 or more (currently Clark County); and (2) is 250,000 or more, if the township is in a county whose population is less than 700,000 (currently all counties other than Clark County). (NRS 258.007, 258.060) Sections 1.5 and 2 of this bill instead require each constable to be certified as a category I or category II peace officer and each deputy constable to be certified as a category I or category II peace officer: (1) in a township whose population is 15,000 or more; or (2) a township that has within its boundaries a city whose population is 15,000 or more. Section 1.5 also requires a candidate for constable in a township whose population is 100,000 or more to be certified as a category I or category II peace officer before filing a declaration of candidacy for the office. Section 1.5 further provides that a constable forfeits his or her office if he or she fails to obtain or maintain the required certification as a category I or category II peace officer.

Existing law requires the board of county commissioners to appoint a person to fill a vacancy in the office of constable of any township, except for a township that the board has determined does not require an office of constable. (NRS 258.030) Section 1.7 of this bill requires the board of county commissioners to fill a vacancy not later than 60 days after the occurrence of the vacancy.

Existing law authorizes all constables to appoint deputy constables and are responsible for the compensation of such deputy constables. (NRS 258.060) Section 2 provides that if the constable of an office established as an enterprise fund appoints a deputy constable, the compensation of the deputy constable must be approved by the board of county commissioners.

Existing law prohibits a person employed as clerical or operational staff of a constable from possessing or carrying a concealed firearm. (NRS 258.065) Section 2.3 of this bill prohibits a person employed as clerical or operational staff of a constable from possessing or carrying any firearm, including a concealed firearm.

Existing law authorizes a constable to issue a citation to certain owners or drivers whose vehicle is not properly registered and collect a fee from such a person. (NRS 258.070) Section 2.7 of this bill requires a court which imposes punishment upon the person to collect the fee and forward it to the constable who issued the citation.

Existing law establishes that a constable is entitled to receive certain fees for serving a summons or other process in a civil case, executing an order of arrest in a civil case and for collecting sums on execution or writ: (1) 2 percent of the first $3,500; and (2) one-half of 1 percent on all amounts over the first $3,500. A constable is also entitled to receive his or her actual expenses for taking care of property under certain circumstances and for executing an order of arrest in civil cases.

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constable is also entitled to receive his or her actual expenses for taking care of property under certain circumstances and for executing an order of arrest in civil cases. (NRS 258.125) Section 3 of this bill expands the authority of a constable to receive fees for serving a summons or executing an order in a civil case and increases the amount that a constable is entitled to receive for collecting sums on execution or writ on amounts over the first $3,500 to 1 percent. Section 3 provides that a constable is entitled to receive compensation for his or her trouble and expenses. Section 3 further requires a constable of an office established as an enterprise fund to account for and forward every 5 business days any fees received within the preceding period.

Existing law designates certain offices as nonpartisan. (NRS 293.195) Section 4 of this bill includes the office of constable in those offices which are designated nonpartisan. Section 5 of this bill provides that this designation does not apply to a constable who is in office on October 1, 2019, unless he or she is elected or appointed to a term of office on or after October 1, 2019.

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 258 of NRS is hereby amended by adding thereto a new section to read as follows:

“Enterprise fund” has the meaning ascribed to it in NRS 354.517.

Sec. 1.3. NRS 258.001 is hereby amended to read as follows:

258.001 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 258.002, 258.003 and 258.004 and section 1 of this act have the meanings ascribed to them in those sections.

Sec. 1.5. NRS 258.007 is hereby amended to read as follows:

258.007 1. [Each] Except as otherwise provided in subsection 2, each constable of a township whose population is [100,000] 15,000 or more [and which is located in a county whose population is 700,000 or more, and each constable of] or a township that has within its boundaries a city whose population is [250,000] 15,000 or more [and which is located in a county whose population is less than 700,000,] shall become certified by the Peace Officers’ Standards and Training Commission as a category I or category II peace officer within 1 year after the date on which the constable commences his or her term of office or appointment unless the Commission, for good cause shown, grants in writing an extension of time, which must not exceed 6 months.

2. [If a constable does not comply with the provisions of subsection 1, the] Any person who is a candidate for the office of constable in a township whose population is 100,000 or more must be certified by the Peace Officers’ Standards and Training Commission as a category I or category II peace officer before filing a declaration of candidacy for the office. A person who does not comply with the provisions of this subsection is not eligible to be a candidate for the office of constable.

3. A constable forfeits his or her office and a vacancy is created which must be filled in accordance with NRS 258.030 [.] if the constable:

(a) Does not become certified by the Peace Officers’ Standards and Training Commission as required pursuant to subsection 1; or

(b) Does not maintain the certification by the Peace Officers’ Standards and Training Commission required pursuant to subsections 1 or 2 during his or her term of office.

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ê2019 Statutes of Nevada, Page 1555 (CHAPTER 271, SB 462)ê

Sec. 1.7. NRS 258.030 is hereby amended to read as follows:

258.030 Except for those townships that the boards of county commissioners have determined do not require an office of constable, if any vacancy exists or occurs in the office of constable in any township [, the] :

1. The clerk of the board of commissioners shall certify the vacancy to the Secretary of State not later than 10 days after the vacancy occurs; and

2. The board of county commissioners shall appoint a person to fill the vacancy pursuant to NRS 245.170 [.] not later than 60 days after the vacancy occurs.

Sec. 2. NRS 258.060 is hereby amended to read as follows:

258.060 1. All constables may appoint deputies, who are authorized to transact all official business pertaining to the office to the same extent as their principals. A person must not be appointed as a deputy constable unless the person has been a resident of the State of Nevada for at least 6 months before the date of the appointment. A person who is appointed as a deputy constable in a township whose population is [100,000] 15,000 or more [and which is located in a county whose population is 700,000 or more or a deputy constable of] or a township that has within its boundaries a city whose population is [250,000] 15,000 or more [and which is located in a county whose population is less than 700,000] may not commence employment as a deputy constable until the person is certified by the Peace Officers’ Standards and Training Commission as a category I or category II peace officer. The appointment of a deputy constable must not be construed to confer upon that deputy policymaking authority for the office of the county constable or the county by which the deputy constable is employed.

2. Constables are responsible for the compensation of their deputies and are responsible on their official bonds for all official malfeasance or nonfeasance of the same. Bonds for the faithful performance of their official duties may be required of the deputies by the constables.

3. If a constable of an office established by the board of county commissioners as an enterprise fund appoints a deputy, the compensation of the deputy must be approved by the board of county commissioners.

4. All appointments of deputies under the provisions of this section must be in writing and must, together with the oath of office of the deputies, be filed and recorded within 30 days after the appointment in a book provided for that purpose in the office of the recorder of the county within which the constable legally holds and exercises his or her office. Revocations of such appointments must also be filed and recorded as provided in this section within 30 days after the revocation of the appointment. From the time of the filing of the appointments or revocations therein, persons shall be deemed to have notice of the same.

Sec. 2.3. NRS 258.065 is hereby amended to read as follows:

258.065 1. The constable of a township may, subject to the approval of the board of county commissioners, appoint such clerical and operational staff as the work of the constable requires. The compensation of any person so appointed must be fixed by the board of county commissioners.

2. A person who is employed as clerical or operational staff of a constable:

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ê2019 Statutes of Nevada, Page 1556 (CHAPTER 271, SB 462)ê

(a) Does not have the powers of a peace officer; and

(b) May not possess a weapon or carry a [concealed] firearm, regardless of whether the person possesses a permit to carry a concealed firearm issued pursuant to NRS 202.3653 to 202.369, inclusive, while performing the duties of the office of the constable.

3. The board of county commissioners may appoint for the constable of a township a reasonable number of clerks. The compensation of any clerk so appointed must be fixed by the board of county commissioners.

4. A constable’s clerk shall take the constitutional oath of office and give bond in the sum of $2,000 for the faithful discharge of the duties of the office, and in the same manner as is or may be required of other officers of that township and county.

5. A constable’s clerk shall do all clerical work in connection with keeping the records and files of the office, and shall perform such other duties in connection with the office as the constable shall prescribe.

Sec. 2.7. NRS 258.070 is hereby amended to read as follows:

258.070 1. Subject to the provisions of subsections 2 and 3, each constable shall:

(a) Be a peace officer.

(b) Execute the process, writs or warrants of courts of justice, judicial officers and coroners, when delivered to the constable for that purpose.

2. Subject to the provisions of subsection 3, a constable or deputy constable has the powers of a peace officer:

(a) For the discharge of duties as are or may be prescribed by law;

(b) For the purpose of arresting a person for a public offense committed or attempted in the presence of the constable or deputy constable, if the constable or deputy constable has reasonable cause to believe that the arrest is necessary to prevent harm to other persons or the escape of the person who committed or attempted the public offense; and

(1) In an area within the limits of an incorporated city, for the purposes authorized by and with the consent of the chief of police of the city; and

(2) In an area that is not within the limits of an incorporated city, for the purposes authorized by and with the consent of the sheriff of the county.

3. The constable and each deputy constable of a township shall not carry a firearm in the performance of his or her duties unless:

(a) The constable has adopted a written policy on the use of deadly force by the constable and each deputy constable; and

(b) The constable and each deputy constable has received training regarding the policy.

4. A constable or deputy constable authorized to carry a firearm pursuant to subsection 3 must receive training approved by the Peace Officers’ Standards and Training Commission in the use of firearms at least once every 6 months.

5. A constable or deputy constable who wears a uniform in the performance of his or her duties shall display prominently as part of that uniform a badge, nameplate or other uniform piece which clearly displays the name or an identification number of the constable or deputy constable.

6. Pursuant to the procedures and subject to the limitations set forth in chapters 482 and 484A to 484E, inclusive, of NRS, a constable may issue a citation to an owner or driver, as appropriate, of a vehicle which is located in his or her township at the time the citation is issued and which is required to be registered in this State if the constable determines that the vehicle is not properly registered.

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ê2019 Statutes of Nevada, Page 1557 (CHAPTER 271, SB 462)ê

citation to an owner or driver, as appropriate, of a vehicle which is located in his or her township at the time the citation is issued and which is required to be registered in this State if the constable determines that the vehicle is not properly registered. Upon the imposition of punishment pursuant to NRS 482.385 on the person to whom the citation is issued, the constable is entitled to charge and collect a fee of $100 from the person to whom the citation is issued, which [may] :

(a) Must be collected by a court that imposes punishment pursuant to NRS 482.385 on behalf of the constable who issued the citation and forwarded by the court to the constable; and

(b) May be retained by the constable as compensation.

7. If a sheriff or the sheriff’s deputy in any county in this State arrests a person charged with a criminal offense or in the commission of an offense, the sheriff or the sheriff’s deputy shall serve all process, whether mesne or final, and attend the court executing the order thereof in the prosecution of the person so arrested, whether in a justice court or a district court, to the conclusion, and whether the offense is an offense of which a justice of the peace has jurisdiction, or whether the proceeding is a preliminary examination or hearing. The sheriff or the sheriff’s deputy shall collect the same fees and in the same manner therefor as the constable of the township in which the justice court is held would receive for the same service.

Sec. 3. NRS 258.125 is hereby amended to read as follows:

258.125 1. Constables are entitled to the following fees for their services:

For serving a summons or any other process [by which a suit is commenced] in civil cases $17

For summoning a jury before a justice of the peace................................. 7

For taking a bond or undertaking................................................................ 5

For serving an attachment against the property of a defendant.......... 15

For serving subpoenas, for each witness................................................ 15

For a copy of any writ, process or order or other paper, when demanded or required by law, per folio 3

For drawing and executing every constable’s deed, to be paid by the grantee, who must also pay for the acknowledgment thereof..................................................................................................... 20

For each certificate of sale of real property under execution.................. 5

For levying any writ of execution or writ of garnishment, or executing an order of arrest in civil cases, [or] order for delivery of personal property [,] or any other order in a civil case, except an order of eviction, with traveling fees as for summons................................................................................................. 15

For serving one notice required by law before the commencement of a proceeding for any type of eviction 26

For serving not fewer than 2 nor more than 10 such notices to the same location, each notice 20

For serving not fewer than 11 nor more than 24 such notices to the same location, each notice 17

For serving 25 or more such notices to the same location, each notice 15

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ê2019 Statutes of Nevada, Page 1558 (CHAPTER 271, SB 462)ê

Except as otherwise provided in subsection 3, for mileage in serving such a notice, for each mile necessarily and actually traveled in going only.......................................................................... $2

But if two or more notices are served at the same general location during the same period, mileage may only be charged for the service of one notice.

For each service in a summary eviction, except service of any notice required by law before commencement of the proceeding, and for serving notice of and executing a writ of restitution 21

For making and posting notices, and advertising property for sale on execution, not to include the cost of publication in a newspaper.............................................................................................. 15

For each warrant lawfully executed, unless a higher amount is established by the board of county commissioners 48

For mailing a notice of a writ of execution................................................. 2

Except as otherwise provided in subsection 3, for mileage in serving summons, attachment, execution, order, venire, subpoena, notice, summary eviction, writ of restitution or other process in civil suits, for each mile necessarily and actually traveled, in going only............................................................ 2

But when two or more persons are served in the same suit, mileage may only be charged for the most distant, if they live in the same direction.

Except as otherwise provided in subsection 3, for mileage in making a diligent but unsuccessful effort to serve a summons, attachment, execution, order, venire, subpoena or other process in civil suits, for each mile necessarily and actually traveled, in going only........................................................................... 2

But mileage may not exceed $20 for any unsuccessful effort to serve such process.

2. A constable is also entitled to receive:

(a) For receiving and taking care of property on execution, attachment or order, and for executing an order of arrest in civil cases, compensation for the constable’s [actual necessary expenses,] trouble and expense, to be allowed by the court which issued the writ or order, upon the affidavit of the constable that the charges are correct and the expenses necessarily incurred.

(b) For collecting all sums on execution or writ, to be charged against the defendant, on the first $3,500, 2 percent thereof, and on all amounts over that sum, [one-half of] 1 percent.

(c) For service in criminal cases, the same fees as are allowed sheriffs for like services, to be allowed, audited and paid as are other claims against the county.

(d) For removing or causing the removal of, pursuant to NRS 487.230, a vehicle that has been abandoned on public property, $100.

(e) For providing any other service authorized by law for which no fee is established by this chapter, the fee provided for by ordinance by the board of county commissioners.

3. For each service for which a constable is otherwise entitled pursuant to subsection 1 to a fee based on the mileage necessarily and actually traveled in performing the service, a board of county commissioners may provide by ordinance for the constable to be entitled, at the option of the person paying the fee, to a flat fee for the travel costs of that service.

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ê2019 Statutes of Nevada, Page 1559 (CHAPTER 271, SB 462)ê

traveled in performing the service, a board of county commissioners may provide by ordinance for the constable to be entitled, at the option of the person paying the fee, to a flat fee for the travel costs of that service.

4. Deputy sheriffs acting as constables are not entitled to retain for their own use any fees collected by them, but the fees must be paid into the county treasury on or before the fifth working day of the month next succeeding the month in which the fees were collected.

5. [Constables] Except as otherwise provided in subsection 6, constables shall, on or before the fifth working day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which may be retained as compensation.

6. Every 5 business days, constables in an office established by the board of county commissioners as an enterprise fund shall account for and pay to the county treasurer any fee collected during the preceding period.

Sec. 4. NRS 293.195 is hereby amended to read as follows:

293.195 1. Judicial offices, school offices, the office of county sheriff, the Board of Regents of the University of Nevada, city and town officers, the office of constable, the State Board of Education and members of boards of hospital trustees of public hospitals are hereby designated nonpartisan offices.

2. No words designating the party affiliation of a candidate for nonpartisan offices may be printed upon the ballot.

Sec. 5. The amendatory provisions of sections 1.5 and 4 of this act do not apply to a constable who is in office on October 1, 2019, unless the constable files a declaration of candidacy or is elected or appointed to a term of office on or after October 1, 2019, as applicable.

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CHAPTER 272, SB 10

Senate Bill No. 10–Committee on Government Affairs

CHAPTER 272

[Approved: June 1, 2019]

AN ACT relating to general improvement districts; clarifying the term “compensation”; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law sets the maximum compensation a member of a board of trustees of a general improvement district may receive. (NRS 318.085) This bill clarifies that “compensation” does not include any contribution made to the Public Employees’ Retirement System on behalf of a member of a board of trustees.

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 318.085 is hereby amended to read as follows:

318.085 Except as otherwise provided in NRS 318.0953 and 318.09533:

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ê2019 Statutes of Nevada, Page 1560 (CHAPTER 272, SB 10)ê

1. After taking oaths and filing bonds, the board shall choose one of its members as chair of the board and president of the district, and shall elect a secretary and a treasurer of the board and of the district, who may or may not be members of the board. The secretary and the treasurer may be one person.

2. The board shall adopt a seal.

3. The secretary shall keep audio recordings or transcripts of all meetings and, in a well-bound book, a record of all of the board’s proceedings, minutes of all meetings, any certificates, contracts, bonds given by employees and all corporate acts. Except as otherwise provided in NRS 241.035, the book, audio recordings, transcripts and records must be open to inspection of all owners of real property in the district as well as to all other interested persons. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.

4. The treasurer shall keep strict and accurate accounts of all money received by and disbursed for and on behalf of the district in permanent records. The treasurer shall file with the county clerk, at the expense of the district, a corporate surety bond in an amount not more than $50,000, the form and exact amount thereof to be approved and determined, respectively, by the board of county commissioners, conditioned for the faithful performance of the duties of his or her office. Any other officer or trustee who actually receives or disburses money of the district shall furnish a bond as provided in this subsection. The board of county commissioners may, upon good cause shown, increase or decrease the amount of that bond.

5. Except as otherwise provided in this subsection, each member of a board of trustees of a district organized or reorganized pursuant to this chapter may receive as compensation for his or her service not more than $6,000 per year. Each member of a board of trustees of a district that is organized or reorganized pursuant to this chapter and which is granted the powers set forth in NRS 318.140, 318.142 and 318.144 may receive as compensation for his or her service not more than $9,000 per year. The compensation of the members of a board is payable monthly, if the budget is adequate and a majority of the members of the board vote in favor of such compensation, but no member of the board may receive any other compensation for his or her service to the district as an employee or otherwise. Each member of the board must receive the same amount of compensation. If a majority of the members of the board vote in favor of an increase in the compensation of the trustees, the increase may not become effective until January 1 of the calendar year immediately following the next biennial election of the district as set forth in NRS 318.095.

6. As used in this section, “compensation” does not include any contribution made to the Public Employees’ Retirement System on behalf of a member of the board of trustees.

Sec. 2. This act becomes effective on July 1, 2019.

