[Rev. 12/20/2019 5:02:10 PM]
κ2019 Statutes of Nevada, Page 2461κ
Senate Bill No. 69Committee on Government Affairs
CHAPTER 392
[Approved: June 5, 2019]
AN ACT relating to public safety; designating the month of October of each year as Cybersecurity Awareness Month; revising requirements relating to emergency response plans for schools, cities, counties and resort hotels; clarifying the authority of the Governor to call members of the Nevada National Guard into state active duty upon a request for assistance from certain governmental entities that have experienced a significant cybersecurity incident; requiring each city or county to adopt and maintain a cybersecurity incident response plan; revising the duties of the Nevada Office of Cyber Defense Coordination of the Department of Public Safety; requiring the Office to submit a quarterly report to the Governor regarding cybersecurity; revising provisions relating to the disclosure of records by the Office; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, various days, weeks and months of observance are recognized in this State. (NRS 236.018-236.073) Section 1 of this bill designates the month of October of each year as Cybersecurity Awareness Month in this State and requires the Governor to issue annually a proclamation encouraging the observance of Cybersecurity Awareness Month.
Existing law requires certain persons or entities to develop an emergency response plan for a school, a city or county, a resort hotel and a utility. (NRS 239C.250, 239C.270, 388.243, 394.1685, 463.790) Sections 3 and 8 of this bill standardize the requirements for emergency response plans for a city or county or resort hotel so that each such entity: (1) is required to annually review the plan and provide a copy of each updated plan to the Division of Emergency Management of the Department of Public Safety by a certain date; or (2) is authorized to submit a written certification in lieu of a revised plan if the plan has not changed. Sections 4 and 5 of this bill similarly require the board of trustees of a school district, the governing body of a charter school or the development committee of a private school to annually review and update an emergency response plan for the applicable school or schools and submit the plan to the Division by a certain date.
Section 8 additionally requires an emergency response plan developed by a resort hotel to include the name and telephone number of the person responsible for ensuring that the resort hotel is in compliance with the requirements in existing law relating to emergency response plans. In addition, section 8 requires the Nevada Gaming Control Board to provide a list of resort hotels to the Division upon request if the Board maintains such a list. Section 7 of this bill requires the Chief of the Division to provide notice to certain public officers or bodies regarding whether a person or entity the officer or body oversees has complied with the requirement that the person or entity annually submit a revised plan or, if applicable, a written certification. Section 7 also requires the Division to: (1) develop a written guide to assist a person or governmental entity that is required to file an emergency response plan; and (2) provide the guide to certain persons or governmental entities that are required to file an emergency response plan.
Under existing law, the Governor is authorized to order the Nevada National Guard into active service of the State for invasions, disasters, riots and other substantial threats to life or property. (NRS 412.122) Section 6 of this bill provides specific authority to the Governor to call members of the Nevada National Guard into such active service upon a request for assistance from a political subdivision or governmental utility that has experienced a significant cybersecurity incident.
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specific authority to the Governor to call members of the Nevada National Guard into such active service upon a request for assistance from a political subdivision or governmental utility that has experienced a significant cybersecurity incident.
The Nevada Office of Cyber Defense Coordination is created under existing law in the Department of Public Safety. (NRS 480.920) The Office is required to perform a variety of duties relating to the security of information systems of agencies of the Executive Branch of State Government and to prepare and maintain a statewide strategic plan regarding the security of information systems in Nevada. (NRS 480.924-480.930)
Section 9 of this bill requires each city or county to adopt and maintain a cybersecurity incident response plan and file the plan with the Office. Section 9 requires each city or county to review this plan at least once each year and, on or before December 31 of each year, file with the Office: (1) any revised plan resulting from the review; or (2) a written certification that the most recent plan filed is the current plan for the city or county. Section 9 also makes such plans confidential. Section 2 of this bill makes a conforming change.
Section 11 of this bill requires the Office to: (1) develop procedures for risk-based assessments that identify vulnerabilities in the information systems that are operated or maintained by state agencies and any potential threats that may exploit such vulnerabilities; (2) based on the results of risk-based assessments, identify risks to the security of information systems that are operated or maintained by state agencies; and (3) develop best practices for preparing for and mitigating such risks.
Existing law requires the Office to establish partnerships with local governments, the Nevada System of Higher Education and private entities that have expertise in cyber security or information systems to encourage the development of strategies to protect the security of information systems. (NRS 480.926) Section 11.5 of this bill expands this requirement to include all private entities, to the extent practicable.
Existing law requires the Administrator of the Office to appoint a cybersecurity incident response team or teams to assist in responding to a threat to the security of an information system. (NRS 480.928) Section 11.7 of this bill provides that such a team may include an investigator employed by the Investigation Division of the Department of Public Safety.
Existing law requires the Office to prepare and make publicly available a statewide strategic plan that outlines policies, procedures, best practices and recommendations for preparing for and mitigating risks to, and otherwise protecting, the security of information systems in this State and for recovering from and responding to such threats. (NRS 480.930) Section 12 of this bill provides that the statewide strategic plan must not identify or include information which allows for the identification of specific vulnerabilities in the information systems in this State. Section 12 requires each agency of the State Government that has adopted a cybersecurity policy to: (1) test periodically the adherence of its employees to that policy; and (2) submit the results of the testing to the Office for consideration in the update of the statewide strategic plan. Finally, in addition to the annual report that the Office is required to submit in existing law regarding its activities, section 13 of this bill requires the Office to submit a quarterly report to the Governor assessing the preparedness of Nevada to counteract, prevent and respond to potential cybersecurity threats. (NRS 480.932)
Existing law provides that any record of a state agency, including the Office, or a local government which identifies the detection of, the investigation of or a response to a suspected or confirmed threat to or attack on the security of an information system is not a public record and may be disclosed by the Administrator only to certain entities and only to protect the security of information systems or as a part of a criminal investigation. (NRS 480.940) Section 13.5 of this bill clarifies that a record obtained from a private entity may only be disclosed in these circumstances.
κ2019 Statutes of Nevada, Page 2463 (CHAPTER 392, SB 69)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 236 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The month of October of each year is designated as Cybersecurity Awareness Month in this State.
2. The Governor shall issue annually a proclamation encouraging the observance of Cybersecurity Awareness Month. The proclamation may, without limitation:
(a) Call upon state and local governmental agencies, private nonprofit groups and foundations, schools, businesses and other public and private entities to work toward the goal of helping all Americans stay safer and more secure online;
(b) Recognize the danger that cybersecurity threats pose to the economy and public infrastructure of this State; and
(c) Recognize the importance of collaboration among the departments and agencies in this State, the federal government and the private sector to keep this State safe from cybersecurity threats and to protect the residents of this State in the digital domain.
Sec. 2. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.035, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.
κ2019 Statutes of Nevada, Page 2464 (CHAPTER 392, SB 69)κ
387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.035, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 433.534, 433A.360, 437.145, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 445A.665, 445B.570, 449.209, 449.245, 449A.112, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.325, 641A.191, 641A.289, 641B.170, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 9 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.
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3. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.
4. A person may request a copy of a public record in any medium in which the public record is readily available. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in a readily available medium because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
Sec. 3. NRS 239C.250 is hereby amended to read as follows:
239C.250 1. Each political subdivision shall adopt and maintain a response plan. Each new or revised plan must be filed within 10 days after adoption or revision with:
(a) The Division; and
(b) Each response agency that provides services to the political subdivision.
2. The response plan required by subsection 1 and any revised response plan pursuant to subsection 3 must include:
(a) A drawing or map of the layout and boundaries of the political subdivision;
(b) A drawing or description of the streets and highways within, and leading into and out of, the political subdivision, including any approved routes for evacuation;
(c) The location and inventory of emergency response equipment and resources within the political subdivision;
(d) The location of any unusually hazardous substances within the political subdivision;
(e) A telephone number that may be used by residents of the political subdivision to receive information and to make reports with respect to an act of terrorism or related emergency;
(f) The location of one or more emergency response command posts that are located within the political subdivision;
(g) A depiction of the location of each police station, sheriffs office and fire station that is located within the political subdivision;
(h) Plans for the continuity of the operations and services of the political subdivision, which plans must be consistent with the provisions of NRS 239C.260; and
(i) Any other information that the Commission may determine to be relevant.
3. Each political subdivision shall review its response plan at least once each year and, as soon as practicable after the review is completed but not later than December 31 of each year, file with the Division and each response agency that provides services to the political subdivision:
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(a) Any revised response plan resulting from the review; or
(b) A written certification that the most recent response plan filed pursuant to subsection 1 is the current response plan for the political subdivision.
4. Except as otherwise provided in NRS 239.0115, a plan filed pursuant to the requirements of this section, including any revisions adopted thereto, is confidential and must be securely maintained by the entities with whom it is filed pursuant to subsection 1 [.] or 3. An officer, employee or other person to whom the plan is entrusted by the entity with whom it is filed shall not disclose the contents of such a plan except:
(a) Upon the lawful order of a court of competent jurisdiction;
(b) As is reasonably necessary in the case of an act of terrorism or related emergency; or
(c) Pursuant to the provisions of NRS 239.0115.
Sec. 4. NRS 388.245 is hereby amended to read as follows:
388.245 1. Each development committee shall, at least once each year, review and update as appropriate the plan that it developed pursuant to NRS 388.243. In reviewing and updating the plan, the development committee shall consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Department of Public Safety or his or her designee.
2. Each development committee shall provide an updated copy of the plan to the board of trustees of the school district that established the committee or the governing body of the charter school that established the committee.
3. On or before July 1 of each year, the board of trustees of the school district that established the committee or the governing body of the charter school that established the committee shall submit for approval to the Division of Emergency Management of the Department of Public Safety the plan updated pursuant to subsection 1.
4. The board of trustees of each school district and the governing body of each charter school shall:
(a) Post a notice of the completion of each review and update that its development committee performs pursuant to subsection 1 at each school in its school district or at its charter school;
(b) File with the Department a copy of the notice provided pursuant to paragraph (a);
(c) Post a copy of NRS 388.229 to 388.266, inclusive, at each school in its school district or at its charter school;
(d) Retain a copy of each plan developed pursuant to NRS 388.243, each plan updated pursuant to subsection 1 and each deviation approved pursuant to NRS 388.251;
(e) Provide a copy of each plan developed pursuant to NRS 388.243 and each plan updated pursuant to subsection 1 to:
(1) Each local public safety agency in the county in which the school district or charter school is located; and
(2) [The Division of Emergency Management of the Department of Public Safety; and
(3)] The local organization for emergency management, if any;
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(f) Upon request, provide a copy of each plan developed pursuant to NRS 388.243 and each plan updated pursuant to subsection 1 to a local agency that is included in the plan and to an employee of a school who is included in the plan;
(g) Provide a copy of each deviation approved pursuant to NRS 388.251 as soon as practicable to:
(1) The Department;
(2) A local public safety agency in the county in which the school district or charter school is located;
(3) The Division of Emergency Management of the Department of Public Safety;
(4) The local organization for emergency management, if any;
(5) A local agency that is included in the plan; and
(6) An employee of a school who is included in the plan; and
(h) At least once each year, provide training in responding to a crisis and training in responding to an emergency to each employee of the school district or of the charter school, including, without limitation, training concerning drills for evacuating and securing schools.
[4.] 5. The board of trustees of each school district and the governing body of each charter school may apply for and accept gifts, grants and contributions from any public or private source to carry out the provisions of NRS 388.229 to 388.266, inclusive.
Sec. 5. NRS 394.1688 is hereby amended to read as follows:
394.1688 1. Each development committee shall, at least once each year, review and update as appropriate the plan that it developed pursuant to NRS 394.1687. In reviewing and updating the plan, the development committee shall consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Department of Public Safety or his or her designee.
2. [Each] On or before July 1 of each year, each development committee shall provide an updated copy of the plan to the governing body of the school.
3. The governing body of each private school shall:
(a) Post a notice of the completion of each review and update that its development committee performs pursuant to subsection 1 at the school;
(b) File with the Department a copy of the notice provided pursuant to paragraph (a);
(c) Post a copy of NRS 388.253 and 394.168 to 394.1699, inclusive, at the school;
(d) Retain a copy of each plan developed pursuant to NRS 394.1687, each plan updated pursuant to subsection 1 and each deviation approved pursuant to NRS 394.1692;
(e) [Provide] On or before July 1 of each year, provide a copy of each plan developed pursuant to NRS 394.1687 and each plan updated pursuant to subsection 1 to:
(1) Each local public safety agency in the county in which the school is located;
(2) The Division of Emergency Management of the Department of Public Safety; and
(3) The local organization for emergency management, if any;
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(f) Upon request, provide a copy of each plan developed pursuant to NRS 394.1687 and each plan updated pursuant to subsection 1 to a local agency that is included in the plan and to an employee of the school who is included in the plan;
(g) Upon request, provide a copy of each deviation approved pursuant to NRS 394.1692 to:
(1) The Department;
(2) A local public safety agency in the county in which the school is located;
(3) The Division of Emergency Management of the Department of Public Safety;
(4) The local organization for emergency management, if any;
(5) A local agency that is included in the plan; and
(6) An employee of the school who is included in the plan; and
(h) At least once each year, provide training in responding to a crisis and training in responding to an emergency to each employee of the school, including, without limitation, training concerning drills for evacuating and securing the school.
4. As used in this section, public safety agency has the meaning ascribed to it in NRS 388.2345.
Sec. 6. NRS 412.122 is hereby amended to read as follows:
412.122 1. The Governor may in case of invasion, disaster, insurrection, riot, breach of the peace, or imminent danger thereof, or other substantial threat to life or property, or upon a request for assistance from a political subdivision or governmental utility, as defined in NRS 239C.050, that has experienced a significant cybersecurity incident, order into active service of the State for such a period, to such an extent and in such a manner as he or she deems necessary all or any part of the Nevada National Guard. The authority of the Governor includes the power to order the Nevada National Guard or any part thereof to function under the operational control of the United States Army, Navy or Air Force commander in charge of the defense of any area within the State which is invaded or attacked or is or may be threatened with invasion or attack.
2. In case of the absence of the Governor from the State, or if it is impossible to communicate immediately with the Governor, the civil officer making a requisition for troops may, if the civil officer deems the necessity imminent and not admitting of delay, serve a copy of the requisition, together with a statement of the Governors absence or the impossibility of immediately communicating with the Governor, upon the following officers in this order:
(a) Lieutenant Governor;
(b) Adjutant General; and
(c) Other officers designated in a chain of command prescribed by Office regulations.
Κ If the call is afterward disapproved by the Governor, the troops called into service must be disbanded immediately.
3. The Governor may order into active service of the State for such a period, to such an extent and in such a manner as the Governor deems necessary units or individual members of the Nevada National Guard when in his or her judgment the services of the units or members are required for:
(a) The furtherance of the organization, maintenance, discipline or training of the Nevada National Guard;
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(b) The welfare of the public; or
(c) Ceremonial functions of the State Government.
4. Whenever any portion of the Nevada National Guard is employed pursuant to subsection 1, the Governor, if in his or her judgment the maintenance of law and order will thereby be promoted, may by proclamation declare the county or city in which the troops are serving, or any specified portion thereof, to be under martial law.
Sec. 7. NRS 414.040 is hereby amended to read as follows:
414.040 1. A Division of Emergency Management is hereby created within the Department of Public Safety. The Chief of the Division is appointed by and holds office at the pleasure of the Director of the Department of Public Safety. The Division is the State Agency for Emergency Management and the State Agency for Civil Defense for the purposes of the Compact ratified by the Legislature pursuant to NRS 415.010. The Chief is the States Director of Emergency Management and the States Director of Civil Defense for the purposes of that Compact.
2. The Chief may employ technical, clerical, stenographic and other personnel as may be required, and may make such expenditures therefor and for other expenses of his or her office within the appropriation therefor, or from other money made available to him or her for purposes of emergency management, as may be necessary to carry out the purposes of this chapter.
3. The Chief, subject to the direction and control of the Director, shall carry out the program for emergency management in this state. The Chief shall coordinate the activities of all organizations for emergency management within the State, maintain liaison with and cooperate with agencies and organizations of other states and of the Federal Government for emergency management and carry out such additional duties as may be prescribed by the Director.
4. The Chief shall assist in the development of comprehensive, coordinated plans for emergency management by adopting an integrated process, using the partnership of governmental entities, business and industry, volunteer organizations and other interested persons, for the mitigation of, preparation for, response to and recovery from emergencies or disasters. In adopting this process, the Chief shall conduct activities designed to:
(a) Eliminate or reduce the probability that an emergency will occur or to reduce the effects of unavoidable disasters;
(b) Prepare state and local governmental agencies, private organizations and other persons to be capable of responding appropriately if an emergency or disaster occurs by fostering the adoption of plans for emergency operations, conducting exercises to test those plans, training necessary personnel and acquiring necessary resources;
(c) Test periodically plans for emergency operations to ensure that the activities of state and local governmental agencies, private organizations and other persons are coordinated;
(d) Provide assistance to victims, prevent further injury or damage to persons or property and increase the effectiveness of recovery operations; and
(e) Restore the operation of vital community life-support systems and return persons and property affected by an emergency or disaster to a condition that is comparable to or better than what existed before the emergency or disaster occurred.
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5. In addition to any other requirement concerning the program of emergency management in this State, the Chief shall:
(a) Maintain an inventory of any state or local services, equipment, supplies, personnel and other resources related to participation in the Nevada Intrastate Mutual Aid System established pursuant to NRS 414A.100;
(b) Coordinate the provision of resources and equipment within this State in response to requests for mutual aid pursuant to NRS 414.075 or chapter 414A of NRS; [and]
(c) Coordinate with state agencies, local governments, Indian tribes or nations and special districts to use the personnel and equipment of those state agencies, local governments, Indian tribes or nations and special districts as agents of the State during a response to a request for mutual aid pursuant to NRS 414.075 or 414A.130 [.] ; and
(d) Provide notice:
(1) On or before February 15 of each year to the governing body of each political subdivision of whether the political subdivision has complied with the requirements of NRS 239C.250;
(2) On or before February 15 of each year to the Chair of the Public Utilities Commission of Nevada of whether each utility that is not a governmental utility has complied with the requirements of NRS 239C.270;
(3) On or before February 15 of each year to the Governor of whether each governmental utility described in subsection 1 of NRS 239C.050 has complied with the requirements of NRS 239C.270;
(4) On or before February 15 of each year to the governing body of each governmental utility described in subsection 2 of NRS 239C.050 of whether each such governmental utility has complied with the requirements of NRS 239C.270;
(5) On or before August 15 of each year to the Superintendent of Public Instruction of whether each board of trustees of a school district, governing body of a charter school or governing body of a private school has complied with the requirements of NRS 388.243 or 394.1687, as applicable; and
(6) On or before November 15 of each year to the Chair of the Nevada Gaming Control Board of whether each resort hotel has complied with the requirements of NRS 463.790.
6. The Division shall perform the duties required pursuant to chapter 415A of NRS.
7. The Division shall perform the duties required pursuant to NRS 353.2753 at the request of a state agency or local government.
8. The Division shall develop a written guide for the preparation and maintenance of an emergency response plan to assist a person or governmental entity that is required to file a plan pursuant to NRS 239C.250, 239C.270, 388.243, 394.1687 or 463.790. The Division shall review the guide on an annual basis and revise the guide if necessary. On or before January 15 of each year, the Division shall provide the guide to:
(a) Each political subdivision required to adopt a response plan pursuant to NRS 239C.250;
(b) Each utility required to prepare and maintain an emergency response plan pursuant to NRS 239C.270;
(c) Each development committee required to develop a plan to be used in responding to a crisis, emergency or suicide by:
κ2019 Statutes of Nevada, Page 2471 (CHAPTER 392, SB 69)κ
(1) A public school or charter school pursuant to NRS 388.243; or
(2) A private school pursuant to NRS 394.1687; and
(d) Each resort hotel required to adopt an emergency response plan pursuant to NRS 463.790.
Sec. 8. NRS 463.790 is hereby amended to read as follows:
463.790 1. Each resort hotel shall adopt and maintain an emergency response plan. Each new or revised plan must be filed within 3 days after adoption or revision with each local fire department and local law enforcement agency whose jurisdiction includes the area in which the resort hotel is located and with the Division of Emergency Management of the Department of Public Safety.
2. The emergency response plan required by subsection 1 must include:
(a) A drawing or map of the layout of all areas within the building or buildings and grounds that constitute a part of the resort hotel and its support systems and a brief description of the purpose or use for each area;
(b) A drawing or description of the internal and external access routes;
(c) The location and inventory of emergency response equipment and resources;
(d) The location of any unusually hazardous substances;
(e) The name and telephone number of [the] :
(1) The emergency response coordinator for the resort hotel; and
(2) The person responsible for ensuring that the resort hotel is in compliance with this section;
(f) The location of one or more site emergency response command posts;
(g) A description of any special equipment needed to respond to an emergency at the resort hotel;
(h) An evacuation plan;
(i) A description of any public health or safety hazards present on the site; and
(j) Any other information requested by a local fire department or local law enforcement agency whose jurisdiction includes the area in which the resort hotel is located or by the Division of Emergency Management.
3. Each resort hotel shall review its emergency response plan at least once each year and, as soon as practicable after the review is completed but not later than November 1 of each year, file with each local fire department and local law enforcement agency whose jurisdiction includes the area in which the resort hotel is located and with the Division of Emergency Management:
(a) Any revised emergency response plan resulting from the review; or
(b) A written certification that the most recent emergency response plan filed pursuant to this subsection or subsection 1 is the current emergency response plan for the resort hotel.
4. A plan filed pursuant to the requirements of this section, including any revisions adopted thereto, is confidential and must be securely maintained by the department, agency and Division with whom it is filed. An officer, employee or other person to whom the plan is entrusted by the department, agency or Division shall not disclose the contents of such a plan except:
(a) Upon the lawful order of a court of competent jurisdiction; or
(b) As is reasonably necessary in the case of an emergency involving public health or safety.
κ2019 Statutes of Nevada, Page 2472 (CHAPTER 392, SB 69)κ
5. If the Board maintains a list of resort hotels, the Board shall provide a copy of the list to the Division of Emergency Management, upon request, for purposes of this section.
[4.] 6. As used in this section, the term local law enforcement agency means:
(a) The sheriffs office of a county;
(b) A metropolitan police department; or
(c) A police department of an incorporated city.
Sec. 9. Chapter 480 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each political subdivision shall adopt and maintain a cybersecurity incident response plan. Each new or revised plan must be filed within 10 days after adoption or revision with the Office.
2. The Office shall, by regulation, prescribe the contents of a cybersecurity incident response plan, which must include, without limitation, a plan:
(a) To prepare for a cybersecurity threat;
(b) To detect and analyze a cybersecurity threat;
(c) To contain, eradicate and recover from a cybersecurity incident; and
(d) For postincident activity that includes a discussion regarding lessons learned and any analytics associated with the cybersecurity incident.
3. Each political subdivision shall review its cybersecurity incident response plan at least once each year and, as soon as practicable after the review is completed but not later than December 31 of each year, file with the Office:
(a) Any revised cybersecurity incident response plan resulting from the review; or
(b) A written certification that the most recent cybersecurity incident response plan filed pursuant to this subsection or subsection 1 is the current cybersecurity incident response plan for the political subdivision.
4. Except as otherwise provided in NRS 239.0115, a cybersecurity incident response plan filed pursuant to the requirements of this section, including any revisions adopted thereto, is confidential and must be securely maintained by the Office. An officer, employee or other person to whom the plan is entrusted by the Office shall not disclose the contents of such a plan except:
(a) Upon the lawful order of a court of competent jurisdiction;
(b) As is reasonably necessary in the case of an act of terrorism or related emergency; or
(c) Pursuant to the provisions of NRS 239.0115.
5. As used in this section, political subdivision means a city or county of this State.
Sec. 10. NRS 480.902 is hereby amended to read as follows:
480.902 As used in NRS 480.900 to 480.950, inclusive, and section 9 of this act, unless the context otherwise requires, the words and terms defined in NRS 480.904 to 480.912, inclusive, have the meanings ascribed to them in those sections.
κ2019 Statutes of Nevada, Page 2473 (CHAPTER 392, SB 69)κ
Sec. 11. NRS 480.924 is hereby amended to read as follows:
480.924 [1.] The Office shall:
[(a) Periodically review the information systems that are operated or maintained by state agencies.
(b) Identify]
1. Develop procedures for risk-based assessments that identify vulnerabilities in the information systems that are operated or maintained by state agencies and any potential threats that may exploit such vulnerabilities.
2. Based on the results of risk-based assessments, identify risks to the security of information systems that are operated or maintained by state agencies.
[(c)] 3. Develop [and update, as necessary, strategies, standards and guidelines] best practices for preparing for and mitigating risks to, and otherwise protecting, the security of information systems that are operated or maintained by state agencies.
[(d) Coordinate performance audits and assessments of the information systems of state agencies to determine, without limitation, adherence to the regulations, standards, practices, policies and conventions of the Division of Enterprise Information Technology Services of the Department of Administration that are identified by the Division as security-related.
(e) Coordinate statewide programs for awareness and training regarding risks to the security of information systems that are operated or maintained by state agencies.
2. Upon review of an information system that is operated or maintained by a state agency, the Office may make recommendations to the state agency and the Division of Enterprise Information Technology Services regarding the security of the information system.]
Sec. 11.5. NRS 480.926 is hereby amended to read as follows:
480.926 The Office shall:
1. Establish partnerships with:
(a) Local governments;
(b) The Nevada System of Higher Education; and
(c) Private entities [that have expertise in cyber security or information systems,] , to the extent practicable,
Κ to encourage the development of strategies to prepare for and mitigate risks to, and otherwise protect, the security of information systems that are operated or maintained by a public or private entity in this State.
2. Establish partnerships to assist and receive assistance from local governments and appropriate agencies of the Federal Government regarding the development of strategies to prepare for and mitigate risks to, and otherwise protect, the security of information systems.
3. Consult with the Division of Emergency Management of the Department and the Division of Enterprise Information Technology Services of the Department of Administration regarding the development of strategies to prepare for and mitigate risks to, and otherwise protect, the security of information systems.
4. Coordinate with the Investigation Division of the Department regarding gathering intelligence on and initiating investigations of cyber threats and incidents.
κ2019 Statutes of Nevada, Page 2474 (CHAPTER 392, SB 69)κ
Sec. 11.7. NRS 480.928 is hereby amended to read as follows:
480.928 1. The Office shall establish policies and procedures for:
(a) A state agency to notify the Office of any specific threat to the security of an information system operated or maintained by the state agency;
(b) Any other public or private entity to voluntarily notify the Office of any specific threat to the security of an information system;
(c) The Office to notify state agencies, appropriate law enforcement and prosecuting authorities and any other appropriate public or private entity of any specific threat to the security of an information system of which the Office has been notified; and
(d) The Administrator to convene a cybersecurity incident response team appointed pursuant to subsection 2 upon notification of the Office of a specific threat to the security of an information system.
2. In consultation with appropriate state agencies, local governments and agencies of the Federal Government, the Administrator shall appoint a cybersecurity incident response team or teams. Such a team may include, without limitation, an investigator employed by the Investigation Division of the Department.
3. A cybersecurity incident response team appointed pursuant to subsection 2 shall convene at the call of the Administrator and, subject to the direction of the Administrator, shall assist the Office and any appropriate state agencies, local governments or agencies of the Federal Government in responding to the threat to the security of an information system.
4. A private entity may, in its discretion, use the services of a cybersecurity incident response team appointed pursuant to subsection 2.
Sec. 12. NRS 480.930 is hereby amended to read as follows:
480.930 1. The Office shall prepare and make publicly available a statewide strategic plan that outlines policies, procedures, best practices and recommendations for preparing for and mitigating risks to, and otherwise protecting, the security of information systems in this State and for recovering from and otherwise responding to threats to or attacks on the security of information systems in this State. The statewide strategic plan prepared and made available pursuant to this subsection must not identify or include information which allows for the identification of specific vulnerabilities in the information systems in this State.
2. The statewide strategic plan must include, without limitation, policies, procedures, best practices and recommendations for:
(a) Identifying, preventing and responding to threats to and attacks on the security of information systems in this State;
(b) Ensuring the safety of, and the continued delivery of essential services to, the people of this State in the event of a threat to or attack on the security of an information system in this State;
(c) Protecting the confidentiality of personal information that is stored on, transmitted to, from or through, or generated by an information system in this State;
(d) Investing in technologies, infrastructure and personnel for protecting the security of information systems; and
(e) Enhancing the voluntary sharing of information and any other collaboration among state agencies, local governments, agencies of the Federal Government and appropriate private entities regarding protecting the security of information systems.
κ2019 Statutes of Nevada, Page 2475 (CHAPTER 392, SB 69)κ
3. The statewide strategic plan must be updated at least every 2 years.
4. A private entity may, in its discretion, make use of the information set forth in the statewide strategic plan.
5. Each agency of the State Government that has adopted a cybersecurity policy shall test the adherence of its employees to that policy on a periodic basis. Such an agency shall submit the results of the testing to the Office annually for consideration in the update of the statewide strategic plan.
Sec. 13. NRS 480.932 is hereby amended to read as follows:
480.932 1. The Office shall quarterly prepare and submit to the Governor a report assessing the preparedness of the State, as of the date of the report, to counteract, prevent and respond to potential cybersecurity threats. The report must be based on information and documents readily available to the Office.
2. The Office shall annually prepare a report that includes, without limitation:
(a) A summary of the progress made by the Office during the previous year in executing, administering and enforcing the provisions of NRS 480.900 to 480.950, inclusive, and section 9 of this act and performing such duties and exercising such powers as are conferred upon it pursuant to NRS 480.900 to 480.950, inclusive, and section 9 of this act and any other specific statute;
(b) A general description of any threat during the previous year to the security of an information system that prompted the Administrator to convene a cybersecurity incident response team pursuant to NRS 480.928, and a summary of the response to the threat;
(c) A summary of the goals and objectives of the Office for the upcoming year;
(d) A summary of any issues presenting challenges to the Office; and
(e) Any other information that the Administrator determines is appropriate to include in the report.
[2.] 3. The report required pursuant to subsection [1] 2 must be submitted not later than July 1 of each year to the Governor and to the Nevada Commission on Homeland Security created by NRS 239C.120.
Sec. 13.5. NRS 480.940 is hereby amended to read as follows:
480.940 1. Any record of a state agency, including the Office, or a local government , including, without limitation, a record obtained from a private entity, which identifies the detection of, the investigation of or a response to a suspected or confirmed threat to or attack on the security of an information system is not a public record and may be disclosed by the Administrator only to another state agency or local government, a cybersecurity incident response team appointed pursuant to NRS 480.928 and appropriate law enforcement or prosecuting authorities and only for the purposes of preparing for and mitigating risks to, and otherwise protecting, the security of information systems or as part of a criminal investigation.
2. The Office shall not require any private entity to provide any information or data that, in the sole discretion of the private entity, would compromise any information system of the private entity if such information or data were made public.
Sec. 14. This act becomes effective upon passage and approval.
________
κ2019 Statutes of Nevada, Page 2476κ
Senate Bill No. 221Senator Settelmeyer
CHAPTER 393
[Approved: June 5, 2019]
AN ACT relating to trespassing; revising provisions governing warnings against trespassing; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law makes it a misdemeanor for a person to go upon the land or into any building of another in certain circumstances, including willfully going or remaining on land or in a building after being warned by the owner or occupant thereof not to trespass. For the purposes of determining whether a person has been given sufficient warning not to trespass, the owner or occupant of land may: (1) paint the area in a certain manner depending on the use of the land; (2) fence the area; or (3) make an oral or written demand to vacate the land or building. (NRS 207.200)
This bill: (1) revises provisions governing the requirements for painting certain posts, structures or natural objects to remove the distinction based on the use of the land; (2) provides that posting no trespassing signs in certain areas provides sufficient warning against trespass; (3) provides that using an area as cultivated land provides sufficient warning against trespass; and (4) defines the term cultivated land for such purposes.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 207.200 is hereby amended to read as follows:
207.200 1. Unless a greater penalty is provided pursuant to NRS 200.603, any person who, under circumstances not amounting to a burglary:
(a) Goes upon the land or into any building of another with intent to vex or annoy the owner or occupant thereof, or to commit any unlawful act; or
(b) Willfully goes or remains upon any land or in any building after having been warned by the owner or occupant thereof not to trespass,
Κ is guilty of a misdemeanor. The meaning of this subsection is not limited by subsections 2 and 4.
2. A sufficient warning against trespassing, within the meaning of this section, is given by any of the following methods:
(a) [If the land is used for agricultural purposes or for herding or grazing livestock, by painting] Painting with fluorescent orange paint:
(1) Not less than 50 square inches [of the exterior portion] of a structure or natural object or the top 12 inches [of the exterior portion] of a post, whether made of wood, metal or other material, at:
(I) Intervals of such a distance as is necessary to ensure that at least one such structure, natural object or post would be within the direct line of sight of a person standing next to another such structure, natural object or post, but at intervals of not more than 1,000 feet; and
(II) Each corner of the land, upon or near the boundary; and
(2) Each side of all gates, cattle guards and openings that are designed to allow human ingress to the area;
κ2019 Statutes of Nevada, Page 2477 (CHAPTER 393, SB 221)κ
(b) [If the land is not used in the manner specified in paragraph (a), by painting with fluorescent orange paint not less than 50 square inches of the exterior portion of a structure or natural object or the top 12 inches of the exterior portion of a post, whether made of wood, metal or other material, at:
(1) Intervals of such a distance as is necessary to ensure that at least one such structure, natural object or post would be within the direct line of sight of a person standing next to another such structure, natural object or post, but at intervals of not more than 200 feet; and
(2) Each corner of the land, upon or near the boundary;
(c)] Fencing the area; [or
(d)] (c) Posting no trespassing signs or other notice of like meaning at:
(1) Intervals of such a distance as is necessary to ensure that at least one such sign would be within the direct line of sight of a person standing next to another such sign, but at intervals of not more than 500 feet; and
(2) Each corner of the land, upon or near the boundary;
(d) Using the area as cultivated land; or
(e) By the owner or occupant of the land or building making an oral or written demand to any guest to vacate the land or building.
3. It is prima facie evidence of trespass for any person to be found on private or public property which is posted or fenced as provided in subsection 2 without lawful business with the owner or occupant of the property.
4. An entryman on land under the laws of the United States is an owner within the meaning of this section.
5. As used in this section:
(a) Cultivated land means land that has been cleared of its natural vegetation and is presently planted with a crop.
(b) Fence means a barrier sufficient to indicate an intent to restrict the area to human ingress, including, but not limited to, a wall, hedge or chain link or wire mesh fence. The term does not include a barrier made of barbed wire.
[(b)] (c) Guest means any person entertained or to whom hospitality is extended, including, but not limited to, any person who stays overnight. The term does not include a tenant as defined in NRS 118A.170.
Sec. 2. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 2478κ
Senate Bill No. 346Senator D. Harris
CHAPTER 394
[Approved: June 5, 2019]
AN ACT relating to marijuana; authorizing an independent contractor to enter into a contract with a marijuana establishment or medical marijuana establishment to provide certain training; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the licensure or registration of marijuana establishments, medical marijuana establishments and medical marijuana establishment agents by the Department of Taxation. (Chapters 453A and 453D of NRS) Sections 3 and 7 of this bill authorize an independent contractor to enter into a contract to provide training to medical marijuana establishment agents or agents of a marijuana establishment. Sections 3 and 7 require such an independent contractor to submit a plan to the Department describing the manner in which such training will be conducted.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1 and 2. (Deleted by amendment.)
Sec. 3. Chapter 453A of NRS is hereby amended by adding thereto a new section to read as follows:
1. An independent contractor, including, without limitation, an educational institution, nonprofit organization or labor organization, may enter into a contract with a medical marijuana establishment to provide training to the medical marijuana establishment agents who volunteer or work at, contract to provide labor to or are employed by an independent contractor to provide labor to the medical marijuana establishment.
2. The Department shall issue to an independent contractor who wishes to provide training as described in subsection 1 a medical marijuana establishment agent registration card if:
(a) The independent contractor submits to the Department an organized, written plan describing the manner in which the independent contractor will conduct the training which has been agreed to by the independent contractor and the medical marijuana establishment; and
(b) The independent contractor satisfies the requirements of NRS 453A.332.
Sec. 4. NRS 453A.370 is hereby amended to read as follows:
453A.370 The Department shall adopt such regulations as it determines to be necessary or advisable to carry out the provisions of NRS 453A.320 to 453A.370, inclusive [.] , and section 3 of this act. Such regulations are in addition to any requirements set forth in statute and must, without limitation:
1. Prescribe the form and any additional required content of registration and renewal applications submitted pursuant to NRS 453A.322 and 453A.332.
κ2019 Statutes of Nevada, Page 2479 (CHAPTER 394, SB 346)κ
2. Set forth rules pertaining to the safe and healthful operation of medical marijuana establishments, including, without limitation:
(a) The manner of protecting against diversion and theft without imposing an undue burden on medical marijuana establishments or compromising the confidentiality of the holders of registry identification cards and letters of approval.
(b) Minimum requirements for the oversight of medical marijuana establishments.
(c) Minimum requirements for the keeping of records by medical marijuana establishments.
(d) Provisions for the security of medical marijuana establishments, including, without limitation, requirements for the protection by a fully operational security alarm system of each medical marijuana establishment.
(e) Procedures pursuant to which medical marijuana dispensaries must use the services of an independent testing laboratory to ensure that any marijuana, edible marijuana products and marijuana-infused products sold by the dispensaries to end users are tested for content, quality and potency in accordance with standards established by the Department.
(f) Procedures pursuant to which a medical marijuana dispensary will be notified by the Department if a patient who holds a valid registry identification card or letter of approval has chosen the dispensary as his or her designated medical marijuana dispensary, as described in NRS 453A.366.
(g) Minimum requirements for industrial hemp, as defined in NRS 557.160, which is used by a facility for the production of edible marijuana products or marijuana-infused products to manufacture edible marijuana products or marijuana-infused products or dispensed by a medical marijuana dispensary.
3. Establish circumstances and procedures pursuant to which the maximum fees set forth in NRS 453A.344 may be reduced over time to ensure that the fees imposed pursuant to NRS 453A.344 are, insofar as may be practicable, revenue neutral.
4. Set forth the amount of usable marijuana that a medical marijuana dispensary may dispense to a person who holds a valid registry identification card, including, without limitation, a designated primary caregiver, in any one 14-day period. Such an amount must not exceed the limits set forth in NRS 453A.200.
5. As far as possible while maintaining accountability, protect the identity and personal identifying information of each person who receives, facilitates or delivers services in accordance with this chapter.
6. In cooperation with the applicable professional licensing boards, establish a system to:
(a) Register and track attending providers of health care who advise their patients that the medical use of marijuana may mitigate the symptoms or effects of the patients medical condition;
(b) Insofar as is possible, track and quantify the number of times an attending provider of health care described in paragraph (a) makes such an advisement; and
(c) Provide for the progressive discipline of attending providers of health care who advise the medical use of marijuana at a rate at which the Department, in consultation with the Division, and applicable board determine and agree to be unreasonably high.
κ2019 Statutes of Nevada, Page 2480 (CHAPTER 394, SB 346)κ
7. Establish different categories of medical marijuana establishment agent registration cards, including, without limitation, criteria for training and certification, for each of the different types of medical marijuana establishments at which such an agent may be employed or volunteer or provide labor as a medical marijuana establishment agent.
8. Provide for the maintenance of a log by the Department, in consultation with the Division, of each person who is authorized to cultivate, grow or produce marijuana pursuant to subsection 6 of NRS 453A.200. The Department shall ensure that the contents of the log are available for verification by law enforcement personnel 24 hours a day.
9. Determine whether any provision of NRS 453A.350 or 453A.352 would make the operation of a medical marijuana establishment or marijuana establishment, as defined in NRS 453D.030, by a dual licensee, as defined in NRS 453D.030, unreasonably impracticable, as defined in NRS 453D.030.
10. Address such other matters as may assist in implementing the program of dispensation contemplated by NRS 453A.320 to 453A.370, inclusive [.] , and section 3 of this act.
Secs. 5 and 6. (Deleted by amendment.)
Sec. 7. Chapter 453D of NRS is hereby amended by adding thereto a new section to read as follows:
An independent contractor, including, without limitation, an educational institution, nonprofit organization or labor organization, may enter into a contract with a marijuana establishment to provide training to the agents of a marijuana establishment who volunteer or work at, contract to provide labor to or are employed by an independent contractor to provide labor to the marijuana establishment if:
1. The independent contractor submits to the Department an organized, written plan describing the manner in which the independent contractor will conduct the training which has been agreed to by the independent contractor and the marijuana establishment; and
2. The independent contractor satisfies any other requirements prescribed by the Department.
Secs. 8-19. (Deleted by amendment.)