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ê2019 Statutes of Nevada, Page 1561ê

CHAPTER 273, SB 12

Senate Bill No. 12–Committee on Government Affairs

CHAPTER 273

[Approved: June 1, 2019]

AN ACT relating to counties; authorizing a county to use revenue collected from certain telephone surcharges to pay for an analysis or audit of the surcharges collected by a telecommunications provider, certain costs related to a master plan and certain costs for personnel and training associated with portable event recording devices and vehicular event recording devices; providing the conditions under which the audits may be performed; prioritizing the expenditure of the proceeds of certain telephone surcharges; requiring a recipient of money collected from the surcharge to repay or return that money under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law authorizes a board of county commissioners to impose a surcharge for the enhancement of the telephone system for reporting an emergency if the board adopts and reviews, at least annually, a 5-year master plan for the enhancement of that system or the purchase and maintenance of certain recording devices. (NRS 244A.7643) If a county imposes such a surcharge, the revenue collected from the surcharge must be deposited in a special revenue fund and used only for certain purposes. (NRS 244A.7645)

Section 1.3 of this bill authorizes the revenue collected from the surcharge to also be used to pay for the costs of an analysis or audit of the surcharges collected by a telecommunications provider. Section 1 of this bill authorizes the board of county commissioners in a county where a surcharge is imposed to engage an independent auditor to perform such an analysis or audit: (1) as part of the mandatory review of the 5-year master plan; or (2) if a previous analysis or audit revealed evidence of a violation of certain provisions of law with respect to the amount of money a telecommunications provider collected or remitted to the county.

Section 1.3 further authorizes the revenue collected from the surcharge to also be used for personnel and training associated with: (1) maintaining, updating and operating the equipment, hardware and software of portable event recording devices and vehicular event recording devices; and (2) the maintenance, retention and redaction of audio and video events recorded on portable event recording devices and vehicular event recording devices.

Section 1.3 establishes the order of priority that revenue collected from the surcharge may be expended.

Section 1.3 also requires a recipient to: (1) return money not used within 6 months for an approved purpose; (2) repay any money that is not used for an approved purpose; and (3) repay any amount to which the recipient was not entitled to receive.

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ê2019 Statutes of Nevada, Page 1562 (CHAPTER 273, SB 12)ê

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 244A of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in subsection 3, if a surcharge is imposed in a county pursuant to NRS 244A.7643, the board of county commissioners of that county may, as part of its review of the 5-year master plan adopted pursuant to NRS 244A.7643 for the enhancement of the telephone system for reporting emergencies in the county or for the purpose of purchasing and maintaining portable event recording devices and vehicular event recording devices, as applicable, engage a qualified independent auditor to perform an analysis or audit of the surcharges collected by telecommunications providers in the county.

2. An auditor that performs an analysis or audit pursuant to this section:

(a) Shall not charge a fee exceeding the actual costs of performing the analysis or audit.

(b) Shall submit a report of his or her findings to the advisory committee of the county established pursuant to NRS 244A.7645.

3. If an auditor performing an analysis or audit of the surcharges collected by telecommunications providers finds in the course of conducting the analysis or audit evidence of a violation of the provisions of NRS 244A.7643, with respect to the amount of money collected or remitted to the county treasurer by a telecommunications provider, the board of county commissioners may engage a qualified independent auditor to perform an additional analysis or audit of the surcharges collected by the telecommunications provider before the next review of the 5-year master plan is conducted.

Sec. 1.3. NRS 244A.7645 is hereby amended to read as follows:

244A.7645 1. If a surcharge is imposed pursuant to NRS 244A.7643 in a county whose population is 100,000 or more, the board of county commissioners of that county shall establish by ordinance an advisory committee to develop a plan to enhance the telephone system for reporting an emergency in that county and to oversee any money allocated for that purpose. The advisory committee must:

(a) Consist of not less than five members who:

(1) Are residents of the county;

(2) Possess knowledge concerning telephone systems for reporting emergencies; and

(3) Are not elected public officers.

(b) Subject to the provisions of subparagraph (3) of paragraph (a), include the chief law enforcement officer or his or her designee from each office of the county sheriff, metropolitan police department, police department of an incorporated city within the county and department, division or municipal court of a city or town that employs marshals within the county, as applicable.

2. If a surcharge is imposed pursuant to NRS 244A.7643 in a county whose population is less than 100,000, the board of county commissioners of that county shall establish by ordinance an advisory committee to develop a plan to enhance or improve the telephone system for reporting an emergency in that county and to oversee any money allocated for that purpose.

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ê2019 Statutes of Nevada, Page 1563 (CHAPTER 273, SB 12)ê

plan to enhance or improve the telephone system for reporting an emergency in that county and to oversee any money allocated for that purpose. The advisory committee must:

(a) Consist of not less than five members who:

(1) Are residents of the county;

(2) Possess knowledge concerning telephone systems for reporting emergencies; and

(3) Are not elected public officers.

(b) Include a representative of an incumbent local exchange carrier which provides service to persons in that county. As used in this paragraph, “incumbent local exchange carrier” has the meaning ascribed to it in 47 U.S.C. § 251(h)(1), as that section existed on October 1, 1999, and includes a local exchange carrier that is treated as an incumbent local exchange carrier pursuant to that section.

(c) Subject to the provisions of subparagraph (3) of paragraph (a), include the chief law enforcement officer or his or her designee from each office of the county sheriff, metropolitan police department, police department of an incorporated city within the county and department, division or municipal court of a city or town that employs marshals within the county, as applicable.

3. If a surcharge is imposed in a county pursuant to NRS 244A.7643, the board of county commissioners of that county shall create a special revenue fund of the county for the deposit of the money collected pursuant to NRS 244A.7643. The money in the fund must be used only:

(a) To pay the costs of adopting and reviewing the 5-year master plan for the enhancement of the telephone system for reporting emergencies in the county that is required pursuant to NRS 244A.7643.

(b) With respect to the telephone system for reporting an emergency:

(1) In a county whose population is 45,000 or more, to enhance the telephone system for reporting an emergency, including only:

(I) Paying recurring and nonrecurring charges for telecommunication services necessary for the operation of the enhanced telephone system;

(II) Paying costs for personnel and training associated with the routine maintenance and updating of the database for the system;

(III) Purchasing, leasing or renting the equipment and software necessary to operate the enhanced telephone system, including, without limitation, equipment and software that identify the number or location from which a call is made; and

(IV) Paying costs associated with any maintenance, upgrade and replacement of equipment and software necessary for the operation of the enhanced telephone system.

(2) In a county whose population is less than 45,000, to improve the telephone system for reporting an emergency in the county.

[(b)] (c) With respect to purchasing and maintaining portable event recording devices and vehicular event recording devices, [paying] :

(1) Paying costs associated with the acquisition, maintenance, storage of data, upgrade and replacement of equipment and software necessary for the operation of portable event recording devices and vehicular event recording devices or systems that consist of both portable event recording devices and vehicular event recording devices [.] ;

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ê2019 Statutes of Nevada, Page 1564 (CHAPTER 273, SB 12)ê

(2) Paying costs for personnel and training associated with maintaining, updating and operating the equipment, hardware and software necessary for portable event recording devices and vehicular event recording devices or systems that consist of both portable event recording devices and vehicular event recording devices; and

(3) Paying costs for personnel and training associated with the maintenance, retention and redaction of audio and video events recorded on portable event recording devices and vehicular event recording devices or systems that consist of both portable event recording devices and vehicular event recording devices.

(d) To pay any costs associated with performing an analysis or audit pursuant to section 1 of this act of the surcharges collected by telecommunications providers.

4. For the purposes described in subsection 3, money in the fund must be expended in the following order of priority:

(a) Paying the costs authorized pursuant to paragraph (a) of subsection 3 to adopt and review the 5-year master plan.

(b) If the county performs an analysis or audit described in section 1 of this act, paying the costs associated authorized pursuant to paragraph (d) of subsection 3.

(d) If the county has imposed a portion of the surcharge for purposes of purchasing and maintaining portable event recording devices and vehicular event recording devices:

(1) Paying the costs authorized pursuant to paragraph (c) of subsection 3 other than costs related to personnel and training.

(2) Paying the costs authorized pursuant to paragraph (c) of subsection 3 related to personnel.

(3) Paying the costs authorized pursuant to paragraph (c) of subsection 3 related to training.

5. If money in the fund is distributed to a recipient and:

(a) The recipient has not used the money for any purpose authorized pursuant to subsection 3 within 6 months, the recipient must:

(1) Notify the board of county commissioners and the advisory committee; and

(2) Return the unused money.

(b) The recipient used any portion of the money for a purpose that is not authorized pursuant to subsection 3, the recipient must:

(1) Notify the board of county commissioners and the advisory committee; and

(2) Repay the portion of the money that was used for a purpose not authorized pursuant to subsection 3.

(1) Notify the board of county commissioners and the advisory committee; and

(2) Repay all money to which the recipient was not entitled to receive.

6. If the balance in the fund created in a county whose population is 100,000 or more pursuant to subsection 3 which has not been committed for expenditure exceeds $5,000,000 at the end of any fiscal year, the board of county commissioners shall reduce the amount of the surcharge imposed during the next fiscal year by the amount necessary to ensure that the unencumbered balance in the fund at the end of the next fiscal year does not exceed $5,000,000.

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ê2019 Statutes of Nevada, Page 1565 (CHAPTER 273, SB 12)ê

county commissioners shall reduce the amount of the surcharge imposed during the next fiscal year by the amount necessary to ensure that the unencumbered balance in the fund at the end of the next fiscal year does not exceed $5,000,000.

[5.] 7. If the balance in the fund created in a county whose population is 45,000 or more but less than 100,000 pursuant to subsection 3 which has not been committed for expenditure exceeds $1,000,000 at the end of any fiscal year, the board of county commissioners shall reduce the amount of the surcharge imposed during the next fiscal year by the amount necessary to ensure that the unencumbered balance in the fund at the end of the next fiscal year does not exceed $1,000,000.

[6.] 8. If the balance in the fund created in a county whose population is less than 45,000 pursuant to subsection 3 which has not been committed for expenditure exceeds $500,000 at the end of any fiscal year, the board of county commissioners shall reduce the amount of the surcharge imposed during the next fiscal year by the amount necessary to ensure that the unencumbered balance in the fund at the end of the next fiscal year does not exceed $500,000.

Sec. 1.7. 1. Notwithstanding the provisions of section 1 of this act, the board of county commissioners of a county where a surcharge is imposed pursuant to NRS 244A.7643 may, between July 1, 2019, and July 1, 2020, engage an independent auditor to perform an analysis or audit of the surcharges collected by telecommunications providers.

2. An auditor that performs an analysis or audit pursuant to this section:

(a) Shall not charge a fee exceeding the actual costs of performing the analysis or audit.

(b) Shall submit a report of his or her findings to the advisory committee of the county established pursuant to NRS 244A.7645.

3. If a board of county commissioners has an analysis or audit performed pursuant to this section, the board may use money in the special revenue fund created pursuant to NRS 244A.7645, as amended by section 1.3 of this act, to pay the costs of performing the analysis or audit.

Sec. 2. This act becomes effective on July 1, 2019.

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CHAPTER 274, SB 14

Senate Bill No. 14–Committee on Government Affairs

CHAPTER 274

[Approved: June 1, 2019]

AN ACT relating to governmental administration; authorizing the Governor to remove certain gubernatorial appointees to boards, commissions or similar bodies under certain circumstances; authorizing the Governor to remove appeals officers under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law authorizes the Governor to remove from their positions gubernatorial appointees to certain boards, commissions and similar bodies, such as the Board of Examiners for Long-Term Care Administrators, the State Board of Pharmacy and the State Board of Landscape Architecture, among others.

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ê2019 Statutes of Nevada, Page 1566 (CHAPTER 274, SB 14)ê

Pharmacy and the State Board of Landscape Architecture, among others. (NRS 623A.080, 639.030, 654.080) The Governor is not explicitly authorized to remove gubernatorial appointees to other boards, such as the State Board of Professional Engineers and Land Surveyors, the Nevada Funeral and Cemetery Services Board and the Certified Court Reporters’ Board of Nevada, among others. (NRS 625.100, 642.020, 656.040) Section 1 of this bill: (1) declares any gubernatorial appointee to any board, commission or similar body to be a civil officer of this State; and (2) authorizes the Governor to remove such an appointee for malfeasance or nonfeasance in the performance of his or her duties unless a specific statute requires other removal procedures. Section 1 requires that the Governor give the appointee 45 days’ notice of the removal unless the Governor determines that circumstances require the immediate removal of the appointee.

Existing law requires the Governor to appoint one or more appeals officers to conduct hearings and appeals in contested cases involving industrial insurance benefits for injuries or death. Appeals officers must be licensed attorneys and are appointed for 2-year terms. (NRS 616C.340) Section 2 of this bill: (1) declares an appeals officer to be a civil officer of this State; and (2) authorizes the Governor to remove an appeals officer prior to the expiration of his or her term for malfeasance or nonfeasance in the performance of his or her duties or if his or her license to practice law is revoked or suspended. Section 2 requires that the Governor give the appeals officer 45 days’ notice of the removal unless the Governor determines that circumstances require the immediate removal of the appeals officer.

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 232A of NRS is hereby amended by adding thereto a new section to read as follows:

1. Each member of a board, commission or similar body appointed by the Governor is deemed to be a civil officer of this State for the purposes of Section 4 of Article 7 of the Nevada Constitution.

2. Except as otherwise provided by a specific statute, the Governor may remove any member of a board, commission or similar body appointed by the Governor for malfeasance or nonfeasance in the performance of his or her duties. The Governor shall provide the member 45 days’ notice of the removal unless the Governor determines that circumstances warrant immediate removal.

3. The provisions of this section which deem the holders of certain positions to be civil officers of this State:

(a) Are intended to supplement all other provisions of statute or case law which make the holders of certain positions be civil officers of this State; and

(b) Must not be construed to make the holder of any position not described in this section not be a civil officer of this State.

Sec. 2. NRS 616C.340 is hereby amended to read as follows:

616C.340 1. The Governor shall appoint one or more appeals officers to conduct hearings and appeals as required pursuant to chapters 616A to 617, inclusive, of NRS. Each appeals officer appointed by the Governor is deemed to be a civil officer of this State for the purposes of Section 4 of Article 7 of the Nevada Constitution. Each appeals officer shall hold office for 2 years after the date of his or her appointment and until the successor of the appeals officer is appointed and has qualified.

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ê2019 Statutes of Nevada, Page 1567 (CHAPTER 274, SB 14)ê

the appeals officer is appointed and has qualified. Each appeals officer is entitled to receive an annual salary in an amount provided by law and is in the unclassified service of the State.

2. Each appeals officer must be an attorney who has been licensed to practice law before all the courts of this State for at least 2 years. Except as otherwise provided in NRS 7.065, an appeals officer shall not engage in the private practice of law.

3. If an appeals officer determines that he or she has a personal interest or a conflict of interest, directly or indirectly, in any case which is before him or her, the appeals officer shall disqualify himself or herself from hearing the case.

4. The Governor may appoint one or more special appeals officers to conduct hearings and appeals as required pursuant to chapters 616A to 617, inclusive, of NRS. Each special appeals officer appointed by the Governor is deemed to be a civil officer of this State for the purposes of Section 4 of Article 7 of the Nevada Constitution. The Governor shall not appoint an attorney who represents persons in actions related to claims for compensation to serve as a special appeals officer.

5. A special appeals officer appointed pursuant to subsection 4 is vested with the same powers as a regular appeals officer. A special appeals officer may hear any case in which a regular appeals officer has a conflict, or any case assigned to the special appeals officer by the senior appeals officer to assist with a backlog of cases. A special appeals officer is entitled to be paid at an hourly rate, as determined by the Department of Administration.

6. The Governor may remove any appeals officer or special appeals officer for malfeasance or nonfeasance in the performance of his or her duties. The Governor may remove any appeals officer whose license to practice law has become void or has been revoked or suspended. The Governor shall provide the appeals officer or special appeals officer 45 days’ notice of the removal unless the Governor determines that circumstances warrant immediate removal.

7. The decision of an appeals officer is the final and binding administrative decision on a claim for compensation under chapters 616A to 616D, inclusive, or chapter 617 of NRS, and the whole record consists of all evidence taken at the hearing before the appeals officer and any findings of fact and conclusions of law based thereon.

8. The provisions of this section which deem the holders of certain positions to be civil officers of this State:

(a) Are intended to supplement all other provisions of statute or case law which make the holders of certain positions be civil officers of this State; and

(b) Must not be construed to make the holder of any position not described in this section not be a civil officer of this State.

Sec. 3. The amendatory provisions of this act apply to any person who has been appointed to office before, on or after the effective date of this act.

Sec. 4. This act becomes effective upon passage and approval.

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ê2019 Statutes of Nevada, Page 1568ê

CHAPTER 275, SB 71

Senate Bill No. 71–Committee on Growth and Infrastructure

CHAPTER 275

[Approved: June 1, 2019]

AN ACT relating to vehicles; revising provisions regarding the expiration of registration for vehicles registered through the Motor Carrier Division of the Department of Motor Vehicles; authorizing certain motor carriers to provide evidence of registration and other licenses in an electronic format; providing that certain persons are jointly and severally liable with certain other persons for payment to the Department of certain taxes and fees relating to fuel; revising the definitions of “supplier” and “special fuel supplier” to include a person who exports certain types of fuel; authorizing the Department to enter into agreements with certain persons for the issuance and renewal of a special fuel users license; authorizing a special fuel user to provide evidence of a special fuel user’s license in an electronic format; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law requires certain vehicles to be registered through the Motor Carrier Division of the Department of Motor Vehicles. (NRS 482.206, 482.217, 482.276, 482.2916, 706.188) The registration generally expires 12 months after the date of first registration, with an exception for certain apportioned interstate vehicles, for which the registration expires on a date set by the Department in regulation. Section 1 of this bill provides that the registration of any vehicle which is required to be registered through the Motor Carrier Division expires on a date established by the Department by regulation. Section 12.5 of this bill makes a conforming change.

Existing law also requires the owner of a registered vehicle to place a certificate of registration or a legible copy of the certificate of registration in the vehicle and to keep it in the vehicle. (NRS 482.255) Section 1.5 of this bill authorizes a person who is required to register through the Motor Carrier Division to provide evidence of registration in an electronic format that can be displayed on an electronic device, which must be carried in the vehicle, or be accessible to law enforcement or other emergency personnel by other means. Section 1.5 also provides that a person who presents evidence of registration by means of an electronic device assumes all liability for any resulting damage to the device and provides that the owner of the vehicle may be held liable for any other infractions indicated by the electronic image displaying evidence of registration.

Existing law requires certain taxes and fees on certain types of vehicle fuel be paid to the Department of Motor Vehicles, and authorizes the Department to impose penalties and interest if such payment is deficient or not timely paid. (NRS 360A.100) Section 2 of this bill provides that a responsible person who willfully fails to collect or pay to the Department any such taxes or fees or attempts to evade such payment is jointly and severally liable with any other person who is required to pay the tax or fee. Section 2 defines a “responsible person” to include a person whose job or duty it is to collect, account for or pay any such tax or fee and who attests to the accuracy of the payment of the tax or fee under penalty of perjury, including: (1) an officer or employee of a corporation; and (2) a member or employee of a partnership or limited-liability company.

Existing law defines “supplier” for the purposes of laws governing motor vehicle fuel, except aviation fuel, and “special fuel supplier” for the purposes of laws governing special fuels. (NRS 365.084, 366.070) Sections 3 and 6 of this bill add to the definitions of “supplier” and “special fuel supplier” a person who exports the respective fuels to a location outside of this State.

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the definitions of “supplier” and “special fuel supplier” a person who exports the respective fuels to a location outside of this State.

Existing law requires certain special fuel users to be licensed by the Department. (NRS 366.220, 366.221) Section 5 of this bill authorizes the Department to enter into an agreement with a special fuel user, or a service provider who is authorized by the Department to perform certain functions on behalf of a special fuel user, to authorize the special fuel user or service provider to issue a special fuel user’s license, renew a special fuel user’s license and issue certain identifying devices required for certain special fuel users. Such a special fuel user or service provider must file a bond or certain other form of security with the Department. Sections 8-10 of this bill make conforming changes. Section 9 authorizes a special fuel user to keep his or her special fuel user’s license in his or her vehicle on an electronic device which displays the license in an electronic format. Section 9 also provides that the person who presents proof of licensure by means of an electronic device assumes all liability for any resulting damage to the device, and provides that the licensee may be held liable for any other infractions indicated by the electronic image displaying evidence of licensure.

Existing law authorizes the Department to enter into a cooperative agreement with other states and countries for the exchange of information regarding, and the auditing of, persons who use special fuel in motor vehicles operated or intended to operate interstate. (NRS 366.175) Section 7 of this bill identifies that agreement as the International Fuel Tax Agreement.

Existing law requires a special fuel user who fails to file a tax return or pay excise tax by the due date to pay a delinquent filing fee of $50 and a penalty of 10 percent of the amount of tax owed. (NRS 366.395) Section 11 of this bill requires such a person to pay either the delinquent filing fee or the penalty of 10 percent of the amount owed, whichever is greater.

Existing law authorizes the Department to enter into an agreement with certain departments or agencies of other states or countries regarding: (1) a plan concerning registration fees and certain other taxes; and (2) requirements that apply to certain vehicles that operate between this State and such other states or countries. (NRS 706.826) Section 12 of this bill identifies that plan as the International Registration 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. NRS 482.206 is hereby amended to read as follows:

482.206 1. Except as otherwise provided in this section and NRS 482.2065, every motor vehicle, except for a motor vehicle that is required to be registered [pursuant to the provisions of NRS 706.801 to 706.861, inclusive,] through the Motor Carrier Division of the Department, and except for a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483 or a moped registered pursuant to NRS 482.2155, must be registered for a period of 12 consecutive months beginning the day after the first registration by the owner in this State.

2. Except as otherwise provided in subsections 7 and 8 and NRS 482.2065, every vehicle registered by an agent of the Department or a registered dealer must be registered for 12 consecutive months beginning the first day of the month after the first registration by the owner in this State.

3. Except as otherwise provided in subsection 7 and NRS 482.2065, a motor vehicle which must be registered through the Motor Carrier Division of the Department, including, without limitation:

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ê2019 Statutes of Nevada, Page 1570 (CHAPTER 275, SB 71)ê

(a) Pursuant to the provisions of NRS 706.801 to 706.861, inclusive; or [a]

(b) As a commercial motor vehicle which has a declared gross weight in excess of [26,000] 10,000 pounds,

Ê must be registered for a period of 12 consecutive months beginning on the date established by the Department by regulation.

4. Upon the application of the owner of a fleet of vehicles [,] which are not required to be registered through the Motor Carrier Division of the Department, the Director may permit the owner to register the fleet on the basis of a calendar year.

5. Except as otherwise provided in subsections 6, 7 and 8, when the registration of any vehicle is transferred pursuant to NRS 482.399, the expiration date of each regular license plate, special license plate or substitute decal must, at the time of the transfer of registration, be advanced for a period of 12 consecutive months beginning:

(a) The first day of the month after the transfer, if the vehicle is transferred by an agent of the Department; or

(b) The day after the transfer in all other cases,

Ê and a credit on the portion of the fee for registration and the governmental services tax attributable to the remainder of the current period of registration must be allowed pursuant to the applicable provisions of NRS 482.399.

6. When the registration of any trailer that is registered for a 3-year period pursuant to NRS 482.2065 is transferred pursuant to NRS 482.399, the expiration date of each license plate or substitute decal must, at the time of the transfer of the registration, be advanced, if applicable pursuant to NRS 482.2065, for a period of 3 consecutive years beginning:

(a) The first day of the month after the transfer, if the trailer is transferred by an agent of the Department; or

(b) The day after the transfer in all other cases,

7. A full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483 is registered until the date on which the owner of the full trailer or semitrailer:

(a) Transfers the ownership of the full trailer or semitrailer; or

(b) Cancels the registration of the full trailer or semitrailer and surrenders the license plates to the Department.

8. A moped that is registered pursuant to NRS 482.2155 is registered until the date on which the owner of the moped:

(a) Transfers the ownership of the moped; or

(b) Cancels the registration of the moped and surrenders the license plate to the Department.

Sec. 1.5. NRS 482.255 is hereby amended to read as follows:

482.255 1. [Upon] Except as otherwise provided in subsection 2, upon receipt of a certificate of registration, the registered owner shall place it or a legible copy in the vehicle for which it is issued and keep it in the vehicle. If the vehicle is a motorcycle, moped, trailer or semitrailer, the registered owner shall carry the certificate in the tool bag or other convenient receptacle attached to the vehicle.

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ê2019 Statutes of Nevada, Page 1571 (CHAPTER 275, SB 71)ê

2. The registered owner of a vehicle which, pursuant to the plan, must be registered through the Motor Carrier Division of the Department, in lieu of carrying a certificate of registration or a legible copy in the vehicle, may provide evidence of registration and other applicable licenses as an electronic image in an electronic format that can be displayed:

(a) On an electronic device, which must be carried in the vehicle; or

(b) Through other means by which the electronic image is accessible to law enforcement or other emergency personnel upon request, including, without limitation, a radio frequency identifying device.

3. The registered owner or operator of a motor vehicle shall, upon demand, surrender the certificate of registration , [or] the copy , the electronic device or access to the electronic image for examination to any peace officer, including a constable of the township in which the motor vehicle is located or a justice of the peace or a deputy of the Department.

[3.] 4. No person charged with violating this section may be convicted if the person produces in court a certificate of registration or evidence of registration in an electronic format which was previously issued to him or her and was valid at the time of the demand.

5. If the evidence of registration and other applicable licenses is provided by means of an electronic device:

(a) The person who presents the device assumes all liability for any resulting damage to the device;

(b) The owner of the electronic device may be held liable for any other infractions indicated by the electronic image displaying evidence of registration and other applicable licenses.

6. As used in this section, “plan” means the International Registration Plan.

Sec. 2. Chapter 360A of NRS is hereby amended by adding thereto a new section to read as follows:

1. A responsible person who willfully fails to collect or pay to the Department any tax or fee required to be paid to the Department pursuant to chapter 365, 366 or 373 of NRS or NRS 445C.330 or 590.120 or who attempts to evade the payment of any such tax or fee, is jointly and severally liable with any other person who is required to pay such a tax or fee for the tax or fee owed plus interest and all applicable penalties. The responsible person shall pay the tax or fee upon notice from the Department that it is due.

2. As used in this section, “responsible person” includes:

(a) An officer or employee of a corporation; and

(b) A member or employee of a partnership or limited-liability company,

Ê whose job or duty it is to collect, account for or pay to the Department any tax or fee required to be paid to the Department pursuant to chapter 365, 366 or 373 of NRS or NRS 445C.330 or 590.120 and who attests to the accuracy of the payment of the tax or fee under penalty of perjury.

Sec. 3. NRS 365.084 is hereby amended to read as follows:

365.084 “Supplier” means a person who:

1. Imports or acquires immediately upon importation into this State motor vehicle fuel, except aviation fuel, from within or without a state, territory or possession of the United States or the District of Columbia into a terminal located in this State;

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2. Otherwise acquires for distribution in this State motor vehicle fuel, except aviation fuel, with respect to which there has been no previous taxable sale or use; [or]

3. Produces, manufactures or refines motor vehicle fuel, except aviation fuel, in this State [.] ; or

4. Exports motor vehicle fuel, except aviation fuel, to a location outside of this State.

Sec. 4. (Deleted by amendment.)

Sec. 5. Chapter 366 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Upon the request of a special fuel user or a service provider, the Department may enter into an agreement with the special fuel user or service provider which authorizes the special fuel user or service provider to license a special fuel user or renew a special fuel user’s license and issue the identifying device required by NRS 366.265, if applicable.

2. Before licensing a special fuel user, renewing a special fuel user’s license or issuing an identifying device pursuant to subsection 1:

(a) A special fuel user who enters into an agreement with the Department pursuant to this section shall file with the Department a bond of a surety company authorized to transact business in this State for the benefit of this State in an amount not less than $25,000; and

(b) A service provider who enters into an agreement with the Department pursuant to this section shall file with the Department a bond of a surety company authorized to transact business in this State for the benefit of this State in an amount not less than $50,000.

3. If a special fuel user or service provider provides a savings certificate, certificate of deposit or investment certificate pursuant to NRS 100.065 in lieu of the bond required pursuant to subsection 2, the certificate must state that the amount is not available for withdrawal except upon the approval of the Director of the Department.

4. If at any time a special fuel user or service provider is unable to account for an unissued license or an identifying device, the special fuel user or service provider must immediately pay to the Department an amount established by the Department.

5. The Department may cancel an agreement entered into pursuant to this section with any special fuel user or service provider for refusing or neglecting to comply with the provisions of this chapter.

6. The Director shall adopt such regulations as are necessary to carry out the provisions of this section.

7. As used in this section, “service provider” means a business or organization authorized by the Department to license a special fuel user or renew a special fuel user’s license on behalf of a special fuel user.

Sec. 6. NRS 366.070 is hereby amended to read as follows:

366.070 1. “Special fuel supplier” means a person who:

(a) Imports or acquires immediately upon importation into this State special fuel from within or without a state, territory or possession of the United States or the District of Columbia into a terminal located in this State;

(b) Exports special fuel to a location outside of this State;

[(c)] (d) Otherwise acquires for distribution in this State special fuel with respect to which there has been no previous taxable sale or use.

2. The term does not include a special fuel manufacturer.

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ê2019 Statutes of Nevada, Page 1573 (CHAPTER 275, SB 71)ê

Sec. 7. NRS 366.175 is hereby amended to read as follows:

366.175 1. To the extent permitted by federal law, the Department may enter into a cooperative [agreements] agreement with other states and countries for the exchange of information regarding, and the auditing of, persons who use special fuel in motor vehicles operated or intended to operate interstate. Any agreement, arrangement or declaration, or any amendment thereto, is not effective until reduced to writing and signed by the parties thereto or their authorized representatives.

2. An agreement may include, with respect to persons who use special fuel, provisions:

(a) For determining the domicile of those persons;

(b) Specifying the records which are required to be kept by those persons;

(d) Defining various words and terms;

(e) Setting forth the procedure for collecting special fuel taxes owing to another jurisdiction and forwarding those taxes to that jurisdiction; and

(f) Designed to facilitate the administration of the agreement.

3. The Department may, pursuant to the terms of an agreement, forward to the designated representatives of another jurisdiction any information in its possession relating to the manufacture, transportation, shipment, sale or use of special fuel by any person, and the location within this State of any motor vehicles owned by a person who has been identified by another jurisdiction as a user of special fuel.

4. An agreement may provide that each jurisdiction shall audit the records of persons residing or doing business within that jurisdiction to determine if the special fuel taxes owing to each jurisdiction have been properly reported and paid, and requiring each jurisdiction to forward the findings of its audits to every other jurisdiction in which the person who is the subject of an audit has incurred tax liability as a result of his or her use of special fuel. The audit findings received from another jurisdiction may be used by the Department as the basis for an estimated assessment of tax due from a person pursuant to the provisions of NRS 360A.100.

5. Any agreement entered into pursuant to the provisions of this section does not preclude the Department from auditing the records of any person subject to the provisions of this chapter.

6. As used in this section, “agreement” means the International Fuel Tax Agreement.

Sec. 8. NRS 366.240 is hereby amended to read as follows:

366.240 1. Except as otherwise provided in subsection 2 [,] and section 5 of this act, the Department shall:

(a) Upon receipt of the application and bond in proper form, issue to the applicant a special fuel supplier’s or special fuel dealer’s license.

(b) Upon receipt of the application in proper form, issue to the applicant a special fuel exporter’s, special fuel transporter’s, special fuel user’s or special fuel manufacturer’s license.

2. The Department may refuse to issue a license pursuant to this section to any person:

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ê2019 Statutes of Nevada, Page 1574 (CHAPTER 275, SB 71)ê

(a) Who formerly held a license issued pursuant to this chapter or a similar license of any other state, the District of Columbia, the United States, a territory or possession of the United States or any foreign country which, before the time of filing the application, has been revoked for cause;

(b) Who applies as a subterfuge for the real party in interest whose license, before the time of filing the application, has been revoked for cause;

(c) Who, if the person is a special fuel supplier or special fuel dealer, neglects or refuses to furnish a bond as required by this chapter;

(d) Who is in default in the payment of a tax on special fuel in this State, any other state, the District of Columbia, the United States, a territory or possession of the United States or any foreign country;

(e) Who has failed to comply with any provision of this chapter; or

(f) Upon other sufficient cause being shown.

Sec. 9. NRS 366.265 is hereby amended to read as follows:

366.265 1. A special fuel user who is required to hold a special fuel user’s license pursuant to the provisions of this chapter shall:

(a) If the special fuel user uses special fuel in a motor vehicle that is operated or intended to operate interstate:

(1) Obtain an identifying device issued pursuant to [a] :

(I) An agreement with the Department entered into pursuant to section 5 of this act; or

(II) A cooperative agreement entered into pursuant to NRS 366.175; and

(2) Conspicuously display that identifying device on the exterior of the motor vehicle in such location as is required pursuant to the cooperative agreement.

(b) At any time the special fuel user is using special fuel in this State, ensure that his or her license, [or] a reproduction of the license that is authorized by the Department [,] or an electronic device that displays the license in an electronic format that is authorized by the Department is located in the motor vehicle.

2. The Department may establish by regulation a fee for the issuance of the identifying device described in subsection 1, in an amount not to exceed the estimated administrative costs of issuing the device. If the Department establishes the fee and issues such a device to a special fuel user [,] or provides such a device to the special fuel user under the terms of an agreement entered into pursuant to section 5 of this act, it shall charge and collect the fee from the special fuel user.

3. If proof of licensure is provided by means of an electronic device:

(a) The person who presents the electronic device assumes all liability for any resulting damage to the electronic device; and

(b) The licensee may be held liable for other infractions indicated by the electronic image displaying evidence of licensure.

Sec. 10. NRS 366.270 is hereby amended to read as follows:

366.270 If any person ceases to be a special fuel supplier, special fuel dealer, special fuel exporter, special fuel transporter, special fuel user or special fuel manufacturer within this State by reason of the discontinuance, sale or transfer of his or her business, the person shall:

1. Notify the Department in writing at the time the discontinuance, sale or transfer takes effect. The notice must give the date of the discontinuance, sale or transfer, and the name and address of any purchaser or transferee.

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ê2019 Statutes of Nevada, Page 1575 (CHAPTER 275, SB 71)ê

2. Surrender to the Department the license issued to the person by the Department [.] or under the terms of an agreement entered into with the Department pursuant to section 5 of this act.

3. If the person is:

(a) A special fuel user registered under the Interstate Highway User Fee Apportionment Act, file the tax return required pursuant to NRS 366.380 and pay all taxes, interest and penalties required pursuant to this chapter and chapter 360A of NRS, except that both the filing and payment are due on or before the last day of the month following the month of the discontinuance, sale or transfer of the business.

(b) A special fuel supplier, file the tax return required pursuant to NRS 366.383 and pay all taxes, interest and penalties required pursuant to this chapter and chapter 360A of NRS on or before the last day of the month following the month of the discontinuance, sale or transfer of the business.

(c) A special fuel dealer or special fuel manufacturer, file the tax return required pursuant to NRS 366.386 and pay all taxes, interest and penalties required pursuant to this chapter and chapter 360A of NRS, except that both the filing and payment are due on or before the last day of the month following the month of the discontinuance, sale or transfer of the business.

(d) A special fuel exporter, file the report required pursuant to NRS 366.387 on or before the last day of the month following the month of the discontinuance, sale or transfer of the business.

(e) A special fuel transporter, file the report required pursuant to NRS 366.695 on or before the last day of the month following the month of the discontinuance, sale or transfer of the business.

Sec. 11. NRS 366.395 is hereby amended to read as follows:

366.395 1. Any special fuel user who fails to file a tax return or pay any excise tax by the date due shall pay, in addition to any tax that may be due, a delinquent filing fee of $50 [and] or a penalty of 10 percent of the amount of tax owed, whichever is greater, plus interest on the amount of any tax that may be due at a rate established by the Department in accordance with the provisions of a cooperative agreement entered into pursuant to NRS 366.175, from the date the tax was due until the date of payment.

2. A tax return, statement or payment is considered delinquent if it is not received by the Department on or before the date the tax return, statement or payment is due, as prescribed by the provisions of this chapter.

3. A tax return, statement or payment shall be deemed received on the date shown by the cancellation mark stamped by the United States Postal Service or the postal service of any country upon an envelope containing the tax return, statement or payment.

Sec. 12. NRS 706.826 is hereby amended to read as follows:

706.826 In carrying out NRS 706.801 to 706.861, inclusive, each department of this State may enter into agreements with the departments or appropriate agencies of this or any other state or country to provide for any or all of the following:

1. For the exemption from the plan of certain classes of vehicles either on the basis of type, extent or frequency of operations and, when also deemed advisable, for their total or partial exemption from the fees for registration or taxes or both upon the conditions set forth in the agreement, all as found to be in the interest of this State, the facilitating of this plan, or of the facilitating of the operation of vehicles between this and the other contracting state or country.

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2. For the reports and records required pursuant to NRS 706.801 to 706.861, inclusive, or any regulations made pursuant thereto to be uniform with the reports and records required by the other contracting state or country, but this does not prevent any department from requiring additional information from any operator subject to NRS 706.801 to 706.861, inclusive.

3. For the joint audit of the reports and records of any operator subject to NRS 706.801 to 706.861, inclusive, the reports and records of any such operator and the department may be disclosed to the extent necessary for this purpose.

4. For the use of a plate, license, emblem, certificate or other device of this or any other state or country, for the identification of vehicles subject to the plan.

5. For putting the plan into effect between this and any other state or country.

6. As used in this section, “plan” means the International Registration Plan.

Sec. 12.5. NRS 706.841 is hereby amended to read as follows:

706.841 1. Each operator shall qualify to operate pursuant to the provisions of NRS 706.801 to 706.861, inclusive, by filing an application for that purpose with the Department:

(a) If the application is an initial application for registration, before the time any fee becomes delinquent; and

(b) If the application is for the renewal of a registration, on or before [December 1.] the first day of the month in which the registration expires.

2. The application must:

(a) Show the total mileage of motor vehicles operated by the person in this State and all states and countries during the next preceding 12 months ending June 30 and describe and identify each motor vehicle to be operated during the period of registration in such detail as the Department may require.

(b) Be accompanied by a fee, unless the Department is satisfied that the fee is secured, to be computed as follows:

(1) Divide the number of in-state miles by the total number of fleet miles;

(2) Determine the total amount of money necessary to register each motor vehicle in the fleet for which registration is requested; and

(3) Multiply the amount determined under subparagraph (2) by the fraction obtained pursuant to subparagraph (1).

Sec. 13. (Deleted by amendment.)