Sec. 20. This act becomes effective on January 2, 2020.
________
κ2019 Statutes of Nevada, Page 2481κ
Senate Bill No. 363Senator Woodhouse
CHAPTER 395
[Approved: June 5, 2019]
AN ACT relating to public health; requiring the Legislative Committee on Health Care to study matters relating to stem cell centers during the 2019-2021 legislative interim; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill requires the Legislative Committee on Health Care, during the 2019-2021 legislative interim, to: (1) study stem cell centers in different states and countries; (2) study the services provided by stem cell centers and the value such centers bring to the community; (3) study the best placement and type of organization for a stem cell center in this State; and (4) propose appropriate legislation to the 81st Session of the Legislature.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-13. (Deleted by amendment.)
Sec. 13.5. 1. As part of its review of health care during the 2019-2021 legislative interim, the Legislative Committee on Health Care shall study:
(a) Stem cell centers in different states and countries to determine the best practices for operating such a center;
(b) The services that stem cell centers provide and the value that such centers bring to the country, state or community in which such centers are located; and
(c) The best placement for a stem cell center in this State, including, without limitation, whether a stem cell center should be established as part of a state agency, as a program within the Nevada System of Higher Education or as a public or private nonprofit entity.
2. On or before September 1, 2020, the Legislative Committee on Health Care shall submit its findings and any recommendations for legislation to the Governor and the Director of the Legislative Counsel Bureau for transmission to the 81st Session of the Legislature.
Sec. 14. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 2482κ
Senate Bill No. 427Committee on Judiciary
CHAPTER 396
[Approved: June 5, 2019]
AN ACT relating to business entities; revising provisions governing the resignation of registered agents; revising provisions governing the records kept by a corporation and made available for inspection to certain persons; revising provisions concerning certain distributions to stockholders; revising provisions governing meetings of stockholders of corporations; authorizing the removal of a director of a corporation under certain circumstances; revising provisions relating to the appointment of a receiver for a private corporation; establishing the appointment of a receiver for a limited-liability company; revising the definition of sales representative for purposes relating to securities; revising provisions relating to limitations on the right of a stockholder to dissent; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires a registered agent who wishes to resign to file a statement of resignation and an affidavit with the Secretary of State stating that written notice was provided to each represented entity. (NRS 77.370) Section 1 of this bill eliminates the requirement to file such an affidavit and provides that the statement of resignation must state that written notice of the resignation has been or will be provided to each represented entity from which the agent is resigning.
Existing law regulates business entities, including private corporations. (Chapter 78 of NRS) Sections 2-9 of this bill revise certain provisions relating to private corporations. Existing law requires a private corporation to keep, among other documents, a stock ledger or duplicate thereof, and make such records available for inspection after a demand by certain persons. (NRS 78.105) Sections 2-5 of this bill revise such requirements by: (1) clarifying which records must be kept by the corporation and made available for inspection; (2) clarifying which persons are entitled to inspect such records; and (3) revising the requirements to submit a demand to inspect records made available for inspection. Section 6 of this bill establishes the record date fixed by the board of directors for the purpose of making distributions to stockholders. Section 8 of this bill authorizes the removal of a director of a corporation under certain circumstances. Section 9 of this bill revises provisions related to the appointment of a receiver.
Existing law governs the meeting of stockholders, including the requirements for participation and whether a quorum is present at such a meeting. (NRS 78.320) Section 7 of this bill revises requirements for determining whether a quorum is present at a meeting of stockholders.
Existing law provides for the appointment of a receiver for the creditors and stockholders of a private corporation. (NRS 78.630-78.720) Sections 10-28 of this bill enact similar provisions for a limited-liability company.
Section 30 of this bill expands provisions relating to limitations on the right of a stockholder to dissent.
κ2019 Statutes of Nevada, Page 2483 (CHAPTER 396, SB 427)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 77.370 is hereby amended to read as follows:
77.370 1. A registered agent may resign at any time with respect to a represented entity by filing with the Secretary of State a statement of resignation signed by or on behalf of the agent which states:
(a) The name of the entity;
(b) The name of the agent; [and]
(c) That the agent resigns from serving as agent for service of process for the entity [.] ; and
(d) That written notice of the resignation has been or will be provided to each represented entity from which the registered agent is resigning.
2. A statement of resignation takes effect on the earlier of the 31st day after the day on which it is filed or the appointment of a new registered agent for the represented entity.
3. The registered agent shall promptly furnish the represented entity with notice in a record of the date on which a statement of resignation was filed . [and shall file with the Secretary of State an affidavit stating that written notice of the resignation has been provided to each represented entity. The affidavit must include the name of each represented entity that was provided notice, but is not required to include the contact information of the represented entity or the names of the interest holders of the represented entity.] The registered agent shall keep a copy of each notice provided to a represented entity on file for 1 year after the date of filing the statement of resignation and shall make any such copy available to the Secretary of State upon request.
4. When a statement of resignation takes effect, the registered agent ceases to have responsibility for any matter tendered to it as agent for the represented entity. A resignation under this section does not affect any contractual rights the entity may have against the agent or that the agent may have against the entity.
5. A registered agent may resign with respect to a represented entity whether or not the entity is in good standing.
Sec. 2. NRS 78.010 is hereby amended to read as follows:
78.010 1. As used in this chapter:
(a) Approval and vote as describing action by the directors or stockholders mean the vote of directors in person or by written consent or of stockholders in person, by proxy or by written consent.
(b) Articles, articles of incorporation and certificate of incorporation are synonymous terms and, unless the context otherwise requires, include all certificates filed pursuant to NRS 78.030, 78.180, 78.185, 78.1955, 78.209, 78.380, 78.385, 78.390, 78.725 and 78.730 and any articles of merger, conversion, exchange or domestication filed pursuant to NRS 92A.200 to 92A.240, inclusive, or 92A.270. Unless the context otherwise requires, these terms include restated articles and certificates of incorporation.
(c) Directors and trustees are synonymous terms.
(d) Entity means a foreign or domestic:
(1) Corporation, whether or not for profit;
(2) Limited-liability company;
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(3) Limited partnership; or
(4) Business trust.
(e) Principal office means the office, in or out of this State, where the principal executive offices of a domestic or foreign corporation are located.
(f) Receiver includes receivers and trustees appointed by a court as provided in this chapter or in chapter 32 of NRS.
(g) Registered agent has the meaning ascribed to it in NRS 77.230.
(h) Registered office means the office maintained at the street address of the registered agent.
(i) Stockholder of record means a person whose name appears on the stock ledger of the corporation [.] as the owner of record of shares of any class or series of the stock of the corporation. The term does not include a beneficial owner of shares who is not simultaneously the owner of record of such shares as indicated in the stock ledger.
2. General terms and powers given in this chapter are not restricted by the use of special terms, or by any grant of special powers contained in this chapter.
Sec. 3. NRS 78.105 is hereby amended to read as follows:
78.105 1. A corporation shall keep a copy of the following records at its principal office or with its custodian of records whose name and street address are available at the corporations registered office:
(a) A copy certified by the Secretary of State of its articles of incorporation, and all amendments thereto;
(b) A copy certified by an officer of the corporation of its bylaws and all amendments thereto; and
(c) A stock ledger or a duplicate stock ledger, revised annually not later than 60 days after the date by which an annual list is required to be filed pursuant to NRS 78.150, containing the names, alphabetically arranged, of all persons who are stockholders of record of the corporation, showing their places of residence, if known, and the number of shares held by them respectively. A corporation is not required to keep a list of any person who is a beneficial owner of any shares who is not simultaneously the stockholder of record of such shares, or any other information concerning any person having an interest in the corporation, except for the stock ledger or duplicate stock ledger required by this paragraph. Absent manifest error or actual fraud, the stock ledger of the corporation, as maintained by the corporation or its designated transfer agent, shall conclusively determine the stockholders of record of the corporation.
2. Any person who has been a stockholder of record of a corporation for at least 6 months immediately preceding the demand, or any person holding, or thereunto authorized in writing by the holders of, at least 5 percent of all of its outstanding shares, upon at least 5 days written demand , including the affidavit required pursuant to subsection 3, is entitled to inspect in person or by agent or attorney, during usual business hours, the records required by subsection 1 and make copies therefrom. Holders of voting trust certificates representing shares of the corporation must be regarded as stockholders for the purpose of this subsection. If the records required by subsection 1 are kept outside of this State, a stockholder or other person entitled to inspect those records may serve a demand to inspect the records upon the corporations registered agent. Upon such a request, the corporation shall send copies of the requested records, either in paper or electronic form, to the stockholder or other person entitled to inspect the requested records within 10 business days after service of the request upon the registered agent.
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requested records within 10 business days after service of the request upon the registered agent. Every corporation that neglects or refuses to keep the records required by subsection 1 open for inspection, as required in this subsection, shall forfeit to the State the sum of $25 for every day of such neglect or refusal.
3. Together with the written demand required pursuant to subsection 2, a stockholder or other person who wishes to inspect the records required by subsection 1 or make copies therefrom shall furnish an affidavit to the corporation stating that the inspection is not desired for a purpose which is in the interest of a business or object other than the business of the corporation and that the stockholder or other person has not at any time sold or offered for sale any list of stockholders or any domestic or foreign corporation or aided or abetted any person in procuring any such record of stockholders for any such purpose.
4. If any corporation willfully neglects or refuses to make any proper entry in the stock ledger or duplicate copy thereof, or neglects or refuses to permit an inspection of the records required by subsection 1 upon demand by a person entitled to inspect them, or refuses to permit copies to be made therefrom, as provided in subsection 2, the corporation is liable to the person injured for all damages resulting to the person therefrom.
[4.] 5. In every instance where an attorney or other agent of the stockholder seeks the right of inspection, the demand must be accompanied by a power of attorney signed by the stockholder authorizing the attorney or other agent to inspect on behalf of the stockholder.
[5.] 6. The right to copy records under subsection 2 includes, if reasonable, the right to make copies by photographic, xerographic or other means.
[6.] 7. The corporation may impose a reasonable charge to recover the costs of labor and materials and the cost of copies of any records provided to the stockholder.
Sec. 4. NRS 78.107 is hereby amended to read as follows:
78.107 1. An inspection authorized by NRS 78.105 may be denied to a stockholder or other person upon the refusal of the stockholder or other person to furnish to the corporation [an] the affidavit [that the inspection is not desired for a purpose which is in the interest of a business or object other than the business of the corporation and that the stockholder or other person has not at any time sold or offered for sale any list of stockholders of any domestic or foreign corporation or aided or abetted any person in procuring any such record of stockholders for any such purpose.] required pursuant to subsection 3 of NRS 78.105.
2. It is a defense to any action for penalties or damages under NRS 78.105 that the person suing has at any time sold, or offered for sale, any list of stockholders of the corporation, or any other corporation, or has aided or abetted any person in procuring any such stock list for any such purpose, or that the person suing desired inspection for a purpose which is in the interest of a business or object other than the business of the corporation.
3. This section does not impair the power or jurisdiction of any court to compel the production for examination of the [books] records required by subsection 1 of [a corporation] NRS 78.105 in any proper case. This subsection does not authorize or establish any right of inspection or examination independent from the right of inspection or examination authorized by NRS 78.105.
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Sec. 5. NRS 78.257 is hereby amended to read as follows:
78.257 1. Any person who has been a stockholder of record of any corporation and owns not less than 15 percent of all of the issued and outstanding shares of the stock of such corporation or has been authorized in writing by the holders of at least 15 percent of all its issued and outstanding shares, upon at least 5 days written demand, including the affidavit required pursuant to subsection 2, is entitled to inspect in person or by agent or attorney, during normal business hours, the books of account and all financial records of the corporation, to make copies of records, and to conduct an audit of such records. Holders of voting trust certificates representing 15 percent of the issued and outstanding shares of the corporation are regarded as stockholders for the purpose of this subsection. The right of stockholders to inspect the corporate records may not be limited in the articles or bylaws of any corporation.
2. Together with the written demand required pursuant to subsection 1, a person who wishes to exercise the rights set forth in subsection 1 shall furnish an affidavit to the corporation stating that the inspection, copies or audit is not desired for any purpose not related to his or her interest as a stockholder.
3. All costs for making copies of records or conducting an audit must be borne by the person exercising the rights set forth in subsection 1.
[3.] 4. The rights authorized by subsection 1 may be denied to any stockholder upon the stockholders refusal to furnish the corporation an affidavit [that such inspection, copies or audit is not desired for any purpose not related to his or her interest in the corporation as a stockholder.] required pursuant to subsection 2. Any stockholder or other person, exercising rights set forth in subsection 1, who uses or attempts to use information, records or other data obtained from the corporation, for any purpose not related to the stockholders interest in the corporation as a stockholder, is guilty of a gross misdemeanor.
[4.] 5. If any officer or agent of any corporation keeping records in this State willfully neglects or refuses to permit an inspection of the books of account and financial records upon demand by a person entitled to inspect them, or refuses to permit an audit to be conducted [,] by such a person, as provided in subsection 1, the corporation shall forfeit to the State the sum of $100 for every day of such neglect or refusal, and the corporation, officer or agent thereof is jointly and severally liable to the person injured for all damages resulting to the person.
[5.] 6. A stockholder who brings an action or proceeding to enforce any right set forth in this section or to recover damages resulting from its denial:
(a) Is entitled to costs and reasonable attorneys fees, if the stockholder prevails; or
(b) Is liable for such costs and fees, if the stockholder does not prevail,
Κ in the action or proceeding.
[6.] 7. Except as otherwise provided in this subsection, the provisions of this section do not apply to any corporation that furnishes to its stockholders a detailed, annual financial statement or any corporation that has filed during the preceding 12 months all reports required to be filed pursuant to section 13 or section 15(d) of the Securities Exchange Act of 1934. A person who owns, or is authorized in writing by the owners of, at least 15 percent of the issued and outstanding shares of the stock of a corporation that has elected to be governed by subchapter S of the Internal Revenue Code and whose shares are not listed or traded on any recognized stock exchange is entitled to inspect the books of the corporation pursuant to subsection 1 and has the rights, duties and liabilities provided in subsections 2 to [5,] 6, inclusive.
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corporation that has elected to be governed by subchapter S of the Internal Revenue Code and whose shares are not listed or traded on any recognized stock exchange is entitled to inspect the books of the corporation pursuant to subsection 1 and has the rights, duties and liabilities provided in subsections 2 to [5,] 6, inclusive.
Sec. 6. NRS 78.288 is hereby amended to read as follows:
78.288 1. Except as otherwise provided in subsection 2 and the articles of incorporation, a board of directors may authorize and the corporation may make distributions to its stockholders, including distributions on shares that are partially paid.
2. No distribution may be made if, after giving it effect:
(a) The corporation would not be able to pay its debts as they become due in the usual course of business; or
(b) Except as otherwise specifically allowed by the articles of incorporation, the corporations total assets would be less than the sum of its total liabilities plus the amount that would be needed, if the corporation were to be dissolved at the time of distribution, to satisfy the preferential rights upon dissolution of stockholders whose preferential rights are superior to those receiving the distribution.
3. The board of directors may base a determination that a distribution is not prohibited pursuant to subsection 2 on:
(a) Financial statements prepared on the basis of accounting practices that are reasonable in the circumstances;
(b) A fair valuation, including, but not limited to, unrealized appreciation and depreciation; or
(c) Any other method that is reasonable in the circumstances.
4. The effect of a distribution pursuant to subsection 2 must be measured:
(a) In the case of a distribution by purchase, redemption or other acquisition of the corporations shares, as of the earlier of:
(1) The date money or other property is transferred or debt incurred by the corporation; or
(2) The date upon which the stockholder ceases to be a stockholder with respect to the acquired shares.
(b) In the case of any other distribution of indebtedness, as of the date the indebtedness is distributed.
(c) In all other cases, as of:
(1) The date the distribution is authorized if the payment occurs within 120 days after the date of authorization; or
(2) The date the payment is made if it occurs more than 120 days after the date of authorization.
5. A corporations indebtedness to a stockholder incurred by reason of a distribution made in accordance with this section is at parity with the corporations indebtedness to its general unsecured creditors except to the extent subordinated by agreement.
6. Indebtedness of a corporation, including indebtedness issued as a distribution, is not considered a liability for purposes of determinations pursuant to subsection 2 if its terms provide that payment of principal and interest are made only if and to the extent that payment of a distribution to stockholders could then be made pursuant to this section. If the indebtedness is issued as a distribution, each payment of principal or interest must be treated as a distribution, the effect of which must be measured on the date the payment is actually made.
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7. The board of directors may fix a record date for determining stockholders entitled to a distribution authorized by the board of directors pursuant to this section, which record date must not precede the date upon which the resolution fixing the record date is adopted.
Sec. 7. NRS 78.320 is hereby amended to read as follows:
78.320 1. Unless this chapter, the articles of incorporation or the bylaws provide for different proportions:
(a) A majority of the voting power, which includes the voting power that is present in person or by proxy, regardless of whether the proxy has authority to vote on all matters, constitutes a quorum for the transaction of business; and
(b) Action by the stockholders on a matter other than the election of directors is approved if the number of votes cast in favor of the action exceeds the number of votes cast in opposition to the action.
2. Unless otherwise provided in the articles of incorporation or the bylaws, any action required or permitted to be taken at a meeting of the stockholders may be taken without a meeting if, before or after the action, a written consent thereto is signed by stockholders holding at least a majority of the voting power, except that if a different proportion of voting power is required for such an action at a meeting, then that proportion of written consents is required.
3. In no instance where action is authorized by written consent need a meeting of stockholders be called or notice given.
4. Unless otherwise restricted by the articles of incorporation or bylaws, stockholders may participate in a meeting of stockholders through electronic communications, videoconferencing, teleconferencing or other available technology if the corporation has implemented reasonable measures to:
(a) Verify the identity of each person participating through such means as a stockholder; and
(b) Provide the stockholders a reasonable opportunity to participate in the meeting and to vote on matters submitted to the stockholders, including an opportunity to communicate, and to read or hear the proceedings of the meetings in a substantially concurrent manner with such proceedings.
5. If authorized in the articles of incorporation or bylaws, a meeting of stockholders may be held solely by remote communication pursuant to subsection 4.
6. Participation in a meeting pursuant to subsection 4 constitutes presence in person at the meeting.
7. Unless this chapter, the articles of incorporation or the bylaws provide for different proportions, if voting by a class or series of stockholders is permitted or required:
(a) A majority of the voting power of the class or series that is present in person or by proxy, regardless of whether the proxy has authority to vote on all matters, constitutes a quorum for the transaction of business; and
(b) An act by the stockholders of each class or series is approved if a majority of the voting power of a quorum of the class or series votes for the action.
8. Unless otherwise provided in the articles of incorporation or the bylaws, once a share is represented in person or by proxy for any purpose at a meeting, the share shall be deemed present for purposes of determining a quorum for the remainder of the meeting and for any adjournment of the meeting unless a new record date is or must be fixed for the adjourned meeting.
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determining a quorum for the remainder of the meeting and for any adjournment of the meeting unless a new record date is or must be fixed for the adjourned meeting.
Sec. 8. NRS 78.335 is hereby amended to read as follows:
78.335 1. Except as otherwise provided in this section, any director or one or more of the incumbent directors may be removed [from office] as a director only by the vote of stockholders representing not less than two-thirds of the voting power of the issued and outstanding stock entitled to vote.
2. In the case of corporations which have provided in their articles of incorporation for the election of directors by cumulative voting, any director or directors who constitute fewer than all of the incumbent directors may not be removed [from office] as a director at any one time or as the result of any one transaction under the provisions of this section except upon the vote of stockholders owning sufficient shares to prevent each directors election [to office] at the time of removal.
3. The articles of incorporation may require the concurrence of more than two-thirds of the voting power of the issued and outstanding stock entitled to vote in order to remove one or more directors . [from office.]
4. Whenever the holders of any class or series of shares are entitled to elect one or more directors, unless otherwise provided in the articles of incorporation, removal of any such director requires only the proportion of votes, specified in subsection 1, of the holders of that class or series, and not the votes of the outstanding shares as a whole.
5. All vacancies, including those caused by an increase in the number of directors, may be filled by a majority of the remaining directors, though less than a quorum, unless it is otherwise provided in the articles of incorporation.
6. Unless otherwise provided in the articles of incorporation, when [one or more directors give] any director gives notice of resignation to the board, effective at a future date, the board may fill the vacancy [or vacancies] to take effect when the resignation [or resignations become] becomes effective [, each] . The director so appointed is to hold [office] such position during the remainder of the term of office of the resigning director . [or directors.]
7. If the articles or bylaws provide that the holders of any class or series of shares are entitled to elect one or more directors under specified circumstances and that, upon termination of those specified circumstances, the right terminates and the directors elected by the holders of the class or series of shares are no longer directors, the termination of a director pursuant to such provisions in the articles or bylaws shall not be deemed a removal of the director pursuant to this section.
8. If a court of competent jurisdiction, or other governmental entity or regulatory agency with authority over the corporation requires, without providing any other reasonable and practicable alternative, that any specified director of a corporation cease to be a director in order for the corporation to obtain, or avoid the suspension, conditioning or revocation of, any permit, license, registration, franchise, finding of suitability or similar authorization or approval required for the conduct of all or any material portion of the business of the corporation or any of its affiliates taken as a whole and such requirement is not appealable or has otherwise become final after declination or exhaustion of all appeals therefrom, then that specified director may be removed as a director by not less than a majority of the voting power of the other directors, even if less than a quorum, acting at a meeting and not by written consent and without a vote of the stockholders.
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majority of the voting power of the other directors, even if less than a quorum, acting at a meeting and not by written consent and without a vote of the stockholders.
Sec. 9. NRS 78.650 is hereby amended to read as follows:
78.650 1. Any holder or holders of one-tenth of the issued and outstanding stock may apply to the district court in the county in which the corporation has its principal place of business or, if the principal place of business is not located in this State, to the district court in the county in which the corporations registered office is located, for an order [dissolving the corporation and] appointing a receiver , [to wind up its affairs,] and by injunction restrain the corporation from exercising any of its powers or doing business whatsoever, except by and through a receiver appointed by the court, whenever [:] irreparable injury to the corporation is threatened or being suffered and:
(a) The corporation has willfully violated its charter;
(b) Its trustees or directors have been guilty of fraud or collusion or gross mismanagement in the conduct or control of its affairs [;] and any presumption established by subsection 3 has been rebutted with respect to such conduct or control;
(c) [Its trustees or directors have been guilty of misfeasance, malfeasance or nonfeasance;
(d) The corporation is unable to conduct the business or conserve its assets by reason of the act, neglect or refusal to function of any of the directors or trustees;
(e)] The assets of the corporation are in danger of waste, sacrifice or loss through attachment, foreclosure, litigation or otherwise;
[(f) The corporation has abandoned its business;
(g)] or
(d) The corporation has dissolved, but has not proceeded diligently to wind up its affairs, or to distribute its assets in a reasonable time . [;
(h) The corporation has become insolvent;
(i) The corporation, although not insolvent, is for any cause not able to pay its debts or other obligations as they mature; or
(j) The corporation is not about to resume its business with safety to the public.]
2. The application may be for the appointment of a receiver, without at the same time applying for the dissolution of the corporation, and notwithstanding the absence, if any there be, of any action or other proceeding in the premises pending in such court.
3. In any such application for a receivership, it is sufficient for a temporary appointment if notice of the same is given to the corporation alone, by process as in the case of an application for a temporary restraining order or injunction, and the hearing thereon may be had after 5 days notice unless the court directs a longer or different notice and different parties.
4. The court may, if good cause exists therefor, appoint one or more receivers for such purpose, but in all cases directors or trustees who have been guilty of no negligence nor active breach of duty must be preferred in making the appointment. The court may at any time for sufficient cause make a decree terminating the receivership, or dissolving the corporation and terminating its existence, or both, as may be proper.
5. Receivers so appointed have, among the usual powers, all the functions, powers, tenure and duties to be exercised under the direction of the court as are conferred on receivers and as provided in NRS 78.635, 78.640 and 78.645, whether the corporation is insolvent or not.
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the court as are conferred on receivers and as provided in NRS 78.635, 78.640 and 78.645, whether the corporation is insolvent or not.
6. The ownership requirement set forth in subsection 1 must be maintained from the date and throughout the pendency of the application for the appointment of a receiver of the corporation.
Sec. 10. Chapter 86 of NRS is hereby amended by adding thereto the provisions set forth as sections 11 to 28, inclusive, of this act.
Sec. 11. 1. Whenever any limited-liability company becomes insolvent or suspends its ordinary business for want of money to carry on the business, or if its business has been and is being conducted at a great loss and greatly prejudicial to the interest of its creditors or members, any creditors holding 10 percent of the outstanding indebtedness, or members owning either 10 percent of the outstanding members interests or 10 percent of the voting power of the company, may, by petition setting forth the facts and circumstances of the case, apply to the district court of the county in which the principal office of the company is located or, if the principal office is not located in this State, to the district court in the county in which the companys registered office is located for a writ of injunction and the appointment of a receiver or receivers or trustee or trustees.
2. The court, being satisfied by affidavit or otherwise of the sufficiency of the application and of the truth of the allegations contained in the petition and upon hearing after such notice as the court by order may direct, shall proceed in a summary way to hear the affidavits, proofs and allegations which may be offered in behalf of the parties.
3. If, upon such inquiry it appears to the court that the company has become insolvent and is not about to resume its business in a short time thereafter, or that its business has been and is being conducted at a great loss and greatly prejudicial to the interests of its creditors or members so that its business cannot be conducted with safety to the public, it may issue an injunction to restrain the company and its managers, managing members, officers and agents from exercising any of its privileges or franchises and from collecting or receiving any debts or paying out, selling, assigning or transferring any of its estate, money, lands, tenements or effects, except to a receiver appointed by the court, until the court otherwise orders.
4. The rights of a member set forth in this section may be exercised by a noneconomic member if specifically set forth in the articles of organization or the operating agreement.
Sec. 12. 1. The district court, at the time of ordering the injunction, or at any time afterwards, may appoint a receiver or receivers or a trustee or trustees for the creditors and members of the limited-liability company.
2. Receivers or trustees shall have full power and authority:
(a) To demand, sue for, collect, receive and take into possession all the goods and chattels, rights and credits, moneys and effects, lands and tenements, books, papers, choses in action, bills, notes and property, of every description of the company;
(b) To institute suits at law or in equity for the recovery of any estate, property, damages or demands existing in favor of the company;
(c) In their discretion to compound and settle with any debtor or creditor of the company, or with persons having possession of its property or in any way responsible at law or in equity to the company at the time of its insolvency or suspension of business, or afterwards, upon such terms and in such manner as they shall deem just and beneficial to the company; and
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its insolvency or suspension of business, or afterwards, upon such terms and in such manner as they shall deem just and beneficial to the company; and
(d) In case of mutual dealings between the company and any person to allow just setoffs in favor of such person in all cases in which the same ought to be allowed according to law and equity.
3. A debtor who shall have in good faith paid a debt to the company without notice of its insolvency or suspension of business, shall not be liable therefor, and the receiver or receivers or trustee or trustees shall have power to sell, convey and assign all the estate, rights and interests, and shall hold and dispose of the proceeds thereof under the directions of the district court.
Sec. 13. All real and personal property of an insolvent limited-liability company, wheresoever situated, and all its franchises, rights, privileges and effects shall, upon the appointment of a receiver, forthwith vest in the receiver, and the company shall be divested of the title thereto.
Sec. 14. 1. Whenever a receiver shall have been appointed pursuant to section 12 of this act and it shall afterwards appear that the debts of the limited-liability company have been paid or provided for, and that there remains or can be obtained by further contributions sufficient capital to enable it to resume its business, the district court may, in its discretion, a proper case being shown, direct the receiver to reconvey to the company all its property, franchises, rights and effects, and thereafter the company may resume control of and enjoy the same as fully as if the receiver had never been appointed.
2. In every case in which the district court shall not direct such reconveyance, the court may, in its discretion, make a decree dissolving the company and declaring its charter forfeited and void.
Sec. 15. 1. Any member owning either 10 percent of the outstanding members interests or 10 percent of the voting power of the limited-liability company may apply to the district court in the county in which the company has its principal place of business or, if the principal place of business is not located in this State, to the district court in the county in which the companys registered office is located, for an order appointing a receiver, and by injunction restrain the company from exercising any of its powers or doing business whatsoever, except by and through a receiver appointed by the court, whenever irreparable injury to the company is threatened or being suffered and:
(a) The company has willfully violated its charter;
(b) Its managers or managing members have been guilty of fraud or collusion or gross mismanagement in the conduct or control of its affairs and the presumption established by subsection 3 has been rebutted with respect to such conduct or control;
(c) The assets of the company are in danger of waste, sacrifice or loss through attachment, foreclosure, litigation or otherwise; or
(d) The company has dissolved, but has not proceeded diligently to wind up its affairs, or to distribute its assets in a reasonable time.
2. The application may be for the appointment of a receiver, without at the same time applying for the dissolution of the company, and notwithstanding the absence, if any there be, of any action or other proceeding in the premises pending in such court.
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3. In any such application for a receivership, it is sufficient for a temporary appointment if notice of the same is given to the company alone, by process as in the case of an application for a temporary restraining order or injunction, and the hearing thereon may be had after 5 days notice unless the court directs a longer or different notice and different parties.
4. The court may, if good cause exists therefor, appoint one or more receivers for such purpose, but in all cases managers or managing members who have been guilty of no negligence nor active breach of duty must be preferred in making the appointment. The court may at any time for sufficient cause make a decree terminating the receivership, or dissolving the company and terminating its existence, or both, as may be proper.
5. Receivers so appointed have, among the usual powers, all the functions, powers, tenure and duties to be exercised under the direction of the court as are conferred on receivers and as provided pursuant to sections 12, 13 and 14 of this act, whether the company is insolvent or not.
6. The requirement as to ownership or voting set forth in subsection 1 shall be maintained from the date of and throughout the pendency of the application for the appointment of a receiver of the company.
7. The rights of a member set forth in this section may be exercised by a noneconomic member if specifically set forth in the articles of organization or the operating agreement.
Sec. 16. Whenever members holding members interests entitling them to exercise at least a majority of the voting power of the limited-liability company shall have agreed upon a plan for the reorganization of the company and a resumption by it of the management and control of its property and business, the company may, with the consent of the district court:
1. Upon the reconveyance to it of its property and franchises, mortgage the same for such amount as may be necessary for the purposes of reorganization; and
2. Issue bonds or other evidences of indebtedness, or additional members interests of one or more classes, or both bonds and members interests, or certificates of investment or participation certificates, and use the same for the full or partial payment of the creditors who will accept the same, or otherwise dispose of the same for the purposes of the reorganization.
Sec. 17. 1. The court shall have power to send for persons and papers and to examine any persons, including the creditors and claimants, and the managers, managing members, officers and agents of the limited-liability company, on oath or affirmation, respecting its affairs and transactions and its estate, money, goods, chattels, credits, notes, bills and choses in action, real and personal estate and effects of every kind, and also respecting its debts, obligations, contracts and liabilities, and the claims against it.
2. If any person shall refuse to be sworn or affirmed, or to make answers to such questions as shall be put to the person, or refuse to declare the whole truth touching the subject matter of the examination, the district court may commit such person to a place of confinement, there to remain until the person shall submit to be examined and pay all the costs of the proceedings against the person.
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Sec. 18. The receiver, upon order of the court, with the assistance of a peace officer, may break open, in the daytime, the houses, shops, warehouses, doors, trunks, chests or other places of the limited-liability company where any of its goods, chattels, choses in action, notes, bills, moneys, books, papers or other writings or effects have been usually kept, or shall be, and take possession of the same and of the lands and tenements belonging to the company.
Sec. 19. The receiver, as soon as convenient, shall lay before the district court a full and complete inventory of all the estate, property and effects of the limited-liability company, its nature and probable value, and an account of all debts due from and to it, as nearly as the same can be ascertained, and make a report to the court of his or her proceedings at least every 3 months thereafter during the continuance of the trust, and whenever the receiver shall be so ordered.
Sec. 20. All creditors shall present and make proof to the receiver of their respective claims against the limited-liability company within 6 months from the date of appointment of the receiver or trustee for the company, or sooner if the court shall order and direct, and all creditors and claimants failing to do so within the time limited by this section, or the time prescribed by the order of the court, shall by the direction of the court be barred from participating in the distribution of the assets of the company. The court shall also prescribe what notice, by publication or otherwise, shall be given to creditors of such limitation of time.
Sec. 21. Every claim against any limited-liability company for which a receiver has been appointed shall be presented to the receiver in writing and upon oath. The claimant, if required, shall submit to such examination in relation to the claim as the court shall direct, and shall produce such books and papers relating to the claim as shall be required. The court shall have power to authorize the receiver to examine, under oath or affirmation, all witnesses produced before the receiver touching the claim or any part thereof.
Sec. 22. 1. The clerk of the district court, immediately upon the expiration of the time fixed for the filing of claims, shall notify the trustee or receiver of the filing of the claims. The trustee or receiver shall inspect the claims and within 30 days notify each claimant of his or her decision. The trustee or receiver may require all creditors whose claims are disputed to submit themselves to an examination in relation to their claims, and to produce such books and papers relating to their claims as the trustee or receiver requests. The trustee or receiver may examine, under oath or affirmation, all witnesses produced before him or her regarding the claims, and shall pass upon and allow or disallow the claims, or any part thereof, and notify the claimants of the determination.
2. Every creditor or claimant who has received notice from the receiver or trustee that his or her claim has been disallowed in whole or in part may appeal to the district court within 30 days thereafter. The court, after a hearing, shall determine the rights of the parties.
Sec. 23. 1. A receiver, upon application by him or her, shall be substituted as party plaintiff or complainant in the place and stead of the limited-liability company in any suit or proceeding at law or in equity which was pending at the time of the receivers appointment.
κ2019 Statutes of Nevada, Page 2495 (CHAPTER 396, SB 427)κ
2. No action against a receiver of a company shall abate by reason of the receivers death, but, upon suggestion of the facts on the record, shall be continued against the receivers successor, or against the company in case no new receiver be appointed.
Sec. 24. Where property of an insolvent limited-liability company is at the time of the appointment of a receiver encumbered with mortgages or other liens, the legality of which is brought in question, or the property is of a character which will materially deteriorate in value pending the litigation, the district court may order the receiver to sell the same, clear of encumbrances, at public or private sale, for the best price that can be obtained, and pay the money into court, there to remain subject to the same liens and equities of all parties in interest as was the property before sale, to be disposed of as the court shall direct.
Sec. 25. Before distribution of the assets of an insolvent limited-liability company among the creditors or members, the district court shall allow a reasonable compensation to the receiver for his or her services and the costs and expenses of the administration of the trust, and the cost of the proceedings in the court, to be first paid out of the assets.
Sec. 26. After payment of all allowances, expenses and costs, and the satisfaction of all special and general liens upon the funds of the limited-liability company to the extent of their lawful priority, the creditors shall be paid proportionately to the amount of their respective debts, excepting mortgage and judgment creditors when the judgment has not been by confession for the purpose of preferring creditors. The creditors shall be entitled to distribution on debts not due, making in such case a rebate of interest, when interest is not accruing on the same. Unless otherwise provided in the articles of organization or operating agreement, the surplus funds, if any, after payment of the creditors and the costs, expenses and allowances, shall be distributed among the members or their legal representatives in respect of their contributions to capital.
Sec. 27. 1. Every matter and thing by this chapter required to be done by receivers or trustees shall be good and effectual, to all intents and purposes, if performed by a majority of them.
2. The district court may remove any receiver or trustee and appoint another or others in his or her place to fill any vacancy which may occur.
Sec. 28. 1. Whenever any limited-liability company becomes insolvent or is dissolved in any way or for any cause, the employees doing labor or service, of whatever character, in the regular employ of the company, have a lien upon the assets thereof for the amount of wages due to them, not exceeding $1,000, which have been earned within 3 months before the date of the insolvency or dissolution, which must be paid before any other debt of the company.
2. The word employees does not include any of the managers or managing members of the company.
Sec. 29. (Deleted by amendment.)
Sec. 30. NRS 92A.390 is hereby amended to read as follows:
92A.390 1. There is no right of dissent with respect to a plan of merger, conversion or exchange in favor of stockholders of any class or series which is:
(a) A covered security under section 18(b)(1)(A) or (B) of the Securities Act of 1933, 15 U.S.C. § 77r(b)(1)(A) or (B), as amended;
κ2019 Statutes of Nevada, Page 2496 (CHAPTER 396, SB 427)κ
(b) Traded in an organized market and has at least 2,000 stockholders and a market value of at least $20,000,000, exclusive of the value of such shares held by the corporations subsidiaries, senior executives, directors and beneficial stockholders owning more than 10 percent of such shares; or
(c) Issued by an open end management investment company registered with the Securities and Exchange Commission under the Investment Company Act of 1940, 15 U.S.C. §§ 80a-1 et seq., as amended, and which may be redeemed at the option of the holder at net asset value,
Κ unless the articles of incorporation of the corporation issuing the class or series or the resolution of the board of directors approving the plan of merger, conversion or exchange expressly provide otherwise.
2. The applicability of subsection 1 must be determined as of:
(a) The record date fixed to determine the stockholders entitled to receive notice of and to vote at the meeting of stockholders to act upon the corporate action requiring dissenters rights; or
(b) The day before the effective date of such corporate action if there is no meeting of stockholders.
3. Subsection 1 is not applicable and dissenters rights are available pursuant to NRS 92A.380 for the holders of any class or series of shares who are required by the terms of the corporate action requiring dissenters rights to accept for such shares anything other than cash or shares of any class or any series of shares of any corporation, or any other proprietary interest of any other entity, that satisfies the standards set forth in subsection 1 at the time the corporate action becomes effective.
4. There is no right of dissent for any holders of stock of the surviving domestic corporation if the plan of merger does not require action of the stockholders of the surviving domestic corporation under NRS 92A.130.
5. There is no right of dissent for any holders of stock of the parent domestic corporation if the plan of merger does not require action of the stockholders of the parent domestic corporation under NRS 92A.180.
6. There is no right of dissent with respect to any share of stock that was not issued and outstanding on the date of the first announcement to the news media or to the stockholders of the terms of the proposed action requiring dissenters rights.
________
κ2019 Statutes of Nevada, Page 2497κ
Senate Bill No. 431Committee on Judiciary
CHAPTER 397
[Approved: June 5, 2019]
AN ACT relating to crimes; revising provisions relating to the crime of participation in organized retail theft; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that the crime of participation in organized retail theft may be committed by one or more persons who conduct a series of thefts of retail merchandise at one or more merchants in this State with the intent to return the merchandise for value or resell, trade or barter the merchandise for value. (NRS 205.08345) This bill provides that the crime of organized retail theft may be committed by one or more persons who knowingly participate directly or indirectly in or engage in conduct with the intent to further an organized retail theft. This bill further provides that the acts constituting organized retail theft may be committed on the premises of a merchant or through the use of an Internet or network site and with the intent to return the merchandise for value or resell, trade or barter the merchandise for value, in any manner, including, without limitation, through the use of an Internet or network site. This bill also revises the period of time, from 90 days to 120 days, for which the value of the property or services involved in the organized retail theft may be aggregated for purposes of determining the criminal penalty.
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 205.08345 is hereby amended to read as follows:
205.08345 1. A person who knowingly participates [in] directly or indirectly in or engages in conduct with the intent to further an organized retail theft is guilty of a category B felony and shall be punished by imprisonment in the state prison for:
(a) If the aggregated value of the property or services involved in all thefts committed in the organized retail theft in this State during a period of [90] 120 days is at least $3,500 but less than $10,000, a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.
(b) If the aggregated value of the property or services involved in all thefts committed in the organized retail theft in this State during a period of [90] 120 days is $10,000 or more, a minimum term of not less than 2 years and a maximum term of not more than 15 years, and by a fine of not more than $20,000.
2. In addition to any other penalty, the court shall order a person who violates this section to pay restitution.
3. For the purposes of this section, in determining the aggregated value of the property or services involved in all thefts committed in the organized retail theft in this State during a period of [90] 120 days:
(a) The amount involved in a single theft shall be deemed to be the highest value, by any reasonable standard, of the property or services which are obtained; and
κ2019 Statutes of Nevada, Page 2498 (CHAPTER 397, SB 431)κ
(b) The amounts involved in all thefts committed by all participants in the organized retail theft must be aggregated.
4. In any prosecution for a violation of this section, the violation shall be deemed to have been committed and may be prosecuted in any jurisdiction in this State in which any theft committed by any participant in the organized retail theft was committed, regardless of whether the defendant was ever physically present in that jurisdiction.
5. As used in this section:
(a) Internet or network site has the meaning ascribed to it in NRS 205.4744.