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ê2019 Statutes of Nevada, Page 1577ê

CHAPTER 276, SB 175

Senate Bill No. 175–Senators Parks, Brooks, Cancela, Spearman; Cannizzaro, Denis, Dondero Loop, D. Harris, Ohrenschall, Ratti, Scheible and Woodhouse

Joint Sponsors: Assemblymen Carrillo, Ellison; Bilbray-Axelrod, Duran, Gorelow, Martinez, McCurdy and Munk

CHAPTER 276

[Approved: June 1, 2019]

AN ACT relating to public works; defining “discrete project”; revising provisions relating to the authority of a public body to enter into a contract with a design-build team for the construction of certain public works; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Under existing law, a public body in a county whose population is less than 100,000 may enter into contracts with a construction manager at risk for the construction of not more than two public works in a calendar year that are discrete projects. (NRS 338.169) Under existing law, a public body in any county may contract with a design-build team for the design and construction of a discrete public works project if the public body has approved the use of the design-build team and the project has an estimated cost of more than $5,000,000. Within a 12-month period, a public body may contract with a design-build team for the design and construction of not more than two discrete public works projects which each have an estimated cost of $5,000,000 or less. (NRS 338.1711)

Section 1.5 of this bill eliminates the authority of a public body to contract with a design-build team for the design and construction of not more than two discrete public works projects per year which each have an estimated cost of $5,000,000 or less, effective July 1, 2021.

Section 1 of this bill defines a “discrete project.”

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 338.010 is hereby amended to read as follows:

338.010 As used in this chapter:

1. “Authorized representative” means a person designated by a public body to be responsible for the development, solicitation, award or administration of contracts for public works pursuant to this chapter.

2. “Contract” means a written contract entered into between a contractor and a public body for the provision of labor, materials, equipment or supplies for a public work.

3. “Contractor” means:

(a) A person who is licensed pursuant to the provisions of chapter 624 of NRS.

(b) A design-build team.

4. “Day labor” means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a worker or workers employed by them on public works by the day and not under a contract in writing.

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5. “Design-build contract” means a contract between a public body and a design-build team in which the design-build team agrees to design and construct a public work.

6. “Design-build team” means an entity that consists of:

(a) At least one person who is licensed as a general engineering contractor or a general building contractor pursuant to chapter 624 of NRS; and

(b) For a public work that consists of:

(1) A building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS.

(2) Anything other than a building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS or landscape architecture pursuant to chapter 623A of NRS or who is licensed as a professional engineer pursuant to chapter 625 of NRS.

7. “Design professional” means:

(a) A person who is licensed as a professional engineer pursuant to chapter 625 of NRS;

(b) A person who is licensed as a professional land surveyor pursuant to chapter 625 of NRS;

(c) A person who holds a certificate of registration to engage in the practice of architecture, interior design or residential design pursuant to chapter 623 of NRS;

(d) A person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to chapter 623A of NRS; or

(e) A business entity that engages in the practice of professional engineering, land surveying, architecture or landscape architecture.

8. “Discrete project” means one or more public works which are undertaken on a single construction site for a single public body. The term does not include one or more public works that are undertaken on multiple construction sites regardless of whether the public body which sponsors or finances the public works bundles the public works together.

9. “Division” means the State Public Works Division of the Department of Administration.

[9.] 10. “Eligible bidder” means a person who is:

(a) Found to be a responsible and responsive contractor by a local government or its authorized representative which requests bids for a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373; or

(b) Determined by a public body or its authorized representative which awarded a contract for a public work pursuant to NRS 338.1375 to 338.139, inclusive, to be qualified to bid on that contract pursuant to NRS 338.1379 or 338.1382.

[10.] 11. “General contractor” means a person who is licensed to conduct business in one, or both, of the following branches of the contracting business:

(a) General engineering contracting, as described in subsection 2 of NRS 624.215.

(b) General building contracting, as described in subsection 3 of NRS 624.215.

[11.] 12. “Governing body” means the board, council, commission or other body in which the general legislative and fiscal powers of a local government are vested.

[12.] 13. “Local government” means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 318, 318A, 379, 474, 538, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.

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taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 318, 318A, 379, 474, 538, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision. The term includes a person who has been designated by the governing body of a local government to serve as its authorized representative.

[13.] 14. “Offense” means failing to:

(a) Pay the prevailing wage required pursuant to this chapter;

(b) Pay the contributions for unemployment compensation required pursuant to chapter 612 of NRS;

(d) Comply with subsection 5 or 6 of NRS 338.070.

[14.] 15. “Prime contractor” means a contractor who:

(a) Contracts to construct an entire project;

(b) Coordinates all work performed on the entire project;

(d) Contracts for the services of any subcontractor or independent contractor or is responsible for payment to any contracted subcontractors or independent contractors.

Ê The term includes, without limitation, a general contractor or a specialty contractor who is authorized to bid on a project pursuant to NRS 338.139 or 338.148.

[15.] 16. “Public body” means the State, county, city, town, school district or any public agency of this State or its political subdivisions sponsoring or financing a public work.

[16.] 17. “Public work” means any project for the new construction, repair or reconstruction of a project financed in whole or in part from public money for:

(a) Public buildings;

(b) Jails and prisons;

(d) Public highways;

(e) Public streets and alleys;

(f) Public utilities;

(g) Publicly owned water mains and sewers;

(h) Public parks and playgrounds;

(i) Public convention facilities which are financed at least in part with public money; and

(j) All other publicly owned works and property.

[17.] 18. “Specialty contractor” means a person who is licensed to conduct business as described in subsection 4 of NRS 624.215.

[18.] 19. “Stand-alone underground utility project” means an underground utility project that is not integrated into a larger project, including, without limitation:

(a) An underground sewer line or an underground pipeline for the conveyance of water, including facilities appurtenant thereto; and

(b) A project for the construction or installation of a storm drain, including facilities appurtenant thereto,

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Ê that is not located at the site of a public work for the design and construction of which a public body is authorized to contract with a design-build team pursuant to subsection 2 of NRS 338.1711.

[19.] 20. “Subcontract” means a written contract entered into between:

(a) A contractor and a subcontractor or supplier; or

(b) A subcontractor and another subcontractor or supplier,

Ê for the provision of labor, materials, equipment or supplies for a construction project.

[20.] 21. “Subcontractor” means a person who:

(a) Is licensed pursuant to the provisions of chapter 624 of NRS or performs such work that the person is not required to be licensed pursuant to chapter 624 of NRS; and

(b) Contracts with a contractor, another subcontractor or a supplier to provide labor, materials or services for a construction project.

[21.] 22. “Supplier” means a person who provides materials, equipment or supplies for a construction project.

[22.] 23. “Wages” means:

(a) The basic hourly rate of pay; and

(b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other similar programs or other bona fide fringe benefits which are a benefit to the worker.

[23.] 24. “Worker” means a skilled mechanic, skilled worker, semiskilled mechanic, semiskilled worker or unskilled worker in the service of a contractor or subcontractor under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed. The term does not include a design professional.

Sec. 1.2. NRS 338.018 is hereby amended to read as follows:

338.018 The provisions of NRS 338.013 to 338.018, inclusive, apply to any contract for construction work of the Nevada System of Higher Education for which the estimated cost exceeds $250,000 even if the construction work does not qualify as a public work, as defined in [subsection 17 of] NRS 338.010.

Sec. 1.3. NRS 338.075 is hereby amended to read as follows:

338.075 The provisions of NRS 338.020 to 338.090, inclusive, apply to any contract for construction work of the Nevada System of Higher Education for which the estimated cost exceeds $250,000 even if the construction work does not qualify as a public work, as defined in [subsection 17 of] NRS 338.010.

Sec. 1.5. NRS 338.1711 is hereby amended to read as follows:

338.1711 1. Except as otherwise provided in this section and NRS 338.158 to 338.168, inclusive, a public body shall contract with a prime contractor for the construction of a public work for which the estimated cost exceeds $100,000.

2. A public body may contract with a design-build team for the design and construction of a public work that is a discrete project if the public body has approved the use of a design-build team for the design and construction of the public work and the public work has an estimated cost which exceeds $5,000,000.

[3. Within any 12-month period, a public body may contract with a design-build team for the design and construction of not more than two discrete public works projects, each of which have an estimated cost of $5,000,000 or less if the public body has approved the use of a design-build team.]

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Sec. 1.7. NRS 338.1908 is hereby amended to read as follows:

338.1908 1. The governing body of each local government shall, by July 28, 2009, develop a plan to retrofit public buildings, facilities and structures, including, without limitation, traffic-control systems, and to otherwise use sources of renewable energy to serve those buildings, facilities and structures. Such a plan must:

(a) Include a list of specific projects. The projects must be prioritized and selected on the basis of the following criteria:

(1) The length of time necessary to commence the project.

(2) The number of workers estimated to be employed on the project.

(3) The effectiveness of the project in reducing energy consumption.

(4) The estimated cost of the project.

(5) Whether the project is able to be powered by or otherwise use sources of renewable energy.

(6) Whether the project has qualified for participation in one or more of the following programs:

(I) The Solar Energy Systems Incentive Program created by NRS 701B.240;

(II) The Renewable Energy School Pilot Program created by NRS 701B.350;

(III) The Wind Energy Systems Demonstration Program created by NRS 701B.580; or

(IV) The Waterpower Energy Systems Demonstration Program created by NRS 701B.820.

(b) Include a list of potential funding sources for use in implementing the projects, including, without limitation, money available through the Energy Efficiency and Conservation Block Grant Program as set forth in 42 U.S.C. § 17152 and grants, gifts, donations or other sources of money from public and private sources.

2. The governing body of each local government shall transmit the plan developed pursuant to subsection 1 to the Director of the Office of Energy and to any other entity designated for that purpose by the Legislature.

3. As used in this section:

(a) “Local government” means each city or county that meets the definition of “eligible unit of local government” as set forth in 42 U.S.C. § 17151 and each unit of local government, as defined in [subsection 13 of] NRS 338.010, that does not meet the definition of “eligible entity” as set forth in 42 U.S.C. § 17151.

(b) “Renewable energy” means a source of energy that occurs naturally or is regenerated naturally, including, without limitation:

(1) Biomass;

(2) Fuel cells;

(3) Geothermal energy;

(4) Solar energy;

(5) Waterpower; and

(6) Wind.

Ê The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.

(c) “Retrofit” means to alter, improve, modify, remodel or renovate a building, facility or structure to make that building, facility or structure more energy-efficient.

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Sec. 1.8. Section 31 of the Southern Nevada Tourism Improvements Act, being chapter 2, Statutes of Nevada 2016, 30th Special Session, at page 28, is hereby amended to read as follows:

Sec. 31. 1. Except as otherwise provided in sections 21 to 37, inclusive, of this act and notwithstanding any other provision of law to the contrary:

(a) Any contract, lease, sublease, lease-purchase agreement, management agreement or other agreement entered into pursuant to sections 21 to 37, inclusive, of this act by the Stadium Authority, a developer partner or any related entity relating to the National Football League stadium project financed in whole or in part pursuant to sections 21 to 37, inclusive, of this act, and any contract, lease, sublease, lease-purchase agreement, management agreement or other agreement that provides for the design, acquisition, construction, improvement, repair, demolition, reconstruction, equipment, financing, promotion, leasing, subleasing, management, operation or maintenance, or any combination thereof, of the National Football League stadium project or any portion thereof, or the provision of materials or services for the project are exempt from any law:

(1) Requiring competitive bidding or otherwise specifying procedures for the award of agreements of a type described in this paragraph;

(2) Specifying procedures for the procurement of goods or services; or

(3) Limiting the term of any agreement of a type described in this paragraph.

(b) The provisions of chapter 341 of NRS do not apply to the National Football League stadium project financed in whole or in part pursuant to sections 21 to 37, inclusive, of this act or to any agreement of a type described in paragraph (a).

(c) The provisions of chapter 338 of NRS do not apply to the National Football League stadium project financed in whole or in part pursuant to sections 21 to 37, inclusive, of this act or to any agreement of a type described in paragraph (a), except that:

(1) The provisions of NRS 338.013 to 338.090, inclusive, apply to any construction work to be performed under any contract or other agreement pertaining to the project even if the estimated cost of the construction work is not greater than $250,000 or the construction work does not qualify as a public work, as defined in [subsection 17 of] NRS 338.010;

(2) Any person or entity that executes one or more contracts or agreements for the actual construction, alteration, repair or remodeling of the project shall include in such a contract or agreement the contractual provisions and stipulations that are required to be included in a contract for a public work pursuant to the provisions of NRS 338.013 to 338.090, inclusive; and

(3) The Stadium Authority, any contractor who is awarded a contract or enters into an agreement to perform the construction, alteration, repair or remodeling of such an undertaking and any subcontractor on the undertaking shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the County had undertaken the project or had awarded the contract.

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2. The Stadium Authority and any prime contractor, construction manager or project manager selected by the Stadium Authority or a developer partner shall competitively bid all subcontracts involving construction which the Stadium Authority determines can be competitively bid without affecting the quality of the National Football League stadium project. Any determination by the Stadium Authority that such a subcontract can or cannot be competitively bid without affecting the quality of the National Football League stadium project is conclusive in the absence of fraud or a gross abuse of discretion. The Stadium Authority shall establish one or more procedures for competitive bidding which:

(a) Must prohibit bidders from engaging in bid-shopping;

(b) Must not permit subcontractors to avoid or circumvent the provisions of paragraph (c) of subsection 1; and

(c) Must, in addition to the requirements of section 31.5 of this act, provide a preference for Nevada subcontractors in a manner that is similar to, and with a preference that is equivalent to, the preference provided in NRS 338.1389.

3. Any determination by the Stadium Authority regarding the establishment of one or more procedures for competitive bidding, and any determination by a developer partner or its prime contractor, construction manager or project manager regarding the award of a contract to any bidder, is conclusive in the absence of fraud or a gross abuse of discretion.

Sec. 1.9. Section 48 of the Southern Nevada Tourism Improvements Act, being chapter 2, Statutes of Nevada 2016, 30th Special Session, at page 48, is hereby amended to read as follows:

Sec. 48. 1. Except as otherwise provided in sections 39 to 52, inclusive, of this act and notwithstanding any other provision of law to the contrary:

(a) Any contract, lease, sublease, lease-purchase agreement, management agreement or other agreement entered into pursuant to sections 39 to 52, inclusive, of this act by the Campus Improvement Authority, the System or any related entity relating to the college football stadium project financed in whole or in part pursuant to sections 39 to 52, inclusive, of this act, and any contract, lease, sublease, lease-purchase agreement, management agreement or other agreement that provides for the design, acquisition, construction, improvement, repair, demolition, reconstruction, equipment, financing, promotion, leasing, subleasing, management, operation or maintenance, or any combination thereof, of the college football stadium project or any portion thereof, or the provision of materials or services for the college football stadium project are exempt from any law:

(1) Requiring competitive bidding or otherwise specifying procedures for the award of agreements of a type described in this paragraph;

(2) Specifying procedures for the procurement of goods or services; or

(3) Limiting the term of any agreement of a type described in this paragraph.

(b) The provisions of chapter 341 of NRS do not apply to the college football stadium project financed in whole or in part pursuant to sections 39 to 52, inclusive, of this act or to any agreement of a type described in paragraph (a).

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pursuant to sections 39 to 52, inclusive, of this act or to any agreement of a type described in paragraph (a).

(c) The provisions of chapter 338 of NRS do not apply to the college football stadium project financed in whole or in part pursuant to sections 39 to 52, inclusive, of this act or to any agreement of a type described in paragraph (a), except that:

(3) The Campus Improvement Authority, any contractor who is awarded a contract or enters into an agreement to perform the construction, alteration, repair or remodeling of the college football stadium project and any subcontractor on the college football stadium project shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the State had undertaken the project or had awarded the contract.

2. The Campus Improvement Authority and any prime contractor, construction manager or project manager selected by the Campus Improvement Authority shall competitively bid all subcontracts involving construction which the Campus Improvement Authority determines can be competitively bid without affecting the quality of the college football stadium project. Any determination by the Campus Improvement Authority that such a subcontract can or cannot be competitively bid without affecting the quality of the project is conclusive in the absence of fraud or a gross abuse of discretion. The Campus Improvement Authority shall establish one or more procedures for competitive bidding which:

(a) Must prohibit bidders from engaging in bid-shopping;

(b) Must not permit subcontractors to avoid or circumvent the provisions of paragraph (c) of subsection 1; and

(c) Must, in addition to the requirements of section 48.5 of this act, provide a preference for Nevada subcontractors in a manner that is similar to, and with a preference that is equivalent to, the preference provided in NRS 338.1389.

3. Any determination by the Campus Improvement Authority regarding the establishment of one or more procedures for competitive bidding, and any determination by the Authority or its prime contractor, construction manager or project manager regarding the award of a contract to any bidder is conclusive in the absence of fraud or a gross abuse of discretion.

Sec. 2. This act becomes effective on July 1, 2021.

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ê2019 Statutes of Nevada, Page 1585ê

CHAPTER 277, SB 186

Senate Bill No. 186–Senator Seevers Gansert

CHAPTER 277

[Approved: June 1, 2019]

AN ACT relating to professions; expanding the scope of practice of physical therapy and athletic training to include the performance of dry needling under certain circumstances; requiring the Nevada Physical Therapy Board and the Board of Athletic Trainers to adopt regulations relating to dry needling; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law provides for the licensure and regulation of: (1) physical therapists by the Nevada Physical Therapy Board; and (2) athletic trainers by the Board of Athletic Trainers. (Chapters 640 and 640B of NRS) Existing law: (1) authorizes the Nevada Physical Therapy Board to adopt regulations to carry out its powers and duties relating to physical therapy; and (2) requires the Board of Athletic Trainers to adopt regulations to carry out its powers and duties relating to athletic training. (NRS 640.050, 640B.260) Sections 6 and 11 of this bill require the Nevada Physical Therapy Board and the Board of Athletic Trainers to adopt regulations establishing the qualifications a physical therapist or an athletic trainer, as applicable, must obtain before he or she is authorized to perform dry needling. Sections 6 and 11 require these qualifications to include the successful completion of not less than 150 hours of didactic education and training in dry needling approved by the appropriate Board. Sections 6 and 11 further require the appropriate Board to adopt regulations establishing procedures: (1) concerning the handling of needles used to perform dry needling, including procedures for the disposal of a needle after a single use; and (2) to ensure that a physical therapist or athletic trainer does not engage in needle retention. Sections 3 and 9 of this bill prohibit a physical therapist or an athletic trainer who is qualified to perform dry needling from inserting the same needle more than once during the performance of dry needling. Sections 2 and 8 of this bill define “dry needling,” and sections 5 and 10 of this bill include dry needling in the scope of practice of physical therapy for qualified physical therapists and athletic trainers.

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 640 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

Sec. 2. “Dry needling”:

1. Means a skilled technique performed by a physical therapist using a single-use, single-insertion, sterile filiform needle, which is used to penetrate the skin or underlying tissue to effect change in body conditions, pain, movement, impairment and disability.

2. Does not include:

(a) The stimulation of an auricular point;

(b) The stimulation of sinus points or other nonlocal points to treat underlying organs;

(d) The teaching or application of acupuncture.

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Sec. 3. A physical therapist who is qualified to perform dry needling pursuant to the regulations adopted in accordance with subsection 3 of NRS 640.050 shall not insert the same needle more than one time during the performance of dry needling.

Sec. 4. NRS 640.011 is hereby amended to read as follows:

640.011 As used in this chapter, unless the context otherwise requires, the terms defined in NRS 640.013 to 640.026, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

Sec. 5. NRS 640.024 is hereby amended to read as follows:

640.024 “Practice of physical therapy”:

1. Includes:

(a) The performing and interpreting of tests and measurements as an aid to evaluation or treatment;

(b) The planning of initial and subsequent programs of treatment on the basis of the results of tests; [and]

(c) The administering of treatment through the use of therapeutic exercise and massage, the mobilization of joints by the use of therapeutic exercise without chiropractic adjustment, mechanical devices, and therapeutic agents which employ the properties of air, water, electricity, sound and radiant energy [.] ; and

(d) The performance of dry needling, if a physical therapist is qualified to do so pursuant to the regulations adopted in accordance with subsection 3 of NRS 640.050.

2. Does not include:

(a) The diagnosis of physical disabilities;

(b) The use of roentgenic rays or radium;

(d) The occupation of a masseur who massages only the superficial soft tissues of the body.

Sec. 6. NRS 640.050 is hereby amended to read as follows:

640.050 1. The Board shall:

(a) Enforce the provisions of this chapter and any regulations adopted pursuant thereto;

(b) Evaluate the qualifications and determine the eligibility of an applicant for a license as a physical therapist or physical therapist assistant and, upon payment of the applicable fee, issue the appropriate license to a qualified applicant;

(d) Unless the Board determines that extenuating circumstances exist, forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who practices as a physical therapist or physical therapist assistant without a license.

2. The Board may adopt reasonable regulations to carry this chapter into effect, including, but not limited to, regulations concerning the:

(a) Issuance and display of licenses.

(b) Supervision of physical therapist assistants and physical therapist technicians.

3. The Board shall adopt regulations establishing:

(a) The qualifications a physical therapist must obtain before he or she is authorized to perform dry needling, which must include, without limitation, the successful completion of not less than 150 hours of didactic education and training in dry needling approved by the Board.

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education and training in dry needling approved by the Board. Such hours may include didactic education and training completed as part of a graduate-level program of study.

(b) Procedures concerning the handling of needles used to perform dry needling, including, without limitation, procedures for the disposal of a needle after a single use.

4. The Board shall prepare and maintain a record of its proceedings, including, without limitation, any disciplinary proceedings.

[4.] 5. The Board shall maintain a list of licensed physical therapists authorized to practice physical therapy and physical therapist assistants licensed to assist in the practice of physical therapy in this State.

[5.] 6. The Board may:

(a) Maintain offices in as many localities in the State as it finds necessary to carry out the provisions of this chapter.

(b) Employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.

[6.] 7. Any member or agent of the Board may enter any premises in this State where a person who holds a license issued pursuant to the provisions of this chapter practices physical therapy or as a physical therapist assistant and inspect the premises to determine whether a violation of any provision of this chapter or any regulation adopted pursuant thereto has occurred, including, without limitation, an inspection to determine whether any person at the premises is practicing physical therapy or as a physical therapist assistant without the appropriate license issued pursuant to the provisions of this chapter.

[7.] 8. Any voting member of the Board may administer an oath to a person testifying in a matter that relates to the duties of the Board.

Sec. 7. Chapter 640B of NRS is hereby amended by adding thereto the provisions set forth as sections 8 and 9 of this act.

Sec. 8. “Dry needling”:

1. Means a skilled technique performed by an athletic trainer using a single-use, single-insertion, sterile filiform needle, which is used to penetrate the skin or underlying tissue to effect change in body conditions, pain, movement, impairment and disability.

2. Does not include:

(a) The stimulation of an auricular point;

(b) The stimulation of sinus points or other nonlocal points to treat underlying organs;

(d) The teaching or application of acupuncture.

Sec. 9. An athletic trainer who is qualified to perform dry needling pursuant to the regulations adopted in accordance with subsection 5 of NRS 640B.260 shall not insert the same needle more than one time during the performance of dry needling.

Sec. 9.5. NRS 640B.005 is hereby amended to read as follows:

640B.005 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 640B.011 to 640B.120, inclusive, and section 8 of this act have the meanings ascribed to them in those sections.

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Sec. 10. NRS 640B.090 is hereby amended to read as follows:

640B.090 1. “Practice of athletic training” means:

(a) The prevention, recognition, assessment, management, treatment, disposition or reconditioning of the athletic injury of an athlete:

(1) Whose condition is within the professional preparation and education of the licensed athletic trainer; and

(2) That is performed under the direction of a physician;

(b) The organization and administration of programs of athletic training;

(d) The provision of information relating to athletic training to members of the public;

(e) The performance of dry needling under the direction of a physician, if an athletic trainer is qualified to do so pursuant to the regulations adopted in accordance with subsection 5 of NRS 640B.260; or

[(e)] (f) Any combination of the activities described in paragraphs (a) to [(d),] (e), inclusive.

2. The term does not include the diagnosis of a physical disability, massaging of the superficial soft tissues of the body or the use of X-rays, radium or electricity for cauterization or surgery.

Sec. 11. NRS 640B.260 is hereby amended to read as follows:

640B.260 The Board shall adopt regulations to carry out the provisions of this chapter, including, without limitation, regulations that establish:

1. The passing grades for the examinations required by NRS 640B.310 and 640B.320 . [;]

2. Appropriate criteria for determining whether an entity is an intercollegiate athletic association, interscholastic athletic association, professional athletic organization or amateur athletic organization . [;]

3. The standards of practice for athletic trainers . [; and]

4. The requirements for continuing education for the renewal of a license of an athletic trainer. The requirements must be at least equivalent to the requirements for continuing education for the renewal of a certificate of an athletic trainer issued by the National Athletic Trainers Association Board of Certification or its successor organization.

5. The qualifications an athletic trainer must obtain before he or she is authorized to perform dry needling, which must include, without limitation, the successful completion of not less than 150 hours of didactic education and training in dry needling approved by the Board. Such hours may include didactic education and training completed as part of a graduate-level program of study.

6. Procedures concerning the handling of needles used to perform dry needling, including, without limitation, procedures for the disposal of a needle after a single use.

7. Procedures to ensure that an athletic trainer does not engage in needle retention.

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ê2019 Statutes of Nevada, Page 1589ê

CHAPTER 278, SB 197

Senate Bill No. 197–Senators Scheible; Parks and Ratti

Joint Sponsor: Assemblyman Fumo

CHAPTER 278

[Approved: June 1, 2019]

AN ACT relating to trade practices; prohibiting the importation and sale of cosmetics for which testing was performed on an animal; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

This bill prohibits, under certain circumstances, a manufacturer from importing, selling or offering for sale in this State any cosmetic for which testing was performed on certain animals. This bill provides certain exemptions to the prohibition for certain animal testing that is performed pursuant to federal, state or foreign regulatory requirements or before a certain date. This bill also makes a violation of the prohibition a deceptive trade practice subject to the civil and criminal penalties applicable thereto. (NRS 598.0999). If a civil or criminal action which is brought for a violation of the prohibition involves any trade secrets, existing law also provides protections for the trade secrets. (NRS 49.325, 600A.070)

Additionally, this bill prohibits any political subdivision of this State or agency thereof from establishing or continuing prohibitions that are not identical to the provisions of this bill. This bill also allows an inventory of cosmetics which is otherwise in violation of the prohibition on or relating to animal testing to be sold on or before June 30, 2020.

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 598 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in this section, a manufacturer shall not import for profit, sell or offer for sale in this State any cosmetic for which the manufacturer knew or reasonably should have known that animal testing was conducted or contracted by or on behalf of the manufacturer or any supplier of the manufacturer if the animal testing was conducted on or after January 1, 2020.

2. The prohibition in subsection 1 does not apply to animal testing that is conducted:

(a) To comply with a requirement of a federal or state regulatory agency if:

(1) The cosmetic or ingredient in the cosmetic which is tested is in wide use and cannot be replaced by another ingredient which is capable of performing a similar function;

(2) A specific human health problem relating to the cosmetic or ingredient is substantiated and the need to conduct animal testing is justified and supported by a detailed protocol for research that is proposed as the basis for the evaluation of the cosmetic or ingredient; and

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ê2019 Statutes of Nevada, Page 1590 (CHAPTER 278, SB 197)ê

(3) There does not exist a method of testing other than animal testing that is accepted for the relevant purpose by the federal or state regulatory agency.

(b) To comply with a requirement of a regulatory agency of a foreign jurisdiction, if no evidence derived from such testing was relied upon to substantiate the safety of a cosmetic sold within this State by the manufacturer.

(c) On any product or ingredient in the cosmetic subject to the requirements of Subchapter V of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 351 et seq.

(d) Except as otherwise provided in this paragraph, for purposes unrelated to cosmetics pursuant to a requirement of a federal, state or foreign regulatory agency provided that no evidence derived from such testing was relied upon to substantiate the safety of a cosmetic sold within this State by the manufacturer. If evidence from such testing was relied upon for that purpose, the prohibition in subsection 1 does not apply if:

(1) Documentary evidence exists of the intent of the test which was unrelated to cosmetics; and

(2) The ingredient that was the subject of the testing has been used for purposes unrelated to cosmetics for not less than 12 months before the earliest date of the testing.

3. This section does not apply to:

(a) A cosmetic if the cosmetic in its final form was tested on animals before January 1, 2020, even if the cosmetic is manufactured on or after that date;

(b) An ingredient in a cosmetic if the ingredient was sold in this State and was tested on animals before January 1, 2020, even if the ingredient is manufactured on or after that date; or

4. No county, city, local government or other political subdivision of this State or agency thereof may establish or continue any prohibition on or relating to animal testing that is not identical to the prohibitions set forth in this section and that does not include the exemptions contained in this section.

5. A violation of this section constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

6. As used in this section:

(a) “Animal testing” means the internal or external application of a cosmetic, either in its final form or any ingredient thereof, to the skin, eyes or other body part of a live, nonhuman vertebrate.

(b) “Cosmetic” means any article intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness or altering the appearance, including, without limitation, personal hygiene products such as deodorant, shampoo or conditioner.

(d) “Manufacturer” means any person whose name appears on the label of a cosmetic pursuant to the requirements of 21 C.F.R. § 701.12.

(e) “Supplier” means any entity that supplies, directly or through a third party, any ingredient used by a manufacturer in the formulation of a cosmetic.

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ê2019 Statutes of Nevada, Page 1591 (CHAPTER 278, SB 197)ê

Sec. 2. An inventory of cosmetics which is otherwise in violation of section 1 of this act on January 1, 2020, may be sold on or before June 30, 2020.

Sec. 3. This act becomes effective on January 1, 2020.

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CHAPTER 279, SB 53

Senate Bill No. 53–Committee on Natural Resources

CHAPTER 279

[Approved: June 1, 2019]

AN ACT relating to mining; revising provisions governing the membership of the Mining Oversight and Accountability Commission; temporarily revising provisions governing the review of certain mining regulations by the Commission; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law establishes the Mining Oversight and Accountability Commission, prescribes its membership and requires the Commission to provide oversight of compliance with Nevada law relating to the activities of each state agency, board, bureau, commission, department or division with respect to the taxation, operation, safety and environmental regulation of mines and mining in this State. (NRS 514A.040, 514A.060) Section 1 of this bill: (1) removes a provision intended to ensure that not more than two members of the Commission are appointed from any one county in this State; (2) provides that a member serves until his or her successor is appointed and qualified; and (3) authorizes a member to be reappointed. Under existing law, certain regulations relating to mines or mining are not effective unless they are reviewed by the Mining Oversight and Accountability Commission before they are approved by the Legislative Commission or its Subcommittee to Review Regulations. (NRS 514A.110) Sections 1.5 and 2 of this bill provide that until June 30, 2020, if the Mining Oversight and Accountability Commission fails to review certain regulations relating to mines or mining adopted by the Commission on Mineral Resources or the State Environmental Commission within 30 days after their adoption, the regulations will become effective if approved in accordance with the applicable provisions of the Nevada Administrative Procedure Act.

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 514A.040 is hereby amended to read as follows:

514A.040 1. There is hereby created the Mining Oversight and Accountability Commission consisting of seven members appointed as follows:

(a) Two members appointed by the Governor;

(b) Two members appointed by the Governor from a list of persons recommended by the Majority Leader of the Senate;

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ê2019 Statutes of Nevada, Page 1592 (CHAPTER 279, SB 53)ê

(d) One member appointed by the Governor from a list of persons recommended by the Minority Leader of the Senate or the Minority Leader of the Assembly. The Minority Leader of the Senate shall recommend persons for appointment for the initial term, the Minority Leader of the Assembly shall recommend persons for appointment for the next succeeding term, and thereafter, the authority to recommend persons for appointment must alternate each biennium between the Houses of the Legislature.

2. The Governor, Majority Leader of the Senate, Speaker of the Assembly, Minority Leader of the Senate and Minority Leader of the Assembly shall confer before the Governor makes an appointment to ensure that [:

(a) Not more than two of the members are appointed from any one county in this State; and

(b) Not] not more than two of the members have a direct or indirect financial interest in the mining industry or are related by blood or marriage to a person who has such an interest.

3. Each member of the Commission serves for a term of 2 years [.] and until his or her successor is appointed and qualified. A member may be reappointed.

4. A vacancy on the Commission must be filled by the Governor in the same manner as the original appointment.

Sec. 1.5. NRS 514A.110 is hereby amended to read as follows:

514A.110 [A]

1. Except as otherwise provided in this section, a permanent regulation adopted by the:

[1.] (a) Nevada Tax Commission, pursuant to NRS 360.090, concerning any taxation related to the extraction of any mineral in this State, including, without limitation, the taxation of the net proceeds pursuant to chapter 362 of NRS and Section 5 of Article 10 of the Nevada Constitution;

[2.] (b) Administrator of the Division of Industrial Relations of the Department of Business and Industry for mine health and safety pursuant to NRS 512.131;

[3.] (c) Commission on Mineral Resources pursuant to NRS 513.063, 513.094 or 519A.290; and

[4.] (d) State Environmental Commission pursuant to NRS 519A.160,

Ê is not effective unless it is reviewed by the Mining Oversight and Accountability Commission before it is approved pursuant to chapter 233B of NRS by the Legislative Commission or the Subcommittee to Review Regulations appointed pursuant to subsection 6 of NRS 233B.067. After conducting its review of the regulation, the Mining Oversight and Accountability Commission shall provide a report of its findings and recommendations regarding the regulation to the Legislative Counsel for submission to the Legislative Commission or the Subcommittee to Review Regulations, as appropriate.

2. If the Mining Oversight and Accountability Commission fails to review a permanent regulation described in paragraph (c) or (d) of subsection 1 within 30 days after its adoption, the regulation may be approved without such a review pursuant to chapter 233B of NRS by the Legislative Commission or the Subcommittee to Review Regulations appointed pursuant to subsection 6 of NRS 233B.067 and becomes effective in accordance with the provisions of NRS 233B.070.

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ê2019 Statutes of Nevada, Page 1593 (CHAPTER 279, SB 53)ê

Sec. 2. 1. This act becomes effective upon passage and approval.

2. Section 1.5 of this act expires by limitation on June 30, 2020.

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CHAPTER 280, SB 311

Senate Bill No. 311–Senators Parks, D. Harris, Brooks; Spearman and Woodhouse

Joint Sponsors: Assemblymen Jauregui, McCurdy, Spiegel and Tolles

CHAPTER 280

[Approved: June 1, 2019]

AN ACT relating to credit; prohibiting discrimination against a person who seeks to obtain credit; revising provisions governing discrimination based on the marital status of a person who seeks to obtain credit; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law requires that any person seeking credit be afforded equal opportunity to have their creditworthiness evaluated under the same relevant economic standards and without any discrimination on the basis of their sex or marital status. (NRS 598B.020, 598B.100) Section 2 of this bill defines marital status. Section 3 of this bill permits an applicant for credit who has no credit history and was married to request that a creditor deem the applicant’s credit history to be identical to that of the applicant’s spouse during their marriage. Under section 3, the failure of a creditor to comply with such a request is deemed to be discrimination based on marital status. Sections 4 and 7 of this bill expand the protection against discrimination to include race, color, creed, religion, disability, national origin or ancestry, sexual orientation, and gender identity or expression. Section 6 of this bill requires the Commissioner of Financial Institutions to study the nature and extent of any discrimination based on race, color, creed, religion, disability, national origin or ancestry, sexual orientation, and gender identity or expression. Section 6 also requires the Commissioner of Financial Institutions to cooperate with and assist in programs to prevent or eliminate such discrimination.

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 598B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

Sec. 2. “Marital status” means all states of being married or unmarried, and includes, without limitation, the states of being single, married, separated, divorced or widowed.

Sec. 3. 1. If an applicant for credit:

(a) Has no credit history;

(b) Was or is married;

(c) Requests that the creditor deem the credit history of the applicant to be identical to the credit history of the applicant’s spouse which was established during the marriage referenced in paragraph (b); and

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ê2019 Statutes of Nevada, Page 1594 (CHAPTER 280, SB 311)ê

(d) If requested by the creditor, provides, with regard to the marriage referenced in paragraph (b), evidence of:

(1) The existence of the marriage; and

(2) The date of the marriage and, if applicable, the date the marriage ended,

Ê The creditor must deem the credit history of the applicant to be identical to the credit history of the applicant’s spouse which was established during the marriage referenced in paragraph (b).

2. Violation of this section by a creditor shall be deemed to be discrimination based on marital status.

Sec. 4. NRS 598B.020 is hereby amended to read as follows:

598B.020 It is hereby declared to be the public policy of the State of Nevada that all people in the State desiring to obtain credit shall be afforded equal opportunity to have their creditworthiness evaluated under the same relevant economic standards and without any discrimination on the basis of their race, color, creed, religion, disability, national origin or ancestry, sex , sexual orientation, gender identity or expression, or marital status.

Sec. 5. NRS 598B.030 is hereby amended to read as follows:

598B.030 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 598B.040 to 598B.080, inclusive, and section 2 of this act have the meanings ascribed to them in such sections.

Sec. 6. NRS 598B.090 is hereby amended to read as follows:

598B.090 The Commissioner of Financial Institutions through the Division shall:

1. Administer the provisions of this chapter;

2. Study the nature and extent of any discrimination as to race, color, creed, religion, disability, national origin or ancestry, sex , sexual orientation, gender identity or expression, or marital status in credit practices in this state; and

3. Cooperate with and assist all public and private agencies, organizations and institutions which are formulating or carrying on programs to prevent or eliminate discrimination on the basis of race, color, creed, religion, disability, national origin or ancestry, sex , sexual orientation, gender identity or expression, or marital status in credit practices.

Sec. 7. NRS 598B.100 is hereby amended to read as follows:

598B.100 It is unlawful for any creditor to discriminate against any applicant on the basis of the applicant’s race, color, creed, religion, disability, national origin or ancestry, sex , sexual orientation, gender identity or expression, or marital status with respect to any aspect of a credit transaction.

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ê2019 Statutes of Nevada, Page 1595ê

CHAPTER 281, SB 355

Senate Bill No. 355–Senator Parks

CHAPTER 281

[Approved: June 1, 2019]

AN ACT relating to Oriental medicine; revising provisions governing the duties and powers of the State Board of Oriental Medicine; revising provisions governing the scope of practice and licensing of doctors of Oriental medicine; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law sets forth provisions governing the licensure and regulation of doctors of Oriental medicine. (Chapter 634A of NRS) Section 3 of this bill provides that the practice of Oriental medicine specifically includes dry needling as well as moxibustion.