(b) Merchant has the meaning ascribed to it in NRS 597.850.
[(b)] (c) Organized retail theft means committing, either alone or with any other person or persons, a series of thefts of retail merchandise against one or more merchants , either on the premises of a merchant or through the use of an Internet or network site, in this State with the intent to:
(1) Return the merchandise to the merchant for value; or
(2) Resell, trade or barter the merchandise for value [.] in any manner, including, without limitation, through the use of an Internet or network site.
________
Senate Bill No. 435Committee on Judiciary
CHAPTER 398
[Approved: June 5, 2019]
AN ACT relating to claims for mental or physical injury; authorizing a party to void a release of liability under certain circumstances; enacting provisions relating to the exchange of medical and insurance information by certain persons involved in a claim for mental or physical injury asserted under a policy of insurance covering motor vehicles; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 2 of this bill provides that a release of liability relating to the personal injury of a releasor may be voided by the releasor within 60 days after the signing of the release, if the releasor signed the release: (1) within 30 days after the event that initially caused the releasors injury; and (2) without the assistance of an attorney. Section 2 provides that in order to void the release of liability, the releasor must: (1) sign a written notice disclosing the election of the releasor to void the release; and (2) within 10 days of signing the notice, send the original notice or a signed copy of the notice to the releasee and return any consideration paid by the releasee.
Section 4 of this bill authorizes a party against whom a claim is asserted for a mental or physical injury under a policy of motor vehicle insurance to require the claimant or the claimants attorney to provide to the party or the partys attorney and the insurer a written authorization to receive all medical reports, records and bills concerning the claim from the claimants providers of health care. Section 4 provides that after such authorization is granted, the authorization may not be revoked without cause. If the reports, records and bills are provided pursuant to such a written authorization, section 4 authorizes the claimant or the claimants attorney to request copies of all such reports, records and bills from the party, the partys attorney or the insurer.
κ2019 Statutes of Nevada, Page 2499 (CHAPTER 398, SB 435)κ
insurer. Section 4 also provides that within 10 days after receipt of a written authorization for providers of health care to provide such reports, records and bills, the insurer who issued the policy must, upon request, provide all pertinent facts or provisions of the policy relating to the coverage at issue, including policy limits, to the claimant or the claimants attorney. Section 4 provides that the provisions of the section cease to apply upon the commencement of a formal action in court arising from a claim asserted under the insurance policy.
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 10 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A release of liability given in connection with any claim for personal injury sustained by a releasor is voidable by a releasor within 60 days after its signing by the releasor, if the releasor signed the release:
(a) Within 30 days after the event that initially caused his or her injury; and
(b) Without the assistance or guidance of an attorney.
2. To void the release of liability pursuant to subsection 1, the releasor shall:
(a) Sign a written notice disclosing the election of the releasor to void the release; and
(b) Within 10 days after signing the notice:
(1) Send the original notice or a signed copy of the notice to the releasee; and
(2) Return any consideration paid by the releasee.
3. A release of liability is void on the date that the notice and any consideration described in subsection 2 are received by the releasee.
4. As used in this section:
(a) Personal injury means any mental or physical injury. The term does not include property damage.
(b) Release of liability means an agreement executed between a releasor and releasee.
(c) Releasee means a party who is being released by the releasor from any claim described in subsection 1.
(d) Releasor means a party who agrees to release the releasee from any claim described in subsection 1.
Sec. 3. (Deleted by amendment.)
Sec. 4. Chapter 690B of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any party against whom a claim is asserted for compensation or damages for any mental or physical injury under a policy of motor vehicle insurance may require the claimant or any attorney representing the claimant to provide to the party or any attorney of the party and to the insurer a written authorization to receive all medical reports, records and bills related to the claim from the providers of health care. An authorization so provided may not be revoked without cause.
2. At the written request of the claimant or the attorney of the claimant, copies of all medical reports, records and bills obtained by a written authorization pursuant to subsection 1 must be provided to the claimant or the attorney of the claimant within 30 days after the date they are received by the party, any attorney of the party or the insurer.
κ2019 Statutes of Nevada, Page 2500 (CHAPTER 398, SB 435)κ
written authorization pursuant to subsection 1 must be provided to the claimant or the attorney of the claimant within 30 days after the date they are received by the party, any attorney of the party or the insurer. If the claimant or the attorney of the claimant makes a written request for the medical reports, records and bills, the claimant or the attorney of the claimant shall pay for the reasonable costs of copying the medical reports, records and bills.
3. Within 10 days after receipt of a written authorization pursuant to subsection 1, the insurer who issued the policy specified in subsection 1 shall, upon request, provide the claimant or any attorney representing the claimant with all pertinent facts or provisions of the policy relating to any coverage at issue, including policy limits.
4. The provisions of subsections 1, 2 and 3 cease to apply upon the commencement of an action in court arising from a claim asserted under a policy of motor vehicle insurance.
5. As used in this section, provider of health care has the meaning ascribed to it in NRS 629.031.
________
Senate Bill No. 537Committee on Finance
CHAPTER 399
[Approved: June 5, 2019]
AN ACT relating to deceptive trade practices; extending the prospective expiration of the Consumer Affairs Unit of the Department of Business and Industry; and providing other matters properly relating thereto.
Legislative Counsels Digest:
During the 2015 Legislative Session, the Consumer Affairs Unit in the Department of Business and Industry was temporarily created to perform certain duties of the Consumer Affairs Division of the Department. (Section 14 of chapter 528, Statutes of Nevada 2015, p. 3652) During the 2017 Legislative Session, the Unit was extended for an additional period ending on June 30, 2019. (Section 3 of chapter 365, Statutes of Nevada 2017, p. 2255) Section 1 of this bill again extends the prospective expiration of the Consumer Affairs Unit until June 30, 2021. Sections 2 and 3 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 232.511 is hereby amended to read as follows:
232.511 1. From July 1, 2015, through June 30, [2019,] 2021, for the purposes of the provisions of NRS 598.0903 to 598.0999, inclusive, any duty or authority conferred upon or any reference to the Consumer Affairs Division of the Department of Business and Industry shall be deemed to be the duty or authority of, or a reference to, the Consumer Affairs Unit which is hereby created in the Department of Business and Industry.
κ2019 Statutes of Nevada, Page 2501 (CHAPTER 399, SB 537)κ
2. The Director of the Department of Business and Industry shall designate a Deputy Director of the Department of Business and Industry to serve as the Commissioner of Consumer Affairs and Chief of the Consumer Affairs Unit.
Sec. 2. Section 80 of chapter 475, Statutes of Nevada 2009, as last amended by chapter 365, Statutes of Nevada 2017, at page 2254, is hereby amended to read as follows:
Sec. 80. 1. This section and sections 1 to 35, inclusive, 36 to 57, inclusive, and 58 to 79, inclusive, of this act become effective on July 1, 2009.
2. The amendatory provisions of sections 3, 4, 50, 51, 57, 58 to 75, inclusive, and subsection 2 of section 77 of this act expire by limitation on June 30, [2019.] 2021.
3. Sections 35.1 to 35.95, inclusive, and 57.5 of this act become effective on July 1, [2019.] 2021.
4. The amendatory provisions of sections 36 to 49, inclusive, of this act expire by limitation on June 30, 2015.
Sec. 3. Section 17 of Chapter 528, Statutes of Nevada 2015, as last amended by section 3 of chapter 365, Statutes of Nevada 2017, at page 2255, is hereby amended to read as follows:
Sec. 17. 1. This section and sections 14, 15 and 16 of this act become effective upon passage and approval.
2. Sections 1 to 13, 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 necessary to carry out the provisions of this act; and
(b) On July 1, 2015, for all other purposes.
3. Section 14 of this act expires by limitation on June 30, [2019.] 2021.
Sec. 4. This act becomes effective upon passage and approval.
________
Senate Bill No. 542Committee on Finance
CHAPTER 400
[Approved: June 5, 2019]
AN ACT relating to technology fees; extending the imposition of a technology fee on certain transactions by the Department of Motor Vehicles; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Department of Motor Vehicles to impose a nonrefundable technology fee of $1 to the existing fee for any transaction performed by the Department for which a fee is charged. The technology fee must be used to pay the expenses associated with implementing, upgrading and maintaining the platform of information technology used by the Department. (NRS 481.064) Under existing law, the requirement to impose this fee is set to expire on June 30, 2020. Section 1 of this bill extends the imposition of this fee until June 30, 2022.
κ2019 Statutes of Nevada, Page 2502 (CHAPTER 400, SB 542)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 7 of chapter 394, Statutes of Nevada 2015, at page 2213, is hereby amended to read as follows:
Sec. 7. This act becomes effective on July 1, 2015, and expires by limitation on June 30, [2020.] 2022.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 549Committee on Finance
CHAPTER 401
[Approved: June 5, 2019]
AN ACT relating to education; revising the list of assessments used to determine the number of pupils for whom an allocation from the Account for the New Nevada Education Funding Plan will be made; revising the frequency at which the services funded by such allocations must be evaluated; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Department of Education to determine the number of pupils who: (1) are English learners or eligible for a free or reduced-price lunch; (2) scored at or below the 25th percentile of a prescribed assessment; (3) are not enrolled at a Zoom school or Victory school; and (4) do not have an individualized education program. Existing law requires the Department of Education to award an allocation of money from the Account for the New Nevada Education Funding Plan to public schools for each such pupil, beginning with the schools that received the lowest rating pursuant to the statewide system of accountability for public schools and then moving to the schools with the next higher rating to the extent of available money. (NRS 387.131) Section 1 of this bill removes references to the specific assessments that must be used to determine the pupils in grades kindergarten, 1, 2, 9 or 10 for which such an allocation of money may be awarded and instead requires the use of an assessment implemented by the Department for those grades.
Existing law requires a public school that receives an allocation of money from the Account to use the money to provide certain services. (NRS 387.133) Existing law requires the Department of Education to contract with an independent evaluator to annually evaluate the effectiveness of such services. (NRS 387.139) Section 2 of this bill requires such an evaluation to be conducted biennially instead of annually.
κ2019 Statutes of Nevada, Page 2503 (CHAPTER 401, SB 549)κ
EXPLANATION Matter in bolded italics is new; matter between brackets
[omitted
material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 387.137 is hereby amended to read as follows:
387.137 1. To determine the proficiency of a pupil pursuant to paragraph (b) of subsection 1 of NRS 387.131, the Department shall use, for a pupil who is:
(a) An English learner in any grade, the assessment of proficiency in the English language prescribed by the State Board pursuant to NRS 390.810.
(b) In kindergarten or grade 1 or 2, the [Measures of Academic Progress published by the Northwest Evaluation Association, if] assessment implemented by the Department [.] for those grades.
(c) In grade 3, 4, 5, 6, 7 or 8, the examinations administered pursuant to NRS 390.105.
(d) In grade 9 or 10, the [end-of-course examination required pursuant to 20 U.S.C. § 6311(b)(2) for mathematics.] assessment implemented by the Department for those grades.
(e) In grade 11 or 12, the college and career readiness assessment administered pursuant to NRS 390.610.
2. The Department shall, by regulation, establish a method for projecting the number of pupils who are at or below the 25th percentile for proficiency in any grade level for which an assessment identified in subsection 1 does not exist or does not provide sufficient information to identify all such pupils. Such a method may allow for the number of pupils to be projected by examining:
(a) The proficiency of pupils in nearby grade levels if an assessment for a grade level has not been fully implemented; or
(b) Information on credit deficiency for any grade in high school for which insufficient information exists to identify all such pupils.
Sec. 2. NRS 387.139 is hereby amended to read as follows:
387.139 1. The Department shall prescribe school achievement targets and performance targets which must be used by a public school that receives money pursuant to NRS 387.131 to evaluate and track the performance of pupils who receive services pursuant to NRS 387.133. The school achievement targets and performance targets prescribed by the Department must be aligned to the statewide system of accountability for public schools.
2. Each public school that receives money pursuant to NRS 387.131 shall submit, on or before a date prescribed by the board of trustees of the school district in which the public school is located or the sponsor of the charter school, as applicable, a report to the school district or sponsor which uses the school achievement targets and performance targets prescribed by the Department to measure the effectiveness of the public school in providing services pursuant to NRS 387.133.
3. On or before November 30 of each year, the board of trustees of a school district and the sponsor of a charter school shall gather the reports submitted by each public school located in the school district or sponsored by the sponsor, as applicable, which contains information for the preceding school year and submit a report to the Department which contains such information for all public schools located in the school district or sponsored by the sponsor.
κ2019 Statutes of Nevada, Page 2504 (CHAPTER 401, SB 549)κ
4. The Department shall contract with an independent evaluator to evaluate the effectiveness of services provided during each even-numbered year pursuant to NRS 387.133. The evaluation must include, without limitation, a determination of whether each public school is making an effective use of the money received by the public school pursuant to NRS 387.131 and an identification of services which have been identified to offer the greatest and the least improvement to pupil performance. The evaluation must be provided on or before February 1 of [:
(a) Each even-numbered year to the Legislative Committee on Education.
(b) Each] each odd-numbered year to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature.
Sec. 3. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 4. This act becomes effective on July 1, 2019.
________
Assembly Bill No. 383Assemblymen Frierson; McCurdy and Watts
CHAPTER 402
[Approved: June 5, 2019]
AN ACT relating to student education loans; providing for the designation of a Student Loan Ombudsman within the Office of the State Treasurer and prescribing the powers and duties relating to that position; authorizing the use of certain money to pay the costs of the Student Loan Ombudsman; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the State Treasurer to perform certain duties relating to the financing of higher education. (NRS 353B.090, 353B.320, 353B.350, 396.926) Section 36.6 of this bill requires the State Treasurer to designate a Student Loan Ombudsman within the Office of the State Treasurer to assist student loan borrowers. Section 36.7 of this bill prescribes the duties of the Student Loan Ombudsman, which include: (1) attempting to resolve complaints from student loan borrowers; (2) assisting student loan borrowers to understand their rights and responsibilities; and (3) reviewing the complete history of the student education loans of a student loan borrower. Section 36.8 of this bill requires the Student Loan Ombudsman to establish and maintain an education course for student loan borrowers which provides educational presentations and materials regarding student education loans. Section 36.9 of this bill requires the State Treasurer to report to the Legislature concerning the Student Loan Ombudsman and the regulation of student loan servicers.
Existing law requires the State Treasurer to establish an Endowment Account in the State General Fund. Existing law authorizes the State Treasurer to expend the money in the Account for certain purposes relating to higher education and financial education. (NRS 353B.350) Section 37 of this bill authorizes the State Treasurer to expend the money in the Account to carry out the Student Loan Ombudsman Program.
κ2019 Statutes of Nevada, Page 2505 (CHAPTER 402, AB 383)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-20, 20.5, 21-28, 28.5 and 29-36. (Deleted by amendment.)
Sec. 36.05. Chapter 226 of NRS is hereby amended by adding thereto the provisions set forth as sections 36.1 to 36.9, inclusive, of this act.
Sec. 36.1. As used in sections 36.1 to 36.9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 36.2 to 36.55, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 36.2. Student education loan means any loan primarily for personal use to finance education or other school-related expenses.
Sec. 36.3. Student loan borrower means:
1. Any resident of this State who receives or agrees to pay a student education loan; and
2. Any person who shares responsibility with such a resident for repaying the student education loan.
Sec. 36.4. Student Loan Ombudsman means the Student Loan Ombudsman designated by the State Treasurer pursuant to section 36.6 of this act.
Sec. 36.5. Student loan servicer means any person, wherever located, responsible for the servicing of any student education loan to any student loan borrower.
Sec. 36.55. Student loan servicing or servicing means:
1. Receiving any scheduled periodic payments from a student loan borrower pursuant to the terms of a student education loan or any notification that a student loan borrower made such a scheduled periodic payment and applying the payments to the account of a student loan borrower, as may be required pursuant to the terms of a student education loan or a contract governing the servicing of a student education loan;
2. During a period in which no payment is required on a student education loan, maintaining account records for a student education loan and communicating with the student loan borrower on behalf of the owner of the promissory note for the student education loan; or
3. Interacting with a student loan borrower concerning a student education loan with the goal of helping the student loan borrower avoid default on the student education loan or facilitating the activities described in subsection 1 or 2.
Sec. 36.6. The State Treasurer shall designate a Student Loan Ombudsman within the Office of the State Treasurer to:
1. Provide timely assistance to any student loan borrower of any student education loan; and
2. Carry out the duties as set forth in sections 36.1 to 36.8, inclusive, of this act.
Sec. 36.7. The Student Loan Ombudsman shall:
1. Receive, review and attempt to resolve any complaint from a student loan borrower, including, without limitation, attempting to resolve such a complaint in collaboration with an institution of higher education, a student loan servicer and any other person who participates in providing a student education loan.
κ2019 Statutes of Nevada, Page 2506 (CHAPTER 402, AB 383)κ
resolve such a complaint in collaboration with an institution of higher education, a student loan servicer and any other person who participates in providing a student education loan.
2. Compile and analyze data on complaints as described in subsection 1.
3. Assist student loan borrowers to understand their rights and responsibilities under the terms of student education loans.
4. Provide information to the public, governmental agencies and the Legislature regarding the problems and concerns of student loan borrowers and make recommendations for resolving those problems and concerns.
5. Analyze and monitor the development and implementation of federal, state and local laws, regulations and policies relating to student loan borrowers and recommend any changes the Student Loan Ombudsman deems necessary.
6. Review the complete history of any student education loan for any student loan borrower who has provided written consent for such a review.
7. Disseminate information concerning the availability of the Student Loan Ombudsman to assist student loan borrowers, potential student loan borrowers, institutions of higher education, student loan servicers and any other persons who participate in providing a student education loan, with any concerns relating to student loan servicing.
8. Take any other actions necessary to fulfill the duties of the Student Loan Ombudsman as set forth in this section.
Sec. 36.8. The Student Loan Ombudsman shall establish and maintain an education course for student loan borrowers which provides educational presentations and materials regarding student education loans. The educational course must include, without limitation, information concerning important loan terms, documentation requirements, monthly payment obligations, income-based repayment options, loan forgiveness and disclosure requirements.
Sec. 36.9. On or before February 1 of each odd-numbered year, the State Treasurer shall submit to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report concerning:
1. The implementation of sections 36.1 to 36.9, inclusive, of this act; and
2. The overall effectiveness of the Student Loan Ombudsman.
Sec. 37. NRS 353B.350 is hereby amended to read as follows:
353B.350 1. The Trust Fund and any account established by the State Treasurer pursuant to this section must be administered by the State Treasurer.
2. The State Treasurer shall establish such accounts as he or she determines necessary to carry out his or her duties pursuant to NRS 353B.300 to 353B.370, inclusive, including, without limitation:
(a) A Program Account in the Trust Fund; and
(b) An Administrative Account and an Endowment Account in the State General Fund.
3. The Program Account must be used for the receipt, investment and disbursement of money pursuant to savings trust agreements.
4. The Administrative Account must be used for the deposit and disbursement of money to administer and market the Nevada College Savings Program and to supplement the administration and marketing of the Nevada Higher Education Prepaid Tuition Program set forth in NRS 353B.010 to 353B.190, inclusive.
κ2019 Statutes of Nevada, Page 2507 (CHAPTER 402, AB 383)κ
Savings Program and to supplement the administration and marketing of the Nevada Higher Education Prepaid Tuition Program set forth in NRS 353B.010 to 353B.190, inclusive.
5. In addition to the money transferred pursuant to NRS 353B.335, the Endowment Account must be used for the deposit of any money received by the Nevada College Savings Program that is not received pursuant to a savings trust agreement and, in the determination of the State Treasurer, is not necessary for the use of the Administrative Account. The money in the Endowment Account may be expended for any purpose related to:
(a) The funding of college savings accounts created under the Nevada College Kick Start Program established pursuant to NRS 353B.335;
(b) The Governor Guinn Millennium Scholarship Program created pursuant to NRS 396.926, including, without limitation, the costs of administering the Program, but such costs must not exceed an amount equal to 3 percent of the anticipated annual revenue to the State of Nevada from the settlement agreements with and civil actions against manufacturers of tobacco products anticipated for deposit in the Trust Fund;
(c) The administrative costs, as approved by the Legislature or the Interim Finance Committee, of activities related to the Nevada Higher Education Prepaid Tuition Program set forth in NRS 353B.010 to 353B.190, inclusive, and the Nevada College Savings Program set forth in NRS 353B.300 to 353B.370, inclusive, including the Nevada College Kick Start Program;
(d) The costs of marketing related to the Nevada Higher Education Prepaid Tuition Program set forth in NRS 353B.010 to 353B.190, inclusive, and the Nevada College Savings Program set forth in NRS 353B.300 to 353B.370, inclusive, including the Nevada College Kick Start Program, but such costs must not exceed an amount equal to 3 percent of the money in the Endowment Account that was received during the first fiscal year of the immediately preceding biennium by the Nevada College Savings Program, was not received pursuant to a savings trust agreement and, in the determination of the State Treasurer, was not necessary for the use of the Administrative Account; or
(e) The costs of providing programs for the financial education of residents of this State, but such costs must not exceed an amount equal to 3 percent of the money in the Endowment Account that was received during the first fiscal year of the immediately preceding biennium by the Nevada College Savings Program, was not received pursuant to a savings trust agreement and, in the determination of the State Treasurer, was not necessary for the use of the Administrative Account.
(f) The costs of carrying out the provisions of sections 36.1 to 36.9, inclusive, of this act.
Sec. 38. 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. 39. This act becomes effective:
1. Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks necessary to carry out the provisions of this act; and
2. On January 1, 2020, for all other purposes.
________
κ2019 Statutes of Nevada, Page 2508κ
Assembly Bill No. 466Committee on Growth and Infrastructure
CHAPTER 403
[Approved: June 5, 2019]
AN ACT relating to financial transactions; requiring the State Treasurer to create a pilot program for the establishment of one or more closed-loop payment processing systems to facilitate certain financial transactions relating to marijuana; setting forth certain requirements for a closed-loop payment processing system; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill requires the State Treasurer to create a pilot program for the establishment of one or more closed-loop payment processing systems that enable certain persons to engage in financial transactions relating to marijuana in a safe and efficient manner. The pilot program is authorized to operate in this State from October 1, 2019, through June 30, 2023. This bill requires a closed-loop payment processing system established under the pilot program to be designed to achieve certain purposes, including, without limitation, to provide marijuana establishments and medical marijuana establishments a safe, secure and convenient method of paying state and local taxes. This bill also requires a closed-loop payment processing system to allow certain persons to utilize accounts created by the State and to include certain technological features. Finally, this bill requires the State Treasurer to submit to the Legislature a report concerning the pilot program on or before December 1, 2020, and every 6 months thereafter.
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 226 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The State Treasurer shall create a pilot program for the establishment of one or more closed-loop payment processing systems that enable marijuana establishments, medical marijuana establishments, consumers and holders of registry identification cards or letters of approval to engage in financial transactions in a safe and efficient manner.
2. A closed-loop payment processing system established under the pilot program must be designed to achieve the following purposes:
(a) Reducing the risk to the safety and welfare of the public posed by the holding, distribution and transportation of large sums of cash;
(b) Providing marijuana establishments and medical marijuana establishments with a safe, secure and convenient method of paying state and local taxes;
(c) Providing the State and local governments with a safe, secure and convenient method of collecting taxes imposed on marijuana establishments and medical marijuana establishments;
(d) Providing transparency into financial transactions related to marijuana establishments and medical marijuana establishments;
κ2019 Statutes of Nevada, Page 2509 (CHAPTER 403, AB 466)κ
(e) Preventing revenue from the sale of marijuana from going to criminal enterprises, gangs and drug cartels;
(f) Preventing marijuana from being diverted across state lines;
(g) Preventing the distribution of marijuana to minors; and
(h) Preventing lawful financial transactions relating to marijuana from being used as a cover or pretext for the trafficking of controlled substances or other unlawful activities.
3. A closed-loop payment processing system established under the pilot program must allow a marijuana establishment, medical marijuana establishment, consumer or holder of a registry identification card or a letter of approval to utilize accounts created by the State and must include, without limitation, the following capabilities:
(a) The keeping of records in real time;
(b) A business-to-business payment system;
(c) A method in which to authenticate the identities of consumers and holders of a registry identification card or letter of approval;
(d) A method in which to initiate transactions by means of a secure mobile application or a physical card; and
(e) A method which allows the State or a local government to collect tax revenue associated with a transaction made utilizing the closed-loop payment processing system.
4. The State Treasurer shall adopt regulations necessary to carry out the pilot program. Such regulations must not require a marijuana establishment, medical marijuana establishment, consumer or holder of a registry identification card or letter of approval to participate in the pilot program.
5. The State Treasurer may adopt regulations establishing a schedule of fees for participation in the pilot program. The fees must be sufficient to cover the costs of administering the pilot program.
6. Financial information and any other information specifically relating to a person who utilizes a closed-loop payment processing system is confidential and privileged to the same extent that such information would be confidential and privileged pursuant to NRS 360.255. The State Treasurer, a vendor in which the State Treasurer contracts and any other person involved in the establishment or operation of a closed-loop payment processing system shall not disclose any such information.
7. The State Treasurer shall prepare a detailed plan for the establishment of a closed-loop payment processing system under the pilot program created pursuant to subsection 1 and present the plan to the Interim Finance Committee for its review and approval. The plan must identify the vendor with whom the State Treasurer intends to contract. The State Treasurer shall not commence the operation of a closed-loop payment processing system until the Interim Finance Committee approves the plan prepared pursuant to this subsection.
8. On or before December 1, 2020, and every 6 months thereafter, the State Treasurer shall submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature, if the Legislature is in session, or to the Legislative Commission, if the Legislature is not in session, a report concerning the pilot program. The report must include, without limitation, a description of the status and results of the pilot program and recommendations for legislation to facilitate the improvement or expansion of the pilot program.
κ2019 Statutes of Nevada, Page 2510 (CHAPTER 403, AB 466)κ
9. Except as otherwise provided in subsection 7, at least one closed-loop payment processing system established under the pilot program must begin operating not later than July 1, 2020.
10. As used in this section:
(a) Closed-loop payment processing system means a cashless system established by the State Treasurer pursuant to this section to monitor and facilitate the financial transactions of marijuana establishments, medical marijuana establishments, consumers and holders of registry identification cards.
(b) Consumer has the meaning ascribed to it in NRS 453D.030.
(c) Letter of approval has the meaning ascribed to it in NRS 453A.109.
(d) Marijuana establishment has the meaning ascribed to it in NRS 453D.030.
(e) Medical marijuana establishment has the meaning ascribed to it in NRS 453A.116.
(f) Registry identification card has the meaning ascribed to it in NRS 453A.140.
Sec. 1.5. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.035, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 433.534, 433A.360, 437.
κ2019 Statutes of Nevada, Page 2511 (CHAPTER 403, AB 466)κ
422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 433.534, 433A.360, 437.145, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 445A.665, 445B.570, 449.209, 449.245, 449A.112, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.325, 641A.191, 641A.289, 641B.170, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 1 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.
κ2019 Statutes of Nevada, Page 2512 (CHAPTER 403, AB 466)κ
confidential information from the information included in the public book or record that is not otherwise confidential.
4. A person may request a copy of a public record in any medium in which the public record is readily available. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in a readily available medium because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
Sec. 2. 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. 3. 1. 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 October 1, 2019, for all other purposes.
2. This act expires by limitation on June 30, 2023.
________
Senate Bill No. 125Senator Hardy
CHAPTER 404
[Approved: June 5, 2019]
AN ACT relating to landscape architecture; authorizing the State Board of Landscape Architecture to accept credit cards, debit cards and electronic transfers of money for the payment of certain fees; increasing the maximum amount of fees relating to the licensure of a landscape architect and a landscape architect intern; revising provisions relating to complaints filed with the State Board of Landscape Architecture; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prohibits a person from engaging in the practice of landscape architecture unless he or she has been issued a certificate of registration or a certificate to practice as a landscape architect intern by the State Board of Landscape Architecture. (NRS 623A.165) Existing law requires the Board to prescribe certain fees related to the issuance and renewal of a certificate of registration and a certificate to practice as a landscape architect intern. (NRS 623A.240) Section 2 of this bill increases the maximum amount of such fees and provides that the fees are payable in advance. Section 2 also specifies that the Board must prescribe a separate application fee for a certificate of registration and a certificate to practice as a landscape architect intern and authorizes the Board to credit money paid to apply for a certificate to practice as a landscape architect intern toward the application fee for a certificate of registration.
κ2019 Statutes of Nevada, Page 2513 (CHAPTER 404, SB 125)κ
Under existing law, all fees paid to the Board must be paid in the form of a check, cashiers check or money order. (NRS 623A.240) Section 2 expands the acceptable forms of payment to include credit cards, debit cards and electronic transfers of money.
Under existing law, complaints against a landscape architect or landscape architect intern may be filed with the Executive Director of the State Board of Landscape Architecture. (NRS 623A.290) The President of the Board or a designee of the President is required to consider the complaint and make a recommendation to the Board if further proceedings are warranted. (NRS 623A.305) Section 3 of this bill removes the President or his or her designee from this process and instead requires the Executive Director to consider each complaint and make a recommendation to the Board.
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 623A.240 is hereby amended to read as follows:
623A.240 1. The following fees must be prescribed by the Board and must not exceed the following amounts:
Application fee for a certificate of registration........ [$200.00] $300.00
Application fee for a certificate to practice as a landscape architect intern............................................. 50.00
Examination fee.................................................................................... 100.00,
plus the actual
cost of the
examination
Certificate of registration......................................................... [25.00] 50.00
Certificate to practice as a landscape architect intern................ 50.00
Annual renewal fee.............................................................. [200.00] 300.00
Reinstatement fee................................................................. [300.00] 400.00
Delinquency fee...................................................................... [50.00] 100.00
Change of address fee............................................................. [10.00] 20.00
Copy of a document, per page....................................................... [.25] .50
2. In addition to the fees set forth in subsection 1, the Board may charge and collect a fee for the expedited processing of a request or for any other incidental service it provides. The fee must not exceed the cost incurred by the Board to provide the service.
3. The Board may [authorize a landscape architect intern to pay] deem the payment of the application fee for a certificate to practice as a landscape architect intern or any portion of that fee [during any period in which he or she is the holder of a certificate to practice as] by a landscape architect intern [.] to also apply to the application fee for a certificate of registration. If a landscape architect intern pays [the] an application fee [or any portion of the fee during that period,] so deemed by the Board, the Board shall credit the amount [paid] deemed to apply to the application fee for a certificate of registration towards the entire amount of the application fee for the certificate of registration required pursuant to this section.
κ2019 Statutes of Nevada, Page 2514 (CHAPTER 404, SB 125)κ
4. The fees prescribed by the Board pursuant to this section must be paid in United States currency in the form of a check, cashiers check or money order [.] or, if applicable, credit card, debit card or electronic transfer of money. If any check or other method of payment submitted to the Board is dishonored upon presentation for payment, repayment of the fee, including the fee for a returned check in the amount established by the State Controller pursuant to NRS 353C.115, must be made by money order or certified check.
5. The fees prescribed by the Board pursuant to this section are payable in advance and nonrefundable.
6. As used in this section:
(a) Credit card means any instrument or device, whether known as a credit card or credit plate or by any other name, issued with or without a fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value on credit.
(b) Debit card means any instrument or device, whether known as a debit card or by any other name, issued with or without a fee by an issuer for the use of the cardholder in depositing, obtaining or transferring funds.
(c) Electronic transfer of money has the meaning ascribed to it in NRS 463.01473.
Sec. 3. NRS 623A.305 is hereby amended to read as follows:
623A.305 1. When a complaint is filed with the Executive Director of the Board, it must be considered by the [President of the Board or a member of the Board designated by the President.] Executive Director. If it appears to the [President or the person designated by the President] Executive Director that further proceedings are warranted, he or she shall report the results of the investigation together with a recommendation to the Board in a manner which does not violate the right of the person charged in the complaint to due process in any later hearing on the complaint.
2. The Board shall promptly make a determination with respect to each complaint reported to it by the [President or a person designated by the President] Executive Director and shall dismiss the complaint or proceed with disciplinary action pursuant to chapter 622A of NRS.
Sec. 4. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 2515κ
Senate Bill No. 140Committee on Natural Resources
CHAPTER 405
[Approved: June 5, 2019]
AN ACT relating to groundwater; requiring the State Engineer to reserve a certain percentage of the remaining groundwater available for use in certain basins; prohibiting the use of such groundwater; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, any person who wishes to appropriate any waters of this State must apply to the State Engineer for a permit to do so and the State Engineer must reject an application under certain circumstances, including when there is no unappropriated water available in the proposed source of supply. (NRS 533.325, 533.370, 533.371) Section 1 of this bill requires the State Engineer, in any basin in which there is groundwater that has not been committed for use on the effective date of this bill, to reserve 10 percent of the total remaining groundwater in the basin. The groundwater reserved by the State Engineer is not available for any use. Sections 3 and 4 of this bill require the State Engineer to reject an application for a permit to appropriate water if the groundwater from the proposed source of supply has been reserved under section 1. Section 2 of this bill makes 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 533 of NRS is hereby amended by adding thereto a new section to read as follows:
1. For each basin in which there is groundwater that has not been committed for use, including, without limitation, pursuant to a permit, certificate or by any other water user in the basin, as of the effective date of this act, the State Engineer shall reserve 10 percent of the total remaining groundwater that has not been committed for use in the basin.
2. The groundwater in the basin from the reserve created pursuant to subsection 1 is not available for any use.
Sec. 2. NRS 533.030 is hereby amended to read as follows:
533.030 1. Subject to existing rights, and except as otherwise provided in this section and NRS 533.027, and section 1 of this act, all water may be appropriated for beneficial use as provided in this chapter and not otherwise.
2. The use of water, from any stream system as provided in this chapter and from underground water as provided in NRS 534.080, for any recreational purpose, or the use of water from the Muddy River or the Virgin River to create any developed shortage supply or intentionally created surplus, is hereby declared to be a beneficial use. As used in this subsection:
(a) Developed shortage supply has the meaning ascribed to it in Volume 73 of the Federal Register at page 19884, April 11, 2008, and any subsequent amendment thereto.
κ2019 Statutes of Nevada, Page 2516 (CHAPTER 405, SB 140)κ
(b) Intentionally created surplus has the meaning ascribed to it in Volume 73 of the Federal Register at page 19884, April 11, 2008, and any subsequent amendment thereto.
3. Except as otherwise provided in subsection 4, in any county whose population is 700,000 or more:
(a) The board of county commissioners may prohibit or restrict by ordinance the use of water and effluent for recreational purposes in any artificially created lake or stream located within the unincorporated areas of the county.
(b) The governing body of a city may prohibit or restrict by ordinance the use of water and effluent for recreational purposes in any artificially created lake or stream located within the boundaries of the city.
4. In any county whose population is 700,000 or more, the provisions of subsection 1 and of any ordinance adopted pursuant to subsection 3 do not apply to:
(a) Water stored in an artificially created reservoir for use in flood control, in meeting peak water demands or for purposes relating to the treatment of sewage;
(b) Water used in a mining reclamation project; or
(c) A body of water located in a recreational facility that is open to the public and owned or operated by the United States or the State of Nevada.
Sec. 3. NRS 533.370 is hereby amended to read as follows:
533.370 1. Except as otherwise provided in this section and NRS 533.345, 533.371, 533.372 and 533.503, and section 1 of this act, the State Engineer shall approve an application submitted in proper form which contemplates the application of water to beneficial use if:
(a) The application is accompanied by the prescribed fees;
(b) The proposed use or change, if within an irrigation district, does not adversely affect the cost of water for other holders of water rights in the district or lessen the efficiency of the district in its delivery or use of water; and
(c) The applicant provides proof satisfactory to the State Engineer of the applicants:
(1) Intention in good faith to construct any work necessary to apply the water to the intended beneficial use with reasonable diligence; and
(2) Financial ability and reasonable expectation actually to construct the work and apply the water to the intended beneficial use with reasonable diligence.
2. Except as otherwise provided in subsection 10, where there is no unappropriated water in the proposed source of supply, where the groundwater that has not been committed for use has been reserved pursuant to section 1 of this act or where its proposed use or change conflicts with existing rights or with protectable interests in existing domestic wells as set forth in NRS 533.024, or threatens to prove detrimental to the public interest, the State Engineer shall reject the application and refuse to issue the requested permit. If a previous application for a similar use of water within the same basin has been rejected on those grounds, the new application may be denied without publication.
3. In addition to the criteria set forth in subsections 1 and 2, in determining whether an application for an interbasin transfer of groundwater must be rejected pursuant to this section, the State Engineer shall consider:
(a) Whether the applicant has justified the need to import the water from another basin;
κ2019 Statutes of Nevada, Page 2517 (CHAPTER 405, SB 140)κ
(b) If the State Engineer determines that a plan for conservation of water is advisable for the basin into which the water is to be imported, whether the applicant has demonstrated that such a plan has been adopted and is being effectively carried out;
(c) Whether the proposed action is environmentally sound as it relates to the basin from which the water is exported;
(d) Whether the proposed action is an appropriate long-term use which will not unduly limit the future growth and development in the basin from which the water is exported; and
(e) Any other factor the State Engineer determines to be relevant.
4. Except as otherwise provided in this subsection and subsections 6 and 10 and NRS 533.365, the State Engineer shall approve or reject each application within 2 years after the final date for filing a protest. The State Engineer may postpone action:
(a) Upon written authorization to do so by the applicant.
(b) If an application is protested.
(c) If the purpose for which the application was made is municipal use.
(d) In areas where studies of water supplies have been determined to be necessary by the State Engineer pursuant to NRS 533.368.
(e) Where court actions or adjudications are pending, which may affect the outcome of the application.
(f) In areas in which adjudication of vested water rights is deemed necessary by the State Engineer.
(g) On an application for a permit to change a vested water right in a basin where vested water rights have not been adjudicated.
(h) Where authorized entry to any land needed to use the water for which the application is submitted is required from a governmental agency.
(i) On an application for which the State Engineer has required additional information pursuant to NRS 533.375.
5. If the State Engineer does not act upon an application in accordance with subsections 4 and 6, the application remains active until approved or rejected by the State Engineer.
6. Except as otherwise provided in this subsection and subsection 10, the State Engineer shall approve or reject, within 6 months after the final date for filing a protest, an application filed to change the point of diversion of water already appropriated when the existing and proposed points of diversion are on the same property for which the water has already been appropriated under the existing water right or the proposed point of diversion is on real property that is proven to be owned by the applicant and is contiguous to the place of use of the existing water right. The State Engineer may postpone action on the application pursuant to subsection 4.
7. If the State Engineer has not approved, rejected or held a hearing on an application within 7 years after the final date for filing a protest, the State Engineer shall cause notice of the application to be republished pursuant to NRS 533.360 immediately preceding the time at which the State Engineer is ready to approve or reject the application. The cost of the republication must be paid by the applicant. After such republication, a protest may be filed in accordance with NRS 533.365.
8. If a hearing is held regarding an application, the decision of the State Engineer must be in writing and include findings of fact, conclusions of law and a statement of the underlying facts supporting the findings of fact. The written decision may take the form of a transcription of an oral ruling. The rejection or approval of an application must be endorsed on a copy of the original application, and a record must be made of the endorsement in the records of the State Engineer.
κ2019 Statutes of Nevada, Page 2518 (CHAPTER 405, SB 140)κ
rejection or approval of an application must be endorsed on a copy of the original application, and a record must be made of the endorsement in the records of the State Engineer. The copy of the application so endorsed must be returned to the applicant. Except as otherwise provided in subsection 11, if the application is approved, the applicant may, on receipt thereof, proceed with the construction of the necessary works and take all steps required to apply the water to beneficial use and to perfect the proposed appropriation. If the application is rejected, the applicant may take no steps toward the prosecution of the proposed work or the diversion and use of the public water while the rejection continues in force.
9. If a person is the successor in interest of an owner of a water right or an owner of real property upon which a domestic well is located and if the former owner of the water right or real property on which a domestic well is located had previously filed a written protest against the granting of an application, the successor in interest must be allowed to pursue that protest in the same manner as if the successor in interest were the former owner whose interest he or she succeeded. If the successor in interest wishes to pursue the protest, the successor in interest must notify the State Engineer in a timely manner on a form provided by the State Engineer.
10. The provisions of subsections 1 to 9, inclusive, do not apply to an application for an environmental permit or a temporary permit issued pursuant to NRS 533.436 or 533.504.
11. The provisions of subsection 8 do not authorize the recipient of an approved application to use any state land administered by the Division of State Lands of the State Department of Conservation and Natural Resources without the appropriate authorization for that use from the State Land Registrar.
12. As used in this section, domestic well has the meaning ascribed to it in NRS 534.350.
Sec. 4. NRS 533.371 is hereby amended to read as follows:
533.371 The State Engineer shall reject the application and refuse to issue a permit to appropriate water for a specified period if the State Engineer determines that:
1. The application is incomplete;
2. The prescribed fees have not been paid;
3. The proposed use is not temporary;
4. There is no water available from the proposed source of supply without exceeding the perennial yield or safe yield of that source;
5. The groundwater that has not been committed for use from the proposed source of supply has been reserved pursuant to section 1 of this act;
6. The proposed use conflicts with existing rights; or
[6.] 7. The proposed use threatens to prove detrimental to the public interest.
Sec. 5. The amendatory provisions of this act apply to any application for a permit to appropriate water that has been submitted to the State Engineer on or after March 1, 2019, but not approved before the effective date of this act.
Sec. 6. This act becomes effective upon passage and approval.
________
κ2019 Statutes of Nevada, Page 2519κ
Senate Bill No. 181Senator Settelmeyer
CHAPTER 406
[Approved: June 5, 2019]
AN ACT relating to special license plates; requiring the Department of Motor Vehicles to design, prepare and issue special license plates for certain motor vehicles that are electric powered; providing a fee for the initial issuance and renewal of such plates; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 1 of this bill requires the Department of Motor Vehicles to design, prepare and issue special license plates for any passenger car or light commercial vehicle that is wholly powered by an electric motor. Section 1 also provides that: (1) the fee for the initial issuance of such a special license plate is $125, in addition to applicable governmental services taxes; and (2) the renewal fee for such a special license plate is $80. Finally, section 1 requires that after the Department deducts from the fee the amount of all applicable registration, license and license plate fees, the remaining amount of money must be deposited in the State Highway Fund. Sections 2, 4, 5, 7 and 8 of this bill make conforming changes.
Section 9 of this bill provides that these provisions become 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 482 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Department shall:
(a) Design, prepare and issue special license plates for passenger cars and light commercial vehicles that are wholly powered by an electric motor, using any colors and designs that the Department deems appropriate; and
(b) Issue the plates only to residents of Nevada for a passenger car or light commercial vehicle which is wholly powered by an electric motor.
2. The Department may issue special license plates pursuant to subsection 1 upon application by any person who:
(a) Is entitled to license plates pursuant to NRS 482.265;
(b) Submits proof satisfactory to the Department that the vehicle for which the special license plates are intended meets the requirements of subsection 1; and
(c) Otherwise complies with the requirements for registration and licensing pursuant to this chapter.
3. The fee for the special license plates is $125, in addition to applicable governmental services taxes. The special license plates are renewable upon the payment of $80.
4. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with special license plates issued pursuant to this section if that person pays the fees for the personalized prestige license plates in addition to the fees for the special license plates pursuant to subsection 3.
κ2019 Statutes of Nevada, Page 2520 (CHAPTER 406, SB 181)κ
issued pursuant to this section if that person pays the fees for the personalized prestige license plates in addition to the fees for the special license plates pursuant to subsection 3.
5. The Department, after deducting the costs of all applicable registration, license and license plate fees, shall deposit the fees collected pursuant to subsection 3 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection in the State Highway Fund.
6. If, during a registration period, the holder of special plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, the holder shall retain the plates and:
(a) Affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedures set forth for other transfers; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
Sec. 2. NRS 482.216 is hereby amended to read as follows:
482.216 1. Except as otherwise provided in NRS 482.2155, upon the request of a new vehicle dealer, the Department may authorize the new vehicle dealer to:
(a) Accept applications for the registration of the new motor vehicles he or she sells and the related fees and taxes;
(b) Issue certificates of registration to applicants who satisfy the requirements of this chapter; and
(c) Accept applications for the transfer of registration pursuant to NRS 482.399 if the applicant purchased from the new vehicle dealer a new vehicle to which the registration is to be transferred.
2. A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall:
(a) Transmit the applications received to the Department within the period prescribed by the Department;
(b) Transmit the fees collected from the applicants and properly account for them within the period prescribed by the Department;
(c) Comply with the regulations adopted pursuant to subsection 5; and
(d) Bear any cost of equipment which is necessary to issue certificates of registration, including any computer hardware or software.
3. A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall not:
(a) Charge any additional fee for the performance of those services;
(b) Receive compensation from the Department for the performance of those services;
(c) Accept applications for the renewal of registration of a motor vehicle; or
(d) Accept an application for the registration of a motor vehicle if the applicant wishes to:
(1) Obtain special license plates pursuant to NRS 482.3667 to 482.3823, inclusive [;] , and section 1 of this act; or
(2) Claim the exemption from the governmental services tax provided pursuant to NRS 361.1565 to veterans and their relations.
κ2019 Statutes of Nevada, Page 2521 (CHAPTER 406, SB 181)κ
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. 3. (Deleted by amendment.)
Sec. 4. NRS 482.2703 is hereby amended to read as follows:
482.2703 1. The Director may order the preparation of sample license plates which must be of the same design and size as regular license plates or license plates issued pursuant to NRS 482.384. The Director shall ensure that:
(a) Each license plate issued pursuant to this subsection, regardless of its design, is inscribed with the word SAMPLE and an identical designation which consists of the same group of three numerals followed by the same group of three letters; and
(b) The designation of numerals and letters assigned pursuant to paragraph (a) is not assigned to a vehicle registered pursuant to this chapter or chapter 706 of NRS.
2. The Director may order the preparation of sample license plates which must be of the same design and size as any of the special license plates issued pursuant to NRS 482.3667 to 482.3823, inclusive [.] , and section 1 of this act. The Director shall ensure that:
(a) Each license plate issued pursuant to this subsection, regardless of its design, is inscribed with the word SAMPLE and the number zero in the location where any other numerals would normally be displayed on a license plate of that design; and
(b) The number assigned pursuant to paragraph (a) is not assigned to a vehicle registered pursuant to this chapter or chapter 706 of NRS.
3. The Director may establish a fee for the issuance of sample license plates of not more than $15 for each license plate.
4. A decal issued pursuant to NRS 482.271 may be displayed on a sample license plate issued pursuant to this section.
5. All money collected from the issuance of sample license plates must be deposited in the State Treasury for credit to the Motor Vehicle Fund.
6. A person shall not affix a sample license plate issued pursuant to this section to a vehicle. A person who violates the provisions of this subsection is guilty of a misdemeanor.
Sec. 5. 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.
κ2019 Statutes of Nevada, Page 2522 (CHAPTER 406, SB 181)κ
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 1 of this act.
Sec. 6. (Deleted by amendment.)
Sec. 7. NRS 482.399 is hereby amended to read as follows:
482.399 1. Upon the transfer of the ownership of or interest in any vehicle by any holder of a valid registration, or upon destruction of the vehicle, the registration expires.
2. Except as otherwise provided in NRS 482.2155 and subsection 3 of NRS 482.483, the holder of the original registration may transfer the registration to another vehicle to be registered by the holder and use the same regular license plate or plates or special license plate or plates issued pursuant to NRS 482.3667 to 482.3823, inclusive, and section 1 of this act, or 482.384, on the vehicle from which the registration is being transferred, if the license plate or plates are appropriate for the second vehicle, upon filing an application for transfer of registration and upon paying the transfer registration fee and the excess, if any, of the registration fee and governmental services tax on the vehicle to which the registration is transferred over the total registration fee and governmental services tax paid on all vehicles from which he or she is transferring ownership or interest. 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.
κ2019 Statutes of Nevada, Page 2523 (CHAPTER 406, SB 181)κ
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. Such a credit may be applied by the person to the registration of any other vehicle owned by the person. Any unused portion of the credit expires on the date the registration of the vehicle from which the person obtained a refund was due to expire.
9. The Department shall issue a refund pursuant to subsection 8 only if the request for a refund is made at the time the registration is cancelled and the license plates are surrendered, the person requesting the refund is a resident of Nevada, the amount eligible for refund exceeds $100, and evidence satisfactory to the Department is submitted that reasonably proves the existence of extenuating circumstances. For the purposes of this subsection, the term extenuating circumstances means circumstances wherein:
(a) The person has recently relinquished his or her drivers license and has sold or otherwise disposed of his or her vehicle.
(b) The vehicle has been determined to be inoperable and the person does not transfer the registration to a different vehicle.
(c) The owner of the vehicle is seriously ill or has died and the guardians or survivors have sold or otherwise disposed of the vehicle.
κ2019 Statutes of Nevada, Page 2524 (CHAPTER 406, SB 181)κ
(d) Any other event occurs which the Department, by regulation, has defined to constitute an extenuating circumstance for the purposes of this subsection.
Sec. 8. NRS 482.500 is hereby amended to read as follows:
482.500 1. Except as otherwise provided in subsection 2 or 3 or specifically provided by statute, whenever upon application any duplicate or substitute certificate of registration, indicator, decal or number plate is issued, the following fees must be paid:
For a certificate of registration.............................................................. $5.00
For every substitute number plate or set of plates.............................. 5.00
For every duplicate number plate or set of plates............................. 10.00
For every decal displaying a county name............................................. .50
For every other indicator, decal, license plate sticker or tab.............. 5.00
2. The following fees must be paid for any replacement number plate or set of plates issued for the following special license plates:
(a) For any special plate issued pursuant to NRS 482.3667, 482.367002, 482.3672, 482.3675, 482.370 to 482.3755, inclusive, 482.376 or 482.379 to 482.3818, inclusive, and section 1 of this act, a fee of $10.
(b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.
(c) Except as otherwise provided in paragraph (a) of subsection 1 of NRS 482.3824, for any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the Director for the issuance of those plates.
3. A fee must not be charged for a duplicate or substitute of a decal issued pursuant to NRS 482.37635.
4. The fees which are paid for replacement number plates, duplicate number plates and decals displaying county names must be deposited with the State Treasurer for credit to the Motor Vehicle Fund and allocated to the Department to defray the costs of replacing or duplicating the plates and manufacturing the decals.
Sec. 9. This act becomes effective on January 1, 2020.
________
κ2019 Statutes of Nevada, Page 2525κ
Senate Bill No. 236Senators Goicoechea, Brooks; and Hansen
CHAPTER 407
[Approved: June 5, 2019]
AN ACT relating to water; establishing requirements relating to sinking or boring certain wells for water already appropriated; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires a person to submit an application for a permit to change the place of diversion of water already appropriated. (NRS 533.325-533.345) Section 5 of this bill creates an exception from this requirement to allow a person to sink or bore a replacement well without submitting such an application where: (1) both the original site of the well and the site of the replacement well are located on property owned by the same person for whom the water has already been appropriated; and (2) the site of the replacement well is located not more than 300 feet from the original place of diversion described on the permit to appropriate water. Section 5 requires the person to: (1) record the site of the replacement well with the county recorder; and (2) inform the State Engineer of the site of the replacement well.
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 533.325 is hereby amended to read as follows:
533.325 Except as otherwise provided in NRS 533.027 [,] and section 5 of this act, any person who wishes to appropriate any of the public waters, or to change the place of diversion, manner of use or place of use of water already appropriated, shall, before performing any work in connection with such appropriation, change in place of diversion or change in manner or place of use, apply to the State Engineer for a permit to do so.
Secs. 3-4. (Deleted by amendment.)
Sec. 5. Chapter 534 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a person is seeking to sink or bore a replacement well to divert groundwater already appropriated and:
(a) The original site of the well and the site of the replacement well are on property owned by the same person for whom the groundwater has already been appropriated; and
(b) The site of the replacement well is located not more than 300 feet from the original place of diversion described on the permit to appropriate water,
Κ the person is not required to file an application to change the place of diversion pursuant to NRS 533.345.
2. If a change to the site of a replacement well meets the requirements of subsection 1, the site of the replacement well must be located anywhere on the property of the person who holds the permit to appropriate water that is not more than 300 feet from the original place of diversion described on the permit to appropriate water.
κ2019 Statutes of Nevada, Page 2526 (CHAPTER 407, SB 236)κ
3. The person who holds the permit to appropriate water must:
(a) Record the site of the replacement well in the office of the county recorder of each county in which the water is applied to beneficial use and in each county in which the water is diverted from its natural source; and
(b) Inform the State Engineer of the site of the replacement well.
Κ Compliance with the provisions of this subsection shall be deemed to impart notice of the site of the replacement well to all persons.
Sec. 6. NRS 534.190 is hereby amended to read as follows:
534.190 Any person violating any of the provisions of NRS 534.010 to 534.180, inclusive, and section 5 of this act shall be guilty of a misdemeanor.
________
Senate Bill No. 243Senator Hardy
CHAPTER 408
[Approved: June 5, 2019]
AN ACT relating to public construction; revising the procedure for determining the prevailing rate of wages; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires that mechanics and workers employed on certain public construction projects be paid at least the wage prevailing in the county in which the project is located for the type of work that the mechanic or worker performs. (NRS 338.020) Existing law also prescribes the manner in which the Labor Commissioner must determine the prevailing wage for such a project. (NRS 338.030) Section 3 of this bill: (1) removes these specific requirements with which the Labor Commissioner must comply in determining the prevailing rate of wages; and (2) reduces the frequency by which the Labor Commissioner is required to survey contractors from annually to biennially. Because existing law authorizes the Labor Commissioner to adopt such regulations as necessary to enable him or her to carry out his or her duties, the Labor Commissioner may establish the manner of determining the prevailing rate of wages by regulation. (NRS 338.012)
Section 3 also changes the geographical area for which the prevailing rate of wages is determined from a county to a region. Section 1 of this bill establishes four such regions: (1) the Washoe Prevailing Wage Region; (2) the Northern Rural Prevailing Wage Region; (3) the Clark Prevailing Wage Region; and (4) the Southern Rural Prevailing Wage Region. Section 2 of this bill makes a conforming change. Thus, mechanics and workers employed on public construction projects on which prevailing wages are required to be paid must be paid at least the wage prevailing in the region in which the project is located for their craft or type of work.
Section 3 requires the Labor Commissioner to issue a determination of the prevailing rate of wages on October 1 of the odd-numbered year in which the survey was conducted and makes this rate effective for 2 years unless the rate is adjusted by the Labor Commissioner. Finally, section 3 requires the Labor Commissioner to adjust the prevailing rate of wages on October 1 of each even-numbered year if: (1) the Labor Commissioner determined in the previous odd-numbered year that the prevailing rate of wages was collectively bargained and the collective bargaining agreement provides for such an adjustment; or (2) the Labor Commissioner determined in the previous odd-numbered year that the prevailing rate of wages was not collectively bargained and any change in the Consumer Price Index for All Urban Consumers, West Region (All Items) has occurred since October 1 of the previous odd-numbered year.
κ2019 Statutes of Nevada, Page 2527 (CHAPTER 408, SB 243)κ
Consumers, West Region (All Items) has occurred since October 1 of the previous odd-numbered year. Section 3 requires the Labor Commissioner to reissue the rates, including any adjusted rates, on October 1 of each even-numbered year.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 338 of NRS is hereby amended by adding thereto a new section to read as follows:
For the purpose of determining the prevailing rate of wages pursuant to NRS 338.030, four prevailing wage regions are hereby established in this State as follows:
1. The Washoe Prevailing Wage Region consisting of Washoe County;
2. The Northern Rural Prevailing Wage Region consisting of Carson City and the counties of Churchill, Douglas, Elko, Eureka, Humboldt, Lander, Lyon, Mineral, Storey, Pershing and White Pine;
3. The Clark Prevailing Wage Region consisting of Clark County; and
4. The Southern Rural Prevailing Wage Region consisting of the counties of Esmeralda, Lincoln and Nye.
Sec. 2. NRS 338.020 is hereby amended to read as follows:
338.020 1. Every contract to which a public body of this State is a party, requiring the employment of skilled mechanics, skilled workers, semiskilled mechanics, semiskilled workers or unskilled labor in the performance of public work, must contain in express terms the hourly and daily rate of wages to be paid each of the classes of mechanics and workers. The hourly and daily rate of wages must:
(a) Not be less than the rate of such wages then prevailing in the [county] region in which the public work is located, which prevailing rate of wages must have been determined in the manner provided in NRS 338.030; and
(b) Be posted on the site of the public work in a place generally visible to the workers.
2. When public work is performed by day labor, the prevailing wage for each class of mechanics and workers so employed applies and must be stated clearly to such mechanics and workers when employed.
3. Except as otherwise provided in subsection 4, a contractor or subcontractor shall pay to a mechanic or worker employed by the contractor or subcontractor on the public work not less than one and one-half times the prevailing rate of wages applicable to the class of the mechanic or worker for each hour the mechanic or worker works on the public work in excess of:
(a) Forty hours in any scheduled week of work by the mechanic or worker for the contractor or subcontractor, including, without limitation, hours worked for the contractor or subcontractor on work other than the public work; or
(b) Eight hours in any workday that the mechanic or worker was employed by the contractor or subcontractor, including, without limitation, hours worked for the contractor or subcontractor on work other than the public work, unless by mutual agreement the mechanic or worker works a scheduled 10 hours per day for 4 calendar days within any scheduled week of work.
κ2019 Statutes of Nevada, Page 2528 (CHAPTER 408, SB 243)κ
4. The provisions of subsection 3 do not apply to a mechanic or worker who is covered by a collective bargaining agreement that provides for the payment of wages at not less than one and one-half times the rate of wages set forth in the collective bargaining agreement for work in excess of:
(a) Forty hours in any scheduled week of work; or
(b) Eight hours in any workday unless the collective bargaining agreement provides that the mechanic or worker shall work a scheduled 10 hours per day for 4 calendar days within any scheduled week of work.
5. The prevailing wage and any wages paid for overtime pursuant to subsection 3 or 4 to each class of mechanics or workers must be in accordance with the jurisdictional classes recognized in the [locality] region where the work is performed.
6. Nothing in this section prevents an employer who is signatory to a collective bargaining agreement from assigning such work in accordance with established practice.
Sec. 3. NRS 338.030 is hereby amended to read as follows:
338.030 1. The public body awarding any contract for public work, or otherwise undertaking any public work, shall ascertain from the Labor Commissioner the prevailing wage in the [county] region established pursuant to section 1 of this act in which the public work is to be performed for each craft or type of work.
2. The prevailing wage in each [county, including Carson City,] such region must be [established as follows:
(a) The] determined by the Labor Commissioner . To determine the prevailing wage in each region, the Labor Commissioner shall, [annually,] in each odd-numbered year, survey contractors who have performed work in the [county.] region.
[(b) Based on the survey conducted pursuant to paragraph (a), where the rate of wages is the same for more than 50 percent of the total hours worked by each craft or type of work in that county on construction similar to the proposed construction, that rate will be determined as the prevailing wage.
(c) Where no such rate can be determined, the prevailing wage for a craft or type of work will be determined as the average rate of wages paid per hour based on the number of hours worked per rate, to that craft or type of work.
(d)] 3. The Labor Commissioner shall determine the prevailing wage to be 90 percent of the rate determined pursuant to [paragraphs (a), (b) and (c)] subsection 2 for:
[(1)] (a) Any contract for a public work or any other construction, alteration, repair, remodeling or reconstruction of an improvement or property to which a school district or the Nevada System of Higher Education is a party; and
[(2)] (b) A public work of, or constructed by, a school district or the Nevada System of Higher Education, or any other construction, alteration, repair, remodeling or reconstruction of an improvement or property of or constructed by a school district or the Nevada System of Higher Education.
[3.] 4. Within 30 days after the determination is issued:
(a) A public body or person entitled under subsection [6] 7 to be heard may submit an objection to the Labor Commissioner with evidence to substantiate that a different wage prevails; and
(b) Any person may submit information to the Labor Commissioner that would support a change in the prevailing wage of a craft or type of work by 50 cents or more per hour in any [county.] region.
κ2019 Statutes of Nevada, Page 2529 (CHAPTER 408, SB 243)κ
[4.] 5. The Labor Commissioner shall hold a hearing in the [locality] region in which the work is to be executed if the Labor Commissioner:
(a) Is in doubt as to the prevailing wage; or
(b) Receives an objection or information pursuant to subsection [3.] 4.
Κ The Labor Commissioner may hold only one hearing a year on the prevailing wage of any craft or type of work in any [county.] region.
[5.] 6. Notice of the hearing must be advertised in a newspaper [nearest to the locality of] in the region in which the work is to be executed once a week for 2 weeks before the time of the hearing.
[6.] 7. At the hearing, any public body, the crafts affiliated with the State Federation of Labor or other recognized national labor organizations, and the contractors of the [locality] region or their representatives must be heard. From the evidence presented, the Labor Commissioner shall determine the prevailing wage.
[7.] 8. The wages so determined must be [filed] :
(a) Issued by the Labor Commissioner on October 1 of the odd-numbered year in which the survey was conducted and, except as otherwise provided in subsection 9, remain effective for 2 years after that date; and [must be]
(b) Made available by the Labor Commissioner to any public body which awards a contract for any public work.
[8.] 9. On October 1 of each even-numbered year, the Labor Commissioner shall:
(a) Adjust the prevailing rate of wages:
(1) If the Labor Commissioner determined in the previous odd-numbered year that the prevailing rate of wages for a class of workers who perform the craft or type of work was a wage which was collectively bargained, in accordance with the signed collective bargaining agreement that is on file with the Labor Commissioner, if the collective bargaining agreement provides for such an adjustment on or before October 1 of that even-numbered year; or
(2) If the Labor Commissioner determined in the previous odd-numbered year that the prevailing rate of wage for a class of workers who perform the craft or type of work was not a wage which was collectively bargained, in accordance with the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the United States Department of Labor or, if that index ceases to be published by the United States Department of Labor, the published index that most closely resembles that index, as determined by the Labor Commissioner, if any change in that index has occurred since October 1 of the previous odd-numbered year; and
(b) Reissue the prevailing rate of wages for each class of workers who perform the craft or type of work, including any rates required to be adjusted pursuant to paragraph (a).
10. Nothing contained in NRS 338.020 to 338.090, inclusive, may be construed to authorize the fixing of any wage below any rate which may now or hereafter be established as a minimum wage for any person employed upon any public work, or employed by any officer or agent of any public body.
Sec. 4. (Deleted by amendment.)
κ2019 Statutes of Nevada, Page 2530 (CHAPTER 408, SB 243)κ
Sec. 5. The provisions of NRS 338.030, as amended by section 3 of this act, apply to any rate of prevailing wages determined by the Labor Commissioner pursuant to that section on or after July 1, 2019.
Sec. 6. The amendatory provisions of this act do not apply to any contract to which the provisions of NRS 338.020 to 338.090, inclusive, apply, that is awarded before July 1, 2019.
Sec. 7. This act becomes effective on July 1, 2019.
________
Senate Bill No. 250Senators Settelmeyer, Goicoechea, Hardy; Hansen and Seevers Gansert
CHAPTER 409
[Approved: June 5, 2019]
AN ACT relating to water; establishing certain requirements relating to the dedication of certain rights to appropriate water; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the State Engineer to require the dedication of a right to appropriate water in certain circumstances before approving a parcel map. (NRS 534.120) Existing law also authorizes the governing body of a county or city to adopt ordinances to regulate land, which may include an ordinance that requires the dedication of a right to appropriate water before approving the development, division or subdivision of a parcel of land. (NRS 278.020) Sections 1 and 3 of this bill provide that before a supplier of water may require the dedication of a right to appropriate water in order to ensure a sufficient supply of water to certain parcels, the dedication requirement must be: (1) required pursuant to an ordinance, rule, regulation or any other requirement adopted by the supplier of water; and (2) based on certain information and considerations. Sections 1 and 3 prohibit a supplier of water from: (1) reducing the rate of diversion of a right to appropriate water that has been dedicated in connection with a final map unless approved by the State Engineer; and (2) with limited exception, selling, leasing, conveying or transferring a right to appropriate water that has been dedicated pursuant to an ordinance, rule, regulation or other requirement adopted by the supplier of water.
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 533 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Before a supplier of water may require the dedication of a right to appropriate water in order to ensure a sufficient supply of water to provide new or modified water service to one or more parcels, the dedication requirement must:
(a) Be required pursuant to an ordinance, rule, regulation or any other requirement adopted by the supplier of water;
(b) Be based on reliable data and procedures estimating demand;
(c) Consider any requirements for a sustainable water supply; and
κ2019 Statutes of Nevada, Page 2531 (CHAPTER 409, SB 250)κ
(d) Consider historic usage by similar existing water services.
2. If a right to appropriate water has been dedicated pursuant to subsection 1 in connection with the approval of a final map filed pursuant to the provisions of NRS 278.010 to 278.630, inclusive, and section 3 of this act, a supplier of water may not reduce the rate of diversion of the right to appropriate water that has been dedicated unless the State Engineer approves the reduction.
3. Except as otherwise provided in this subsection, a supplier of water may not sell, lease, convey or transfer a right to appropriate water that has been dedicated pursuant to subsection 1. This subsection does not apply to:
(a) Mergers and acquisitions of a water system owned or operated by a utility;
(b) Sales, leases, conveyances or transfers by the supplier of water to:
(1) Develop, improve or maintain the availability and reliability of the water supply; and
(2) Further the sustainable and efficient management of the water supply; or
(c) Settlements of judicial or administrative proceedings concerning a water system owned or operated by a utility.
4. As used in this section:
(a) Final map has the meaning ascribed to it in NRS 278.0145.
(b) Modified water service means a change or alteration to:
(1) The quantity of water delivered to one or more parcels;
(2) The capacity to deliver water to one or more parcels; or
(3) Any facility of the supplier of water necessitated by construction on one or more parcels.
(c) Supplier of water includes, without limitation:
(1) Any county, city, town, local improvement district, general improvement district and water conservancy district;
(2) Any water district, water system, water project or water planning and advisory board created by a special act of the Legislature;
(3) A public utility; and
(4) Any other public or private entity,
Κ that supplies water for municipal, industrial or domestic purposes.
Sec. 2. (Deleted by amendment.)
Sec. 3. Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Before a supplier of water may require the dedication of a right to appropriate water in order to ensure a sufficient supply of water to provide new or modified water service to one or more parcels that will be developed, divided or subdivided pursuant to the provisions of this section and NRS 278.010 to 278.630, inclusive, the dedication requirement must:
(a) Be required pursuant to an ordinance, rule, regulation or any other requirement adopted by the supplier of water;
(b) Be based on reliable data and procedures estimating demand;
(c) Consider any requirements for a sustainable water supply; and
(d) Consider historic usage by similar existing water services.
2. If a right to appropriate water has been dedicated pursuant to subsection 1 in connection with the approval of a final map filed pursuant to the provisions of this section and NRS 278.010 to 278.630, inclusive, a supplier of water may not reduce the rate of diversion of the right to appropriate water that has been dedicated unless the State Engineer approves the reduction.
κ2019 Statutes of Nevada, Page 2532 (CHAPTER 409, SB 250)κ
supplier of water may not reduce the rate of diversion of the right to appropriate water that has been dedicated unless the State Engineer approves the reduction.
3. Except as otherwise provided in this subsection, a supplier of water may not sell, lease, convey or transfer a right to appropriate water that has been dedicated pursuant to subsection 1. This subsection does not apply to:
(a) Mergers and acquisitions of a water system owned or operated by a utility;
(b) Sales, leases, conveyances or transfers by the supplier of water to:
(1) Develop, improve or maintain the availability and reliability of the water supply; and
(2) Further the sustainable and efficient management of the water supply; or
(c) Settlements of judicial or administrative proceedings concerning a water system owned or operated by a utility.
4. As used in this section:
(a) Final map has the meaning ascribed to it in NRS 278.0145.
(b) Modified water service means a change or alteration to:
(1) The quantity of water delivered to one or more parcels;
(2) The capacity to deliver water to one or more parcels; or
(3) Any facility of the supplier of water necessitated by construction on one or more parcels.
(c) Supplier of water includes, without limitation:
(1) Any county, city, town, local improvement district, general improvement district and water conservancy district;
(2) Any water district, water system, water project or water planning and advisory board created by a special act of the Legislature;
(3) A public utility; and
(4) Any other public or private entity,
Κ that supplies water for municipal, industrial or domestic purposes.
Sec. 4. NRS 278.010 is hereby amended to read as follows:
278.010 As used in NRS 278.010 to 278.630, inclusive, and section 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0103 to 278.0195, inclusive, have the meanings ascribed to them in those sections.
Sec. 5. (Deleted by amendment.)
Sec. 6. The provisions of this act must not be applied in such a manner as to affect, impair or discharge any outstanding contracts or obligations of the State, any political subdivision of the State or other public entity that involve a dedicated right to appropriate water existing on the effective date of this act.
Sec. 7. This act becomes effective upon passage and approval.
________
κ2019 Statutes of Nevada, Page 2533κ
Senate Bill No. 258Senator Seevers Gansert
CHAPTER 410
[Approved: June 5, 2019]
AN ACT relating to applied behavior analysis; abolishing certification as a state certified behavior interventionist; transferring certain responsibilities concerning licensing and regulation from the Aging and Disability Services Division of the Department of Health and Human Services to the Board of Applied Behavior Analysis; authorizing the Board to delegate certain such responsibilities to the Division; requiring the Division to obtain the approval of the Board to conduct an investigation and perform certain related tasks; revising provisions exempting certain persons from licensure or registration to practice applied behavior analysis; requiring continuing education for behavior analysts and assistant behavior analysts to meet nationally recognized standards; revising provisions relating to criminal background checks or applicants for registration as a registered behavior technician; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the certification of state certified behavior interventionists and the registration of registered behavior technicians by the Aging and Disability Services Division of the Department of Health and Human Services. To be registered as a registered behavior technician by the Division, a person is required to be registered as a Registered Behavior Technician, or have an equivalent credential, by the Behavior Analyst Certification Board, Inc., or its successor organization. A person who wishes to be certified as a state certified behavior interventionist is required to meet the qualifications prescribed by the Board of Applied Behavior Analysis, which must be no less stringent than the requirements for registration as a Registered Behavior Technician, or an equivalent credential, by the Behavior Analyst Certification Board, Inc., or its successor organization. (NRS 437.205) Under existing law, both a registered behavior technician and a state certified behavior interventionist are authorized to provide behavioral therapy under the supervision of a licensed psychologist, behavior analyst or assistant behavior analyst. (NRS 437.050, 437.055, 437.505) Sections 1, 4-7, 9-14, 16-20, 23-29, 31, 33-46, 48-53 and 56 of this bill remove certification as a state certified behavior interventionist.
Existing law authorizes the Board of Applied Behavior Analysis to adopt regulations governing its procedure, the examination and licensure, certification or registration of applicants, the granting, refusal, revocation or suspension of licenses, certificates or registrations and the practice of applied behavior analysis. (NRS 437.110) Existing law authorizes the Division to: (1) issue, renew, suspend, revoke and reinstate licenses and registrations; (2) impose disciplinary action against licensees and registrants; (3) adopt regulations prescribing fees for the issuance, renewal or reinstatement of a license or registration; (4) conduct investigations of licensees and registrants; and (5) perform certain related tasks to enforce provisions of law applicable to behavior analysts, assistant behavior analysts and registered behavior technicians. (NRS 437.130-437.140, 437.200-437.490) Sections 14, 16-23, 25, 26, 28, 29, 34, 36, 38 and 42 of this bill transfer the responsibilities to issue, renew, suspend, revoke and reinstate licenses, impose disciplinary action against licensees and registrants and prescribe fees to the Board, while still requiring the Division to collect applications, conduct investigations, disburse money and hold disciplinary hearings.
κ2019 Statutes of Nevada, Page 2534 (CHAPTER 410, SB 258)κ
disciplinary hearings. Section 14 of this bill authorizes the Board to delegate those responsibilities to the Division except for making the final determination concerning the suspension or revocation of a license or the imposition of other disciplinary action. Sections 2, 3 and 8 of this bill make conforming changes. Sections 14, 15, 30, 32, 33, 35, 39 and 40 of this bill require the Division to obtain the approval of the Board before conducting investigations or performing certain related tasks. Section 31 of this bill requires the Board to file a complaint with the Division if it becomes aware that grounds for disciplinary action may exist as to a person practicing applied behavior analysis.
Existing law provides that persons who provide certain services that could otherwise constitute applied behavior analysis are exempt from requirements to be licensed or registered to practice applied behavior analysis if they do not provide applied behavior analysis services directly to natural persons. (NRS 437.065) Section 10 of this bill provides that such persons are exempt from those licensure or registration requirements if they do not otherwise separately provide applied behavior analysis services directly to natural persons.
Existing law requires a behavior analyst or assistant behavior analyst to complete continuing education prescribed by the Board. (NRS 437.225) Section 23 of this bill requires the continuing education prescribed by the Board to be consistent with nationally recognized standards for such continuing education.
Existing law requires each person desiring a license as a behavior analyst or assistant behavior analyst or registration as a registered behavior technician to undergo a criminal background check. (NRS 437.200) Section 18 of this bill authorizes an applicant for registration as a registered behavior technician to forego the required background check if he or she submits certain verification that he or she has, within the immediately preceding 6 months, passed a criminal background check for the purpose of certification by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization.
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 437.001 is hereby amended to read as follows:
437.001 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 437.005 to [437.055,] 437.050, inclusive, have the meanings ascribed to them in those sections.
Sec. 2. NRS 437.005 is hereby amended to read as follows:
437.005 Assistant behavior analyst means a person who holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, and is licensed as an assistant behavior analyst [by the Division.] pursuant to this chapter.
Sec. 3. NRS 437.010 is hereby amended to read as follows:
437.010 Behavior analyst means a person who holds current certification as a Board Certified Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, and is licensed as a behavior analyst [by the Division.] pursuant to this chapter.
Sec. 4. NRS 437.020 is hereby amended to read as follows:
437.020 Community means the entire area customarily served by behavior analysts and assistant behavior analysts among whom a patient may reasonably choose, not merely the particular area inhabited by the patients of an individual behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician or the particular city or place where the behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician has his or her office.
κ2019 Statutes of Nevada, Page 2535 (CHAPTER 410, SB 258)κ
behavior interventionist] or registered behavior technician or the particular city or place where the behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician has his or her office.
Sec. 5. NRS 437.030 is hereby amended to read as follows:
437.030 Gross malpractice means malpractice where the failure to exercise the requisite degree of care, diligence or skill consists of:
1. Practicing applied behavior analysis with a patient while the behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician is under the influence of an alcoholic beverage as defined in NRS 202.015 or any controlled substance;
2. Gross negligence;
3. Willful disregard of established methods and procedures in the practice of applied behavior analysis; or
4. Willful and consistent use of methods and procedures considered by behavior analysts, assistant behavior analysts [, state certified behavior interventionists] or registered behavior technicians, as applicable, in the community to be inappropriate or unnecessary in the cases where used.
Sec. 6. NRS 437.035 is hereby amended to read as follows:
437.035 Malpractice means failure on the part of a behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician to exercise the degree of care, diligence and skill ordinarily exercised by behavior analysts, assistant behavior analysts [, state certified behavior interventionists] or registered behavior technicians, as applicable, in good standing in the community.
Sec. 7. NRS 437.040 is hereby amended to read as follows:
437.040 Practice of applied behavior analysis means the design, implementation and evaluation of instructional and environmental modifications based on scientific research and observations of behavior and the environment to produce socially significant improvement in human behavior, including, without limitation:
1. The empirical identification of functional relations between environment and behavior; and
2. The use of contextual factors, motivating operations, antecedent stimuli, positive reinforcement and other procedures to help a person develop new behaviors, increase or decrease existing behaviors and engage in certain behavior under specific environmental conditions.
Κ The term includes the provision of behavioral therapy by a behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician.
Sec. 8. NRS 437.050 is hereby amended to read as follows:
437.050 Registered behavior technician means a person who [is] :
1. Is certified as a registered behavior technician by the Behavior Analyst Certification Board, Inc., or its successor organization;
2. Is registered as such [by the Division] pursuant to this chapter; and [provides]
3. Provides behavioral therapy under the supervision of:
[1.] (a) A licensed psychologist;
[2.] (b) A licensed behavior analyst; or
[3.] (c) A licensed assistant behavior analyst.
κ2019 Statutes of Nevada, Page 2536 (CHAPTER 410, SB 258)κ
Sec. 9. NRS 437.060 is hereby amended to read as follows:
437.060 The provisions of this chapter do not apply to:
1. A physician who is licensed to practice in this State;
2. A person who is licensed to practice dentistry in this State;
3. A person who is licensed as a psychologist pursuant to chapter 641 of NRS;
4. A person who is licensed as a marriage and family therapist or marriage and family therapist intern pursuant to chapter 641A of NRS;
5. A person who is licensed as a clinical professional counselor or clinical professional counselor intern pursuant to chapter 641A of NRS;
6. A person who is licensed to engage in social work pursuant to chapter 641B of NRS;
7. A person who is licensed as an occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive;
8. A person who is licensed as a clinical alcohol and drug abuse counselor, licensed or certified as an alcohol and drug abuse counselor or certified as an alcohol and drug abuse counselor intern, a clinical alcohol and drug abuse counselor intern, a problem gambling counselor or a problem gambling counselor intern, pursuant to chapter 641C of NRS;
9. Any member of the clergy;
10. A family member of a recipient of applied behavior analysis services who performs activities as directed by a behavior analyst or assistant behavior analyst; or
11. A person who provides applied behavior analysis services to a pupil in a public school in a manner consistent with the training and experience of the person,
Κ if such a person does not commit an act described in NRS 437.510 or represent himself or herself as a behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician.
Sec. 10. NRS 437.065 is hereby amended to read as follows:
437.065 1. A person is not required to be licensed [, certified] or registered [by the Division] pursuant to this chapter if he or she:
(a) Provides behavior modification services or training exclusively to animals and not to natural persons;
(b) Provides generalized applied behavior analysis services to an organization but does not otherwise separately provide such services directly to natural persons;
(c) Teaches applied behavior analysis or conducts research concerning applied behavior analysis but does not otherwise separately provide applied behavior analysis services directly to natural persons;
(d) Provides academic services, including, without limitation, tutoring, instructional design, curriculum production, assessment research and design, or test preparation but does not otherwise separately provide applied behavior analysis services directly to natural persons; or
(e) Conducts academic research relating to applied behavior analysis as a primary job responsibility but does not otherwise separately provide applied behavior analysis services directly to natural persons.
2. A person described in subsection 1:
(a) May refer to himself or herself as a behavior analyst; and
(b) Shall not represent or imply that he or she is licensed [, certified] or registered [by the Division.] pursuant to this chapter.
κ2019 Statutes of Nevada, Page 2537 (CHAPTER 410, SB 258)κ
Sec. 11. NRS 437.070 is hereby amended to read as follows:
437.070 1. A person who has matriculated at an accredited college or university and is not licensed [, certified] or registered [by the Division] pursuant to this chapter may practice applied behavior analysis under the direct supervision of a licensed behavior analyst as part of:
(a) A program in applied behavior analysis offered by the college or university in which he or she is enrolled; or
(b) An internship or fellowship.
2. A person described in subsection 1:
(a) Shall clearly identify himself or herself to any person to whom he or she provides applied behavior analysis services as a student, intern, trainee or fellow; and
(b) Shall not identify himself or herself as a behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician, or represent or imply that he or she is licensed [, certified] or registered [by the Division.] pursuant to this chapter.
Sec. 12. NRS 437.075 is hereby amended to read as follows:
437.075 1. A licensed behavior analyst or assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician shall limit his or her practice of applied behavior analysis to his or her areas of competence, as documented by education, training and experience.
2. The Board shall adopt regulations to ensure that licensed behavior analysts and assistant behavior analysts [, state certified behavior interventionists] and registered behavior technicians limit their practice of applied behavior analysis to their areas of competence.
Sec. 13. NRS 437.110 is hereby amended to read as follows:
437.110 The Board may make and promulgate rules and regulations not inconsistent with the provisions of this chapter governing its procedure, the examination and licensure [, certification] or registration of applicants, the granting, refusal, revocation or suspension of licenses [, certificates] or registrations and the practice of applied behavior analysis.
Sec. 14. NRS 437.130 is hereby amended to read as follows:
437.130 1. [The Division] Except as otherwise provided in subsection 2, the Board shall enforce the provisions of this chapter and may, under the provisions of this chapter:
[1.] (a) Examine and pass upon the qualifications of applicants for licensure [, certification] and registration.
[2.] (b) License [, certify] and register qualified applicants.
[3. Conduct investigations of licensees, certificate holders and registrants.
4.] (c) Revoke or suspend licenses [, certificates] and registrations.
[5. Collect all fees and make disbursements pursuant to this chapter.]
2. Except as otherwise provided in this subsection, the Board may delegate to the Division, in whole or in part, any duty prescribed by subsection 1. The Board must make the final determination concerning the suspension or revocation of a license or registration or the imposition of any other disciplinary action.