Section 2 of this bill authorizes the State Board of Oriental Medicine to issue an endorsement to practice acupuncture point injection therapy to a doctor of Oriental medicine who meets certain requirements. Section 14.5 of this bill eliminates the requirement in existing law that an applicant for the issuance or renewal of a license to practice Oriental medicine attest to knowledge of and compliance with certain guidelines of the Centers for Disease Control and Prevention concerning the prevention of transmission of infectious agents through safe and appropriate injection practices. (NRS 634A.144)

Section 5 of this bill eliminates the authority of the Board in existing law to fix and pay a salary to the Secretary-Treasurer. (NRS 634A.060) Section 6 of this bill eliminates the requirement in existing law that the Board establish and maintain a list of accredited schools and colleges of Oriental medicine. (NRS 634A.080)

Existing law authorizes the establishment and maintenance of a school or college of Oriental medicine in this State if its establishment and curriculum is approved by the Board. (NRS 634A.090) Section 7 of this bill: (1) eliminates the requirement that the Board annually approve the curriculum; and (2) requires that the school or college be accredited by or have received at least candidacy status for accreditation from the Accreditation Commission for Acupuncture and Oriental Medicine or its successor organization and hold a current license issued by the Commission on Postsecondary Education. Section 4 of this bill makes a conforming change.

Existing law requires an applicant for a license to practice as a doctor of Oriental medicine to: (1) pass a national examination in Oriental medicine administered by a national organization approved by the Board and a practical examination approved by the Board that tests certain subject areas; and (2) meet certain educational and other requirements. (NRS 634A.120, 634A.140) Section 8 of this bill requires such an applicant to pass each examination required and administered by the National Certification Commission for Acupuncture and Oriental Medicine or its successor organization for certification in Oriental medicine. Additionally, section 8 eliminates several subjects on the examination approved by the Board. For issuance of a license, section 9 of this bill: (1) revises the educational requirements; (2) requires applicants to hold a current certification in Oriental medicine issued by the National Certification Commission for Acupuncture and Oriental Medicine or its successor organization; and (3) authorizes the counting of certain work experience in lieu of educational experience for applicants who attended a school or college of Oriental medicine before January 1, 2008.

Sections 10 and 11 of this bill consolidate the requirements relating to the renewal of a license.

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ê2019 Statutes of Nevada, Page 1596 (CHAPTER 281, SB 355)ê

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. 2. Chapter 634A of NRS is hereby amended by adding thereto a new section to read as follows:

1. A doctor of Oriental medicine licensed pursuant to this chapter may apply to the Board for an endorsement to practice acupuncture point injection therapy. The applicant must submit with his or her application proof that the applicant has:

(a) Successfully completed postgraduate coursework approved by the National Certification Commission for Acupuncture and Oriental Medicine or a successor organization which provides at least 24 hours of instruction provided in person, including, without limitation, at least 8 hours of instruction received by practicum and 2 hours of training in the administration of intramuscular epinephrine; and

(b) Obtained or otherwise carries a policy of professional liability insurance which insures the applicant against any liability arising from the provision of acupuncture point injection therapy by the applicant.

2. The Board shall issue an endorsement to practice acupuncture point injection therapy to an applicant who meets the requirements of subsection 1.

3. A licensee who is issued an endorsement to practice acupuncture point injection therapy may only inject substances for which the licensee has received training which may include, without limitation, nutritional, homeopathic and herbal substances.

4. As used in this section, “acupuncture point injection therapy” means the subcutaneous, intramuscular and intradermal injection of substances to stimulate acupuncture points, ashi points and trigger points to relieve pain and prevent illness.

Sec. 3. NRS 634A.020 is hereby amended to read as follows:

634A.020 As used in this chapter, unless the context otherwise requires:

1. “Acupuncture” means the insertion of needles into the human body by piercing the skin of the body to control and regulate [,] the flow and balance of energy in the body and to cure, relieve or palliate [:] the body for therapeutic purposes, including, without limitation:

(a) Any ailment or disease of the mind or body; or

(b) Any wound, bodily injury or deformity.

2. “Board” means the State Board of Oriental Medicine.

3. “Doctor of Oriental medicine” means a person who is licensed under the provisions of this chapter to practice as a doctor of Oriental medicine.

4. “Dry needling”:

(a) Means an advanced needling skill or technique limited to the treatment of myofascial pain, using a single-use, single-insertion, sterile needle without the use of heat, cold or any other added modality or medication, which is inserted into the skin or underlying tissue to stimulate a trigger point.

(b) Does not include:

(1) The stimulation of an auricular point;

(2) Utilization of a distal point or nonlocal point;

(3) Needle retention;

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ê2019 Statutes of Nevada, Page 1597 (CHAPTER 281, SB 355)ê

(4) Application of a retained electrical stimulation lead; or

(5) The teaching or application of other acupuncture theory.

5. “Herbal medicine” and “practice of herbal medicine” mean suggesting, recommending, prescribing or directing the use of herbs for the cure, relief or palliation of any ailment or disease of the mind or body, or for the cure or relief of any wound, bodily injury or deformity.

[5.] 6. “Herbs” means [plants or parts of plants valued for medicinal qualities.

6.] any plant or part of a plant which is not prohibited by the laws of the United States or this State and is used in tests or examinations in the practice of Oriental medicine.

7. “Oriental medicine” means [that] a system of the healing art which places the chief emphasis on the flow and balance of energy in the body mechanism as being the most important single factor in maintaining the well-being of the organism in health and disease. The term includes , without limitation, the practice of acupuncture , [and] herbal medicine , moxibustion, dry needling and other services approved by the Board.

Sec. 3.5. (Deleted by amendment.)

Sec. 4. NRS 634A.040 is hereby amended to read as follows:

634A.040 1. The Governor shall appoint four members to the Board who:

(a) Have a license issued pursuant to this chapter;

(b) Currently engage in the practice of Oriental medicine in this State, and have engaged in the practice of Oriental medicine in this State for at least 3 years preceding appointment to the Board;

(d) Are residents of the State of Nevada and have been for at least 1 year preceding appointment to the Board.

2. The Governor shall appoint one member to the Board who:

(a) Is licensed pursuant to chapter 630 of NRS by the Board of Medical Examiners as a physician;

(b) Does not engage in the administration of a facility for Oriental medicine or a school for Oriental medicine;

(c) Does not have a pecuniary interest in any matter pertaining to Oriental medicine, except as a patient or potential patient;

(d) Is a citizen of the United States; and

(e) Is a resident of the State of Nevada and has been for at least 1 year preceding appointment to the Board.

3. The Governor shall appoint one member to the Board who:

(a) Does not engage in the administration of a facility for Oriental medicine or a school for Oriental medicine;

(b) Does not have a pecuniary interest in any matter pertaining to Oriental medicine, except as a patient or potential patient;

(d) Is a resident of the State of Nevada and has been for at least 1 year preceding appointment to the Board.

4. The Governor shall appoint one member to the Board who represents a school or college of Oriental medicine [whose establishment has been approved by the Board] established pursuant to NRS 634A.090.

Sec. 5. NRS 634A.060 is hereby amended to read as follows:

634A.060 The Board shall annually elect from its members a President, Vice President and Secretary-Treasurer . [, and may fix and pay a salary to the Secretary-Treasurer.]

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ê2019 Statutes of Nevada, Page 1598 (CHAPTER 281, SB 355)ê

Sec. 6. NRS 634A.080 is hereby amended to read as follows:

634A.080 The Board shall:

1. Hold meetings at least once a year and at any other time at the request of the President or the majority of the members;

2. Have and use a common seal;

3. Deposit in interest-bearing accounts in the State of Nevada all money received under the provisions of this chapter, which must be used to defray the expenses of the Board;

4. [Establish and maintain a list of accredited schools and colleges of Oriental medicine that are approved by the Board;

5.] Operate on the basis of the fiscal year beginning July 1 and ending June 30; and

[6.] 5. Keep a record of its proceedings which must be open to the public at all times and which must contain the name and business address of every registered licensee in this State.

Sec. 7. NRS 634A.090 is hereby amended to read as follows:

634A.090 1. A school or college of Oriental medicine may be established and maintained in this State only if:

(a) Its establishment is approved by the Board; [and]

(b) [Its curriculum is approved annually by the Board for content and quality of instruction in accordance with the requirements of this chapter.] It is accredited by or has received at least candidacy status for institutional accreditation from the Accreditation Commission for Acupuncture and Oriental Medicine or its successor organization; and

2. The Board may prescribe the course of study required for the degree of doctor of Oriental medicine.

Sec. 8. NRS 634A.120 is hereby amended to read as follows:

634A.120 1. Each applicant for a license to practice as a doctor of Oriental medicine must pass:

(a) [An examination in Oriental medicine that is administered by a national organization approved by the Board;] Each examination required and administered by the National Certification Commission for Acupuncture and Oriental Medicine or its successor organization for certification in Oriental medicine; and

(b) [A practical] An examination approved by the Board that tests the applicant’s knowledge and understanding of [:

(1) Basic medical science;

(2) Acupuncture;

(3) Herbal medicine;

(4) Oriental medicine;

(5) English proficiency; and

(6) The] the laws and regulations of this State relating to health and safety in the practice of Oriental medicine.

2. The Board may establish by regulation [:] for the examination required by paragraph (b) of subsection 1:

(a) Additional subject areas to be included in the [practical] examination; and

(b) Specific methods for the administration of the [practical] examination, including, but not limited to, written, oral, demonstrative, practical or any combination thereof.

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ê2019 Statutes of Nevada, Page 1599 (CHAPTER 281, SB 355)ê

3. The Board shall contract for the preparation, administration and grading of the [practical] examination [.] required by paragraph (b) of subsection 1.

4. Except as otherwise provided in subsection 5, the Board shall offer the [practical] examination required by paragraph (b) of subsection 1 at least two times each year at a time and place established by the Board.

5. The Board may cancel a scheduled [practical] examination required by paragraph (b) of subsection 1 if, within 60 days before the examination, the Board has not received a request to take the examination.

6. A person who fails the [practical] examination required by paragraph (b) of subsection 1 may retake the examination.

Sec. 9. NRS 634A.140 is hereby amended to read as follows:

634A.140 1. The Board shall issue a license to practice as a doctor of Oriental medicine to an applicant who:

[1.] (a) Has:

[(a)] (1) Successfully completed an accredited 4-year program of study, or its equivalent, in Oriental medicine at a school or college of Oriental medicine accredited by the Accreditation Commission for Acupuncture and Oriental Medicine or its successor organization that [is approved] meets any requirements prescribed by the Board [.] pursuant to NRS 634A.090, including, without limitation, requirements concerning clinical and didactic components;

[(b)] (2) Earned a bachelor’s degree , or completed a combined bachelor’s and master’s degree program in Oriental medicine, from an accredited college or university in the United States;

[(c)] (3) Passed an investigation of his or her background and personal history conducted by the Board; and

[(d)] (4) Passed the examinations required by NRS 634A.120; [or] and

(b) Holds a current certification in Oriental medicine issued by the National Certification Commission for Acupuncture and Oriental Medicine or its successor organization.

2. Except as otherwise provided in subsection 3, the Board may issue a license to practice as a doctor of Oriental medicine to an applicant who:

(a) Has:

[(a)] (1) Successfully completed a 4-year program of study, or its equivalent, in Oriental medicine at a school or college of Oriental medicine that is approved by the Board [;

(b)] and meets any requirements prescribed by the Board pursuant to NRS 634A.090, including, without limitation, requirements concerning clinical and didactic components;

(2) Lawfully practiced Oriental medicine in another state or foreign country for at least 4 years;

[(c)] (3) Passed an investigation of his or her background and personal history conducted by the Board; and

[(d)] (4) Passed the examinations required by NRS 634A.120 [.] ; and

(b) Holds a current certification in Oriental medicine issued by the National Certification Commission for Acupuncture and Oriental Medicine or its successor organization.

3. The Board may issue a license to practice as a doctor of Oriental medicine to an applicant who:

(a) Has:

(1) Successfully completed a program in Oriental medicine from a school or college of Oriental medicine accredited by the Accreditation Commission for Acupuncture and Oriental Medicine or its successor organization before January 1, 2008, that included the study of herbology;

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ê2019 Statutes of Nevada, Page 1600 (CHAPTER 281, SB 355)ê

Commission for Acupuncture and Oriental Medicine or its successor organization before January 1, 2008, that included the study of herbology;

(2) Practiced Oriental medicine pursuant to the laws of another state or territory of the United States, the District of Columbia, or foreign country for at least 6 of the 8 years immediately preceding the date of the application;

(3) Passed an investigation of his or her background and personal history conducted by the Board; and

(4) Passed the examinations required by NRS 634A.120; and

(b) Holds a current certification in Oriental medicine issued by the National Certification Commission for Acupuncture and Oriental Medicine or its successor organization.

Sec. 10. NRS 634A.160 is hereby amended to read as follows:

634A.160 [1.] Every license must be displayed in the office, place of business or place of employment of the holder thereof.

[2. Every person holding a license shall pay to the Board on or before February 1 of each year, the annual fee for a license required pursuant to subsection 4. The holder of a license shall submit with the fee all information required to complete the renewal of the license. If the holder of a license fails to pay the fee or submit all required information, the license must be suspended. The license may be reinstated by payment of the required fee and submission of all required information within 90 days after February 1.

3. A license which is suspended for more than 3 months under the provisions of subsection 2 may be cancelled by the Board after 30 days’ notice to the holder of the license.

4. The annual fee for a license must be prescribed annually by the Board and must not exceed $1,000.]

Sec. 11. NRS 634A.167 is hereby amended to read as follows:

634A.167 1. To renew a license issued pursuant to this chapter, each person must, on or before February 1 of each year:

(a) Apply to the Board for renewal;

(b) Pay the annual fee for a license prescribed by the Board [;] , which must not exceed $1,000;

(d) Submit all information required to complete the renewal.

2. The Board shall, as a prerequisite for the renewal or reinstatement of a license, require each holder of a license to comply with the requirements for continuing education adopted by the Board.

3. If the holder of a license fails to pay the fee or submit all required information by February 1 of each year, the license expires automatically. The license may be reinstated by payment of the required fee and submission of all required information within 90 days after the expiration of the license pursuant to this subsection.

Secs. 11.5-14. (Deleted by amendment.)

Sec. 14.5. NRS 634A.144 is hereby repealed.

Sec. 15. This act becomes effective upon passage and approval for the purposes of adopting regulations and performing any other administrative tasks that are necessary to carry out the provisions of this act, and on January 1, 2020, for all other purposes.

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ê2019 Statutes of Nevada, Page 1601ê

CHAPTER 282, SB 365

Senate Bill No. 365–Senators Dondero Loop, Parks, Woodhouse; and Brooks

CHAPTER 282

[Approved: June 1, 2019]

AN ACT relating to health insurance; making various changes concerning health carriers granting third-party access to certain provider networks; providing administrative penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Under existing law, health carriers may establish networks of providers of health care to provide health care services to covered persons. (Chapter 687B of NRS) Providers of health care include, but are not limited to, physicians, nurses, chiropractors, dentists and physical therapists. (NRS 687B.660). Section 1 of this bill provides that it is an unfair method of competition subject to an administrative fine pursuant to NRS 686A.187 to knowingly utilize a provider of health care’s contractual discount without a contractual relationship. Sections 7-11 of this bill establish a contractually protected system for health carriers to enter contracts with third parties to give them access to certain provider network contracts and information about a provider of health care’s services and discounts. Section 7 excludes certain insurance plans and coverages from the provisions of this bill. Section 8 of the bill requires certain disclosures in a health carrier’s provider network contracts with providers of health care and authorizes third parties to sign a contract to access a network contract. Section 8 also requires that a health carrier maintain a website with certain information about third parties which have access to the network contract. Section 9 of this bill allows a third party to enter contracts with other third parties under the same terms and conditions as their contract. Section 10 of this bill requires a third party to establish a website to identify other entities to which it has granted access to provider network contracts. Section 11 of this bill requires that health carriers and third parties comply with sections 8 and 10 when submitting remittance advice and explanation of payments to providers of health care.

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 686A of NRS is hereby amended by adding thereto a new section to read as follows:

It constitutes an unfair method of competition or an unfair or deceptive act or practice in the business of insurance to knowingly access or utilize a contractual discount of a provider of health care pursuant to a provider network contract without a contractual relationship with the provider of health care, health carrier or third party as specified in sections 7 to 11, inclusive, of this act.

Sec. 2. NRS 686A.010 is hereby amended to read as follows:

686A.010 The purpose of NRS 686A.010 to 686A.310, inclusive, and section 1 of this act, is to regulate trade practices in the business of insurance in accordance with the intent of Congress as expressed in the Act of Congress approved March 9, 1945, being c.

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ê2019 Statutes of Nevada, Page 1602 (CHAPTER 282, SB 365)ê

Congress approved March 9, 1945, being c. 20, 59 Stat. 33, also designated as 15 U.S.C. §§ 1011 to 1015, inclusive, and Title V of Public Law 106-102, 15 U.S.C. §§ 6801 et seq.

Sec. 3. Chapter 687B of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 11, inclusive, of this act.

Sec. 4. “Direct notification” means a written or electronic communication from a health carrier to a provider of health care documenting third-party access to a network.

Sec. 5. “Provider network contract” means a contract between a health carrier and a provider of health care specifying the rights and responsibilities of the health carrier and the provider of health care for delivery of health care services pursuant to a network plan.

Sec. 6. “Third party” means an organization that enters into a contract with a health carrier or with another third party to gain access to a provider network contract.

Sec. 7. Sections 7 to 11, inclusive, of this act, do not apply:

1. To provider network contracts for health care services provided to covered persons under Medicare or the State Plan for Medicaid, or the Children’s Health Insurance Program.

2. In circumstances where access to the provider network contract is granted to an entity operating under the same brand license program as the contracting entity.

3. To a health benefit plan which provides:

(a) Coverage that is only for accident or disability income insurance, or any combination thereof.

(b) Coverage issued as a supplement to liability insurance.

(d) Coverage under a blanket student accident and health insurance policy.

(e) Other similar insurance coverage specified pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, under which benefits for medical care are secondary or incidental to other insurance benefits.

4. To credit insurance.

5. To the following benefits if the benefits are provided under a separate policy, certificate or contract of insurance or are otherwise not an integral part of a health benefit plan:

(a) Limited-scope vision benefits;

(b) Benefits for long-term care, nursing home care, home health care or community-based care, or any combination thereof; and

(c) Such other similar benefits as are specified in any federal regulations adopted pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.

6. To the following benefits if the benefits are provided under a separate policy, certificate or contract, there is no coordination between the provisions of the benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor, and the benefits are paid for a claim without regard to whether benefits are provided for such a claim under any group health plan maintained by the same plan sponsor:

(a) Coverage that is only for a specified disease or illness; and

(b) Hospital indemnity or other fixed indemnity insurance.