3. The Division shall:
(a) Collect applications and fees and make disbursements pursuant to this chapter;
(b) With the approval of the Board, conduct investigations of licensees and registrants; and
κ2019 Statutes of Nevada, Page 2538 (CHAPTER 410, SB 258)κ
(c) Perform any duty delegated by the Board pursuant to subsection 2.
Sec. 15. NRS 437.135 is hereby amended to read as follows:
437.135 In a manner consistent with the provisions of chapter 622A of NRS [,] and with the approval of the Board, the Division may hold hearings and conduct investigations related to its duties under this chapter and take evidence on any matter under inquiry before it.
Sec. 16. NRS 437.140 is hereby amended to read as follows:
437.140 1. The [Division] Board shall prescribe, by regulation, fees for the issuance, renewal and reinstatement of a license [, certificate] or registration and any other services provided by the Division pursuant to this chapter. The [Division] Board shall ensure, to the extent practicable, that the amount of such fees is sufficient to pay the costs incurred by the Board and the Division under the provisions of this chapter, including, without limitation, the compensation of the Board prescribed by NRS 437.105, and does not exceed the amount necessary to pay those costs.
2. Money received from the licensure of behavior analysts and assistant behavior analysts [, certification of state certified behavior interventionists] and registration of registered behavior technicians, civil penalties collected pursuant to this chapter and any appropriation, gift, grant or donation received by the Board or the Division for purposes relating to the duties of the Board or the Division under the provisions of this chapter must be deposited in a separate account in the State General Fund. The account must be administered by the Division. Money in the account must be expended solely for the purposes of this chapter and does not revert to the State General Fund. The compensation provided for by this chapter and all expenses incurred under this chapter must be paid from the money in the account.
Sec. 17. NRS 437.145 is hereby amended to read as follows:
437.145 1. The Division shall make and keep:
(a) A record of all violations and prosecutions under the provisions of this chapter.
(b) A register of all licenses [, certificates] and registrations.
(c) A register of all holders of licenses [, certificates] and registrations.
2. These records must be kept in an office of the Division and, except as otherwise provided in this section, are subject to public inspection during normal working hours upon reasonable notice.
3. Except as otherwise provided in NRS 239.0115, the Division may keep the personnel records of applicants confidential.
4. Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Division, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Division requesting that such documents and information be made public records.
5. The charging documents filed with the Division to initiate disciplinary action pursuant to chapter 622A of NRS and all other documents and information considered by the Division and the Board when determining whether to impose discipline are public records.
6. The provisions of this section do not prohibit the Division or the Board from communicating or cooperating with or providing any documents or other information to any licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.
κ2019 Statutes of Nevada, Page 2539 (CHAPTER 410, SB 258)κ
or other information to any licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.
Sec. 18. NRS 437.200 is hereby amended to read as follows:
437.200 1. Each person desiring a license as a behavior analyst or assistant behavior analyst [, certification as a state certified behavior interventionist] or registration as a registered behavior technician must:
(a) Make application to the Division upon a form and in a manner prescribed by the Division. The application must be accompanied by the application fee prescribed by the [Division] Board pursuant to NRS 437.140 and include all information required to complete the application.
(b) [As] Except as otherwise provided in subsection 3, as part of the application and at his or her own expense:
(1) Arrange to have a complete set of fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Division; and
(2) Submit to the Division:
(I) A complete set of fingerprints and written permission authorizing the Division to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicants background, and to such other law enforcement agencies as the Division deems necessary for a report on the applicants background; or
(II) Written verification, on a form prescribed by the Division, stating that the set of fingerprints of the applicant was taken and directly forwarded electronically or by other means to the Central Repository for Nevada Records of Criminal History and that the applicant provided written permission authorizing the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicants background, and to such other law enforcement agencies as the Division deems necessary for a report on the applicants background.
2. The Division may:
(a) Unless the applicants fingerprints are directly forwarded pursuant to sub-subparagraph (II) of subparagraph (2) of paragraph (b) of subsection 1, submit those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Division deems necessary; and
(b) Request from each agency to which the Division submits the fingerprints any information regarding the applicants background as the Division deems necessary.
3. An applicant for registration as a registered behavior technician is not required to comply with paragraph (b) of subsection 1 if he or she submits to the Division verification from a supervising psychologist, behavior analyst or assistant behavior analyst that:
(a) Within 6 months immediately preceding the date on which the application was submitted, the Behavior Analyst Certification Board, Inc., or its successor organization, determined the applicant to be eligible for registration as a registered behavior technician; and
(b) It is the policy of the Behavior Analyst Certification Board, Inc., or its successor organization, to conduct an investigation into the criminal background of an applicant for registration as a registered behavior technician or an equivalent credential that includes the submission of fingerprints to the Federal Bureau of Investigation.
κ2019 Statutes of Nevada, Page 2540 (CHAPTER 410, SB 258)κ
background of an applicant for registration as a registered behavior technician or an equivalent credential that includes the submission of fingerprints to the Federal Bureau of Investigation.
4. An application is not considered complete and received for purposes of evaluation pursuant to subsection [5] 4 of NRS 437.205 until the Division receives [a] :
(a) A complete set of fingerprints or verification that the fingerprints have been forwarded electronically or by other means to the Central Repository for Nevada Records of Criminal History, and written authorization from the applicant pursuant to this section [.] ; or
(b) If the application is for registration as a registered behavior technician, the documentation described in subsection 3.
Sec. 19. NRS 437.205 is hereby amended to read as follows:
437.205 1. Except as otherwise provided in NRS 437.215 and 437.220, each application for licensure as a behavior analyst must be accompanied by evidence satisfactory to the [Division] Board that the applicant:
(a) Is of good moral character as determined by the [Division.] Board.
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.
(c) Holds current certification as a Board Certified Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization.
2. Each application for licensure as an assistant behavior analyst must be accompanied by evidence satisfactory to the [Division] Board that the applicant:
(a) Is of good moral character as determined by the [Division.] Board.
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.
(c) Holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization.
3. [Each application for certification as a state certified behavior interventionist must contain proof that the applicant meets the qualifications prescribed by regulation of the Board, which must be no less stringent than the requirements for registration as a Registered Behavior Technician, or an equivalent credential, by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization.
4.] Each application for registration as a registered behavior technician must contain proof that the applicant is registered as a Registered Behavior Technician, or an equivalent credential, by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization. The Board shall not require any additional education or training for registration as a registered behavior technician.
[5.] 4. Except as otherwise provided in NRS 437.215 and 437.220, within 120 days after [receiving] the Division receives an application and the accompanying evidence [from an applicant, the Division] , the Board shall:
(a) Evaluate the application and accompanying evidence and determine whether the applicant is qualified pursuant to this section for licensure [, certification] or registration; and
(b) Issue a written statement to the applicant of its determination.
κ2019 Statutes of Nevada, Page 2541 (CHAPTER 410, SB 258)κ
[6.] 5. If the [Division] Board determines that the qualifications of the applicant are insufficient for licensure [, certification] or registration, the written statement issued to the applicant pursuant to subsection [5] 4 must include a detailed explanation of the reasons for that determination.
Sec. 20. NRS 437.210 is hereby amended to read as follows:
437.210 1. In addition to any other requirements set forth in this chapter:
(a) An applicant for the issuance of a license as a behavior analyst or assistant behavior analyst [, certificate as a state certified behavior interventionist] or registration as a registered behavior technician shall include the social security number of the applicant in the application submitted to the Division.
(b) An applicant for the issuance or renewal of a license as a behavior analyst or assistant behavior analyst [, certificate as a state certified behavior interventionist] or registration as a registered behavior technician shall submit to the Aging and Disability Services Division the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The Aging and Disability Services Division shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the license [, certificate] or registration; or
(b) A separate form prescribed by the Division.
3. A license as a behavior analyst or assistant behavior analyst [, certificate as a state certified behavior interventionist] or registration as a registered behavior technician must not be issued or renewed by the [Aging and Disability Services Division] Board if the applicant:
(a) Fails to submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Aging and Disability Services Division shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Sec. 21. NRS 437.215 is hereby amended to read as follows:
437.215 1. The [Division] Board may issue a license by endorsement as a behavior analyst to an applicant who meets the requirements set forth in this section. An applicant may submit to the Division an application for such a license if the applicant holds a corresponding valid and unrestricted license as a behavior analyst in the District of Columbia or any state or territory of the United States.
2. An applicant for a license by endorsement pursuant to this section must submit to the Division with his or her application:
κ2019 Statutes of Nevada, Page 2542 (CHAPTER 410, SB 258)κ
(a) Proof satisfactory to the [Division] Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) Is a citizen of the United States or otherwise has the legal right to work in the United States;
(3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license as a behavior analyst; and
(4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;
(b) A complete set of fingerprints and written permission authorizing the Division to forward the fingerprints in the manner provided in NRS 437.200;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
(d) The fee prescribed by the [Division] Board pursuant to the regulations adopted pursuant to NRS 437.140; and
(e) Any other information required by the Division.
3. Not later than 15 business days after [receiving] the Division receives an application for a license by endorsement as a behavior analyst pursuant to this section, the [Division] Board shall provide written notice to the applicant of any additional information required by the [Division] Board to consider the application. Unless the [Division] Board denies the application for good cause, the [Division] Board shall approve the application and issue a license by endorsement as a behavior analyst to the applicant not later than:
(a) Forty-five days after receiving the application; or
(b) Ten days after the Division receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.
Sec. 22. NRS 437.220 is hereby amended to read as follows:
437.220 1. The [Division] Board may issue a license by endorsement as a behavior analyst to an applicant who meets the requirements set forth in this section. An applicant may submit to the Division an application for such a license if the applicant:
(a) Holds a corresponding valid and unrestricted license as a behavior analyst in the District of Columbia or any state or territory of the United States; and
(b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the spouse, widow or widower of a veteran.
2. An applicant for a license by endorsement pursuant to this section must submit to the Division with his or her application:
(a) Proof satisfactory to the [Division] Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) Is a citizen of the United States or otherwise has the legal right to work in the United States;
(3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a license as a behavior analyst; and
(4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;
κ2019 Statutes of Nevada, Page 2543 (CHAPTER 410, SB 258)κ
(b) A complete set of fingerprints and written permission authorizing the Division to forward the fingerprints in the manner provided in NRS 437.200;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
(d) The fee prescribed by the [Division] Board pursuant to the regulations adopted pursuant to NRS 437.140; and
(e) Any other information required by the Division.
3. Not later than 15 business days after [receiving] the Division receives an application for a license by endorsement as a behavior analyst pursuant to this section, the [Division] Board shall provide written notice to the applicant of any additional information required by the [Division] Board to consider the application. Unless the [Division] Board denies the application for good cause, the [Division] Board shall approve the application and issue a license by endorsement as a behavior analyst to the applicant not later than:
(a) Forty-five days after receiving all the additional information required by the [Division] Board to complete the application; or
(b) Ten days after the Division receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.
4. At any time before making a final decision on an application for a license by endorsement pursuant to this section, the [Division] Board may grant a provisional license authorizing an applicant to practice as a behavior analyst in accordance with regulations adopted by the Board.
5. As used in this section, veteran has the meaning ascribed to it in NRS 417.005.
Sec. 23. NRS 437.225 is hereby amended to read as follows:
437.225 1. To renew a license as a behavior analyst or assistant behavior analyst [, certificate as a state certified behavior interventionist] or registration as a registered behavior technician, each person must, on or before the first day of January of each odd-numbered year:
(a) Apply to the Division for renewal;
(b) Pay the biennial fee for the renewal of a license [, certificate] or registration;
(c) Submit evidence to the Division [of] :
(1) Of completion of the requirements for continuing education as set forth in regulations adopted by the [Division,] Board, if applicable; and
(2) That the persons certification or registration, as applicable, by the Behavior Analyst Certification Board, Inc., or its successor organization, remains valid and the holder remains in good standing; and
(d) Submit all information required to complete the renewal.
2. In addition to the requirements of subsection 1, to renew [a certificate as a state certified behavior interventionist or] registration as a registered behavior technician for the third time and every third renewal thereafter, a person must submit to an investigation of his or her criminal history in the manner prescribed in paragraph (b) of subsection 1 of NRS 437.200.
3. The [Division] Board shall [,] adopt regulations that require, as a prerequisite for the renewal of a license as a behavior analyst or assistant behavior analyst, [require] each holder to [comply with the requirements for] complete continuing education , [adopted by the Board,] which must [include,] :
κ2019 Statutes of Nevada, Page 2544 (CHAPTER 410, SB 258)κ
(a) Be consistent with nationally recognized standards for the continuing education of behavior analysts or assistant behavior analysts, as applicable; and
(b) Include, without limitation, a requirement that the holder of a license receive at least 2 hours of instruction on evidence-based suicide prevention and awareness.
4. [The Board may adopt regulations requiring each state certified behavior interventionist to receive continuing education as a prerequisite for the renewal of his or her certificate.
5.] The Board shall not adopt regulations requiring a registered behavior technician to receive continuing education.
Sec. 24. NRS 437.330 is hereby amended to read as follows:
437.330 1. In addition to any other requirements set forth in this chapter, an applicant for the renewal of a license as a behavior analyst or assistant behavior analyst [, certificate as a state certified behavior interventionist] or registration as a registered behavior technician must indicate in the application submitted to the Division whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.
2. A license as a behavior analyst or assistant behavior analyst [, certificate as a state certified behavior interventionist] or registration as a registered behavior technician may not be renewed if:
(a) The applicant fails to submit the information required by subsection 1; or
(b) The State Controller has informed the Division pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:
(1) Satisfied the debt;
(2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or
(3) Demonstrated that the debt is not valid.
3. As used in this section:
(a) Agency has the meaning ascribed to it in NRS 353C.020.
(b) Debt has the meaning ascribed to it in NRS 353C.040.
Sec. 25. NRS 437.335 is hereby amended to read as follows:
437.335 1. The license of any behavior analyst or assistant behavior analyst [, the certificate of a state certified behavior interventionist] or the registration of a registered behavior technician who fails to pay the biennial fee for the renewal of a license [, certificate] or registration within 60 days after the date it is due is automatically suspended. The [Division] Board may, within 2 years after the date the license [, certificate] or registration is so suspended, reinstate the license [, certificate] or registration upon payment to the Division of the amount of the then current biennial fee for the renewal of a license [, certificate] or registration and the amount of the fee for the restoration of a license [, certificate] or registration so suspended. If the license [, certificate] or registration is not reinstated within 2 years, the [Division] Board may reinstate the license [, certificate] or registration only if it also determines that the holder of the license [, certificate] or registration is competent to practice as a behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician, as applicable.
κ2019 Statutes of Nevada, Page 2545 (CHAPTER 410, SB 258)κ
is competent to practice as a behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician, as applicable.
2. A notice must be sent to any person who fails to pay the biennial fee, informing the person that his or her license [, certificate] or registration is suspended.
Sec. 26. NRS 437.400 is hereby amended to read as follows:
437.400 1. The [Division] Board may suspend or revoke a persons license as a behavior analyst or assistant behavior analyst [, certificate as a state certified behavior interventionist] or registration as a registered behavior technician, place the person on probation, require remediation for the person or take any other action specified by regulation if the Division finds by a preponderance of the evidence that the person has:
(a) Been convicted of a felony relating to the practice of applied behavior analysis.
(b) Been convicted of any crime or offense that reflects the inability of the person to practice applied behavior analysis with due regard for the health and safety of others.
(c) Been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.
(d) Engaged in gross malpractice or repeated malpractice or gross negligence in the practice of applied behavior analysis.
(e) Except as otherwise provided in NRS 437.060 and 437.070, aided or abetted practice as a behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician by a person who is not licensed [, certified] or registered, as applicable, [by the Division.] pursuant to this chapter.
(f) Made any fraudulent or untrue statement to the Division [.] or the Board.
(g) Violated a regulation adopted by the Board.
(h) Had a license, certificate or registration to practice applied behavior analysis suspended or revoked or has had any other disciplinary action taken against the person by another state or territory of the United States, the District of Columbia or a foreign country, if at least one of the grounds for discipline is the same or substantially equivalent to any ground contained in this chapter.
(i) Failed to report to the Division within 30 days the revocation, suspension or surrender of, or any other disciplinary action taken against, a license, certificate or registration to practice applied behavior analysis issued to the person by another state or territory of the United States, the District of Columbia or a foreign country.
(j) Violated or attempted to violate, directly or indirectly, or assisted in or abetted the violation of or conspired to violate a provision of this chapter.
(k) Performed or attempted to perform any professional service while impaired by alcohol or drugs or by a mental or physical illness, disorder or disease.
(l) Engaged in sexual activity with a patient or client.
(m) Been convicted of abuse or fraud in connection with any state or federal program which provides medical assistance.
(n) Been convicted of submitting a false claim for payment to the insurer of a patient or client.
κ2019 Statutes of Nevada, Page 2546 (CHAPTER 410, SB 258)κ
(o) Operated a medical facility, as defined in NRS 449.0151, at any time during which:
(1) The license of the facility was suspended or revoked; or
(2) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160.
Κ This paragraph applies to an owner or other principal responsible for the operation of the facility.
2. As used in this section, preponderance of the evidence has the meaning ascribed to it in NRS 233B.0375.
Sec. 27. NRS 437.405 is hereby amended to read as follows:
437.405 The Board shall adopt regulations that establish grounds for disciplinary action for a licensed behavior analyst, licensed assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician in addition to those prescribed by NRS 437.400.
Sec. 28. NRS 437.410 is hereby amended to read as follows:
437.410 1. If the Division or a hearing officer appointed by the Division finds a person guilty in a disciplinary proceeding, the Division shall transmit notice of that finding to the Board. Upon receiving such notice, the Board may:
(a) Administer a public reprimand.
(b) Limit the persons practice.
(c) Suspend the persons license [, certificate] or registration for a period of not more than 1 year.
(d) Revoke the persons license [, certificate] or registration.
(e) Impose a fine of not more than $5,000.
(f) Revoke or suspend the persons license [, certificate] or registration and impose a monetary penalty.
(g) Suspend the enforcement of any penalty by placing the person on probation. The [Division] Board may revoke the probation if the person does not follow any conditions imposed.
(h) Require the person to submit to the supervision of or counseling or treatment by a person designated by the [Division.] Board. The person named in the complaint is responsible for any expense incurred.
(i) Impose and modify any conditions of probation for the protection of the public or the rehabilitation of the probationer.
(j) Require the person to pay for the costs of remediation or restitution.
2. The [Division] Board shall not administer 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. 29. NRS 437.415 is hereby amended to read as follows:
437.415 1. If the Division receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses [, certificates] and permits issued to a person who is the holder of a license [, certificate] or registration issued pursuant to this chapter, the Division shall transmit the copy to the Board. The Board shall deem the license [, certificate] or registration issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Division receives and transmits to the Board a letter issued to the holder of the license [, certificate] or registration by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license [, certificate] or registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
κ2019 Statutes of Nevada, Page 2547 (CHAPTER 410, SB 258)κ
stating that the holder of the license [, certificate] or registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The [Division] Board shall reinstate a license [, certificate] or registration issued pursuant to this chapter that has been suspended by a district court pursuant to NRS 425.540 if the Division receives and transmits to the Board a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license [, certificate] or registration was suspended stating that the person whose license [, certificate] or registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Sec. 30. NRS 437.425 is hereby amended to read as follows:
437.425 1. The Division or a hearing officer may , with the approval of the Board, issue subpoenas to compel the attendance of witnesses and the production of books, papers, documents, the records of patients and any other article related to the practice of applied behavior analysis.
2. If any witness refuses to attend or testify or produce any article as required by the subpoena, the Division may , with the approval of the Board, file a petition with the district court stating that:
(a) Due notice has been given for the time and place of attendance of the witness or the production of the required articles;
(b) The witness has been subpoenaed pursuant to this section; and
(c) The witness has failed or refused to attend or produce the articles required by the subpoena or has refused to answer questions propounded to him or her,
Κ and asking for an order of the court compelling the witness to attend and testify before the Division or a hearing officer, or produce the articles as required by the subpoena.
3. Upon such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why the witness has not attended or testified or produced the articles. A certified copy of the order must be served upon the witness.
4. If it appears to the court that the subpoena was regularly issued, the court shall enter an order that the witness appear before the Division or a hearing officer at the time and place fixed in the order and testify or produce the required articles, and upon failure to obey the order the witness must be dealt with as for contempt of court.
Sec. 31. NRS 437.430 is hereby amended to read as follows:
437.430 1. The Division, the Board or any review panel of a hospital or an association of behavior analysts, assistant behavior analysts [, state certified behavior interventionists] or registered behavior technicians which becomes aware that any one or a combination of the grounds for initiating disciplinary action may exist as to a person practicing applied behavior analysis in this State shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the Division.
2. The Division shall retain all complaints filed with the Division pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon.
κ2019 Statutes of Nevada, Page 2548 (CHAPTER 410, SB 258)κ
Sec. 32. NRS 437.435 is hereby amended to read as follows:
437.435 When a complaint is filed with the Division, it shall review the complaint. If, from the complaint or from other official records, it appears that the complaint is not frivolous, the Division may [:] , with the approval of the Board:
1. Retain the Attorney General to investigate the complaint; and
2. If the Division retains the Attorney General, transmit the original complaint, along with further facts or information derived from the review, to the Attorney General.
Sec. 33. NRS 437.440 is hereby amended to read as follows:
437.440 1. The Division shall request the approval of the Board to conduct an investigation of each complaint filed pursuant to NRS 437.430 which sets forth reason to believe that a person has violated NRS 437.500. Upon the approval of the Board, the Division shall conduct such an investigation.
2. If, after an investigation, the Division determines that a person has violated NRS 437.500, the Division:
(a) May [issue] , with the approval of the Board:
(1) Issue and serve on the person an order to cease and desist from engaging in any activity prohibited by NRS 437.500 until the person obtains the proper license [, certificate] or registration [from the Division;
(b) May issue] ; and
(2) Issue a citation to the person; and
[(c)] (b) Shall request the approval of the Board to provide a written summary of the Divisions determination and any information relating to the violation to the Attorney General. Upon the approval of the Board, the Division shall provide such a summary to the Attorney General.
3. A citation issued pursuant to subsection 2 must be in writing and describe with particularity the nature of the violation. The citation also must inform the person of the provisions of subsection 5. Each violation of NRS 437.500 constitutes a separate offense for which a separate citation may be issued.
4. For any person who violates the provisions of NRS 437.500, the Division shall assess an administrative fine of:
(a) For a first violation, $500.
(b) For a second violation, $1,000.
(c) For a third or subsequent violation, $1,500.
5. To appeal a citation issued pursuant to subsection 2, a person must submit a written request for a hearing to the Division within 30 days after the date of issuance of the citation.
Sec. 34. NRS 437.445 is hereby amended to read as follows:
437.445 1. If the Division retains the Attorney General pursuant to NRS 437.435, the Attorney General shall conduct an investigation of a complaint transmitted to the Attorney General to determine whether it warrants proceedings for the modification, suspension or revocation of the license [, certificate] or registration. If the Attorney General determines that further proceedings are warranted, he or she shall report the results of the investigation together with a recommendation to the Division in a manner which does not violate the right of the person charged in the complaint to due process in any later hearing on the complaint.
κ2019 Statutes of Nevada, Page 2549 (CHAPTER 410, SB 258)κ
2. The Division shall promptly make a determination with respect to each complaint reported to it by the Attorney General [.] and submit that determination to the Board. The [Division] Board shall:
(a) Dismiss the complaint; or
(b) Proceed with appropriate disciplinary action.
Sec. 35. NRS 437.450 is hereby amended to read as follows:
437.450 Notwithstanding the provisions of chapter 622A of NRS, if the Division has reason to believe that the conduct of any behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician has raised a reasonable question as to competence to practice applied behavior analysis with reasonable skill and safety to patients, the Division may , with the approval of the Board, require the behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician to take a written or oral examination to determine whether the behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician is competent to practice applied behavior analysis. If an examination is required, the reasons therefor must be documented and made available to the behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician being examined.
Sec. 36. NRS 437.455 is hereby amended to read as follows:
437.455 Notwithstanding the provisions of chapter 622A of NRS, if the [Division or a hearing officer] Board issues an order suspending the license of a behavior analyst or assistant behavior analyst [, certificate of a state certified behavior interventionist] or registration of a registered behavior technician pending proceedings for disciplinary action and requires the behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician to submit to an examination of his or her competency to practice applied behavior analysis, the examination must be conducted and the results obtained within 60 days after the [Division or hearing officer] Board issues the order.
Sec. 37. NRS 437.465 is hereby amended to read as follows:
437.465 Notwithstanding the provisions of chapter 622A of NRS, in any disciplinary proceeding before the Division or a hearing officer conducted under the provisions of this chapter:
1. Proof of actual injury need not be established where the complaint charges deceptive or unethical professional conduct or practice of applied behavior analysis harmful to the public.
2. A certified copy of the record of a court or a licensing agency showing a conviction or the suspension or revocation of a license as a behavior analyst or assistant behavior analyst [, certificate as a state certified behavior interventionist] or registration as a registered behavior technician is conclusive evidence of its occurrence.
3. The entering of a plea of nolo contendere in a court of competent jurisdiction shall be deemed a conviction of the offense charged.
Sec. 38. NRS 437.470 is hereby amended to read as follows:
437.470 1. Any person who has been placed on probation or whose license [, certificate] or registration has been limited, suspended or revoked pursuant to this chapter is entitled to judicial review of the order.
2. Every order which limits the practice of applied behavior analysis or suspends or revokes a license [, certificate] or registration is effective from the date the [Division certifies] Board issues the order until the date the order is modified or reversed by a final judgment of the court.
κ2019 Statutes of Nevada, Page 2550 (CHAPTER 410, SB 258)κ
the date the [Division certifies] Board issues the order until the date the order is modified or reversed by a final judgment of the court.
3. The district court shall give a petition for judicial review of the order priority over other civil matters which are not expressly given priority by law.
Sec. 39. NRS 437.475 is hereby amended to read as follows:
437.475 1. Notwithstanding the provisions of chapter 622A of NRS:
[1.] (a) Pending disciplinary proceedings before the Division or a hearing officer, the court may, upon application by the Division or the Attorney General, issue a temporary restraining order or a preliminary injunction to enjoin any unprofessional conduct of a behavior analyst, an assistant behavior analyst [, a state certified behavior interventionist] or a registered behavior technician which is harmful to the public, to limit the practice of the behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician or to suspend the license to practice as a behavior analyst or assistant behavior analyst [, certificate to practice as a state certified behavior interventionist] or registration to practice as a registered behavior technician without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.
[2.] (b) The disciplinary proceedings before the Division or a hearing officer must be instituted and determined as promptly as the requirements for investigation of the case reasonably allow.
2. The Division shall not make an application pursuant to subsection 1 without the approval of the Board.
Sec. 40. NRS 437.480 is hereby amended to read as follows:
437.480 1. The Division , with the approval of the Board, or the Attorney General may maintain in any court of competent jurisdiction a suit for an injunction against any person practicing in violation of NRS 437.510 or as a behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician without the proper license [, certificate] or registration . [from the Division.]
2. Such an injunction:
(a) May be issued without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.
(b) Does not relieve any person from criminal prosecution for practicing without a license [, certificate] or registration.
Sec. 41. NRS 437.485 is hereby amended to read as follows:
437.485 In addition to any other immunity provided by the provisions of chapter 622A of NRS, the Division, a review panel of a hospital, an association of behavior analysts, assistant behavior analysts [, state certified behavior interventionists] or registered behavior technicians, or any other person who or organization which initiates a complaint or assists in any lawful investigation or proceeding concerning the licensure of a behavior analyst or assistant behavior analyst [, certification of a state certified behavior interventionist] or registration of a registered behavior technician or the discipline of a behavior analyst, an assistant behavior analyst [, a state certified behavior interventionist] or a registered behavior technician for gross malpractice, repeated malpractice, professional incompetence or unprofessional conduct is immune from any civil action for that initiation or assistance or any consequential damages, if the person or organization acted without malicious intent.
κ2019 Statutes of Nevada, Page 2551 (CHAPTER 410, SB 258)κ
Sec. 42. NRS 437.490 is hereby amended to read as follows:
437.490 1. Any person:
(a) Whose practice of applied behavior analysis has been limited;
(b) Whose license [, certificate] or registration has been revoked; or
(c) Who has been placed on probation,
Κ by an order of the [Division or a hearing officer] Board may apply to the Division after 1 year for removal of the limitation or termination of the probation or may apply to the Division pursuant to the provisions of chapter 622A of NRS for reinstatement of the revoked license [, certificate] or registration.
2. In hearing the application, the Division:
(a) May require the person to submit such evidence of changed conditions and of fitness as it considers proper.
(b) Shall determine whether under all the circumstances the time of the application is reasonable.
(c) [May] Shall submit its determination concerning the application to the Board.
3. Upon receiving a determination of the Division pursuant to paragraph (c) of subsection 2, the Board may deny the application or modify or rescind its order as it considers the evidence and the public safety warrants.
Sec. 43. NRS 437.500 is hereby amended to read as follows:
437.500 Except as otherwise provided in NRS 437.060, 437.065 and 437.070, a person shall not represent himself or herself as a behavior analyst, assistant behavior [analyst, state certified behavior interventionist] or registered behavior technician within the meaning of this chapter or engage in the practice of applied behavior analysis unless he or she is licensed [, certified] or registered as required by the provisions of this chapter.
Sec. 44. NRS 437.505 is hereby amended to read as follows:
437.505 1. A licensed assistant behavior analyst shall not provide or supervise behavioral therapy except under the supervision of:
(a) A licensed psychologist; or
(b) A licensed behavior analyst.
2. A [state certified behavior interventionist or] registered behavior technician shall not provide behavioral therapy except under the supervision of:
(a) A licensed psychologist;
(b) A licensed behavior analyst; or
(c) A licensed assistant behavior analyst.
Sec. 45. NRS 437.510 is hereby amended to read as follows:
437.510 Any person who:
1. Presents as his or her own the diploma, license, certificate, registration or credentials of another;
2. Gives either false or forged evidence of any kind to the Division in connection with an application for a license [, certificate] or registration;
3. Practices applied behavior analysis under a false or assumed name or falsely personates another behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician of a like or different name;
4. Except as otherwise provided in NRS 437.060 and 437.065, represents himself or herself as a behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician, or uses any title or description which indicates or implies that he or she is a behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician, unless he or she has been issued a license [, certificate] or registration as required by this chapter; or
κ2019 Statutes of Nevada, Page 2552 (CHAPTER 410, SB 258)κ
behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician, unless he or she has been issued a license [, certificate] or registration as required by this chapter; or
5. Except as otherwise provided in NRS 437.060, 437.065 and 437.070, practices as an applied behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician unless he or she has been issued a license [, certificate] or registration, as applicable,
Κ is guilty of a gross misdemeanor.
Sec. 46. NRS 287.0276 is hereby amended to read as follows:
287.0276 1. The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health insurance through a plan of self-insurance must provide coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the plan of self-insurance under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.
2. Coverage provided under this section is subject to:
(a) A maximum benefit of the actuarial equivalent of $72,000 per year for applied behavior analysis treatment; and
(b) Copayment, deductible and coinsurance provisions and any other general exclusion or limitation of a plan of self-insurance to the same extent as other medical services or prescription drugs covered by the policy.
3. A governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health insurance through a plan of self-insurance which provides coverage for outpatient care shall not:
(a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period for coverage for outpatient care related to autism spectrum disorders than is required for other outpatient care covered by the plan of self-insurance; or
(b) Refuse to issue a plan of self-insurance or cancel a plan of self-insurance solely because the person applying for or covered by the plan of self-insurance uses or may use in the future any of the services listed in subsection 1.
4. Except as otherwise provided in subsections 1 and 2, a governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health insurance through a plan of self-insurance shall not limit the number of visits an insured may make to any person, entity or group for treatment of autism spectrum disorders.
5. Treatment of autism spectrum disorders must be identified in a treatment plan and may include medically necessary habilitative or rehabilitative care, prescription care, psychiatric care, psychological care, behavioral therapy or therapeutic care that is:
(a) Prescribed for a person diagnosed with an autism spectrum disorder by a licensed physician or licensed psychologist; and
(b) Provided for a person diagnosed with an autism spectrum disorder by a licensed physician, licensed psychologist, licensed behavior analyst or other provider that is supervised by the licensed physician, psychologist or behavior analyst.
κ2019 Statutes of Nevada, Page 2553 (CHAPTER 410, SB 258)κ
Κ A governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health insurance through a plan of self-insurance may request a copy of and review a treatment plan created pursuant to this subsection.
6. A plan of self-insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after July 1, 2011, has the legal effect of including the coverage required by subsection 1, and any provision of the plan of self-insurance or the renewal which is in conflict with subsection 1 or 2 is void.
7. Nothing in this section shall be construed as requiring a governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health insurance through a plan of self-insurance to provide reimbursement to a school for services delivered through school services.
8. As used in this section:
(a) Applied behavior analysis means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior.
(b) Autism spectrum disorder has the meaning ascribed to it in NRS 427A.875.
(c) Behavioral therapy means any interactive therapy derived from evidence-based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst [,] or registered behavior technician . [or state certified behavior interventionist.]
(d) Evidence-based research means research that applies rigorous, systematic and objective procedures to obtain valid knowledge relevant to autism spectrum disorders.
(e) Habilitative or rehabilitative care means counseling, guidance and professional services and treatment programs, including, without limitation, applied behavior analysis, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of a person.
(f) Licensed assistant behavior analyst means a person who holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.
(g) Licensed behavior analyst means a person who holds current certification as a Board Certified Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization and is licensed as a behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services.
κ2019 Statutes of Nevada, Page 2554 (CHAPTER 410, SB 258)κ
(h) Prescription care means medications prescribed by a licensed physician and any health-related services deemed medically necessary to determine the need or effectiveness of the medications.
(i) Psychiatric care means direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices.
(j) Psychological care means direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices.
(k) Registered behavior technician has the meaning ascribed to it in NRS 437.050.
(l) Screening for autism spectrum disorders means all medically appropriate assessments, evaluations or tests to diagnose whether a person has an autism spectrum disorder.
(m) [State certified behavior interventionist has the meaning ascribed to it in NRS 437.055.
(n)] Therapeutic care means services provided by licensed or certified speech-language pathologists, occupational therapists and physical therapists.
[(o)] (n) Treatment plan means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developed pursuant to a comprehensive evaluation in coordination with a licensed behavior analyst.
Sec. 47. NRS 427A.040 is hereby amended to read as follows:
427A.040 1. The Division shall, consistent with the priorities established by the Commission pursuant to NRS 427A.038:
(a) Serve as a clearinghouse for information related to problems of the aged and aging.
(b) Assist the Director in all matters pertaining to problems of the aged and aging.
(c) Develop plans, conduct and arrange for research and demonstration programs in the field of aging.
(d) Provide technical assistance and consultation to political subdivisions with respect to programs for the aged and aging.
(e) Prepare, publish and disseminate educational materials dealing with the welfare of older persons.
(f) Gather statistics in the field of aging which other federal and state agencies are not collecting.
(g) Stimulate more effective use of existing resources and available services for the aged and aging.
(h) Develop and coordinate efforts to carry out a comprehensive State Plan for Providing Services to Meet the Needs of Older Persons. In developing and revising the State Plan, the Division shall consider, among other things, the amount of money available from the Federal Government for services to aging persons and the conditions attached to the acceptance of such money, and the limitations of legislative appropriations for services to aging persons.
(i) Coordinate all state and federal funding of service programs to the aging in the State.
2. The Division shall:
(a) Provide access to information about services or programs for persons with disabilities that are available in this State.
κ2019 Statutes of Nevada, Page 2555 (CHAPTER 410, SB 258)κ
(b) Work with persons with disabilities, persons interested in matters relating to persons with disabilities and state and local governmental agencies in:
(1) Developing and improving policies of this State concerning programs or services for persons with disabilities, including, without limitation, policies concerning the manner in which complaints relating to services provided pursuant to specific programs should be addressed; and
(2) Making recommendations concerning new policies or services that may benefit persons with disabilities.
(c) Serve as a liaison between state governmental agencies that provide services or programs to persons with disabilities to facilitate communication and the coordination of information and any other matters relating to services or programs for persons with disabilities.
(d) Serve as a liaison between local governmental agencies in this State that provide services or programs to persons with disabilities to facilitate communication and the coordination of information and any other matters relating to services or programs for persons with disabilities. To inform local governmental agencies in this State of services and programs of other local governmental agencies in this State for persons with disabilities pursuant to this subsection, the Division shall:
(1) Provide technical assistance to local governmental agencies, including, without limitation, assistance in establishing an electronic network that connects the Division to each of the local governmental agencies that provides services or programs to persons with disabilities;
(2) Work with counties and other local governmental entities in this State that do not provide services or programs to persons with disabilities to establish such services or programs; and
(3) Assist local governmental agencies in this State to locate sources of funding from the Federal Government and other private and public sources to establish or enhance services or programs for persons with disabilities.
(e) Administer the following programs in this State that provide services for persons with disabilities:
(1) The program established pursuant to NRS 427A.791, 427A.793 and 427A.795 to provide services for persons with physical disabilities;
(2) The programs established pursuant to NRS 427A.800, 427A.850 and 427A.860 to provide services to persons with traumatic brain injuries;
(3) The program established pursuant to NRS 427A.797 to provide devices for telecommunication to persons who are deaf and persons with impaired speech or hearing;
(4) Any state program for independent living established pursuant to 29 U.S.C. §§ 796 et seq., with the Rehabilitation Division of the Department of Employment, Training and Rehabilitation acting as the designated state unit, as that term is defined in 34 C.F.R. § [364.4;] 385.4; and
(5) Any state program established pursuant to the Assistive Technology Act of 1998, 29 U.S.C. §§ 3001 et seq.
(f) Provide information to persons with disabilities on matters relating to the availability of housing for persons with disabilities and identify sources of funding for new housing opportunities for persons with disabilities.
(g) Before establishing policies or making decisions that will affect the lives of persons with disabilities, consult with persons with disabilities and members of the public in this State through the use of surveys, focus groups, hearings or councils of persons with disabilities to receive:
κ2019 Statutes of Nevada, Page 2556 (CHAPTER 410, SB 258)κ
members of the public in this State through the use of surveys, focus groups, hearings or councils of persons with disabilities to receive:
(1) Meaningful input from persons with disabilities regarding the extent to which such persons are receiving services, including, without limitation, services described in their individual service plans, and their satisfaction with those services; and
(2) Public input regarding the development, implementation and review of any programs or services for persons with disabilities.
(h) Publish and make available to governmental entities and the general public a biennial report which:
(1) Provides a strategy for the expanding or restructuring of services in the community for persons with disabilities that is consistent with the need for such expansion or restructuring;
(2) Reports the progress of the Division in carrying out the strategic planning goals for persons with disabilities identified pursuant to chapter 541, Statutes of Nevada 2001;
(3) Documents significant problems affecting persons with disabilities when accessing public services, if the Division is aware of any such problems;
(4) Provides a summary and analysis of the status of the practice of interpreting and the practice of realtime captioning, including, without limitation, the number of persons engaged in the practice of interpreting in an educational setting in each professional classification established pursuant to NRS 656A.100 and the number of persons engaged in the practice of realtime captioning in an educational setting; and
(5) Recommends strategies and, if determined necessary by the Division, legislation for improving the ability of the State to provide services to persons with disabilities and advocate for the rights of persons with disabilities.
3. The Division shall confer with the Department as the sole state agency in the State responsible for administering the provisions of this chapter and chapter 435 of NRS.
4. The Division shall [administer] :
(a) Administer the provisions of chapters 435 [, 437] and 656A of NRS [.] ; and
(b) Assist the Board of Applied Behavior Analysis in the administration of the provisions of chapter 437 of NRS as prescribed in that chapter.
5. The Division may contract with any appropriate public or private agency, organization or institution, in order to carry out the provisions of this chapter and chapter 435 of NRS.
Sec. 48. NRS 641.029 is hereby amended to read as follows:
641.029 The provisions of this chapter do not apply to:
1. A physician who is licensed to practice in this State;
2. A person who is licensed to practice dentistry in this State;
3. A person who is licensed as a marriage and family therapist or marriage and family therapist intern pursuant to chapter 641A of NRS;
4. A person who is licensed as a clinical professional counselor or clinical professional counselor intern pursuant to chapter 641A of NRS;
5. A person who is licensed to engage in social work pursuant to chapter 641B of NRS;
6. A person who is licensed as an occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive;
κ2019 Statutes of Nevada, Page 2557 (CHAPTER 410, SB 258)κ
7. A person who is licensed as a clinical alcohol and drug abuse counselor, licensed or certified as an alcohol and drug abuse counselor or certified as an alcohol and drug abuse counselor intern, a clinical alcohol and drug abuse counselor intern, a problem gambling counselor or a problem gambling counselor intern, pursuant to chapter 641C of NRS;
8. A person who is licensed as a behavior analyst or an assistant behavior analyst [, certified as a state certified behavior interventionist] or registered as a registered behavior technician pursuant to chapter 437 of NRS, while engaged in the practice of applied behavior analysis as defined in NRS 437.040; or
9. Any member of the clergy,
Κ if such a person does not commit an act described in NRS 641.440 or represent himself or herself as a psychologist.