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ê2019 Statutes of Nevada, Page 1603 (CHAPTER 282, SB 365)ê

7. To any of the following, if offered as a separate policy, certificate or contract of insurance:

(a) Medicare supplemental health insurance as defined in section 1882(g)(1) of the Social Security Act, 42 U.S.C. § 1395ss, as that section existed on July 16, 1997;

(b) Coverage supplemental to the coverage provided pursuant to the Civilian Health and Medical Program of Uniformed Services, TRICARE, 10 U.S.C. §§ 1071 et seq.; and

Sec. 8. 1. A health carrier shall not grant access to services and contractual discounts of a provider of health care pursuant to a provider network contract unless:

(a) The provider network contract specifically states that the health carrier may enter into an agreement with a third party allowing the third party to obtain the rights and responsibilities of the health carrier under the provider network contract as if the third party were the health carrier; and

(b) The third party accessing the provider network contract is contractually obligated to comply with all applicable terms, limitations and conditions of the provider network contract.

2. A health carrier that grants access to services and contractual discounts of a provider of health care pursuant to a provider network contract shall:

(a) Identify and provide to the provider of health care, upon request at the time a provider network contract is entered into with a provider of health care, a written or electronic list of all third parties known at the time of contracting to which the health carrier has or will grant access to the services and contractual discounts of a provider of health care pursuant to a provider network contract.

(b) Maintain an Internet website or other readily available mechanism, such as a toll-free telephone number, through which a provider of health care may obtain a listing, at least every 90 days, of the third parties with which the health carrier or another third party has executed contracts to grant access to such services and contractual discounts of a provider of health care pursuant to a provider network contract.

(c) Provide the third party with sufficient information regarding the provider network contract to enable the third party to comply with all relevant terms, limitations and conditions of the provider network contract.

(d) Require that the third party who contracts with the health carrier to gain access to the provider network contract identify the source of the contractual discount taken by the third party on each remittance advice or explanation of payment form furnished to a provider of health care when such discount is pursuant to the provider network contract of the health carrier.

(e) Notify the third party who contracts with the health carrier to gain access to the provider network contract of the termination of the provider network contract not later than 90 days prior to the effective date of the final termination of the provider network contract. The notice required under this paragraph may be delivered through any reasonable means, including, without limitation, a written notice, electronic communication, or an update to an electronic database or other provider of health care listing.

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ê2019 Statutes of Nevada, Page 1604 (CHAPTER 282, SB 365)ê

(f) Require that those that are by contract eligible to claim the right to access a discounted rate of a provider of health care to cease claiming entitlement to those rates or other contracted rights or obligations for services rendered after termination of the provider network contract.

3. Subject to any continuity of care requirements, agreements or contractual provisions:

(a) Not less than 30 days before the date of termination of a provider network contract, a health carrier shall provide written notification of the contract termination to the affected providers of health care and covered persons;

(b) A third party’s right to access services and contractual discounts of a provider of health care pursuant to a provider network contract shall terminate not earlier than 90 days after the provider network contract is terminated;

(c) Claims for health care services performed after the termination date of the provider network contract are not eligible for processing and payment in accordance with the provider network contract; and

(d) Claims for health care services performed before the termination date of the provider network contract, but processed after the termination date, are eligible for processing and payment in accordance with the provider network contract.

4. All information made available to a provider of health care in accordance with the requirements of sections 7 to 11, inclusive, of this act is confidential and must not be disclosed to any person or entity not involved in the provider of health care’s practice or business or the administration thereof without the prior written consent of the health carrier.

5. Nothing contained in sections 7 to 11, inclusive, of this act shall be construed to prohibit a health carrier from requiring the provider of health care to execute a reasonable confidentiality agreement to ensure that confidential or proprietary information disclosed by the health carrier is not used for any purpose other than the direct practice or business management or billing activities of the provider of health care.

Sec. 9. 1. A third party, having itself been granted access to services and contractual discounts of a provider of health care pursuant to a provider network contract, that subsequently grants access to another third party, is obligated to comply with the rights and responsibilities imposed on contracting entities pursuant to sections 8 and 10 of this act.

2. A third party that enters into a contract with another third party to access services and contractual discounts of a provider of health care pursuant to a provider network contract is obligated to comply with the rights and responsibilities imposed on third parties under this section.

Sec. 10. 1. A third party shall inform the health carrier and providers of health care under the provider network contract of the health carrier of the location of a website, toll-free number, or other readily available mechanism to identify the name of a person or entity to which the third party subsequently grants access to the services and contractual discounts of the provider of health care pursuant to the provider network contract.

2. The website must be updated on a routine basis when additional persons or entities are granted access. The website must be updated every 90 days to reflect all current persons and entities with access. Upon request, a health carrier shall make access to information available to a provider of health care via telephone or through direct notification.

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ê2019 Statutes of Nevada, Page 1605 (CHAPTER 282, SB 365)ê

request, a health carrier shall make access to information available to a provider of health care via telephone or through direct notification.

Sec. 11. 1. A health carrier and third parties are obligated to comply with sections 8 and 10 of this act concerning the services referenced on a remittance advice or explanation of payment. A provider of health care may refuse the discount taken on the remittance advice or explanation of payment if the discount is taken without a contractual basis or in violation of section 7 or 9 of this act. An error in the remittance advice or explanation of payment may be corrected not more than 30 days after given notice of the error by the provider of health care.

2. A health carrier may not lease, rent or otherwise grant to a third party, access to a provider network contract unless the third party accessing the provider network contract is:

(a) A payer or third party, administrator or other entity that administers or processes claims on behalf of the payer;

(b) A preferred provider of health care organization or preferred provider of health care network, including a physician organization or a physician-hospital organization; or

(c) An entity engaged in the electronic claims transport between the health carrier and the payer that does not provide access to the services and discounts of a provider of health care to any other third party.

Sec. 12. NRS 687B.600 is hereby amended to read as follows:

687B.600 As used in NRS 687B.600 to 687B.850, inclusive, and sections 4 to 11, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 687B.605 to 687B.665, inclusive, and sections 4, 5 and 6 of this act have the meanings ascribed to them in those sections.

Sec. 13. This act becomes effective upon passage and approval for the purposes of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act, and on January 1, 2020, for all other purposes.

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CHAPTER 283, SB 397

Senate Bill No. 397–Senator Brooks

CHAPTER 283

[Approved: June 1, 2019]

AN ACT relating to contractors; authorizing a contractor, under certain circumstances, to perform work for which the contractor does not have a license in the applicable classification or subclassification; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law generally requires a person to be licensed as a contractor to engage in the business of constructing, altering or repairing any structure or other improvement. (NRS 624.020, 624.700)

Existing law also requires the State Contractors’ Board to adopt regulations for the classification and subclassification of contractors, and authorizes the Board to limit the field and scope of the operations of a licensed contractor to those in which the contractor is classified.

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ê2019 Statutes of Nevada, Page 1606 (CHAPTER 283, SB 397)ê

the contractor is classified. (NRS 624.220) However, existing law provides various exceptions to the licensure requirement for contractors, such as when a person, under certain circumstances, performs work to repair or maintain property when the value of the work, including both labor and materials, is less than $1,000. (NRS 624.031) Existing law also authorizes a specialty contractor to perform work for which the contractor does not have a license of the appropriate classification or subclassification when that work is incidental and supplemental to the performance of work for which the contractor is appropriately licensed. (NRS 624.220) Section 4 of this bill authorizes a licensed contractor to perform work for which the contractor does not have a license in the applicable classification or subclassification if: (1) the value of the work is less than $1,000 and does not require a permit; and (2) the work is not of a type performed by a plumbing, electrical, refrigeration or air-conditioning contractor. Sections 2, 3 and 5 of this bill make conforming changes relating to section 4.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. (Deleted by amendment.)

Sec. 2. NRS 624.212 is hereby amended to read as follows:

624.212 1. The Executive Officer, on behalf of the Board, shall issue an order to cease and desist to any person:

(a) Acting as a contractor, including, without limitation, commencing work as a contractor; or

(b) Submitting a bid on a job situated in this State,

Ê without an active license of the proper classification issued pursuant to this chapter. The order must be served personally or by certified mail and is effective upon receipt.

2. If it appears that any person has engaged in acts or practices which constitute a violation of this chapter or the violation of an order issued pursuant to subsection 1, the Board may request the Attorney General, the district attorney of the county in which the alleged violation occurred or the district attorney of any other county in which that person maintains a place of business or resides to apply on behalf of the Board to the district court for an injunction restraining the person from acting in violation of this chapter. Upon a proper showing, a temporary restraining order, a preliminary injunction or a permanent injunction may be granted. The Board as plaintiff in the action is not required to prove any irreparable injury.

3. In seeking injunctive relief against any person for an alleged violation of NRS 624.700, it is sufficient to allege that the person did, upon a certain day and in a certain county of this State:

(a) Act as a contractor, including, without limitation, commence work as a contractor; or

(b) Submit a bid on a job situated in this State,

Ê without having an active license of the proper classification issued pursuant to this chapter, without alleging any further or more particular facts concerning the matter.

4. The issuance of a restraining order or an injunction does not relieve the person against whom the restraining order or injunction is issued from criminal prosecution for practicing without a license.

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ê2019 Statutes of Nevada, Page 1607 (CHAPTER 283, SB 397)ê

5. If the court finds that a person willfully violated an order issued pursuant to subsection 1, it shall impose a fine of not less than $250 nor more than $1,000 for each violation of the order.

6. For the purposes of this section, a person shall be deemed to have a valid license if the person has an active license and is performing work in conformity with the requirements of subsection 4 of NRS 624.220.

Sec. 3. NRS 624.215 is hereby amended to read as follows:

624.215 1. For the purpose of classification, the contracting business includes the following branches:

(a) General engineering contracting.

(b) General building contracting.

Ê General engineering contracting and general building contracting are mutually exclusive branches.

2. A general engineering contractor is a contractor whose principal contracting business is in connection with fixed works, including irrigation, drainage, water supply, water power, flood control, harbors, railroads, highways, tunnels, airports and airways, sewers and sewage disposal systems, bridges, inland waterways, pipelines for transmission of petroleum and other liquid or gaseous substances, refineries, chemical plants and industrial plants requiring a specialized engineering knowledge and skill, power plants, piers and foundations and structures or work incidental thereto.

3. A general building contractor is a contractor whose principal contracting business is in connection with the construction or remodeling of buildings or structures for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, requiring in their construction the use of more than two unrelated building trades or crafts, upon which he or she is a prime contractor and where the construction or remodeling of a building is the primary purpose. Unless he or she holds the appropriate specialty license, a general building contractor may only contract to perform specialty contracting if he or she is a prime contractor on a project. [A] Except as otherwise provided in subsection 4 of NRS 624.220, a general building contractor shall not perform specialty contracting in plumbing, electrical, refrigeration and air-conditioning or fire protection without a license for the specialty. A person who exclusively constructs or repairs mobile homes, manufactured homes or commercial coaches is not a general building contractor.

4. A specialty contractor is a contractor whose operations as such are the performance of construction work requiring special skill and whose principal contracting business involves the use of specialized building trades or crafts.

5. This section does not prevent the Board from establishing, broadening, limiting or otherwise effectuating classifications in a manner consistent with established custom, usage and procedure found in the building trades. The Board is specifically prohibited from establishing classifications in such a manner as to determine or limit craft jurisdictions.

Sec. 4. NRS 624.220 is hereby amended to read as follows:

624.220 1. The Board shall adopt regulations necessary to effect the classification and subclassification of contractors in a manner consistent with established usage and procedure as found in the construction business, and may limit the field and scope of the operations of a licensed contractor to those in which the contractor is classified and qualified to engage as defined by NRS 624.215 and the regulations of the Board.

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ê2019 Statutes of Nevada, Page 1608 (CHAPTER 283, SB 397)ê

those in which the contractor is classified and qualified to engage as defined by NRS 624.215 and the regulations of the Board.

2. The Board shall limit the field and scope of the operations of a licensed contractor by establishing a monetary limit on a contractor’s license, and the limit must be the maximum contract a licensed contractor may undertake on one or more construction contracts on a single construction site or subdivision site for a single client. The Board may take any other action designed to limit the field and scope of the operations of a contractor as may be necessary to protect the health, safety and general welfare of the public. The limit must be determined after consideration of the factors set forth in NRS 624.260 to 624.265, inclusive.

3. A licensed contractor may request that the Board increase the monetary limit on his or her license, either on a permanent basis or for a single construction project. A request submitted to the Board pursuant to this subsection must be in writing on a form prescribed by the Board and accompanied by such supporting documentation as the Board may require. A request submitted pursuant to this section for a single construction project must be submitted to the Board at least 5 working days before the date on which the licensed contractor intends to submit a bid for the project and must be approved by the Board before the submission of a bid by the contractor for the project.

4. Subject to the provisions of regulations adopted pursuant to subsection 5, nothing contained in this section prohibits [a] :

(a) A specialty contractor from taking and executing a contract involving the use of two or more crafts or trades, if the performance of the work in the crafts or trades, other than in which the specialty contractor is licensed, is incidental and supplemental to the performance of work in the craft for which the specialty contractor is licensed.

(b) Except as otherwise provided in this paragraph, a licensed contractor from performing work of a type for which the contractor does not have a license in the applicable classification or subclassification if the value of the work is less than $1,000, including labor and materials, and the work does not require a permit. A licensed contractor shall not perform work of a type for which the contractor does not have a license in the applicable classification or subclassification if the work is of a type performed by a plumbing, electrical, refrigeration or air-conditioning contractor.

5. The Board shall adopt regulations establishing a specific limit on the amount of asbestos that a licensed contractor with a license that is not classified for the abatement or removal of asbestos may abate or remove pursuant to subsection 4.

Sec. 5. NRS 624.341 is hereby amended to read as follows:

624.341 1. If the Board or its designee, based upon a preponderance of the evidence, has reason to believe that a person has:

(a) Acted as a contractor without an active license of the proper classification issued pursuant to this chapter, the Board or its designee, as appropriate, shall issue or authorize the issuance of a written administrative citation to the person.

(b) Committed any other act which constitutes a violation of this chapter or the regulations of the Board, the Board or its designee, as appropriate, may issue or authorize the issuance of a written administrative citation to the person.

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ê2019 Statutes of Nevada, Page 1609 (CHAPTER 283, SB 397)ê

2. A citation issued pursuant to this section may include, without limitation:

(a) An order to take action to correct a condition resulting from an act that constitutes a violation of this chapter or the regulations of the Board, at the person’s cost;

(b) An order to pay an administrative fine not to exceed $50,000, except as otherwise provided in subsection 1 of NRS 624.300; and

3. If a written citation issued pursuant to this section includes an order to take action to correct a condition resulting from an act that constitutes a violation of this chapter or the regulations of the Board, the citation must state the time permitted for compliance, which must be not less than 15 business days after the date the person receives the citation, and specifically describe the action required to be taken.

4. The sanctions authorized by this section are separate from, and in addition to, any other remedy, civil or criminal, authorized by this chapter.

5. The failure of an unlicensed person to comply with a citation or order after it is final is a misdemeanor. If an unlicensed person does not pay an administrative fine imposed pursuant to this section within 60 days after the order of the Board becomes final, the order may be executed upon in the same manner as a judgment issued by a court.

6. For the purposes of this section, a person shall be deemed to have an active license of the proper classification if the person has an active license and is performing work in conformity with the requirements of subsection 4 of NRS 624.220.

Sec. 6. This act becomes effective on July 1, 2019.

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CHAPTER 284, SB 371

Senate Bill No. 371–Senators Brooks, Spearman; and Cancela

CHAPTER 284

[Approved: June 1, 2019]

AN ACT relating to manufactured homes; revising requirements relating to the maintenance of a manufactured home park or repair of a manufactured home in certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law requires a landlord of a manufactured home park to maintain the manufactured home park, and certain portions of and structures within the manufactured home park, in specified manners. (NRS 118B.090) Section 1 of this bill authorizes, under certain circumstances, a person to perform such maintenance without obtaining a license. Specifically, section 1 authorizes a person who is licensed as a contractor to perform any such maintenance if the maintenance does not affect the fuel systems or structural systems of a manufactured home. In addition, section 1 allows a person who does not have any type of license to perform any such maintenance if it: (1) does not affect the fuel systems or structural systems of a manufactured home; (2) does not require a permit; and (3) has a value of less than $1,000 and is not required to be performed by a licensed contractor. Further, section 1 provides for certain complaints to be filed with the Housing Division of the Department of Business and Industry and certain final orders relating to such complaints to be forwarded to the State Contractors’ Board for further disciplinary action.

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ê2019 Statutes of Nevada, Page 1610 (CHAPTER 284, SB 371)ê

complaints to be filed with the Housing Division of the Department of Business and Industry and certain final orders relating to such complaints to be forwarded to the State Contractors’ Board for further disciplinary action.

Existing law requires most repairs performed on a manufactured home to be performed by a person licensed to make such repairs. (NRS 118B.097) Section 2 of this bill authorizes, under the same circumstances, a person to perform such repairs without obtaining a license and for complaints to be filed with the Division and certain final orders to be forwarded to the State Contractors’ Board for further disciplinary action.

Sections 3-5 of this bill make conforming changes.

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 118B.090 is hereby amended to read as follows:

118B.090 1. The landlord shall:

(a) Maintain all common areas of the park in a clean and safe condition;

(b) Maintain in good working order all electrical, plumbing and sanitary facilities, appliances and recreational facilities which the landlord furnishes;

(c) Maintain in a safe and secure location individual mail boxes for the tenants if the mail is delivered to the landlord for distribution to the tenants;

(d) Maintain all driveways within the park and sidewalks adjacent to the street; and

(e) Remove snow from the sidewalks and streets within the park, and from sidewalks adjacent to the street.

2. Except as otherwise provided in this subsection, the maintenance required by paragraph (a) of subsection 1 includes maintaining, in good working order, any aboveground or underground utility service apparatus located on each manufactured home lot, up to the disconnection point, which is not an appurtenance of the manufactured home. Maintenance is not required on any such apparatus that has been damaged by the tenant of the manufactured home lot.

3. [Any] Except as otherwise provided in subsections 4 and 5, any maintenance [to a utility service apparatus, as] described in [subsection 2,] this section may be performed legally only by a person who is qualified by licensure pursuant to chapter 489 of NRS to perform such maintenance, and:

(a) A person shall not perform the maintenance unless the person has such qualifications; and

(b) The landlord, or his or her agent or employee, shall not employ a third party to perform the maintenance if he or she knows, or in light of all of the surrounding facts and circumstances reasonably should know, that the third party does not have such qualifications.

4. A person may perform any maintenance described in this section without obtaining a license pursuant to chapter 489 of NRS if:

(a) The maintenance does not affect the fuel systems or structural systems of a manufactured home; and

(b) The person performing the maintenance is appropriately licensed pursuant to chapter 624 of NRS.

5. A person may perform any maintenance described in this section without obtaining a license pursuant to chapter 489 or 624 of NRS if:

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ê2019 Statutes of Nevada, Page 1611 (CHAPTER 284, SB 371)ê

(a) The maintenance does not affect the fuel systems or structural systems of a manufactured home;

(b) The maintenance does not require a permit before the maintenance may be performed; and

(c) The value of the maintenance is less than $1,000 and the provisions of chapter 624 of NRS do not require the person to be licensed pursuant to chapter 624 of NRS to perform the maintenance.

6. Any complaint concerning maintenance performed pursuant to this section by a person licensed pursuant to chapter 624 of NRS:

(a) May be filed with the Division; and

(b) If the Division issues a final order finding that an act or omission occurred which is a ground for disciplinary action pursuant to NRS 489.416, the Division shall forward the final order and any related findings and conclusions to the State Contractors’ Board for consideration of further disciplinary action pursuant to chapter 624 of NRS.