Sec. 49. NRS 689A.0435 is hereby amended to read as follows:
689A.0435 1. A health benefit plan must provide an option of coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders for persons covered by the policy under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.
2. Optional coverage provided pursuant to this section must be subject to:
(a) A maximum benefit of not less than the actuarial equivalent of $72,000 per year for applied behavior analysis treatment; and
(b) Copayment, deductible and coinsurance provisions and any other general exclusions or limitations of a policy of health insurance to the same extent as other medical services or prescription drugs covered by the policy.
3. A health benefit plan that offers or issues a policy of health insurance which provides coverage for outpatient care shall not:
(a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period for optional coverage for outpatient care related to autism spectrum disorders than is required for other outpatient care covered by the policy; or
(b) Refuse to issue a policy of health insurance or cancel a policy of health insurance solely because the person applying for or covered by the policy uses or may use in the future any of the services listed in subsection 1.
4. Except as otherwise provided in subsections 1 and 2, an insurer who offers optional coverage pursuant to subsection 1 shall not limit the number of visits an insured may make to any person, entity or group for treatment of autism spectrum disorders.
5. Treatment of autism spectrum disorders must be identified in a treatment plan and may include medically necessary habilitative or rehabilitative care, prescription care, psychiatric care, psychological care, behavioral therapy or therapeutic care that is:
(a) Prescribed for a person diagnosed with an autism spectrum disorder by a licensed physician or licensed psychologist; and
(b) Provided for a person diagnosed with an autism spectrum disorder by a licensed physician, licensed psychologist, licensed behavior analyst or other provider that is supervised by the licensed physician, psychologist or behavior analyst.
Κ An insurer may request a copy of and review a treatment plan created pursuant to this subsection.
κ2019 Statutes of Nevada, Page 2558 (CHAPTER 410, SB 258)κ
6. Nothing in this section shall be construed as requiring an insurer to provide reimbursement to a school for services delivered through school services.
7. As used in this section:
(a) Applied behavior analysis means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior.
(b) Autism spectrum disorder has the meaning ascribed to it in NRS 427A.875.
(c) Behavioral therapy means any interactive therapy derived from evidence-based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst [,] or registered behavior technician . [or state certified behavior interventionist.]
(d) Evidence-based research means research that applies rigorous, systematic and objective procedures to obtain valid knowledge relevant to autism spectrum disorders.
(e) Habilitative or rehabilitative care means counseling, guidance and professional services and treatment programs, including, without limitation, applied behavior analysis, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of a person.
(f) Licensed assistant behavior analyst means a person who holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.
(g) Licensed behavior analyst means a person who holds current certification as a Board Certified Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, and is licensed as a behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services.
(h) Prescription care means medications prescribed by a licensed physician and any health-related services deemed medically necessary to determine the need or effectiveness of the medications.
(i) Psychiatric care means direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices.
(j) Psychological care means direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices.
(k) Registered behavior technician has the meaning ascribed to it in NRS 437.050.
(l) Screening for autism spectrum disorders means medically necessary assessments, evaluations or tests to screen and diagnose whether a person has an autism spectrum disorder.
κ2019 Statutes of Nevada, Page 2559 (CHAPTER 410, SB 258)κ
(m) [State certified behavior interventionist has the meaning ascribed to it in NRS 437.055.
(n)] Therapeutic care means services provided by licensed or certified speech-language pathologists, occupational therapists and physical therapists.
[(o)] (n) Treatment plan means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developed pursuant to a comprehensive evaluation in coordination with a licensed behavior analyst.
Sec. 50. NRS 689B.0335 is hereby amended to read as follows:
689B.0335 1. A health benefit plan must provide coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the policy of group health insurance under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.
2. Coverage provided under this section is subject to:
(a) A maximum benefit of the actuarial equivalent of $72,000 per year for applied behavior analysis treatment; and
(b) Copayment, deductible and coinsurance provisions and any other general exclusion or limitation of a policy of group health insurance to the same extent as other medical services or prescription drugs covered by the policy.
3. A health benefit plan that offers or issues a policy of group health insurance which provides coverage for outpatient care shall not:
(a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period for coverage for outpatient care related to autism spectrum disorders than is required for other outpatient care covered by the policy; or
(b) Refuse to issue a policy of group health insurance or cancel a policy of group health insurance solely because the person applying for or covered by the policy uses or may use in the future any of the services listed in subsection 1.
4. Except as otherwise provided in subsections 1 and 2, an insurer shall not limit the number of visits an insured may make to any person, entity or group for treatment of autism spectrum disorders.
5. Treatment of autism spectrum disorders must be identified in a treatment plan and may include medically necessary habilitative or rehabilitative care, prescription care, psychiatric care, psychological care, behavioral therapy or therapeutic care that is:
(a) Prescribed for a person diagnosed with an autism spectrum disorder by a licensed physician or licensed psychologist; and
(b) Provided for a person diagnosed with an autism spectrum disorder by a licensed physician, licensed psychologist, licensed behavior analyst or other provider that is supervised by the licensed physician, psychologist or behavior analyst.
Κ An insurer may request a copy of and review a treatment plan created pursuant to this subsection.
6. A policy subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2011, has the legal effect of including the coverage required by subsection 1, and any provision of the policy or the renewal which is in conflict with subsection 1 or 2 is void.
κ2019 Statutes of Nevada, Page 2560 (CHAPTER 410, SB 258)κ
7. Nothing in this section shall be construed as requiring an insurer to provide reimbursement to a school for services delivered through school services.
8. As used in this section:
(a) Applied behavior analysis means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior.
(b) Autism spectrum disorder has the meaning ascribed to it in NRS 427A.875.
(c) Behavioral therapy means any interactive therapy derived from evidence-based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst [,] or registered behavior technician . [or state certified behavior interventionist.]
(d) Evidence-based research means research that applies rigorous, systematic and objective procedures to obtain valid knowledge relevant to autism spectrum disorders.
(e) Habilitative or rehabilitative care means counseling, guidance and professional services and treatment programs, including, without limitation, applied behavior analysis, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of a person.
(f) Licensed assistant behavior analyst means a person who holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.
(g) Licensed behavior analyst means a person who holds current certification as a Board Certified Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization and is licensed as a behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services.
(h) Prescription care means medications prescribed by a licensed physician and any health-related services deemed medically necessary to determine the need or effectiveness of the medications.
(i) Psychiatric care means direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices.
(j) Psychological care means direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices.
(k) Registered behavior technician has the meaning ascribed to it in NRS 437.050.
(l) Screening for autism spectrum disorders means medically necessary assessments, evaluations or tests to screen and diagnose whether a person has an autism spectrum disorder.
κ2019 Statutes of Nevada, Page 2561 (CHAPTER 410, SB 258)κ
(m) [State certified behavior interventionist has the meaning ascribed to it in NRS 437.055.
(n)] Therapeutic care means services provided by licensed or certified speech-language pathologists, occupational therapists and physical therapists.
[(o)] (n) Treatment plan means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developed pursuant to a comprehensive evaluation in coordination with a licensed behavior analyst.
Sec. 51. NRS 689C.1655 is hereby amended to read as follows:
689C.1655 1. A health benefit plan must provide coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the health benefit plan under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.
2. Coverage provided under this section is subject to:
(a) A maximum benefit of the actuarial equivalent of $72,000 per year for applied behavior analysis treatment; and
(b) Copayment, deductible and coinsurance provisions and any other general exclusion or limitation of a health benefit plan to the same extent as other medical services or prescription drugs covered by the plan.
3. A health benefit plan that offers or issues a policy of group health insurance which provides coverage for outpatient care shall not:
(a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period for coverage for outpatient care related to autism spectrum disorders than is required for other outpatient care covered by the plan; or
(b) Refuse to issue a health benefit plan or cancel a health benefit plan solely because the person applying for or covered by the plan uses or may use in the future any of the services listed in subsection 1.
4. Except as otherwise provided in subsections 1 and 2, a carrier shall not limit the number of visits an insured may make to any person, entity or group for treatment of autism spectrum disorders.
5. Treatment of autism spectrum disorders must be identified in a treatment plan and may include medically necessary habilitative or rehabilitative care, prescription care, psychiatric care, psychological care, behavioral therapy or therapeutic care that is:
(a) Prescribed for a person diagnosed with an autism spectrum disorder by a licensed physician or licensed psychologist; and
(b) Provided for a person diagnosed with an autism spectrum disorder by a licensed physician, licensed psychologist, licensed behavior analyst or other provider that is supervised by the licensed physician, psychologist or behavior analyst.
Κ A carrier may request a copy of and review a treatment plan created pursuant to this subsection.
6. A health benefit plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2011, has the legal effect of including the coverage required by subsection 1, and any provision of the plan or the renewal which is in conflict with subsection 1 or 2 is void.
κ2019 Statutes of Nevada, Page 2562 (CHAPTER 410, SB 258)κ
7. Nothing in this section shall be construed as requiring a carrier to provide reimbursement to a school for services delivered through school services.
8. As used in this section:
(a) Applied behavior analysis means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior.
(b) Autism spectrum disorder has the meaning ascribed to it in NRS 427A.875.
(c) Behavioral therapy means any interactive therapy derived from evidence-based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst [,] or registered behavior technician . [or state certified behavior interventionist.]
(d) Evidence-based research means research that applies rigorous, systematic and objective procedures to obtain valid knowledge relevant to autism spectrum disorders.
(e) Habilitative or rehabilitative care means counseling, guidance and professional services and treatment programs, including, without limitation, applied behavior analysis, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of a person.
(f) Licensed assistant behavior analyst means a person who holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.
(g) Licensed behavior analyst means a person who holds current certification as a Board Certified Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization and is licensed as a behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services.
(h) Prescription care means medications prescribed by a licensed physician and any health-related services deemed medically necessary to determine the need or effectiveness of the medications.
(i) Psychiatric care means direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices.
(j) Psychological care means direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices.
(k) Registered behavior technician has the meaning ascribed to it in NRS 437.050.
(l) Screening for autism spectrum disorders means medically necessary assessments, evaluations or tests to screen and diagnose whether a person has an autism spectrum disorder.
κ2019 Statutes of Nevada, Page 2563 (CHAPTER 410, SB 258)κ
(m) [State certified behavior interventionist has the meaning ascribed to it in NRS 437.055.
(n)] Therapeutic care means services provided by licensed or certified speech-language pathologists, occupational therapists and physical therapists.
[(o)] (n) Treatment plan means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developed pursuant to a comprehensive evaluation in coordination with a licensed behavior analyst.
Sec. 52. NRS 695C.1717 is hereby amended to read as follows:
695C.1717 1. A health care plan issued by a health maintenance organization must provide coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the health care plan under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.
2. Coverage provided under this section is subject to:
(a) A maximum benefit of the actuarial equivalent of $72,000 per year for applied behavior analysis treatment; and
(b) Copayment, deductible and coinsurance provisions and any other general exclusion or limitation of a health care plan to the same extent as other medical services or prescription drugs covered by the plan.
3. A health care plan issued by a health maintenance organization that provides coverage for outpatient care shall not:
(a) Require an enrollee to pay a higher deductible, copayment or coinsurance or require a longer waiting period for coverage for outpatient care related to autism spectrum disorders than is required for other outpatient care covered by the plan; or
(b) Refuse to issue a health care plan or cancel a health care plan solely because the person applying for or covered by the plan uses or may use in the future any of the services listed in subsection 1.
4. Except as otherwise provided in subsections 1 and 2, a health maintenance organization shall not limit the number of visits an enrollee may make to any person, entity or group for treatment of autism spectrum disorders.
5. Treatment of autism spectrum disorders must be identified in a treatment plan and may include medically necessary habilitative or rehabilitative care, prescription care, psychiatric care, psychological care, behavioral therapy or therapeutic care that is:
(a) Prescribed for a person diagnosed with an autism spectrum disorder by a licensed physician or licensed psychologist; and
(b) Provided for a person diagnosed with an autism spectrum disorder by a licensed physician, licensed psychologist, licensed behavior analyst or other provider that is supervised by the licensed physician, psychologist or behavior analyst.
Κ A health maintenance organization may request a copy of and review a treatment plan created pursuant to this subsection.
6. Evidence of coverage subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2011, has the legal effect of including the coverage required by subsection 1, and any provision of the evidence of coverage or the renewal which is in conflict with subsection 1 or 2 is void.
κ2019 Statutes of Nevada, Page 2564 (CHAPTER 410, SB 258)κ
7. Nothing in this section shall be construed as requiring a health maintenance organization to provide reimbursement to a school for services delivered through school services.
8. As used in this section:
(a) Applied behavior analysis means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior.
(b) Autism spectrum disorder has the meaning ascribed to it in NRS 427A.875.
(c) Behavioral therapy means any interactive therapy derived from evidence-based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst [,] or registered behavior technician . [or state certified behavior interventionist.]
(d) Evidence-based research means research that applies rigorous, systematic and objective procedures to obtain valid knowledge relevant to autism spectrum disorders.
(e) Habilitative or rehabilitative care means counseling, guidance and professional services and treatment programs, including, without limitation, applied behavior analysis, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of a person.
(f) Licensed assistant behavior analyst means a person who holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.
(g) Licensed behavior analyst means a person who holds current certification as a Board Certified Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization and is licensed as a behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services.
(h) Prescription care means medications prescribed by a licensed physician and any health-related services deemed medically necessary to determine the need or effectiveness of the medications.
(i) Psychiatric care means direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices.
(j) Psychological care means direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices.
(k) Registered behavior technician has the meaning ascribed to it in NRS 437.050.
(l) Screening for autism spectrum disorders means medically necessary assessments, evaluations or tests to screen and diagnose whether a person has an autism spectrum disorder.
κ2019 Statutes of Nevada, Page 2565 (CHAPTER 410, SB 258)κ
(m) [State certified behavior interventionist has the meaning ascribed to it in NRS 437.055.
(n)] Therapeutic care means services provided by licensed or certified speech-language pathologists, occupational therapists and physical therapists.
[(o)] (n) Treatment plan means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developed pursuant to a comprehensive evaluation in coordination with a licensed behavior analyst.
Sec. 53. NRS 695G.1645 is hereby amended to read as follows:
695G.1645 1. A health care plan issued by a managed care organization for group coverage must provide coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the health care plan under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.
2. A health care plan issued by a managed care organization for individual coverage must provide an option for coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the health care plan under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.
3. Coverage provided under this section is subject to:
(a) A maximum benefit of the actuarial equivalent of $72,000 per year for applied behavior analysis treatment; and
(b) Copayment, deductible and coinsurance provisions and any other general exclusion or limitation of a health care plan to the same extent as other medical services or prescription drugs covered by the plan.
4. A managed care organization that offers or issues a health care plan which provides coverage for outpatient care shall not:
(a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period for coverage for outpatient care related to autism spectrum disorders than is required for other outpatient care covered by the plan; or
(b) Refuse to issue a health care plan or cancel a health care plan solely because the person applying for or covered by the plan uses or may use in the future any of the services listed in subsection 1.
5. Except as otherwise provided in subsections 1, 2 and 3, a managed care organization shall not limit the number of visits an insured may make to any person, entity or group for treatment of autism spectrum disorders.
6. Treatment of autism spectrum disorders must be identified in a treatment plan and may include medically necessary habilitative or rehabilitative care, prescription care, psychiatric care, psychological care, behavioral therapy or therapeutic care that is:
(a) Prescribed for a person diagnosed with an autism spectrum disorder by a licensed physician or licensed psychologist; and
(b) Provided for a person diagnosed with an autism spectrum disorder by a licensed physician, licensed psychologist, licensed behavior analyst or other provider that is supervised by the licensed physician, psychologist or behavior analyst.
Κ A managed care organization may request a copy of and review a treatment plan created pursuant to this subsection.
κ2019 Statutes of Nevada, Page 2566 (CHAPTER 410, SB 258)κ
7. An evidence of coverage subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2011, has the legal effect of including the coverage required by subsection 1, and any provision of the evidence of coverage or the renewal which is in conflict with subsection 1 or 3 is void.
8. Nothing in this section shall be construed as requiring a managed care organization to provide reimbursement to a school for services delivered through school services.
9. As used in this section:
(a) Applied behavior analysis means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior.
(b) Autism spectrum disorder has the meaning ascribed to it in NRS 427A.875.
(c) Behavioral therapy means any interactive therapy derived from evidence-based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst [,] or registered behavior technician . [or state certified behavior interventionist.]
(d) Evidence-based research means research that applies rigorous, systematic and objective procedures to obtain valid knowledge relevant to autism spectrum disorders.
(e) Habilitative or rehabilitative care means counseling, guidance and professional services and treatment programs, including, without limitation, applied behavior analysis, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of a person.
(f) Licensed assistant behavior analyst means a person who holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.
(g) Licensed behavior analyst means a person who holds current certification as a Board Certified Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization and is licensed as a behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services.
(h) Prescription care means medications prescribed by a licensed physician and any health-related services deemed medically necessary to determine the need or effectiveness of the medications.
(i) Psychiatric care means direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices.
(j) Psychological care means direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices.
κ2019 Statutes of Nevada, Page 2567 (CHAPTER 410, SB 258)κ
(k) Registered behavior technician has the meaning ascribed to it in NRS 437.050.
(l) Screening for autism spectrum disorders means medically necessary assessments, evaluations or tests to screen and diagnose whether a person has an autism spectrum disorder.
(m) [State certified behavior interventionist has the meaning ascribed to it in NRS 437.055.
(n)] Therapeutic care means services provided by licensed or certified speech-language pathologists, occupational therapists and physical therapists.
[(o)] (n) Treatment plan means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developed pursuant to a comprehensive evaluation in coordination with a licensed behavior analyst.
Sec. 54. Notwithstanding the amendatory provisions of this act:
1. A state certified behavior interventionist who is certified by the Aging and Disability Services Division of the Department of Health and Human Services before July 1, 2019, shall be deemed to be registered as a registered behavior technician by the Board of Applied Behavior Analysis until January 1, 2020.
2. Any disciplinary or other administrative action taken against a behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician by the Aging and Disability Services Division of the Department of Health and Human Services before July 1, 2019, remains in effect as if the action had been taken by the Board of Applied Behavior Analysis.
3. A license as a behavior analyst or assistant behavior analyst or registration as a registered behavior technician that is valid on July 1, 2019, and that was issued by the Aging and Disability Services Division of the Department of Health and Human Services:
(a) Shall be deemed to be issued by the Board of Applied Behavior Analysis; and
(b) Remains valid until its date of expiration, if the holder of the license otherwise remains qualified for the issuance or renewal of the license on or after July 1, 2019.
Sec. 55. Notwithstanding the amendatory provisions of section 16 of this act transferring authority to adopt regulations prescribing fees for the issuance or renewal of a license as a behavior analyst or assistant behavior analyst from the Aging and Disability Services Division of the Department of Health and Human Services to the Board of Applied Behavior Analysis, any regulations adopted by the Board of Psychological Examiners pursuant to NRS 641.100 and 641.228, before July 1, 2019, that prescribe fees for the issuance or renewal of the license of a behavior analyst or assistant behavior analyst remain in effect and may be enforced by the Aging and Disability Services Division of the Department of Health and Human Services until the Board of Applied Behavior Analysis adopts regulations to repeal or replace those regulations.
Sec. 56. NRS 437.055 is hereby repealed.
Sec. 57. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 2568κ
Senate Bill No. 279Senator Kieckhefer
Joint Sponsor: Assemblywoman Krasner
CHAPTER 411
[Approved: June 5, 2019]
AN ACT relating to general improvement districts; requiring the board of trustees of a general improvement district to follow certain procedures before selling real property owned by the district; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the board of trustees of a general improvement district to dispose of real property owned by the district. (NRS 318.160) This bill sets forth various requirements to be met in order for the board to sell such real property.
Section 2 of this bill: (1) requires, with limited exception, the board of trustees to obtain two independent appraisals of real property; and (2) prohibits, with limited exception, the board from selling the real property for less than the average of the appraisals. Section 3 of this bill requires the board to adopt procedures for creating and maintaining a list of qualified appraisers.
Section 4 of this bill requires a board of trustees, before ordering the sale of real property, to adopt a resolution at a public meeting: (1) declaring the intent of the board to sell the real property; (2) finding that the sale is in the best interest of the district; and (3) fixing a time for an additional public meeting of the board at which sealed bills for the real property will be considered. Section 4 also sets forth certain public notice requirements for: (1) the first meeting where the board may adopt such a resolution; and (2) the second meeting at which the property may be sold. Section 5 of this bill sets forth the procedures for selling the real property at the second meeting. Section 6 of this bill authorizes the board to not comply with such procedures if, under certain circumstances, the board sells the property to an adjacent property owner, the State or another governmental entity.
Section 7 of this bill authorizes the board of trustees to: (1) offer the property for sale a second time if the real property is not sold at the initial offering; and (2) list the property for sale with a real estate broker if the real property is not sold at the second offering.
Section 8 of this bill provides that any sale of real property by a board of trustees is void if the sale violates any of the requirements or procedures previously described.
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 318 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. Except as otherwise provided in NRS 318.1177, 318.118 and 318.215:
1. Before ordering any real property of the district for sale, the board of trustees must:
(a) Except as otherwise provided in this paragraph, obtain two independent appraisals of the real property. If the board of trustees holds a public hearing on the matter of the fair market value of the real property, one independent appraisal of the real property is sufficient before selling the real property.
κ2019 Statutes of Nevada, Page 2569 (CHAPTER 411, SB 279)κ
the real property. The appraisal or appraisals, as applicable, must have been prepared not more than 6 months before the date on which the real property is offered for sale.
(b) Select the one independent appraiser or two independent appraisers, as applicable, from the list of appraisers established pursuant to section 3 of this act.
(c) Verify the qualifications of each appraiser selected pursuant to paragraph (b). The determination of the board of trustees as to the qualifications of the appraiser is conclusive.
2. The board of trustees shall not sell the property for less than:
(a) If two independent appraisals were obtained pursuant to subsection 1, the average of the appraisals of the real property.
(b) If one appraisal is obtained pursuant to subsection 1, the appraised value of the real property.
Sec. 3. 1. The board of trustees shall adopt by resolution the procedures for creating and maintaining a list of appraisers qualified to conduct appraisals of real property offered for sale by the board. The list must:
(a) Contain the names of all persons qualified to act as a general appraiser in the same county as the real property that may be appraised; and
(b) Be organized at random and rotated from time to time.
2. An appraiser chosen pursuant to subsection 1 must provide a disclosure statement which includes, without limitation, all sources of income that may constitute a conflict of interest and any relationship with the real property owner or the owner of an adjoining real property.
3. An appraiser shall not perform an appraisal on any real property for sale by the board of trustees if:
(a) The appraiser has an interest in the real property or an adjoining property;
(b) The real property is located in a county whose population is 45,000 or more and any person who is related to the appraiser has an interest in the real property or an adjoining property and the relationship between the appraiser and the person is within the third degree of consanguinity or affinity; or
(c) The real property is located in a county whose population is less than 45,000 and any person who is related to the appraiser has an interest in the real property or an adjoining property and the relationship between the appraiser and the person is within the second degree of consanguinity or affinity.
Sec. 4. 1. Except as otherwise provided in NRS 318.1177, 318.118 and 318.215 and section 6 of this act, before ordering the sale of any real property owned by the general improvement district, the board of trustees shall, in open meeting by a majority vote of the members, adopt a resolution declaring the intention of the board to sell the property at auction and finding that the sale is in the best interest of the district. The resolution must:
(a) Describe the property proposed to be sold in such a manner as to identify the property.
(b) Specify the minimum price and the terms upon which the property will be sold.
κ2019 Statutes of Nevada, Page 2570 (CHAPTER 411, SB 279)κ
(c) Fix a time, not less than 3 weeks thereafter, for a public meeting of the board of trustees to be held at its regular place of meeting, at which sealed bids will be received and considered.
2. Notice of the adoption of the resolution and of the time and place of holding the meeting must be given by:
(a) Posting copies of the resolution in three public places in the district not less than 15 days before the date of the meeting; and
(b) Causing to be published at least once a week for 3 successive weeks before the meeting, in a newspaper qualified under chapter 238 of NRS that is published in the county in which the real property is located, a notice setting forth:
(1) A description of the real property proposed to be sold at auction in such a manner as to identify the property;
(2) The minimum price of the real property proposed to be sold at auction; and
(3) The places at which the resolution described in subsection 1 has been posted pursuant to paragraph (a), and any other places at which copies of that resolution may be obtained.
Κ If no qualified newspaper is published within the county in which the real property is located, the required notice must be published in some qualified newspaper printed in the State of Nevada and having a general circulation within the county.
Sec. 5. 1. At the time and place fixed in the resolution for the meeting of the board of trustees adopted pursuant to section 4 of this act, all sealed bids which have been received must, in public session, be opened, examined and declared by the board. Of the bids submitted which conform to all terms and conditions specified in the resolution of intention to sell and which are made by responsible bidders, the bid which is the highest must be finally accepted, unless a higher oral bid is accepted or the board rejects all bids.
2. Before accepting any written bid, the board shall call for oral bids. If, upon the call for oral bidding, any responsible person offers to buy the property upon the terms and conditions specified in the resolution, for a price exceeding by at least 5 percent the highest written bid, then the highest oral bid which is made by a responsible person must be finally accepted.
3. The final acceptance of a bid by the board may be made either at the same session or at any adjourned session of the same meeting held within the 10 days next following.
4. The board may, either at the same session or at any adjourned session of the same meeting held within the 10 days next following, if it deems the action to be for the best public interest, reject any and all bids, either written or oral, and withdraw the property from sale.
5. Any resolution of acceptance of any bid made by the board must authorize and direct the chair to execute a deed and to deliver it upon performance and compliance by the purchaser with all the terms or conditions of the purchasers contract which are to be performed concurrently therewith.
6. All money received from sales of real property must be deposited forthwith with the treasurer of the board to be credited to the district fund.
7. The board may require any person requesting that real property be sold pursuant to the provisions of this section to deposit a sufficient amount of money to pay the costs to be incurred by the board in acting upon the application, including the costs of publication and the expenses of appraisal.
κ2019 Statutes of Nevada, Page 2571 (CHAPTER 411, SB 279)κ
amount of money to pay the costs to be incurred by the board in acting upon the application, including the costs of publication and the expenses of appraisal. This deposit must be refunded if the person making the deposit is not the successful bidder. The costs of acting upon the application, including the costs of publication and the expenses of appraisal, must be borne by the successful bidder.
Sec. 6. A board of trustees may sell any real property owned by the district without complying with the provisions of sections 4 and 5 of this act to:
1. A person who owns real property located adjacent to the real property to be sold if the board has determined by resolution that the sale will be in the best interest of the district and the real property is a:
(a) Parcel that, as a result of its size, is too small to establish an economically viable use by anyone other than the person who owns real property adjacent to the real property for sale; or
(b) Parcel which is subject to a deed restriction prohibiting the use of the real property by anyone other than the person who owns real property adjacent to the real property for sale.
2. The State or another governmental entity if:
(a) The sale restricts the use of the real property to a public use; and
(b) The board adopts a resolution finding that the sale will be in the best interest of the district.
Sec. 7. 1. If real property that is offered for sale pursuant to sections 4 and 5 of this act is not sold at the initial offering of the contract for the sale of the real property, the board of trustees may offer the real property for sale a second time pursuant to sections 4 and 5 of this act. The board of trustees must obtain a new appraisal or appraisals, as applicable, of the real property before offering the real property for sale a second time if:
(a) There is a material change relating to the title, zoning or an ordinance governing the use of the real property; or
(b) The appraisal or appraisals, as applicable, were prepared more than 6 months before the date on which the real property is offered for sale the second time.
2. If real property that is offered for sale pursuant to this section is not sold at the second offering of the contract for the sale of the real property, the board of trustees may list the real property for sale at the appraised value with a licensed real estate broker, provided that the broker or a person related to the broker within the first degree of consanguinity or affinity does not have an interest in the real property or an adjoining property. If the appraisal or appraisals, as applicable, were prepared more than 6 months before the date on which the real property is listed with a licensed real estate broker, the board must obtain one new appraisal of the real property before listing the real property for sale at the new appraised value.
Sec. 8. Any sale of real property of a district that does not comply with the provisions of sections 2 to 7, inclusive, of this act is void.
Sec. 9. NRS 318.160 is hereby amended to read as follows:
318.160 [The] Except as otherwise provided in sections 2 to 8, inclusive, of this act, the board shall have the power to acquire, dispose of and encumber real and personal property, and any interest therein, including leases, easements, and revenues derived from the operation thereof. The constitutional and inherent powers of the legislature are hereby delegated to the board for the acquisition, disposal and encumbrance of property; but the board shall in no case receive title to property already devoted to public purpose or use, except with the consent of the owners of such property, and except upon approval of a majority of the board.
κ2019 Statutes of Nevada, Page 2572 (CHAPTER 411, SB 279)κ
constitutional and inherent powers of the legislature are hereby delegated to the board for the acquisition, disposal and encumbrance of property; but the board shall in no case receive title to property already devoted to public purpose or use, except with the consent of the owners of such property, and except upon approval of a majority of the board.
Sec. 10. NRS 318.220 is hereby amended to read as follows:
318.220 1. [Any] Except as otherwise provided in sections 2 to 8, inclusive, of this act, any municipality, county, special district or owner may sell, lease, grant, convey, transfer or pay over to any district, with or without consideration, any project or any part thereof or any interest in real or personal property or any money available for construction or improvement purposes, including the proceeds of bonds issued before, on or after March 30, 1959, for construction or improvement purposes which may be used by the district in the construction, improvement, maintenance or operation of any project.
2. Any municipality, county or special district is also authorized to transfer, assign and set over to any district any contracts which may have been awarded by the municipality, county or special district for the construction of projects not begun or, if begun, not completed.
3. The territory being served by any project or the territory within which the project is authorized to render service at the time of the acquisition of the project by a district must include the area served by the project and the area in which the project is authorized to serve at the time of acquisition and any other area into which the service may be extended within the district. If an election is required either by general law or charter provision to authorize the transfer, such election must be called and conducted as provided by law.
Sec. 11. NRS 318A.390 is hereby amended to read as follows:
318A.390 1. [Any] Except as otherwise provided in sections 2 to 8, inclusive, of this act, any county, city, special district or owner may sell, lease, grant, convey, transfer or pay over to any district, with or without consideration, any facility, improvement or project, or any part thereof, or any interest in real or personal property or any money available for the construction, improvement, maintenance or operation of any facility, improvement or project.
2. Any county, city or special district may transfer, assign and set over to any district any contracts which may have been awarded by the county, city or special district for the construction of facilities, improvements or projects not begun or completed.
Sec. 12. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 2573κ
Senate Bill No. 302Senator Seevers Gansert
CHAPTER 412
[Approved: June 5, 2019]
AN ACT relating to privacy; requiring a governmental agency to comply, to the extent practicable, with certain standards with respect to the collection, dissemination and maintenance of records containing personal information of a resident of this State; prohibiting the Legislative Auditor from including certain information in the report of an audit; requiring the Legislative Auditor to report certain information concerning the security of the information system of an agency of the State under certain circumstances; authorizing a governmental agency to require a person to submit a record containing personal information by electronic means; requiring certain state agencies to remove data from certain electronic waste; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires a data collector, including a governmental agency, that maintains records which contain personal information of a resident of this State to implement and maintain reasonable security measures to protect such records. (NRS 603A.210) Section 1 of this bill requires a data collector that is a governmental agency to comply, to the extent practicable, with certain standards published by the Center for Internet Security, Inc. or the National Institute of Standards and Technology of the United States Department of Commerce with respect to the collection, dissemination and maintenance of records containing personal information. Section 1 requires the Office of Information Security of the Division of Enterprise Information Technology Services of the Department of Administration to create, maintain and make available to the public a list of controls and standards that the State is required to comply with pursuant to federal law that also satisfy the standards and controls set forth in section 1.
Existing law requires the Legislative Auditor to conduct a postaudit of all accounts, funds and other records of all agencies of the State to determine certain information, including the compliance of the agency with applicable laws and regulations. (NRS 218G.200) Section 2 of this bill specifies that such applicable laws and regulations include, without limitation, the standards regarding records containing personal information set forth in section 1. Section 1.5 of this bill prohibits the Legislative Auditor from including in the report of an audit any information the Legislative Auditor determines could potentially expose this State to a breach of the security of an information system of an agency of this State. Section 1.5 further requires the Legislative Auditor to report to the Governor, the Chair of the Legislative Commission, the Chair of the Audit Subcommittee of the Legislative Commission and the head of an affected agency any vulnerability in the information system of an agency of this State that the Legislative Auditor discovers during the course of an audit and determines poses a serious threat to the security of the information system.
Existing law authorizes each governmental agency of this State to determine whether, and the extent to which, it will accept electronic records. (NRS 719.350) Existing law prohibits a governmental agency from requiring a person to include personal information on any document submitted to the governmental agency on or after January 1, 2007, unless required pursuant to a specific state or federal law, for the administration of a public program or for an application for a federal or state grant. (NRS 239B.030) Section 3 of this bill authorizes a governmental agency to require a person to submit a document that is required to contain personal information by electronic means.
κ2019 Statutes of Nevada, Page 2574 (CHAPTER 412, SB 302)κ
require a person to submit a document that is required to contain personal information by electronic means. Section 3 further authorizes a governmental agency to establish procedures by which a person may apply for and receive a waiver from such a requirement.
Section 1.1 of this bill requires each court of justice in this State to permanently remove all data from electronic waste before disposing of such waste. Sections 1.3, 2.7, 5 and 6 of this bill similarly require the Legislative Counsel Bureau, certain state agencies, each school district and the Nevada System of Higher Education, respectively, to remove all data from electronic waste before disposing of such waste.
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 603A.210 is hereby amended to read as follows:
603A.210 1. A data collector that maintains records which contain personal information of a resident of this State shall implement and maintain reasonable security measures to protect those records from unauthorized access, acquisition, destruction, use, modification or disclosure.
2. If a data collector is a governmental agency and maintains records which contain personal information of a resident of this State, the data collector shall, to the extent practicable, with respect to the collection, dissemination and maintenance of those records, comply with the current version of the CIS Controls as published by the Center for Internet Security, Inc. or its successor organization, or corresponding standards adopted by the National Institute of Standards and Technology of the United States Department of Commerce.
3. A contract for the disclosure of the personal information of a resident of this State which is maintained by a data collector must include a provision requiring the person to whom the information is disclosed to implement and maintain reasonable security measures to protect those records from unauthorized access, acquisition, destruction, use, modification or disclosure.
[3.] 4. If a state or federal law requires a data collector to provide greater protection to records that contain personal information of a resident of this State which are maintained by the data collector and the data collector is in compliance with the provisions of that state or federal law, the data collector shall be deemed to be in compliance with the provisions of this section.
5. The Office of Information Security of the Division of Enterprise Information Technology Services of the Department of Administration shall create, maintain and make available to the public a list of controls and standards with which the State is required to comply pursuant to any federal law, regulation or framework that also satisfy the controls and standards set forth in subsection 2.
Sec. 1.1. Chapter 1 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Before disposing of electronic waste, each court of justice in this State shall permanently remove any data stored on the electronic waste.
2. As used in this section, electronic waste means electronic equipment that has been discarded, is no longer wanted by the owner or for any other reason enters the waste collection, recovery, treatment, processing or recycling system.
κ2019 Statutes of Nevada, Page 2575 (CHAPTER 412, SB 302)κ
Sec. 1.3. Chapter 218F of NRS is hereby amended by adding thereto a new section to read as follows:
1. Before disposing of electronic waste, the Legislative Counsel Bureau shall permanently remove any data stored on the electronic waste.
2. As used in this section, electronic waste means electronic equipment that has been discarded, is no longer wanted by the owner or for any other reason enters the waste collection, recovery, treatment, processing or recycling system.
Sec. 1.5. Chapter 218G of NRS is hereby amended by adding thereto a new section to read as follows:
1. A report of an audit conducted by the Legislative Auditor must not contain any information that the Legislative Auditor determines could potentially expose this State to a breach of the security of an information system of an agency of this State.
2. If the Legislative Auditor discovers, in the course of an audit, a vulnerability in an information system of an agency of the State that the Legislative Auditor determines poses a serious threat to the security of the information system, the Legislative Auditor shall report the vulnerability immediately to the Governor, the Chair of the Legislative Commission, the Chair of the Audit Subcommittee and the head of the agency affected.
3. As used in this section, information system has the meaning ascribed to it in NRS 242.057.
Sec. 2. NRS 218G.200 is hereby amended to read as follows:
218G.200 1. The Legislative Auditor shall perform a postaudit of all accounts, funds and other records of all agencies of the State to determine one or any combination of the following:
(a) Whether the financial statements of the audited agency comply with generally accepted principles of accounting.
(b) The honesty and integrity of fiscal affairs, the accuracy and reliability of information and reports, and the effectiveness of the system of management controls of the audited agency.
(c) Compliance with all applicable laws and regulations [.] , including, without limitation, compliance with the standards regarding records containing personal information set forth in NRS 603A.210.
(d) Whether the operations of the agency of the State have been conducted in accordance with its contractual obligations.
(e) Whether control by management and the system of information provide an adequate and efficient system of records and accounting.
2. Every officer and employee of an agency of the State shall aid and assist the Legislative Auditor at such times as the Legislative Auditor requires in the inspection, examination and audit of any books, accounts and records in their possession.
Sec. 2.5. (Deleted by amendment.)
Sec. 2.7. Chapter 232 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Before disposing of electronic waste, each state agency shall permanently remove any data stored on the electronic waste.
2. As used in this section, electronic waste means electronic equipment that has been discarded, is no longer wanted by the owner or for any other reason enters the waste collection, recovery, treatment, processing or recycling system.
κ2019 Statutes of Nevada, Page 2576 (CHAPTER 412, SB 302)κ
Sec. 3. NRS 239B.030 is hereby amended to read as follows:
239B.030 1. Except as otherwise provided in subsections 2 , 3 and [6,] 8, a person shall not include and a governmental agency shall not require a person to include any personal information about a person on any document that is recorded, filed or otherwise submitted to the governmental agency on or after January 1, 2007.
2. If personal information about a person is required to be included in a document that is recorded, filed or otherwise submitted to a governmental agency on or after January 1, 2007, pursuant to a specific state or federal law, for the administration of a public program or for an application for a federal or state grant, a governmental agency shall ensure that the personal information is maintained in a confidential manner and may only disclose the personal information as required:
(a) To carry out a specific state or federal law; or
(b) For the administration of a public program or an application for a federal or state grant.
Κ Any action taken by a governmental agency pursuant to this subsection must not be construed as affecting the legality of the document.
3. If personal information about a person is required to be included in a document that is recorded, filed or otherwise submitted to a governmental agency on or after January 1, 2021, pursuant to a specific state or federal law, for the administration of a public program or for an application for a federal or state grant, a governmental agency may require a person to record, file or otherwise submit such a document by electronic means.
4. A governmental agency may establish procedures by which a person may apply for and receive a waiver from a requirement imposed pursuant to subsection 3. Such procedures must:
(a) Authorize the governmental agency to waive a requirement imposed pursuant to subsection 3 for good cause shown;
(b) Require such a waiver to be effective for not less than 24 months; and
(c) Allow a person who has been granted a waiver to reapply for and obtain additional waivers.
5. A governmental agency shall take necessary measures to ensure that notice of the provisions of this section is provided to persons with whom it conducts business. Such notice may include, without limitation, posting notice in a conspicuous place in each of its offices.
[4.] 6. A governmental agency may require a person who records, files or otherwise submits any document to the governmental agency to provide an affirmation that the document does not contain personal information about any person or, if the document contains any such personal information, identification of the specific law, public program or grant that requires the inclusion of the personal information. A governmental agency may refuse to record, file or otherwise accept a document which does not contain such an affirmation when required or any document which contains personal information about a person that is not required to be included in the document pursuant to a specific state or federal law, for the administration of a public program or for an application for a federal or state grant.
[5.] 7. Each governmental agency may ensure that any personal information contained in a document that has been recorded, filed or otherwise submitted to the governmental agency before January 1, 2007, which the governmental agency continues to hold is:
κ2019 Statutes of Nevada, Page 2577 (CHAPTER 412, SB 302)κ
otherwise submitted to the governmental agency before January 1, 2007, which the governmental agency continues to hold is:
(a) Maintained in a confidential manner if the personal information is required to be included in the document pursuant to a specific state or federal law, for the administration of a public program or for an application for a federal or state grant; or
(b) Obliterated or otherwise removed from the document, by any method, including, without limitation, through the use of computer software, if the personal information is not required to be included in the document pursuant to a specific state or federal law, for the administration of a public program or for an application for a federal or state grant.
Κ Any action taken by a governmental agency pursuant to this subsection must not be construed as affecting the legality of the document.
[6.] 8. A person may request that a governmental agency obliterate or otherwise remove from any document submitted by the person to the governmental agency before January 1, 2007, any personal information about the person contained in the document that is not required to be included in the document pursuant to a specific state or federal law, for the administration of a public program or for an application for a federal or state grant or, if the personal information is so required to be included in the document, the person may request that the governmental agency maintain the personal information in a confidential manner. If any documents that have been recorded, filed or otherwise submitted to a governmental agency:
(a) Are maintained in an electronic format that allows the governmental agency to retrieve components of personal information through the use of computer software, a request pursuant to this subsection must identify the components of personal information to be retrieved. The provisions of this paragraph do not require a governmental agency to purchase computer software to perform the service requested pursuant to this subsection.
(b) Are not maintained in an electronic format or not maintained in an electronic format in the manner described in paragraph (a), a request pursuant to this subsection must describe the document with sufficient specificity to enable the governmental agency to identify the document.
Κ The governmental agency shall not charge any fee to perform the service requested pursuant to this subsection.
[7.] 9. As used in this section:
(a) Governmental agency means an officer, board, commission, department, division, bureau, district or any other unit of government of the State or a local government.
(b) Personal information has the meaning ascribed to it in NRS 603A.040.
Sec. 4. (Deleted by amendment.)
Sec. 5. Chapter 386 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Before disposing of electronic waste, each school district shall permanently remove any data stored on the electronic waste.
2. As used in this section, electronic waste means electronic equipment that has been discarded, is no longer wanted by the owner or for any other reason enters the waste collection, recovery, treatment, processing or recycling system.
κ2019 Statutes of Nevada, Page 2578 (CHAPTER 412, SB 302)κ
Sec. 6. Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Before disposing of electronic waste, the System shall permanently remove any data stored on the electronic waste.
2. As used in this section, electronic waste means electronic equipment that has been discarded, is no longer wanted by the owner or for any other reason enters the waste collection, recovery, treatment, processing or recycling system.
Sec. 7. 1. This section and section 1.5 of this act become effective upon passage and approval.
2. Sections 1, 1.1, 1.3, 2, 2.7, 3, 5 and 6 of this act become effective on January 1, 2021.
________
Senate Bill No. 316Senators Settelmeyer and Hansen
CHAPTER 413
[Approved: June 5, 2019]
AN ACT relating to public nuisances; making it a public nuisance for a person to engage in certain activities relating to highways, roads, state lands or other public lands or lands dedicated to public use; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law states that: (1) a public nuisance is a crime against the order and economy of the State; and (2) a person commits a public nuisance if he or she engages in various activities, including without limitation, unlawfully interfering with or obstructing a street, bridge or highway. (NRS 202.450) A person who commits or maintains a public nuisance for which no special punishment is prescribed is guilty of a misdemeanor, and a court may order the person to abate the nuisance and pay a civil penalty of not less than $500 but not more than $5,000. (NRS 202.470, 202.480) Section 3.2 of this bill expands existing law by making it a public nuisance for a person, by force, threat, intimidation or any other unlawful means, to prevent or obstruct the free passage or transit over or through certain highways, roads, state lands or other public lands or lands dedicated to public use or to knowingly misrepresent the status of or assert any right to the exclusive use and occupancy of those highways, roads, state lands or other public lands or lands dedicated to public use, if the person has no leasehold interest in or claim or color of title to the highway, road, state land or other public land or land dedicated to public use. Sections 3.4-3.8 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:
Sections 1-3. (Deleted by amendment.)
Sec. 3.2. NRS 202.450 is hereby amended to read as follows:
202.450 1. A public nuisance is a crime against the order and economy of the State.
κ2019 Statutes of Nevada, Page 2579 (CHAPTER 413, SB 316)κ
2. Every place:
(a) Wherein any gambling, bookmaking or pool selling is conducted without a license as provided by law, or wherein any swindling game or device, or bucket shop, or any agency therefor is conducted, or any article, apparatus or device useful therefor is kept;
(b) Wherein any fighting between animals or birds is conducted;
(c) Wherein any dog races are conducted as a gaming activity;
(d) Wherein any intoxicating liquors are kept for unlawful use, sale or distribution;
(e) Wherein a controlled substance, immediate precursor or controlled substance analog is unlawfully sold, served, stored, kept, manufactured, used or given away;
(f) That is regularly and continuously used by the members of a criminal gang to engage in, or facilitate the commission of, crimes by the criminal gang; or
(g) Where vagrants resort,
Κ is a public nuisance.
3. Every act unlawfully done and every omission to perform a duty, which act or omission:
(a) Annoys, injures or endangers the safety, health, comfort or repose of any considerable number of persons;
(b) Offends public decency;
(c) Unlawfully interferes with, befouls, obstructs or tends to obstruct, or renders dangerous for passage, a lake, navigable river, bay, stream, canal, ditch, millrace or basin, or a public park, square, street, alley, bridge, causeway or highway; or
(d) In any way renders a considerable number of persons insecure in life or the use of property,
Κ is a public nuisance.
4. A building or place which was used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog is a public nuisance if the building or place has not been deemed safe for habitation by the board of health and:
(a) The owner of the building or place allows the building or place to be used for any purpose before all materials or substances involving the controlled substance, immediate precursor or controlled substance analog have been removed from or remediated on the building or place by an entity certified or licensed to do so; or
(b) The owner of the building or place fails to have all materials or substances involving the controlled substance, immediate precursor or controlled substance analog removed from or remediated on the building or place by an entity certified or licensed to do so within 180 days after the building or place is no longer used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog.
5. It is a public nuisance for any person:
(a) By force, threat or intimidation, or by fencing or otherwise enclosing, or by any other unlawful means, to prevent or obstruct the free passage or transit over or through any:
(1) Highway designated as a United States highway;
(2) Highway designated as a state highway pursuant to NRS 408.285;
κ2019 Statutes of Nevada, Page 2580 (CHAPTER 413, SB 316)κ
(3) Main, general or minor county road designated pursuant to NRS 403.170;
(4) Public road, as defined in subsection 2 of NRS 405.191;
(5) State land or other public land; or
(6) Land dedicated to public use; or
(b) To knowingly misrepresent the status of or assert any right to the exclusive use and occupancy of such a highway, road, state land or other public land or land dedicated to public use,
Κ if the person has no leasehold interest, claim or color of title, made or asserted in good faith, in or to the highway, road, state land or other public land or land dedicated to public use.
6. Agricultural activity conducted on farmland consistent with good agricultural practice and established before surrounding nonagricultural activities is not a public nuisance unless it has a substantial adverse effect on the public health or safety. It is presumed that an agricultural activity which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.
[6.] 7. A shooting range is not a public nuisance with respect to any noise attributable to the shooting range if the shooting range is in compliance with the provisions of all applicable statutes, ordinances and regulations concerning noise:
(a) As those provisions existed on October 1, 1997, for a shooting range that begins operation on or before October 1, 1997; or
(b) As those provisions exist on the date that the shooting range begins operation, for a shooting range in operation after October 1, 1997.
Κ A shooting range is not subject to any state or local law related to the control of noise that is adopted or amended after the date set forth in paragraph (a) or (b), as applicable, and does not constitute a nuisance for failure to comply with any such law.
[7.] 8. A request for emergency assistance by a tenant as described in NRS 118A.515 and 118B.152 is not a public nuisance.
[8.] 9. As used in this section:
(a) Board of health has the meaning ascribed to it in NRS 439.4797.
(b) Controlled substance analog has the meaning ascribed to it in NRS 453.043.
(c) Criminal gang has the meaning ascribed to it in NRS 193.168.
(d) Immediate precursor has the meaning ascribed to it in NRS 453.086.
(e) Shooting range has the meaning ascribed to it in NRS 40.140.
(f) State land has the meaning ascribed to it in NRS 383.425.
Sec. 3.4. NRS 244.363 is hereby amended to read as follows:
244.363 Except as otherwise provided in subsection 3 of NRS 40.140 and subsection [6] 7 of NRS 202.450, the boards of county commissioners in their respective counties may, by ordinance regularly enacted, regulate, control and prohibit, as a public nuisance, excessive noise which is injurious to health or which interferes unreasonably with the comfortable enjoyment of life or property within the boundaries of the county.
Sec. 3.6. NRS 266.335 is hereby amended to read as follows:
266.335 The city council may:
1. Except as otherwise provided in subsections 3 and 4 of NRS 40.140 and subsections [6] 7 and [7] 8 of NRS 202.450, determine by ordinance what shall be deemed nuisances.
κ2019 Statutes of Nevada, Page 2581 (CHAPTER 413, SB 316)κ
2. Provide for the abatement, prevention and removal of the nuisances at the expense of the person creating, causing or committing the nuisances.
3. Provide that the expense of removal is a lien upon the property upon which the nuisance is located. The lien must:
(a) Be perfected by recording with the county recorder a statement by the city clerk of the amount of expenses due and unpaid and describing the property subject to the lien.
(b) Be coequal with the latest lien thereon to secure the payment of general taxes.
(c) Not be subject to extinguishment by the sale of any property because of the nonpayment of general taxes.
(d) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
4. Provide any other penalty or punishment of persons responsible for the nuisances.
Sec. 3.8. NRS 268.412 is hereby amended to read as follows:
268.412 Except as otherwise provided in subsection 3 of NRS 40.140 and subsection [6] 7 of NRS 202.450, the city council or other governing body of a city may, by ordinance regularly enacted, regulate, control and prohibit, as a public nuisance, excessive noise which is injurious to health or which interferes unreasonably with the comfortable enjoyment of life or property within the boundaries of the city.
Sec. 4. This act becomes effective on July 1, 2019.
________
Senate Bill No. 347Senators Settelmeyer and Goicoechea
Joint Sponsor: Assemblyman Wheeler
CHAPTER 414
[Approved: June 5, 2019]
AN ACT relating to hemp; revising provisions relating to the growth, handling and production of hemp; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the growing and cultivation of industrial hemp for purposes relating to research and the growing and handling of industrial hemp and the production of agricultural hemp seed by persons registered with the State Department of Agriculture. (Chapter 557 of NRS) On December 20, 2018, the President of the United States signed the Agricultural Improvement Act of 2018 into law. Section 10113 of the Act authorizes the production of hemp under the primary jurisdiction of a state or tribal government if the state or tribal government submits a plan to the United States Secretary of Agriculture that satisfies certain requirements. (Public Law 115-334) Because federal law now refers to plants of the genus Cannabis sativa L. with a THC concentration of not more than 0.3 percent as hemp rather than industrial hemp, sections 3-6, 9, 13, 15 and 17-21 of this bill revise various sections of state law to use the term hemp for this plant and its derivatives.
κ2019 Statutes of Nevada, Page 2582 (CHAPTER 414, SB 347)κ
Section 1 of this bill requires each site used for growing, handling or producing hemp to be certified and registered with the State Department of Agriculture. Section 14 of this bill authorizes the Department to adopt regulations for the certification and registration of such sites. Section 5 of this bill revises the definition of the term handler to remove the word raw when referencing the handling of hemp. Section 6 of this bill revises the definition of the term industrial hemp to be consistent with federal law. Section 8 of this bill exempts a person who purchases hemp or a commodity or product made using hemp for resale or who transports hemp or a commodity or product made using hemp from the requirements of state law relating to growers, handlers and producers of hemp in certain circumstances.
Section 9 of this bill requires an applicant for registration as a grower, handler or producer to include information concerning the land and crop management practices of the applicant in an application for registration. Section 9 requires an applicant for renewal of registration as a grower, handler or producer to submit certain information. Section 9 authorizes the Department to establish by regulation: (1) provisions relating to the transfer of a registration as a grower, handler or producer; and (2) fees for services performed by the Department.
Section 9 also requires a grower, handler or producer who intends to surrender or not renew a registration to notify the Department and submit a plan for the effective disposal or eradication of certain hemp. Section 16 of this bill requires the Department to impose an administrative fine against a person who fails to comply with this requirement.
Section 12 of this bill requires a grower or handler to keep and maintain certain records for a period of not less than 3 years. Section 12 requires a grower to submit to the Department and comply with an approved plan to dispose of a crop that is found to contain a THC concentration that exceeds the maximum THC concentration established by federal law for hemp. Section 12 authorizes the Department to impose an administrative fine for certain land or crop management practices. Section 13 of this bill requires a grower to submit to the Department the legal description of property on which the crop of the grower is located.
Section 14 of this bill authorizes the Department to adopt regulations necessary to comply with any requirement imposed by the United States Department of Agriculture. Section 14 prohibits a grower from obtaining agricultural hemp seed which was produced in this State by a person other than a producer or produced in another state by a person not registered and approved to produce and sell agricultural hemp seed in that state. Section 14 requires a handler to obtain hemp from a grower and agricultural hemp seed from a producer.
Section 15 of this bill eliminates provisions that require a handler to submit a commodity or product made using hemp which is intended for human consumption for certain testing. Section 15 requires a grower or producer to submit, before harvesting, a sample of each crop to the Department or a laboratory approved by the Department for testing to determine the THC concentration of the crop. If a crop is harvested before such testing is completed, section 15 authorizes the Department to detain, seize or embargo the crop.
Section 17 of this bill eliminates provisions that make growing or handling hemp or producing agricultural hemp seed without a registration a misdemeanor. Section 17 instead requires the Department to impose an administrative fine on such a person and report the person to the appropriate local law enforcement agency for investigation.
Section 22 of this bill repeals provisions that provide for the growth or cultivation of industrial hemp for purposes relating to research. Sections 2, 5 and 7-12 of this bill make conforming changes.
κ2019 Statutes of Nevada, Page 2583 (CHAPTER 414, SB 347)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 557 of NRS is hereby amended by adding thereto a new section to read as follows:
Each site used for growing, handling or producing hemp in this State must be certified by and registered with the Department before growing, handling or producing hemp.
Sec. 2. NRS 557.100 is hereby amended to read as follows:
557.100 As used in [NRS 557.100 to 557.290, inclusive,] this chapter, unless the context otherwise requires, the words and terms defined in NRS 557.110 to 557.180, inclusive, have the meanings ascribed to them in those sections.
Sec. 3. NRS 557.120 is hereby amended to read as follows:
557.120 Crop means all [industrial] hemp grown by a grower.
Sec. 4. NRS 557.140 is hereby amended to read as follows:
557.140 Grower means a person who is registered by the Department and produces [industrial] hemp.
Sec. 5. NRS 557.150 is hereby amended to read as follows:
557.150 Handler means a person who is registered by the Department pursuant to [NRS 557.100 to 557.290, inclusive,] this chapter and [receives industrial] handles hemp for processing into commodities, products or agricultural hemp seed.
Sec. 6. NRS 557.160 is hereby amended to read as follows:
557.160 1. [Industrial hemp] Hemp means [:
(a) Any] any plant of the genus Cannabis sativa L. and any part of such a plant [other than a seed,] , including, without limitation, the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a THC concentration [of not more than 0.3 percent on a dry weight basis; and
(b) A seed of any plant of the genus Cannabis that:
(1) Is part of a crop;
(2) Is retained by a grower for future planting;
(3) Is agricultural hemp seed;
(4) Is intended for processing into or for use as agricultural hemp seed; or
(5) Has been processed in a manner that renders it incapable of germination.] that does not exceed the maximum THC concentration established by federal law for hemp.
2. [Industrial hemp] Hemp does not include any commodity or product made using [industrial] hemp.
Sec. 7. NRS 557.170 is hereby amended to read as follows:
557.170 Producer means a person who is registered by the Department pursuant to [NRS 557.100 to 557.290, inclusive,] this chapter and produces agricultural hemp seed.
Sec. 8. NRS 557.190 is hereby amended to read as follows:
557.190 The provisions of [NRS 557.100 to 557.290, inclusive,] this chapter do not apply to [the Department or an institution of higher education which grows or cultivates industrial hemp pursuant to NRS 557.010 to 557.080, inclusive.] :
κ2019 Statutes of Nevada, Page 2584 (CHAPTER 414, SB 347)κ
1. A person who purchases, for the purpose of resale, hemp or a commodity or product made using hemp which was not grown or processed by the person; or
2. A person who transports hemp or a commodity or product made using hemp which was not grown or processed by the person,
Κ if such a person reasonably believes the hemp or commodity or product made using hemp was grown or processed in compliance with the provisions of this chapter.
Sec. 9. NRS 557.200 is hereby amended to read as follows:
557.200 1. A person shall not grow or handle [industrial] hemp or produce agricultural hemp seed unless the person is registered with the Department as a grower, handler or producer, as applicable.
2. A person who wishes to grow or handle industrial hemp must register with the Department as a grower or handler, as applicable.
3. A person who wishes to produce agricultural hemp seed must register with the Department as a producer unless the person is:
(a) A grower registered pursuant to subsection 2 who retains agricultural hemp seed solely pursuant to subsection 3 of NRS 557.250; or
(b) A grower or handler registered pursuant to subsection 2 who processes seeds of any plant of the genus Cannabis which are incapable of germination into commodities or products.
Κ A person may not register as a producer unless the person is also registered as a grower or handler.
4. A person who wishes to register with the Department as a grower, handler or producer must submit to the Department the fee established pursuant to subsection [7] 8 and an application, on a form prescribed by the Department, which includes:
(a) The name and address of the applicant;
(b) The name and address of the applicants business in which [industrial] hemp or agricultural hemp seed will be grown, handled or produced, if different than that of the applicant; [and]
(c) Information concerning the land and crop management practices of the applicant; and
(d) Such other information as the Department may require by regulation.
5. Registration as a grower, handler or producer expires on December 31 of each year and may be renewed upon submission of an application for renewal containing [such] :
(a) Proof satisfactory to the Department that the applicant complied with the provisions of this chapter and the regulations adopted pursuant thereto relating to testing of hemp;
(b) Proof satisfactory to the Department that the land and crop management practices of the applicant are adequate, consistent with any previous information submitted to the Department and do not negatively affect natural resources; and
(c) Such other information as the Department may require by regulation.
6. A grower, handler or producer who intends to surrender or not renew a registration must notify the Department not less than 30 days before the registration is surrendered or expires and submit to the Department a plan for the effective disposal or eradication of any existing live plants, viable seed or harvested crop.
7. [Registration] The Department shall adopt regulations that authorize the transfer of a registration as a grower, handler or producer [is not transferable.
κ2019 Statutes of Nevada, Page 2585 (CHAPTER 414, SB 347)κ
not transferable. If] and establish conditions for such a transfer. The regulations must include, without limitation, provisions which allow a grower, handler or producer which changes its business name or the ownership of the grower, handler or producer [changes, the grower, handler or producer must obtain a new registration pursuant to NRS 557.100 to 557.290, inclusive.] to transfer its registration to the new entity.
[7.] 8. The Department shall establish by regulation fees for the issuance and renewal of registration as a grower, handler or producer and for any other service performed by the Department in an amount necessary to cover the costs of carrying out [NRS 557.100 to 557.290, inclusive.] this chapter.
Sec. 10. NRS 557.210 is hereby amended to read as follows:
557.210 1. In addition to any other requirements set forth in [NRS 557.100 to 557.290, inclusive,] this chapter, an applicant for registration or the renewal of a registration as a grower, handler or producer shall:
(a) Include the social security number of the applicant in the application submitted to the Department.
(b) Submit to the Department the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The Department shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the registration; or
(b) A separate form prescribed by the Department.
3. Registration as a grower, handler or producer may not be issued or renewed by the Department if the applicant:
(a) Fails to submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Department shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Sec. 11. NRS 557.230 is hereby amended to read as follows:
557.230 1. In addition to any other requirements set forth in [NRS 557.100 to 557.290, inclusive,] this chapter, an applicant for the renewal of a registration as a grower, handler or producer must indicate in the application submitted to the Department whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.
κ2019 Statutes of Nevada, Page 2586 (CHAPTER 414, SB 347)κ
2. Registration as a grower, handler or producer may not be renewed by the Department if:
(a) The applicant fails to submit the information required by subsection 1; or
(b) The State Controller has informed the Department pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:
(1) Satisfied the debt;
(2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or
(3) Demonstrated that the debt is not valid.
3. As used in this section:
(a) Agency has the meaning ascribed to it in NRS 353C.020.
(b) Debt has the meaning ascribed to it in NRS 353C.040.
Sec. 12. NRS 557.240 is hereby amended to read as follows:
557.240 1. A grower or handler shall keep and maintain for a period of not less than 3 years such records as the Department may prescribe by regulation and, upon 3 days notice, make such records available to the Department for inspection during normal business hours. The Department may inspect records pursuant to this subsection to determine whether a person has complied with the provisions of [NRS 557.100 to 557.290, inclusive,] this chapter, the regulations adopted pursuant thereto and any lawful order of the Department.
2. The Department may inspect any growing crop of a grower and take a representative sample for analysis in the field. If the testing of such a sample in the field determines that the crop contains a THC concentration [of more than 0.3 percent on a dry weight basis, the] that exceeds the maximum THC concentration established by federal law for hemp:
(a) The Department may detain, seize or embargo the crop [.] ; and
(b) The grower shall submit a plan for the effective disposal of the crop to the Department for its approval.
3. If a grower fails to submit an approved plan to the Department pursuant to paragraph (b) of subsection 2 or fails to follow the provisions of such a plan, the Department may:
(a) Impose any additional requirement it determines necessary upon the grower;
(b) Suspend or revoke the registration of the grower;
(c) Impose an administrative fine pursuant to NRS 557.280 on the grower;
(d) Report the grower to the appropriate local law enforcement agency for investigation of a violation of the provisions of chapter 453 of NRS.
4. If the Department determines that the land or crop management practices of a grower, handler or producer are inadequate, inconsistent with the information concerning such practices submitted to the Department pursuant to NRS 557.200 or negatively affect natural resources, the Department may impose an administrative fine pursuant to NRS 557.280.
Sec. 13. NRS 557.250 is hereby amended to read as follows:
557.250 1. Each grower shall provide the Department with a legal description of and additional information to identify the property on which the crop of the grower is or will be located. Such [a description] additional information must be in a manner prescribed by the Department and include, without limitation, global positioning system coordinates.
κ2019 Statutes of Nevada, Page 2587 (CHAPTER 414, SB 347)κ
information must be in a manner prescribed by the Department and include, without limitation, global positioning system coordinates.
2. A grower may use any method for the propagation of [industrial] hemp to produce [industrial] hemp, including, without limitation, planting seeds or starts, using clones or cuttings or cultivating [industrial] hemp in a greenhouse.
3. A grower may retain agricultural hemp seed for the purpose of propagating [industrial] hemp in future years.
Sec. 14. NRS 557.260 is hereby amended to read as follows:
557.260 1. The Department may adopt regulations [establishing] necessary to:
(a) Establish quality standards and requirements for the packaging and labeling of agricultural hemp seed [.] ;
(b) Provide for the certification and registration of sites used for growing, producing or handling hemp; and
(c) Comply with any requirement imposed by the United States Department of Agriculture, including, without limitation, any requirement related to reporting information regarding growers, handlers and producers.
2. A producer shall comply with:
(a) Any regulation adopted by the Department pursuant to subsection 1; and
(b) The provisions of NRS 587.015 to 587.123, inclusive, and any regulations adopted pursuant thereto.
3. Any agricultural hemp seed which is obtained by a grower and was produced:
(a) In this State must be produced by a producer; and
(b) In another state must be produced by a person who is registered and approved to produce and sell agricultural hemp seed pursuant to the laws of that state.
4. The Department shall provide adequate information to growers to identify producers from which a grower may purchase agricultural hemp seed.
5. A handler may only obtain hemp from a grower and agricultural hemp seed for cleaning and future propagation from a producer.
Sec. 15. NRS 557.270 is hereby amended to read as follows:
557.270 1. A grower, handler or producer may submit [industrial] hemp or a commodity or product made using [industrial] hemp to an independent testing laboratory for testing pursuant to this section and an independent testing laboratory may perform such testing.
2. [A handler may not sell a commodity or product made using industrial hemp which is intended for human consumption unless the commodity or product has been submitted to an independent testing laboratory for testing and the independent testing laboratory has confirmed that the commodity or product satisfies the standards established by the Department for the content and quality of industrial hemp.
3. The Department shall adopt regulations establishing protocols and procedures for the testing of commodities and products made using industrial hemp, including, without limitation, determining appropriate standards for sampling and for the size of batches for testing.
4.] A grower or producer shall, before harvesting, submit a sample of each crop to the Department or a laboratory approved by the Department to determine whether the crop has a THC concentration that exceeds the maximum THC concentration established by federal law for hemp.
κ2019 Statutes of Nevada, Page 2588 (CHAPTER 414, SB 347)κ
to determine whether the crop has a THC concentration that exceeds the maximum THC concentration established by federal law for hemp. The Department may adopt regulations [requiring the submission of a sample of a crop of industrial hemp by a grower to an independent testing laboratory to determine whether the crop has a THC concentration of not more than 0.3 percent on a dry weight basis. The regulations may] relating to such testing which include, without limitation:
(a) Protocols and procedures for the testing of a crop, including, without limitation, determining appropriate standards for sampling and for the size of batches for testing; and
(b) A requirement that [an independent testing] a laboratory provide the results of the testing directly to the Department in a manner prescribed by the Department.
[5.] 3. A crop which is harvested before the testing required by subsection 2 is completed shall be deemed to have failed the testing and may be detained, seized or embargoed by the Department. The Department shall not renew the registration of a grower or producer who harvests a crop before the testing required by subsection 2 is completed.
4. As used in this section [:
(a) Independent] , independent testing laboratory means a facility certified as an independent testing laboratory pursuant to NRS 453A.368.
[(b) Intended for human consumption means intended for ingestion or inhalation by a human or for topical application to the skin or hair of a human.]
Sec. 16. NRS 557.280 is hereby amended to read as follows:
557.280 1. The Department may refuse to issue or renew, suspend or revoke the registration of a grower, handler or producer for a violation of any provision of [NRS 557.100 to 557.290, inclusive,] this chapter, the regulations adopted pursuant thereto or any lawful order of the Department.
2. [In] The Department shall impose an administrative fine in an amount not to exceed $2,500 on any person who fails to comply with the provisions of subsection 6 of NRS 557.200.
3. Except as otherwise provided in subsection 2 and in addition to any other penalty provided by law, the Department may impose an administrative fine on any person who violates any of the provisions of [NRS 557.100 to 557.290, inclusive,] this chapter, the regulations adopted pursuant thereto or any lawful order of the Department in an amount not to exceed $2,500.
[3.] 4. All fines collected by the Department pursuant to [subsection] subsections 2 and 3 must be deposited with the State Treasurer for credit to the State General Fund.
Sec. 17. NRS 557.290 is hereby amended to read as follows:
557.290 [Any] If a person [who] grows or handles [industrial] hemp or produces agricultural hemp seed without being registered with the Department pursuant to NRS 557.200 , [is guilty of a misdemeanor and shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment. The prosecuting attorney and the Department may recover the costs of the proceeding, including investigative costs and attorneys fees, against a person convicted of a misdemeanor pursuant to this section.] the Department shall:
1. Impose an administrative fine pursuant to NRS 557.280 on the person; and
κ2019 Statutes of Nevada, Page 2589 (CHAPTER 414, SB 347)κ
2. Report the person to the appropriate local law enforcement agency for investigation of a violation of the provisions of chapter 453 of NRS.
Sec. 18. NRS 453.096 is hereby amended to read as follows:
453.096 1. Marijuana means:
(a) All parts of any plant of the genus Cannabis, whether growing or not;
(b) The seeds thereof;
(c) The resin extracted from any part of the plant, including concentrated cannabis; and
(d) Every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin.
2. Marijuana does not include:
(a) [Industrial hemp,] Hemp, as defined in NRS [557.040,] 557.160, which is grown or cultivated pursuant to the provisions of chapter 557 of NRS; or
(b) The mature stems of the plant, fiber produced from the stems, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stems (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.
Sec. 19. NRS 453.339 is hereby amended to read as follows:
453.339 1. Except as otherwise provided in NRS 453.011 to 453.552, inclusive, a person who knowingly or intentionally sells, manufactures, delivers or brings into this State or who is knowingly or intentionally in actual or constructive possession of marijuana or concentrated cannabis shall be punished, if the quantity involved:
(a) Is 50 pounds or more, but less than 1,000 pounds, of marijuana or 1 pound or more, but less than 20 pounds, of concentrated cannabis, for a category C felony as provided in NRS 193.130 and by a fine of not more than $25,000.
(b) Is 1,000 pounds or more, but less than 5,000 pounds, of marijuana or 20 pounds or more, but less than 100 pounds, of concentrated cannabis, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years and by a fine of not more than $50,000.
(c) Is 5,000 pounds or more of marijuana or 100 pounds or more of concentrated cannabis, for a category A felony by imprisonment in the state prison:
(1) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served; or
(2) For a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years has been served,
Κ and by a fine of not more than $200,000.
2. For the purposes of this section:
(a) Marijuana means all parts of any plant of the genus Cannabis, whether growing or not, except for [industrial] hemp, as defined in NRS [557.040,] 557.160, which is grown or cultivated pursuant to the provisions of chapter 557 of NRS. The term does not include concentrated cannabis.
(b) The weight of marijuana or concentrated cannabis is its weight when seized or as soon as practicable thereafter. If marijuana and concentrated cannabis are seized together, each must be weighed separately and treated as separate substances.
κ2019 Statutes of Nevada, Page 2590 (CHAPTER 414, SB 347)κ
Sec. 20. NRS 453A.352 is hereby amended to read as follows:
453A.352 1. The operating documents of a medical marijuana establishment must include procedures:
(a) For the oversight of the medical marijuana establishment; and
(b) To ensure accurate recordkeeping, including, without limitation, the provisions of NRS 453A.354 and 453A.356.
2. Except as otherwise provided in this subsection, a medical marijuana establishment:
(a) That is a medical marijuana dispensary must have a single entrance for patrons, which must be secure, and shall implement strict security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing marijuana.
(b) That is not a medical marijuana dispensary must have a single secure entrance and shall implement strict security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing marijuana.
Κ The provisions of this subsection do not supersede any state or local requirements relating to minimum numbers of points of entry or exit, or any state or local requirements relating to fire safety.
3. A medical marijuana establishment is prohibited from acquiring, possessing, cultivating, manufacturing, delivering, transferring, transporting, supplying or dispensing marijuana for any purpose except to:
(a) Directly or indirectly assist patients who possess valid registry identification cards;
(b) Assist patients who possess valid registry identification cards or letters of approval by way of those patients designated primary caregivers; and
(c) Return for a refund marijuana, edible marijuana products or marijuana-infused products to the medical marijuana establishment from which the marijuana, edible marijuana products or marijuana-infused products were acquired.
Κ For the purposes of this subsection, a person shall be deemed to be a patient who possesses a valid registry identification card or letter of approval if he or she qualifies for nonresident reciprocity pursuant to NRS 453A.364.
4. All cultivation or production of marijuana that a cultivation facility carries out or causes to be carried out must take place in an enclosed, locked facility at the physical address provided to the Department during the registration process for the cultivation facility. Such an enclosed, locked facility must be accessible only by medical marijuana establishment agents who are lawfully associated with the cultivation facility, except that limited access by persons necessary to perform construction or repairs or provide other labor is permissible if such persons are supervised by a medical marijuana establishment agent.
5. A medical marijuana dispensary and a cultivation facility may acquire usable marijuana or marijuana plants from a person who holds a valid registry identification card, including, without limitation, a designated primary caregiver. Except as otherwise provided in this subsection, the patient or caregiver, as applicable, must receive no compensation for the marijuana. A patient who holds a valid registry identification card, and the designated primary caregiver of such a patient, or the designated primary caregiver of a person who holds a letter of approval may sell usable marijuana to a medical marijuana dispensary one time and may sell marijuana plants to a cultivation facility one time.
κ2019 Statutes of Nevada, Page 2591 (CHAPTER 414, SB 347)κ
marijuana to a medical marijuana dispensary one time and may sell marijuana plants to a cultivation facility one time.
6. A medical marijuana establishment shall not allow any person to consume marijuana on the property or premises of the establishment.
7. Medical marijuana establishments are subject to reasonable inspection by the Department at any time, and a person who holds a medical marijuana establishment registration certificate must make himself or herself, or a designee thereof, available and present for any inspection by the Department of the establishment.
8. A dual licensee, as defined in NRS 453D.030:
(a) Shall comply with the regulations adopted by the Department pursuant to paragraph (k) of subsection 1 of NRS 453D.200 with respect to the medical marijuana establishment operated by the dual licensee; and
(b) May, to the extent authorized by such regulations, combine the location or operations of the medical marijuana establishment operated by the dual licensee with the marijuana establishment, as defined in NRS 453D.030, operated by the dual licensee.
9. Each medical marijuana establishment shall install a video monitoring system which must, at a minimum:
(a) Allow for the transmission and storage, by digital or analog means, of a video feed which displays the interior and exterior of the medical marijuana establishment; and
(b) Be capable of being accessed remotely by a law enforcement agency in real-time upon request.
10. A medical marijuana establishment shall not dispense or otherwise sell marijuana, edible marijuana products or marijuana-infused products from a vending machine or allow such a vending machine to be installed at the interior or exterior of the premises of the medical marijuana establishment.
11. If a medical marijuana establishment is operated by a dual licensee, as defined in NRS 453D.030, any provision of this section which is determined by the Department to be unreasonably impracticable pursuant to subsection 9 of NRS 453A.370 does not apply to the medical marijuana establishment.
12. A facility for the production of edible marijuana products or marijuana-infused products and a medical marijuana dispensary may acquire [industrial] hemp, as defined in NRS 557.160, from a grower or handler registered by the State Department of Agriculture pursuant to chapter 557 of NRS . [557.100 to 557.290, inclusive.] A facility for the production of edible marijuana products or marijuana-infused products may use [industrial] hemp to manufacture edible marijuana products and marijuana-infused products. A medical marijuana dispensary may dispense [industrial] hemp and edible marijuana products and marijuana-infused products manufactured using [industrial] hemp.
Sec. 21. NRS 453A.370 is hereby amended to read as follows:
453A.370 The Department shall adopt such regulations as it determines to be necessary or advisable to carry out the provisions of NRS 453A.320 to 453A.370, inclusive. Such regulations are in addition to any requirements set forth in statute and must, without limitation:
1. Prescribe the form and any additional required content of registration and renewal applications submitted pursuant to NRS 453A.322 and 453A.332.
2. Set forth rules pertaining to the safe and healthful operation of medical marijuana establishments, including, without limitation:
κ2019 Statutes of Nevada, Page 2592 (CHAPTER 414, SB 347)κ
(a) The manner of protecting against diversion and theft without imposing an undue burden on medical marijuana establishments or compromising the confidentiality of the holders of registry identification cards and letters of approval.
(b) Minimum requirements for the oversight of medical marijuana establishments.
(c) Minimum requirements for the keeping of records by medical marijuana establishments.
(d) Provisions for the security of medical marijuana establishments, including, without limitation, requirements for the protection by a fully operational security alarm system of each medical marijuana establishment.
(e) Procedures pursuant to which medical marijuana dispensaries must use the services of an independent testing laboratory to ensure that any marijuana, edible marijuana products and marijuana-infused products sold by the dispensaries to end users are tested for content, quality and potency in accordance with standards established by the Department.
(f) Procedures pursuant to which a medical marijuana dispensary will be notified by the Department if a patient who holds a valid registry identification card or letter of approval has chosen the dispensary as his or her designated medical marijuana dispensary, as described in NRS 453A.366.
(g) Minimum requirements for [industrial] hemp, as defined in NRS 557.160, which is used by a facility for the production of edible marijuana products or marijuana-infused products to manufacture edible marijuana products or marijuana-infused products or dispensed by a medical marijuana dispensary.
3. Establish circumstances and procedures pursuant to which the maximum fees set forth in NRS 453A.344 may be reduced over time to ensure that the fees imposed pursuant to NRS 453A.344 are, insofar as may be practicable, revenue neutral.
4. Set forth the amount of usable marijuana that a medical marijuana dispensary may dispense to a person who holds a valid registry identification card, including, without limitation, a designated primary caregiver, in any one 14-day period. Such an amount must not exceed the limits set forth in NRS 453A.200.
5. As far as possible while maintaining accountability, protect the identity and personal identifying information of each person who receives, facilitates or delivers services in accordance with this chapter.
6. In cooperation with the applicable professional licensing boards, establish a system to:
(a) Register and track attending providers of health care who advise their patients that the medical use of marijuana may mitigate the symptoms or effects of the patients medical condition;
(b) Insofar as is possible, track and quantify the number of times an attending provider of health care described in paragraph (a) makes such an advisement; and
(c) Provide for the progressive discipline of attending providers of health care who advise the medical use of marijuana at a rate at which the Department, in consultation with the Division, and applicable board determine and agree to be unreasonably high.
7. Establish different categories of medical marijuana establishment agent registration cards, including, without limitation, criteria for training and certification, for each of the different types of medical marijuana establishments at which such an agent may be employed or volunteer or provide labor as a medical marijuana establishment agent.
κ2019 Statutes of Nevada, Page 2593 (CHAPTER 414, SB 347)κ
establishments at which such an agent may be employed or volunteer or provide labor as a medical marijuana establishment agent.
8. Provide for the maintenance of a log by the Department, in consultation with the Division, of each person who is authorized to cultivate, grow or produce marijuana pursuant to subsection 6 of NRS 453A.200. The Department shall ensure that the contents of the log are available for verification by law enforcement personnel 24 hours a day.
9. Determine whether any provision of NRS 453A.350 or 453A.352 would make the operation of a medical marijuana establishment or marijuana establishment, as defined in NRS 453D.030, by a dual licensee, as defined in NRS 453D.030, unreasonably impracticable, as defined in NRS 453D.030.
10. Address such other matters as may assist in implementing the program of dispensation contemplated by NRS 453A.320 to 453A.370, inclusive.
Sec. 22. NRS 557.010, 557.020, 557.030, 557.040, 557.050, 557.060, 557.070 and 557.080 are hereby repealed.
Sec. 23. This act becomes effective on July 1, 2019.
________
Senate Bill No. 362Senator Hardy
CHAPTER 415
[Approved: June 5, 2019]
AN ACT relating to residential facilities; requiring the administrator of a residential facility for groups to ensure that certain assessments of residents are conducted; requiring a resident with severe dementia to be placed in a facility that meets certain requirements; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the State Board of Health to adopt separate regulations governing the licensing of facilities for the care of adults during the day and residential facilities for groups which provide care to persons with Alzheimers disease. (NRS 449.0302) Section 4 of this bill requires those regulations to also apply to such facilities which provide care to persons with other severe dementia. Section 1 of this bill requires the administrator of a residential facility for groups to annually: (1) cause a qualified provider of health care to conduct a physical examination of each resident of the facility; and (2) conduct an assessment of the history of each resident. If the physical examination, the assessment of resident history or the observations of certain persons indicate that a resident requires a secure facility or a facility with a high staff-to-resident ratio or the condition of a resident has significantly changed, section 1 requires the administrator to cause a qualified provider of health care to conduct an assessment of the condition and needs of the resident. If the provider of health care determines that the resident suffers from dementia to an extent that the resident may be a danger to himself or herself or others if not placed in a secure unit or a facility with a high staff-to-resident ratio, section 1 requires any residential facility in which the resident is placed to meet the requirements prescribed by the Board for a facility which provides care to persons with Alzheimers disease or other severe dementia. Sections 2, 3 and 5-8 of this bill make conforming changes.
κ2019 Statutes of Nevada, Page 2594 (CHAPTER 415, SB 362)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The administrator of a residential facility for groups shall:
(a) Annually cause a qualified provider of health care to conduct a physical examination of each resident of the facility;
(b) Annually conduct an assessment of the history of each resident of the facility, which must include, without limitation, an assessment of the condition and daily activities of the resident during the immediately preceding year; and
(c) Cause a qualified provider of health care to conduct an assessment of the condition and needs of a resident of the facility to determine whether the resident meets the criteria prescribed in paragraph (a) of subsection 2:
(1) Upon admission of the resident to the facility; and
(2) If a physical examination, assessment of the history of the resident or the observations of the administrator or staff of the facility, the family of the resident or another person who has a relationship with the resident indicate that:
(I) The resident may meet those criteria; or
(II) The condition of the resident has significantly changed.