Sec. 2. NRS 118B.097 is hereby amended to read as follows:

118B.097 1. [If a] Except as otherwise provided in subsections 3 and 4, any repair to a manufactured home , including, without limitation, any repair which may affect the structural, electrical, plumbing, drainage, roofing, mechanical or solid fuel burning systems of the home, or requires a permit before the repair may be [made, the repair] performed, may be performed legally only by a person who is qualified by licensure pursuant to chapter 489 of NRS to perform such a repair, and:

(a) A person shall not perform the repair unless the person has such qualifications; and

(b) A tenant or a landlord, or his or her agent or employee, shall not employ a third party to perform the repair if he or she knows or, in light of all the surrounding facts and circumstances, reasonably should know that the third party does not have such qualifications.

2. The Administrator shall adopt regulations to specify the repairs that a person without an applicable license may make to a manufactured home in accordance with the provisions of this section and chapter 489 of NRS.

3. A person may perform any repair described in this section without obtaining a license pursuant to chapter 489 of NRS if:

(a) The repair does not affect the fuel systems or structural systems of the manufactured home; and

(b) The person performing the repair is appropriately licensed pursuant to chapter 624 of NRS.

4. A person may perform any repair described in this section without obtaining a license pursuant to chapter 489 or 624 of NRS if:

(a) The repair does not affect the fuel systems or structural systems of the manufactured home;

(b) The repair does not require a permit before the repair may be performed; and

(c) The value of the repair is less than $1,000 and the provisions of chapter 624 of NRS do not require the person to be licensed pursuant to chapter 624 of NRS to perform the repair.

5. Any complaint concerning any repair performed pursuant to this section by a person licensed pursuant to chapter 624 of NRS:

(a) May be filed with the Division; and

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ê2019 Statutes of Nevada, Page 1612 (CHAPTER 284, SB 371)ê

NRS 489.416, the Division shall forward the final order and any related findings and conclusions to the State Contractors’ Board for consideration of further disciplinary action pursuant to chapter 624 of NRS.

Sec. 3. NRS 624.215 is hereby amended to read as follows:

624.215 1. For the purpose of classification, the contracting business includes the following branches:

(a) General engineering contracting.

(b) General building contracting.

Ê General engineering contracting and general building contracting are mutually exclusive branches.

3. A general building contractor is a contractor whose principal contracting business is in connection with the construction or remodeling of buildings or structures for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, requiring in their construction the use of more than two unrelated building trades or crafts, upon which he or she is a prime contractor and where the construction or remodeling of a building is the primary purpose. Unless he or she holds the appropriate specialty license, a general building contractor may only contract to perform specialty contracting if he or she is a prime contractor on a project. A general building contractor shall not perform specialty contracting in plumbing, electrical, refrigeration and air-conditioning or fire protection without a license for the specialty. A person who is licensed pursuant to chapter 489 of NRS and who exclusively constructs or repairs mobile homes, manufactured homes or commercial coaches is not a general building contractor.

Sec. 4. NRS 624.284 is hereby amended to read as follows:

624.284 [A] Except as otherwise provided in subsection 4 of NRS 118B.090 or subsection 2 of 118B.097, a contractor’s license issued pursuant to this chapter does not authorize a contractor to construct or repair a mobile home, manufactured home, manufactured building or commercial coach or factory-built housing.

Sec. 5. NRS 624.3015 is hereby amended to read as follows:

624.3015 The following acts, among others, constitute cause for disciplinary action under NRS 624.300:

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1. Acting in the capacity of a contractor beyond the scope of the license.

2. Bidding to contract or contracting for a sum for one construction contract or project in excess of the limit placed on the license by the Board.

3. Knowingly bidding to contract or entering into a contract with a contractor for work in excess of his or her limit or beyond the scope of his or her license.

4. Knowingly entering into a contract with a contractor while that contractor is not licensed.

5. Constructing or repairing a mobile home, manufactured home, manufactured building or commercial coach or factory-built housing unless the contractor:

(a) Is licensed pursuant to NRS 489.311; [or]

(b) Owns, leases or rents the mobile home, manufactured home, manufactured building, commercial coach or factory-built housing [.] ; or

6. Engaging in any work or activities that require a contractor’s license while the license is placed on inactive status pursuant to NRS 624.282.

Sec. 6. This act becomes effective on July 1, 2019.

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CHAPTER 285, SB 390

Senate Bill No. 390–Senator Hansen

CHAPTER 285

[Approved: June 1, 2019]

AN ACT relating to livestock; requiring the State Quarantine Officer to adopt regulations providing a process for the operator of a farm or other facility that raises poultry to obtain a permit to slaughter and sell the poultry under certain circumstances; requiring the State Quarantine Officer to adopt regulations providing a process for a person to obtain a license to operate a custom processing establishment or mobile processing unit in this State; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Under existing law, it is unlawful for any person to possess, with the intent to sell, the carcass of any fowl which is not processed in an establishment approved by the State Department of Agriculture or in accordance with poultry regulations adopted by the Department. (NRS 583.080) Existing law also prohibits a person from operating an official establishment for the commercial slaughter of meat animals unless the person receives a permit issued by the State Quarantine Officer. (NRS 583.453) Section 2 of this bill requires the State Quarantine Officer to adopt regulations, consistent with any federal regulations, providing a process for the operator of a farm or other facility that raises poultry to obtain a permit to slaughter and sell raw poultry to a consumer at the farm or other facility in this State. Section 4 of this bill requires the State Quarantine Officer to adopt regulations, consistent with any federal regulations, providing a process for a person to obtain a license to operate a custom processing establishment or mobile processing unit in this State. The regulations adopted pursuant to section 2 or 4 must set forth the fees, if any, for the issuance or renewal of the license or permit and require inspections at least annually.

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Sections 2 and 4 also set forth the circumstances under which a custom processing establishment or mobile processing unit shall be deemed to be an official establishment. Section 1.3 of this bill defines the term “custom processing establishment” and section 1.7 of this bill defines the term “mobile processing unit.” Sections 5 and 11-18 of this bill make conforming changes.

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 583 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 to 4, inclusive, of this act.

Sec. 1.3. “Custom processing establishment” means a fixed facility that slaughters or processes livestock or poultry for or upon request by the owner or person in lawful possession of the livestock or poultry at the facility. The term does not include an official establishment.

Sec. 1.7. “Mobile processing unit” means any truck, trailer, van or other vehicle that is used to slaughter or process livestock or poultry for or upon request by the owner or person in lawful possession of the livestock or poultry at the owner’s or person’s farm or other facility or at a location approved by the Officer. The term does not include an official establishment.

Sec. 2. 1. The State Quarantine Officer shall adopt regulations providing a process for the owner or operator of a farm or other facility that raises poultry to obtain a permit to slaughter and sell raw poultry to a consumer at the farm or other facility in this State.

2. The regulations adopted pursuant to subsection 1:

(a) Must set forth, without limitation:

(1) The requirements for the issuance or renewal of the permit;

(2) The fees, if any, for the issuance or renewal of the permit;

(3) The requirements for operating the farm or other facility, including, without limitation, standard operating procedures, sanitation, equipment, conditions, reporting, recordkeeping, labeling and packaging;

(4) A requirement for an inspection of the farm or other facility to be conducted at least annually and at such other times as deemed necessary by the Department; and

(5) Any other requirements the State Quarantine Officer determines are necessary to carry out the provisions of this section, including, without limitation, the issuance of a stop sale order for a violation of any provision of this chapter or regulations adopted pursuant to this chapter; and

(b) Must be consistent with any regulations adopted by the United States Department of Agriculture.

3. When an owner or operator of a farm or other facility is issued a permit pursuant to the regulations adopted pursuant to subsection 1, the farm or other facility for which the permit is issued shall be deemed to be an official establishment for the purposes of NRS 583.255 to 583.555, inclusive, and sections 1.3, 1.7 and 4 of this act.

Sec. 3. (Deleted by amendment.)

Sec. 4. 1. The Officer shall adopt regulations providing a process for a person to obtain a license to operate a custom processing establishment or mobile processing unit in this State.

2. The regulations adopted pursuant to subsection 1:

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(a) Must set forth, without limitation:

(1) The requirements for the issuance or renewal of the license;

(2) The fees, if any, for the issuance or renewal of the license;

(3) The requirements for operating the custom processing establishment or mobile processing unit, including, without limitation, standard operating procedures, sanitation, equipment, conditions, reporting, recordkeeping, labeling and packaging;

(4) A requirement for an inspection of the custom processing establishment or mobile processing unit to be conducted at least annually and at such other times as deemed necessary by the Department; and

(5) Any other requirements the Officer determines are necessary to carry out the provisions of this section, including, without limitation, the issuance of a stop sale order for a violation of any provision of this chapter or regulations adopted pursuant to this chapter; and

(b) Must be consistent with any regulations adopted by the United States Department of Agriculture.

3. When a person is issued a license to operate a custom processing facility or mobile processing unit pursuant to the regulations adopted pursuant to subsection 1, the custom processing facility or mobile processing unit for which the license is issued shall be deemed to be an official establishment for the purposes of this section and NRS 583.255 to 583.555, inclusive, and sections 1.3 and 1.7 of this act.

Sec. 5. NRS 583.080 is hereby amended to read as follows:

583.080 1. It shall be unlawful for any person, firm or corporation to possess, with intent to sell:

(a) The carcass or part of any carcass of any fowl which has died from any cause other than being slaughtered in a sanitary manner;

(b) The carcass or part of any carcass of any fowl that shows evidence of any disease, or that came from a sick or diseased fowl; or

(c) The carcass or part of any carcass of any fowl not processed in an establishment approved by the Department or in accordance with poultry regulations adopted by the Department [.] or a permit issued pursuant to section 2 of this act.

2. Any person, firm or corporation violating any of the provisions of this section is subject to a civil penalty pursuant to NRS 583.700.

Secs. 6-10. (Deleted by amendment.)

Sec. 11. NRS 583.255 is hereby amended to read as follows:

583.255 As used in NRS 583.255 to 583.555, inclusive, and sections 1.3, 1.7 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 583.265 to 583.429, inclusive, and sections 1.3 and 1.7 of this act have the meanings ascribed to them in those sections.

Sec. 12. NRS 583.439 is hereby amended to read as follows:

583.439 A person shall not, with respect to any poultry, cattle, sheep, swine, goats, horses, mules or other equines, rabbits, game mammals or birds, or any carcasses, parts of carcasses, meat or meat food products of any such animals:

1. Slaughter an animal or prepare an article which can be used as human food at any establishment preparing animals, carcasses or products for intrastate commerce, except in compliance with the provisions of NRS 583.255 to 583.555, inclusive [.] , and sections 1.3, 1.7 and 4 of this act.

2. Sell, transport, offer for sale or transportation or receive for transportation in intrastate commerce any such articles which:

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(a) Are capable of use as human food;

(b) Are adulterated or misbranded at the time of the sale, transportation, offer for sale or transportation, or receipt for transportation; or

Ê unless they have been so inspected and passed.

3. Do, with respect to any such articles which are capable of use as human food, any act while they are being transported in intrastate commerce or held for sale after transportation which is intended to cause or has the effect of causing any article to be adulterated or misbranded.

Sec. 13. NRS 583.469 is hereby amended to read as follows:

583.469 1. No article subject to the provisions of NRS 583.255 to 583.555, inclusive, and sections 1.3, 1.7 and 4 of this act shall be sold or offered for sale by any person, firm or corporation, in intrastate commerce, under any name or other marking or labeling which is false or misleading, or in any container of a misleading form or size, but established trade names and other markings and labeling and containers which are not false or misleading and which are approved by the Officer are permitted.

2. If the Officer has reason to believe any person, firm or corporation is violating subsection 1, the Officer may direct that such practice be stopped.

3. If such person, firm or corporation using or proposing to use such marking, labeling or container objects to the direction of the Officer, the person, firm or corporation may request a hearing, but the use of such marking, labeling or container shall, if the Officer so directs, be withheld pending the hearing and final determination by the Officer.

4. Any final determination by the Officer shall be conclusive unless, within 30 days after receipt of notice of such determination, the person, firm or corporation adversely affected thereby appeals to the district court for the county in which such person, firm or corporation has its principal place of business.

Sec. 14. NRS 583.475 is hereby amended to read as follows:

583.475 It is unlawful for any person:

1. To process, sell or offer for sale, transport or deliver or receive for transportation, in intrastate commerce, any livestock or poultry carcass or part thereof unless such article has been inspected and unless the article and its shipping container and immediate container, if any, are marked in accordance with the requirements of NRS 583.255 to 583.555, inclusive, and sections 1.3, 1.7 and 4 of this act or the Wholesome Meat Act or the Wholesome Poultry Products Act.

2. To sell or otherwise dispose of, for human food, any livestock or poultry carcass or part thereof which has been inspected and declared to be adulterated in accordance with NRS 583.255 to 583.555, inclusive, and sections 1.3, 1.7 and 4 of this act or which is misbranded.

3. Falsely to make or issue, alter, forge, simulate or counterfeit or use without proper authority any official inspection certificate, memorandum, mark or other identification, or device for making such mark or identification, used in connection with inspection in accordance with NRS 583.255 to 583.555, inclusive, and sections 1.3, 1.7 and 4 of this act, or cause, procure, aid, assist in, or be a party to such false making, issuing, altering, forging, simulating, counterfeiting or unauthorized use, or knowingly to possess, without promptly notifying the Officer or the Officer’s representative, utter, publish or use as true, or cause to be uttered, published or used as true, any such falsely made or issued, altered, forged, simulated or counterfeited official inspection certificate, memorandum, mark or other identification, or device for making such mark or identification, or to represent that any article has been officially inspected in accordance with NRS 583.255 to 583.555, inclusive, and sections 1.3, 1.7 and 4 of this act when such article has in fact not been so inspected, or knowingly to make any false representations in any certificate prescribed by the Officer or any form resembling any such certificate.

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identification, or device for making such mark or identification, or to represent that any article has been officially inspected in accordance with NRS 583.255 to 583.555, inclusive, and sections 1.3, 1.7 and 4 of this act when such article has in fact not been so inspected, or knowingly to make any false representations in any certificate prescribed by the Officer or any form resembling any such certificate.

4. To misbrand or do an act intending to misbrand any livestock or poultry carcass or part thereof, in intrastate commerce.

5. To use any container bearing an official inspection mark unless the article contained therein is in the original form in which it was inspected and covered by such mark unless the mark is removed, obliterated or otherwise destroyed.

6. To refuse at any reasonable time to permit access:

(a) By the Officer or his or her agents to the premises of an establishment in this state where carcasses of livestock or poultry, or parts thereof, are processed for intrastate commerce.

(b) By the Secretary of Agriculture or the Secretary’s representative to the premises of any establishment specified in paragraph (a), for inspection and the taking of reasonable samples.

7. To refuse to permit access to and the copying of any record as authorized by NRS 583.485.

8. To use for personal advantage, or reveal, other than to the authorized representatives of any state agency in their official capacity, or to the courts when relevant in any judicial proceeding, any information acquired under the authority of NRS 583.255 to 583.555, inclusive, and sections 1.3, 1.7 and 4 of this act concerning any matter which as a trade secret is entitled to protection.

9. To deliver, receive, transport, sell or offer for sale or transportation in intrastate commerce, for human consumption, any uneviscerated slaughtered poultry, or any livestock or poultry carcass or part thereof which has been processed in violation of any requirements under NRS 583.255 to 583.555, inclusive, and sections 1.3, 1.7 and 4 of this act, except as may be authorized by and pursuant to rules and regulations prescribed by the Officer.

10. To apply to any livestock or poultry carcass or part thereof, or any container thereof, any official inspection mark or label required by NRS 583.255 to 583.555, inclusive, and sections 1.3, 1.7 and 4 of this act, except by, or under the supervision of, an inspector.

Sec. 15. NRS 583.495 is hereby amended to read as follows:

583.495 1. A person who violates any of the provisions of NRS 583.475 and 583.485:

(a) For a first violation, is subject to a civil penalty pursuant to NRS 583.700.

(b) For a second violation, is guilty of a gross misdemeanor and subject to a civil penalty pursuant to NRS 583.700.

(c) For a third or subsequent violation, is guilty of a category D felony and shall be punished as provided in NRS 193.130 and subject to a civil penalty pursuant to NRS 583.700.

2. When construing or enforcing the provisions of NRS 583.255 to 583.555, inclusive, and sections 1.3, 1.7 and 4 of this act, the act, omission or failure of a person acting for or employed by an individual, partnership, corporation, association or other business unit, within the scope of the person’s employment or office, shall in every case be deemed the act, omission or failure of the individual, partnership, corporation, association or other business unit, as well as of the person.

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3. A carrier is not subject to the penalties imposed by this section by reason of the carrier’s receipt, carriage, holding or delivery, in the usual course of business as a carrier, of livestock or poultry carcasses or parts thereof owned by another person, unless the carrier:

(a) Has knowledge, or is in possession of facts which would cause a reasonable person to believe, that the articles do not comply with the provisions of NRS 583.255 to 583.555, inclusive [.] , and sections 1.3, 1.7 and 4 of this act.

(b) Refuses to furnish, on request of a representative of the Officer, the name and address of the person from whom the carrier received the livestock or poultry carcasses, or parts thereof, and copies of all documents pertaining to the delivery of such carcasses, or parts thereof, to the carrier.

4. A person, firm or corporation is not subject to the penalties imposed by this section for receiving for transportation any shipment in violation of NRS 583.255 to 583.555, inclusive, and sections 1.3, 1.7 and 4 of this act if the receipt was made in good faith, unless the person, firm or corporation refuses to furnish on request of a representative of the Officer:

(a) The name and address of the person from whom such shipment was received; and

(b) Copies of all documents pertaining to the delivery of the shipment to the person, firm or corporation.

Sec. 16. NRS 583.529 is hereby amended to read as follows:

583.529 1. Whenever any carcass, part of a carcass, meat or meat food product of poultry, cattle, sheep, swine, goats, horses, mules or other equines, or any product exempted from the definition of a meat food product, or any dead, dying, disabled or diseased poultry, cattle, sheep, swine, goat or equine is found by any authorized representative of the Officer upon any premises where it is held for purposes of, or during or after distribution in, intrastate commerce or otherwise subject to NRS 583.255 to 583.555, inclusive, and sections 1.3, 1.7 and 4 of this act and there is reason to believe that any such article is adulterated or misbranded and is capable of use as human food, or that it has not been inspected, in violation of the provisions of NRS 583.255 to 583.555, inclusive, and sections 1.3, 1.7 and 4 of this act, it may be detained by such representative for a period not to exceed 20 days, pending further investigation, and shall not be moved by any person, firm or corporation from the place at which it is located when so detained, until released by such representative.

2. All official marks may be required by such representative to be removed from such article or animal before it is released unless it appears to the satisfaction of the Officer that the article or animal is eligible to retain such marks.

Sec. 17. NRS 583.549 is hereby amended to read as follows:

583.549 The district courts of this state are vested with jurisdiction specifically to enforce and to prevent and restrain violations of NRS 583.255 to 583.555, inclusive [.] , and sections 1.3, 1.7 and 4 of this act.

Sec. 18. This act becomes effective:

1. Upon passage and approval for the purposes of adopting regulations and any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

2. On July 1, 2019, for all other purposes.

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