2. If, as a result of an assessment conducted pursuant to paragraph (c) of subsection 1, the provider of health care determines that the resident:
(a) Suffers from dementia to an extent that the resident may be a danger to himself or herself or others if the resident is not placed in a secure unit or a facility that assigns not less than one staff member for every six residents, any residential facility for groups in which the resident is placed must meet the requirements prescribed by the Board pursuant to subsection 2 of NRS 449.0302 for the licensing and operation of residential facilities for groups which provide care to persons with Alzheimers disease or other severe dementia.
(b) Does not suffer from dementia as described in paragraph (a), the resident may be placed in any residential facility for groups.
3. As used in this section, provider of health care has the meaning ascribed to it in NRS 629.031.
Sec. 2. NRS 449.029 is hereby amended to read as follows:
449.029 As used in NRS 449.029 to 449.240, inclusive, and section 1 of this act, unless the context otherwise requires, medical facility has the meaning ascribed to it in NRS 449.0151 and includes a program of hospice care described in NRS 449.196.
Sec. 3. NRS 449.0301 is hereby amended to read as follows:
449.0301 The provisions of NRS 449.029 to 449.2428, inclusive, and section 1 of this act do not apply to:
1. Any facility conducted by and for the adherents of any church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing in the practice of the religion of the church or denomination, except that such a facility shall comply with all regulations relative to sanitation and safety applicable to other facilities of a similar category.
κ2019 Statutes of Nevada, Page 2595 (CHAPTER 415, SB 362)κ
2. Foster homes as defined in NRS 424.014.
3. Any medical facility, facility for the dependent or facility which is otherwise required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed that is operated and maintained by the United States Government or an agency thereof.
Sec. 4. NRS 449.0302 is hereby amended to read as follows:
449.0302 1. The Board shall adopt:
(a) Licensing standards for each class of medical facility or facility for the dependent covered by NRS 449.029 to 449.2428, inclusive, and section 1 of this act and for programs of hospice care.
(b) Regulations governing the licensing of such facilities and programs.
(c) Regulations governing the procedure and standards for granting an extension of the time for which a natural person may provide certain care in his or her home without being considered a residential facility for groups pursuant to NRS 449.017. The regulations must require that such grants are effective only if made in writing.
(d) Regulations establishing a procedure for the indemnification by the Division, from the amount of any surety bond or other obligation filed or deposited by a facility for refractive surgery pursuant to NRS 449.068 or 449.069, of a patient of the facility who has sustained any damages as a result of the bankruptcy of or any breach of contract by the facility.
(e) Any other regulations as it deems necessary or convenient to carry out the provisions of NRS 449.029 to 449.2428, inclusive [.] , and section 1 of this act.
2. The Board shall adopt separate regulations governing the licensing and operation of:
(a) Facilities for the care of adults during the day; and
(b) Residential facilities for groups,
Κ which provide care to persons with Alzheimers disease [.] or other severe dementia, as described in paragraph (a) of subsection 2 of section 1 of this act.
3. The Board shall adopt separate regulations for:
(a) The licensure of rural hospitals which take into consideration the unique problems of operating such a facility in a rural area.
(b) The licensure of facilities for refractive surgery which take into consideration the unique factors of operating such a facility.
(c) The licensure of mobile units which take into consideration the unique factors of operating a facility that is not in a fixed location.
4. The Board shall require that the practices and policies of each medical facility or facility for the dependent provide adequately for the protection of the health, safety and physical, moral and mental well-being of each person accommodated in the facility.
5. In addition to the training requirements prescribed pursuant to NRS 449.093, the Board shall establish minimum qualifications for administrators and employees of residential facilities for groups. In establishing the qualifications, the Board shall consider the related standards set by nationally recognized organizations which accredit such facilities.
6. The Board shall adopt separate regulations regarding the assistance which may be given pursuant to NRS 453.375 and 454.213 to an ultimate user of controlled substances or dangerous drugs by employees of residential facilities for groups. The regulations must require at least the following conditions before such assistance may be given:
κ2019 Statutes of Nevada, Page 2596 (CHAPTER 415, SB 362)κ
(a) The ultimate users physical and mental condition is stable and is following a predictable course.
(b) The amount of the medication prescribed is at a maintenance level and does not require a daily assessment.
(c) A written plan of care by a physician or registered nurse has been established that:
(1) Addresses possession and assistance in the administration of the medication; and
(2) Includes a plan, which has been prepared under the supervision of a registered nurse or licensed pharmacist, for emergency intervention if an adverse condition results.
(d) Except as otherwise authorized by the regulations adopted pursuant to NRS 449.0304, the prescribed medication is not administered by injection or intravenously.
(e) The employee has successfully completed training and examination approved by the Division regarding the authorized manner of assistance.
7. The Board shall adopt separate regulations governing the licensing and operation of residential facilities for groups which provide assisted living services. The Board shall not allow the licensing of a facility as a residential facility for groups which provides assisted living services and a residential facility for groups shall not claim that it provides assisted living services unless:
(a) Before authorizing a person to move into the facility, the facility makes a full written disclosure to the person regarding what services of personalized care will be available to the person and the amount that will be charged for those services throughout the residents stay at the facility.
(b) The residents of the facility reside in their own living units which:
(1) Except as otherwise provided in subsection 8, contain toilet facilities;
(2) Contain a sleeping area or bedroom; and
(3) Are shared with another occupant only upon consent of both occupants.
(c) The facility provides personalized care to the residents of the facility and the general approach to operating the facility incorporates these core principles:
(1) The facility is designed to create a residential environment that actively supports and promotes each residents quality of life and right to privacy;
(2) The facility is committed to offering high-quality supportive services that are developed by the facility in collaboration with the resident to meet the residents individual needs;
(3) The facility provides a variety of creative and innovative services that emphasize the particular needs of each individual resident and the residents personal choice of lifestyle;
(4) The operation of the facility and its interaction with its residents supports, to the maximum extent possible, each residents need for autonomy and the right to make decisions regarding his or her own life;
(5) The operation of the facility is designed to foster a social climate that allows the resident to develop and maintain personal relationships with fellow residents and with persons in the general community;
κ2019 Statutes of Nevada, Page 2597 (CHAPTER 415, SB 362)κ
(6) The facility is designed to minimize and is operated in a manner which minimizes the need for its residents to move out of the facility as their respective physical and mental conditions change over time; and
(7) The facility is operated in such a manner as to foster a culture that provides a high-quality environment for the residents, their families, the staff, any volunteers and the community at large.
8. The Division may grant an exception from the requirement of subparagraph (1) of paragraph (b) of subsection 7 to a facility which is licensed as a residential facility for groups on or before July 1, 2005, and which is authorized to have 10 or fewer beds and was originally constructed as a single-family dwelling if the Division finds that:
(a) Strict application of that requirement would result in economic hardship to the facility requesting the exception; and
(b) The exception, if granted, would not:
(1) Cause substantial detriment to the health or welfare of any resident of the facility;
(2) Result in more than two residents sharing a toilet facility; or
(3) Otherwise impair substantially the purpose of that requirement.
9. The Board shall, if it determines necessary, adopt regulations and requirements to ensure that each residential facility for groups and its staff are prepared to respond to an emergency, including, without limitation:
(a) The adoption of plans to respond to a natural disaster and other types of emergency situations, including, without limitation, an emergency involving fire;
(b) The adoption of plans to provide for the evacuation of a residential facility for groups in an emergency, including, without limitation, plans to ensure that nonambulatory patients may be evacuated;
(c) Educating the residents of residential facilities for groups concerning the plans adopted pursuant to paragraphs (a) and (b); and
(d) Posting the plans or a summary of the plans adopted pursuant to paragraphs (a) and (b) in a conspicuous place in each residential facility for groups.
10. The regulations governing the licensing and operation of facilities for transitional living for released offenders must provide for the licensure of at least three different types of facilities, including, without limitation:
(a) Facilities that only provide a housing and living environment;
(b) Facilities that provide or arrange for the provision of supportive services for residents of the facility to assist the residents with reintegration into the community, in addition to providing a housing and living environment; and
(c) Facilities that provide or arrange for the provision of alcohol and drug abuse programs, in addition to providing a housing and living environment and providing or arranging for the provision of other supportive services.
Κ The regulations must provide that if a facility was originally constructed as a single-family dwelling, the facility must not be authorized for more than eight beds.
11. As used in this section, living unit means an individual private accommodation designated for a resident within the facility.
κ2019 Statutes of Nevada, Page 2598 (CHAPTER 415, SB 362)κ
Sec. 5. NRS 449.160 is hereby amended to read as follows:
449.160 1. The Division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.029 to 449.2428, inclusive, and section 1 of this act upon any of the following grounds:
(a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410 or 449.029 to 449.245, inclusive, and section 1 of this act, or of any other law of this State or of the standards, rules and regulations adopted thereunder.
(b) Aiding, abetting or permitting the commission of any illegal act.
(c) Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.
(d) Conduct or practice detrimental to the health or safety of the occupants or employees of the facility.
(e) Failure of the applicant to obtain written approval from the Director of the Department of Health and Human Services as required by NRS 439A.100 or as provided in any regulation adopted pursuant to NRS 449.001 to 449.430, inclusive, and section 1 of this act and 449.435 to 449.531, inclusive, and chapter 449A of NRS if such approval is required.
(f) Failure to comply with the provisions of NRS 449.2486.
2. In addition to the provisions of subsection 1, the Division may revoke a license to operate a facility for the dependent if, with respect to that facility, the licensee that operates the facility, or an agent or employee of the licensee:
(a) Is convicted of violating any of the provisions of NRS 202.470;
(b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124; or
(c) Is ordered by the appropriate governmental agency to correct a violation of a building, safety or health code or regulation but fails to correct the violation.
3. The Division shall maintain a log of any complaints that it receives relating to activities for which the Division may revoke the license to operate a facility for the dependent pursuant to subsection 2. The Division shall provide to a facility for the care of adults during the day:
(a) A summary of a complaint against the facility if the investigation of the complaint by the Division either substantiates the complaint or is inconclusive;
(b) A report of any investigation conducted with respect to the complaint; and
(c) A report of any disciplinary action taken against the facility.
Κ The facility shall make the information available to the public pursuant to NRS 449.2486.
4. On or before February 1 of each odd-numbered year, the Division shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium:
(a) Any complaints included in the log maintained by the Division pursuant to subsection 3; and
(b) Any disciplinary actions taken by the Division pursuant to subsection 2.
κ2019 Statutes of Nevada, Page 2599 (CHAPTER 415, SB 362)κ
Sec. 6. NRS 449.163 is hereby amended to read as follows:
449.163 1. In addition to the payment of the amount required by NRS 449.0308, if a medical facility, facility for the dependent or facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed violates any provision related to its licensure, including any provision of NRS 439B.410 or 449.029 to 449.2428, inclusive, and section 1 of this act, or any condition, standard or regulation adopted by the Board, the Division, in accordance with the regulations adopted pursuant to NRS 449.165, may:
(a) Prohibit the facility from admitting any patient until it determines that the facility has corrected the violation;
(b) Limit the occupancy of the facility to the number of beds occupied when the violation occurred, until it determines that the facility has corrected the violation;
(c) If the license of the facility limits the occupancy of the facility and the facility has exceeded the approved occupancy, require the facility, at its own expense, to move patients to another facility that is licensed;
(d) Impose an administrative penalty of not more than $5,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum; and
(e) Appoint temporary management to oversee the operation of the facility and to ensure the health and safety of the patients of the facility, until:
(1) It determines that the facility has corrected the violation and has management which is capable of ensuring continued compliance with the applicable statutes, conditions, standards and regulations; or
(2) Improvements are made to correct the violation.
2. If the facility fails to pay any administrative penalty imposed pursuant to paragraph (d) of subsection 1, the Division may:
(a) Suspend the license of the facility until the administrative penalty is paid; and
(b) Collect court costs, reasonable attorneys fees and other costs incurred to collect the administrative penalty.
3. The Division may require any facility that violates any provision of NRS 439B.410 or 449.029 to 449.2428, inclusive, and section 1 of this act or any condition, standard or regulation adopted by the Board to make any improvements necessary to correct the violation.
4. Any money collected as administrative penalties pursuant to paragraph (d) of subsection 1 must be accounted for separately and used to administer and carry out the provisions of NRS 449.001 to 449.430, inclusive, and section 1 of this act, 449.435 to 449.530, inclusive, and 449.760 and chapter 449A of NRS to protect the health, safety, well-being and property of the patients and residents of facilities in accordance with applicable state and federal standards or for any other purpose authorized by the Legislature.
Sec. 7. NRS 449.240 is hereby amended to read as follows:
449.240 The district attorney of the county in which the facility is located shall, upon application by the Division, institute and conduct the prosecution of any action for violation of any provisions of NRS 449.029 to 449.245, inclusive [.] , and section 1 of this act.
κ2019 Statutes of Nevada, Page 2600 (CHAPTER 415, SB 362)κ
Sec. 8. NRS 654.190 is hereby amended to read as follows:
654.190 1. The Board may, after notice and an opportunity for a hearing as required by law, impose an administrative fine of not more than $10,000 for each violation on, recover reasonable investigative fees and costs incurred from, suspend, revoke, deny the issuance or renewal of or place conditions on the license of, and place on probation or impose any combination of the foregoing on any licensee who:
(a) Is convicted of a felony relating to the practice of administering a nursing facility or residential facility or of any offense involving moral turpitude.
(b) Has obtained his or her license by the use of fraud or deceit.
(c) Violates any of the provisions of this chapter.
(d) Aids or abets any person in the violation of any of the provisions of NRS 449.029 to 449.2428, inclusive, and section 1 of this act, as those provisions pertain to a facility for skilled nursing, facility for intermediate care or residential facility for groups.
(e) Violates any regulation of the Board prescribing additional standards of conduct for licensees, including, without limitation, a code of ethics.
(f) Engages in conduct that violates the trust of a patient or resident or exploits the relationship between the licensee and the patient or resident for the financial or other gain of the licensee.
2. If a licensee requests a hearing pursuant to subsection 1, the Board shall give the licensee written notice of a hearing pursuant to NRS 233B.121 and 241.034. A licensee may waive, in writing, his or her right to attend the hearing.
3. The Board may compel the attendance of witnesses or the production of documents or objects by subpoena. The Board may adopt regulations that set forth a procedure pursuant to which the Chair of the Board may issue subpoenas on behalf of the Board. Any person who is subpoenaed pursuant to this subsection may request the Board to modify the terms of the subpoena or grant additional time for compliance.
4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
5. The expiration of a license by operation of law or by order or decision of the Board or a court, or the voluntary surrender of a license, does not deprive the Board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.
Sec. 9. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 2601κ
Senate Bill No. 410Senators Kieckhefer, Hansen, Hammond, Pickard, Ratti; Goicoechea, Hardy, Seevers Gansert and Settelmeyer
Joint Sponsors: Assemblymen Benitez-Thompson, Kramer; and Neal
CHAPTER 416
[Approved: June 5, 2019]
AN ACT relating to taxation; revising provisions governing the issuance of transferable tax credits for certain projects that will make a capital investment in this State of at least $1 billion and satisfy certain other criteria; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Office of Economic Development to approve applications for partial abatements of certain taxes and the issuance of transferable tax credits submitted by the lead participant engaged in a qualified project with other participants which: (1) is for a common purpose or business endeavor; (2) is located within the geographic boundaries of a single project site in this State; and (3) satisfies certain criteria, including, without limitation, a requirement that the participants in the project agree to make a total new capital investment in this State of at least $1 billion during the 10-year period immediately following approval of the application. (NRS 360.889) Under existing law, the Office is authorized to approve for the project: (1) a maximum of $7,600,000 of transferable tax credits per fiscal year; and (2) a total amount of transferable tax credits of not more than $38,000,000. (NRS 360.892) Section 1.3 of this bill adds an additional requirement for the issuance of these transferable tax credits by requiring approval of the Interim Finance Committee before the tax credits may be issued. Sections 1, 1.5 and 1.7 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 360.888 is hereby amended to read as follows:
360.888 Qualified project means a project which the Office of Economic Development determines meets all the requirements set forth in subsections 2 [to] , 3, 5 [, inclusive,] and 6 of NRS 360.889.
Sec. 1.3. NRS 360.889 is hereby amended to read as follows:
360.889 1. On behalf of a project, the lead participant in the project may apply to the Office of Economic Development for:
(a) A certificate of eligibility for transferable tax credits which may be applied to:
(1) Any tax imposed by chapters 363A and 363B of NRS;
(2) The gaming license fees imposed by the provisions of NRS 463.370;
(3) Any tax imposed by chapter 680B of NRS; or
(4) Any combination of the fees and taxes described in subparagraphs (1), (2) and (3).
(b) A partial abatement of property taxes, employer excise taxes or local sales and use taxes, or any combination of any of those taxes.
κ2019 Statutes of Nevada, Page 2602 (CHAPTER 416, SB 410)κ
2. For a project to be eligible for the transferable tax credits described in paragraph (a) of subsection 1 and the partial abatement of the taxes described in paragraph (b) of subsection 1, the lead participant in the project must, on behalf of the project:
(a) Submit an application that meets the requirements of subsection [4;] 5;
(b) Provide documentation satisfactory to the Office that approval of the application would promote the economic development of this State and aid the implementation of the State Plan for Economic Development developed by the Executive Director of the Office pursuant to subsection 2 of NRS 231.053;
(c) Provide documentation satisfactory to the Office that the participants in the project collectively will make a total new capital investment of at least $1 billion in this State within the 10-year period immediately following approval of the application;
(d) Provide documentation satisfactory to the Office that the participants in the project are engaged in a common business purpose or industry;
(e) Provide documentation satisfactory to the Office that the place of business of each participant is or will be located within the geographic boundaries of the project site or sites;
(f) Provide documentation satisfactory to the Office that each participant in the project is registered pursuant to the laws of this State or commits to obtaining a valid business license and all other permits required by the county, city or town in which the project operates;
(g) Provide documentation satisfactory to the Office of the number of employees engaged in the construction of the project;
(h) Provide documentation satisfactory to the Office of the number of qualified employees employed or anticipated to be employed at the project by the participants;
(i) Provide documentation satisfactory to the Office that each employer engaged in the construction of the project provides a plan of health insurance and that each employee engaged in the construction of the project is offered coverage under the plan of health insurance provided by his or her employer;
(j) Provide documentation satisfactory to the Office that each participant in the project provides a plan of health insurance and that each employee employed at the project by each participant is offered coverage under the plan of health insurance provided by his or her employer;
(k) Provide documentation satisfactory to the Office that at least 50 percent of the employees engaged in construction of the project and 50 percent of the employees employed at the project are residents of Nevada, unless waived by the Executive Director of the Office upon proof satisfactory to the Executive Director of the Office that there is an insufficient number of Nevada residents available and qualified for such employment;
(l) Agree to provide the Office with a full compliance audit of the participants in the project at the end of each fiscal year which:
(1) Shows the amount of money invested in this State by each participant in the project;
(2) Shows the number of employees engaged in the construction of the project and the number of those employees who are residents of Nevada;
(3) Shows the number of employees employed at the project by each participant and the number of those employees who are residents of Nevada; and
κ2019 Statutes of Nevada, Page 2603 (CHAPTER 416, SB 410)κ
(4) Is certified by an independent certified public accountant in this State who is approved by the Office;
(m) Pay the cost of the audit required by paragraph (l);
(n) Enter into an agreement with the governing body of the city or county in which the qualified project is located that:
(1) Requires the lead participant to pay the cost of any engineering or design work necessary to determine the cost of infrastructure improvements required to be made by the governing body pursuant to an economic development financing proposal approved pursuant to NRS 360.990; and
(2) Requires the lead participant to seek reimbursement for any costs paid by the lead participant pursuant to subparagraph (1) from the proceeds of bonds issued pursuant to NRS 360.991; and
(o) Meet any other requirements prescribed by the Office.
3. In addition to meeting the requirements set forth in subsection 2, for a project located on more than one site in this State to be eligible for the partial abatement of the taxes described in paragraph (b) of subsection 1, the lead participant must, on behalf of the project, submit an application that meets the requirements of subsection [4] 5 on or before June 30, 2019, and provide documentation satisfactory to the Office that:
(a) The initial project will have a total of 500 or more full-time employees employed at the site of the initial project and the average hourly wage that will be paid to employees of the initial project in this State is at least 120 percent of the average statewide hourly wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year;
(b) Each participant in the project must be a subsidiary or affiliate of the lead participant; and
(c) Each participant offers primary jobs and:
(1) Except as otherwise provided in subparagraph (2), satisfies the requirements of paragraph (f) or (g) of subsection 2 of NRS 360.750, regardless of whether the business is a new business or an existing business; and
(2) If a participant owns, operates, manufactures, services, maintains, tests, repairs, overhauls or assembles an aircraft or any component of an aircraft, that the participant satisfies the applicable requirements of paragraph (f) or (g) of subsection 2 of NRS 360.753.
Κ If any participant is a data center, as defined in NRS 360.754, any capital investment by that participant must not be counted in determining whether the participants in the project collectively will make a total new capital investment of at least $1 billion in this State within the 10-year period immediately following approval of the application, as required by paragraph (c) of subsection 2.
4. In addition to meeting the requirements set forth in subsection 2, a project is eligible for the transferable tax credits described in paragraph (a) of subsection 1 only if the Interim Finance Committee approves a written request for the issuance of the transferable tax credits. Such a request may only be submitted by the Office and only after the Office has approved the application submitted for the project pursuant to subsection 2. The Interim Finance Committee may approve a request submitted pursuant to this subsection only if the Interim Finance Committee determines that approval of the request:
κ2019 Statutes of Nevada, Page 2604 (CHAPTER 416, SB 410)κ
(a) Will not impede the ability of the Legislature to carry out its duty to provide for an annual tax sufficient to defray the estimated expenses of the State for each fiscal year as set forth in Article 9, Section 2 of the Nevada Constitution; and
(b) Will promote the economic development of this State and aid the implementation of the State Plan for Economic Development developed by the Executive Director of the Office pursuant to subsection 2 of NRS 231.053;
5. An application submitted pursuant to subsection 2 must include:
(a) A detailed description of the project, including a description of the common purpose or business endeavor in which the participants in the project are engaged;
(b) A detailed description of the location of the project, including a precise description of the geographic boundaries of the project site or sites;
(c) The name and business address of each participant in the project, which must be an address in this State;
(d) A detailed description of the plan by which the participants in the project intend to comply with the requirement that the participants collectively make a total new capital investment of at least $1 billion in this State in the 10-year period immediately following approval of the application;
(e) If the application includes one or more partial abatements, an agreement executed by the Office with the lead participant in the project which:
(1) Complies with the requirements of NRS 360.755;
(2) States the date on which the partial abatement becomes effective, as agreed to by the applicant and the Office, which must not be earlier than the date on which the Office received the application;
(3) States that the project will, after the date on which a certificate of eligibility for the partial abatement is approved pursuant to NRS 360.893, continue in operation in this State for a period specified by the Office; and
(4) Binds successors in interest of the lead participant for the specified period; and
(f) Any other information required by the Office.
[5.] 6. For an employee to be considered a resident of Nevada for the purposes of this section, each participant in the project must maintain the following documents in the personnel file of the employee:
(a) A copy of the:
(1) Current and valid Nevada drivers license of the employee originally issued by the Department of Motor Vehicles more than 60 days before the hiring of the employee or a current and valid identification card for the employee originally issued by the Department of Motor Vehicles more than 60 days before the hiring of the employee; or
(2) If the employee is a veteran of the Armed Forces of the United States, a current and valid Nevada drivers license of the employee or a current and valid identification card for the employee issued by the Department of Motor Vehicles;
(b) If the employee is a registered owner of one or more motor vehicles in Nevada, a copy of the current motor vehicle registration of at least one of those vehicles;
(c) Proof that the employee is employed full-time and scheduled to work for an average minimum of 30 hours per week; and
κ2019 Statutes of Nevada, Page 2605 (CHAPTER 416, SB 410)κ
(d) Proof that the employee is offered coverage under a plan of health insurance provided by his or her employer.
[6.] 7. For the purpose of obtaining from the Executive Director of the Office any waiver of the requirement set forth in paragraph (k) of subsection 2, the lead participant in the project must submit to the Executive Director of the Office written documentation of the efforts to meet the requirement and documented proof that an insufficient number of Nevada residents is available and qualified for employment.
[7.] 8. The Executive Director of the Office shall make available to the public and post on the Internet website of the Office:
(a) Any request for a waiver of the requirements set forth in paragraph (k) of subsection 2; and
(b) Any approval of such a request for a waiver that is granted by the Executive Director of the Office.
[8.] 9. The Executive Director of the Office shall post a request for a waiver of the requirements set forth in paragraph (k) of subsection 2 on the Internet website of the Office within 3 days after receiving the request and shall keep the request posted on the Internet website for not less than 5 days. The Executive Director of the Office shall ensure that the Internet website allows members of the public to post comments regarding the request.
[9.] 10. The Executive Director of the Office shall consider any comments posted on the Internet website concerning any request for a waiver of the requirements set forth in paragraph (k) of subsection 2 before making a decision regarding whether to approve the request. If the Executive Director of the Office approves the request for a waiver, the Executive Director of the Office must post the approval on the Internet website of the Office within 3 days and ensure that the Internet website allows members of the public to post comments regarding the approval.
Sec. 1.5. NRS 360.890 is hereby amended to read as follows:
360.890 1. If the Office of Economic Development receives an application pursuant to NRS 360.889, the Office:
(a) Shall not consider the application unless the Office has requested a letter of acknowledgment of the request for a partial abatement from any county, school district, city or town which the Office determines may experience a direct economic effect as a result of the partial abatement.
(b) Shall not take any action on the application unless the Office takes that action at a public meeting conducted for that purpose.
(c) Shall, at least 30 days before any public meeting conducted for the purpose of taking any action on the application, provide notice of the application and the date, time and location of the public meeting at which the Office will consider the application to:
(1) Each participant in the project;
(2) The Department;
(3) The Nevada Gaming Control Board;
(4) The governing body of the county, the board of trustees of the school district and the governing body of the city or town, if any, in which the project will be located;
(5) The governing body of any other political subdivision that the Office determines could experience a direct economic effect as a result of the abatement; and
(6) The general public.
κ2019 Statutes of Nevada, Page 2606 (CHAPTER 416, SB 410)κ
2. The date of the public meeting to consider an application submitted pursuant to NRS 360.889 must be not later than 60 days after the date on which the Office receives the completed application.
3. The Office shall approve an application submitted pursuant to NRS 360.889 if the Office finds that the project is a qualified project. The Office shall issue a decision on the application not later than 30 days after the conclusion of the public meeting on the application. Not later than 30 days after the Office issues a decision approving an application submitted pursuant to NRS 360.889 in which the lead participant applies for a certificate of eligibility for the transferable tax credits described in paragraph (a) of subsection 1 of NRS 360.889, the Office must submit a written request to the Interim Finance Committee for approval of the issuance of the transferable tax credits.
4. The lead participant in a qualified project shall submit all accountings and other required information to the Office and the Department not later than 30 days after a date specified in the decision issued by the Office. If the Office or the Department determines that information submitted pursuant to this subsection is incomplete, the lead participant shall, not later than 30 days after receiving notice that the information is incomplete, provide to the Office or the Department, as applicable, all additional information required by the Office or the Department.
5. Until the Office of Economic Development provides notice of the application and the public meeting pursuant to paragraph (c) of subsection 1, the information contained in the application provided to the Office of Economic Development:
(a) Is confidential proprietary information of the business;
(b) Is not a public record; and
(c) Must not be disclosed to any person who is not an officer or employee of the Office of Economic Development unless the lead participant consents to the disclosure.
6. After the Office provides notice of the application and the public meeting pursuant to paragraph (c) of subsection 1:
(a) The application is a public record; and
(b) Upon request by any person, the Executive Director of the Office shall disclose the application to the person who made the request, except for any information in the application that is protected from disclosure pursuant to subsection 7.
7. Before the Executive Director of the Office discloses the application to the public, the lead participant may submit a request to the Executive Director of the Office to protect from disclosure any information in the application which, under generally accepted business practices, would be considered a trade secret or other confidential proprietary information of the business. After consulting with the business, the Executive Director of the Office shall determine whether to protect the information from disclosure. The decision of the Executive Director of the Office is final and is not subject to judicial review. If the Executive Director of the Office determines to protect the information from disclosure, the protected information:
(a) Is confidential proprietary information of the business;
(b) Is not a public record;
(c) Must be redacted by the Executive Director of the Office from any copy of the application that is disclosed to the public; and
κ2019 Statutes of Nevada, Page 2607 (CHAPTER 416, SB 410)κ
(d) Must not be disclosed to any person who is not an officer or employee of the Office of Economic Development unless the lead participant consents to the disclosure.
Sec. 1.7. NRS 360.891 is hereby amended to read as follows:
360.891 1. If the Office of Economic Development approves an application for a certificate of eligibility for transferable tax credits submitted pursuant to paragraph (a) of subsection 1 of NRS 360.889 [,] and the Interim Finance Committee approves a written request for the issuance of transferable tax credits pursuant to subsection 4 of NRS 360.889, the Office shall immediately forward a copy of the certificate of eligibility which identifies the estimated amount of the tax credits available pursuant to this section to:
(a) The lead participant in the qualified project;
(b) The Department; and
(c) The Nevada Gaming Control Board.
2. Within 14 business days after receipt of an audit provided by the lead participant in the qualified project pursuant to paragraph (l) of subsection 2 of NRS 360.889 and any other accountings or other information required by the Office, the Office shall determine whether to certify the audit and make a final determination of whether a certificate of transferable tax credits will be issued. If the Office certifies the audit and determines that all other requirements for the transferable tax credits have been met, the Office shall notify the lead participant in the qualified project that the transferable tax credits will be issued. Within 30 days after the receipt of the notice, the lead participant in the qualified project shall make an irrevocable declaration of the amount of transferable tax credits that will be applied to each fee or tax set forth in subparagraphs (1), (2) and (3) of paragraph (a) of subsection 1 of NRS 360.889, thereby accounting for all of the credits which will be issued. Upon receipt of the declaration, the Office shall issue to the lead participant a certificate of transferable tax credits in the amount approved by the Office for the fees or taxes included in the declaration. The lead participant shall notify the Department upon transferring any of the transferable tax credits. The Office shall notify the Department and the Nevada Gaming Control Board of all transferable tax credits issued, segregated by each fee or tax set forth in subparagraphs (1), (2) and (3) of paragraph (a) of subsection 1 of NRS 360.889. The Department shall notify the Office and the Nevada Gaming Control Board of the amount of any transferable tax credits transferred.
3. A qualified project may be approved for a certificate of eligibility for transferable tax credits in the amount of $9,500 for each qualified employee, up to a maximum of 4,000 qualified employees.
4. For the purpose of computing the amount of transferable tax credits for which a qualified project is eligible pursuant to subsection 3:
(a) Each qualified employee must be:
(1) Employed by a participant at the site of the qualified project.
(2) Employed full-time and scheduled to work for an average minimum of 30 hours per week.
(3) Employed for at least the last 3 consecutive months of the fiscal year.
(4) Offered coverage under a plan of health insurance provided by his or her employer.
κ2019 Statutes of Nevada, Page 2608 (CHAPTER 416, SB 410)κ
(b) The wages for federal income tax purposes reported or required to be reported on Form W-2 of the qualified employees of the qualified project must be paid at an average rate of $22 per hour.
(c) An employee engaged solely in the construction of the qualified project is deemed not to be a qualified employee.
Secs. 2-6. (Deleted by amendment.)
Sec. 7. 1. This act becomes effective upon passage and approval.
2. Sections 1, 1.5 and 1.7 of this act expire by limitation on June 30, 2032.
________
Senate Bill No. 417Senator Goicoechea
CHAPTER 417
[Approved: June 5, 2019]
AN ACT relating to livestock; requiring the State Department of Agriculture to issue a limited license to conduct an annual sale of livestock under certain circumstances; imposing a fee for the issuance of the limited license; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prohibits a person from holding, operating, conducting or carrying on a public livestock auction without first securing a license from the State Department of Agriculture. (NRS 573.020) Before the Department may issue a license to an operator of a public livestock auction, the applicant for the license must deliver to the Director of the Department: (1) a surety bond; (2) a bond approved by the Secretary of Agriculture of the United States; or (3) a deposit receipt. (NRS 573.030) A person who operates a public livestock auction without a license or any licensee authorized to operate a public livestock auction who violates any provision of chapter 573 of NRS governing public sales of livestock or any regulations adopted pursuant to that chapter is subject to: (1) the imposition of a restraining order; (2) punishment for a misdemeanor; and (3) payment of an additional administrative fine of not less than $1,000 and not more than $5,000 per violation. (NRS 573.185, 573.190)
In lieu of securing a license to operate a public livestock auction, section 1 of this bill authorizes a person who wishes to conduct an annual sale of livestock to submit an application to the Department for the issuance of a limited license to conduct such a sale. Section 2 of this bill defines an annual sale of livestock to mean any sale of livestock to which any member of the public may consign livestock for sale or exchange through public bidding and which is conducted for not more than 2 consecutive days during a calendar year. Section 1 requires the Department to issue to the applicant a limited license to conduct an annual sale of livestock if the Department finds that the applicant has: (1) delivered to the Director of the Department a certain surety bond or deposit receipt; (2) paid the fee established by regulation of the State Board of Agriculture for the limited license; and (3) otherwise complied with the provisions of chapter 573 of NRS governing public sales of livestock. Section 1 also requires the Department to limit the duration of any surety bond or deposit receipt to the period during which an annual sale of livestock is conducted and to set the surety bond or deposit receipt on the basis of specified criteria. Section 11 of this bill authorizes the Department or a representative of the Department to enter the premises where an annual livestock sale is held to inspect the records of the annual livestock sale. Sections 12 and 13 of this bill subject a person who conducts an annual sale of livestock to the imposition of a cease and desist order and a restraining order for certain violations.
κ2019 Statutes of Nevada, Page 2609 (CHAPTER 417, SB 417)κ
who conducts an annual sale of livestock to the imposition of a cease and desist order and a restraining order for certain violations. Section 14 of this bill also makes such a person who commits those violations guilty of a misdemeanor and subject to the payment of an additional administrative fine. Sections 3-10 and 15 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 573 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In lieu of securing a license to hold, operate, conduct or carry on a public livestock auction pursuant to NRS 573.020, a person who wishes to conduct an annual sale of livestock may submit an application to the Department for the issuance of a limited license to conduct such a sale. The application must be submitted on a form furnished or approved by the Department and must include:
(a) The name and address of the applicant who will conduct the annual sale of livestock;
(b) The location of the establishment or premises where the applicant will conduct the annual sale of livestock; and
(c) Any other information required by the Department.
2. As soon as practicable after receiving an application pursuant to subsection 1, the Department shall issue a limited license to conduct an annual sale of livestock to the applicant if the Department finds that the applicant has:
(a) Delivered to the Director a surety bond pursuant to NRS 573.033 or a deposit receipt pursuant to NRS 573.037;
(b) Paid the fee established by regulation of the State Board of Agriculture for the limited license to conduct an annual sale of livestock pursuant to NRS 573.040; and
(c) Otherwise complied with the provisions of this chapter.
3. A limited license to conduct an annual sale of livestock is valid for the period for which it is issued. A person may not obtain more than one limited license to conduct an annual sale of livestock during the same calendar year.
4. The Department shall:
(a) Limit the required duration of any surety bond or deposit receipt submitted pursuant to paragraph (a) of subsection 2 to the period during which the annual sale of livestock is conducted by the licensee.
(b) Set the amount of the surety bond or deposit receipt at an amount which:
(1) Must be based on the amount of bond coverage calculated for a market agency pursuant to 9 C.F.R. § 201.30(a); and
(2) May be less than the amount otherwise required pursuant to NRS 573.033 or 573.037.
Sec. 2. NRS 573.010 is hereby amended to read as follows:
573.010 As used in this chapter:
1. Annual sale of livestock means any sale of livestock:
(a) To which any member of the public may consign livestock for sale or exchange through public bidding at the sale of the livestock; and
κ2019 Statutes of Nevada, Page 2610 (CHAPTER 417, SB 417)κ
(b) Which is conducted for not more than 2 consecutive days during a calendar year.
2. Consignor means any person consigning, shipping or delivering livestock to a public livestock auction for sale, resale or exchange.
[2.] 3. Department means the State Department of Agriculture.
[3.] 4. Director means the Director of the Department.
[4.] 5. Livestock means:
(a) Cattle, sheep, goats, horses, mules, asses, burros, swine or poultry; and
(b) Alternative livestock as defined in NRS 501.003.
[5.] 6. Operator of a public livestock auction means any person holding, conducting or carrying on a public livestock auction.
[6.] 7. Public livestock auction means any sale or exchange of livestock held by any person at an established place of business or premises where the livestock is assembled for sale or exchange, and is exchanged or sold at auction or upon a commission basis at regular or irregular intervals. The term does not include an annual sale of livestock.
Sec. 3. NRS 573.030 is hereby amended to read as follows:
573.030 Before a license is issued by the Department to an operator of a public livestock auction [,] or a limited license is issued by the Department to conduct an annual sale of livestock, the applicant must deliver to the Director:
1. A surety bond pursuant to the provisions of NRS 573.033;
2. [A] In the case of a public livestock auction, a bond approved by the Secretary of Agriculture of the United States pursuant to the provisions of NRS 573.035; or
3. A deposit receipt pursuant to the provisions of NRS 573.037.
Sec. 4. NRS 573.033 is hereby amended to read as follows:
573.033 1. [If] Except as otherwise provided in section 1 of this act, if an applicant delivers a surety bond to the Director pursuant to the provisions of subsection 1 of NRS 573.030 [,] or section 1 of this act, the surety bond must be:
(a) In the amount of $200,000 or more but less than $1,000,000.
(b) Executed by the applicant as principal and by a surety company qualified and authorized to do business in this state as surety.
(c) A standard form and approved by the Director as to terms and conditions.
(d) Conditioned that the principal will not commit any fraudulent act and will comply with the provisions of this chapter and the rules and regulations adopted by the Department.
(e) To the State of Nevada in favor of every consignor creditor whose livestock was handled or sold through or at the licensees public livestock auction [.] or annual sale of livestock, as applicable.
2. The total and aggregate liability of the surety for all claims upon the bond must be limited to the face amount of the bond.
Sec. 5. NRS 573.037 is hereby amended to read as follows:
573.037 1. As authorized by subsection 3 of NRS 573.030 [,] or section 1 of this act, in lieu of filing the bond described in NRS 573.033 or 573.035, the applicant may deliver to the Director the receipt of a bank, credit union or trust company doing business in this state showing the deposit with that bank, credit union or trust company of cash or of securities endorsed in blank by the owner thereof and , except as otherwise provided in section 1 of this act, of a market value equal at least to the required principal amount of the bond, the cash or securities to be deposited in escrow under an agreement conditioned as in the case of a bond.
κ2019 Statutes of Nevada, Page 2611 (CHAPTER 417, SB 417)κ
agreement conditioned as in the case of a bond. A receipt must be accompanied by evidence that there are no unsatisfied judgments against the applicant of record in the county where the applicant resides.
2. An action for recovery against any such deposit may be brought in the same manner as in the case of an action for recovery on a bond filed under the provisions of this chapter.
3. [If] Except as otherwise provided in section 1 of this act, if any licensed operator of a public livestock auction or holder of a limited license to conduct an annual sale of livestock for any reason ceases to operate the auction [,] or sale, the amount of money or securities deposited in lieu of a bond must be retained by the Department for 1 year. If 1 year after the cessation of the operation, no legal action has been commenced to recover against the money or securities, the amount thereof must be delivered to the owner thereof. If a legal action has been commenced within that period, all such money and securities must be held by the Director subject to the order of a court of competent jurisdiction.
Sec. 5.5. NRS 573.040 is hereby amended to read as follows:
573.040 The State Board of Agriculture shall establish by regulation the fee for [a] :
1. A license to operate a public livestock auction.
2. A limited license to conduct an annual sale of livestock.
Sec. 6. NRS 573.050 is hereby amended to read as follows:
573.050 Upon receipt of an application for a license to operate a public livestock auction under this chapter, accompanied by the required bond and license fee, the Department shall examine the application, and if it finds the application to be in proper form and that the applicant has otherwise complied with this chapter, the Director or his or her designee shall grant and sign the license as applied for, subject to the provisions of this chapter.
Sec. 7. NRS 573.070 is hereby amended to read as follows:
573.070 [Licenses] A license to operate a public livestock auction must be in such form as the Department may prescribe, and set forth:
1. The name and address of the operator of the public livestock auction.
2. The location of the establishment or premises licensed.
3. The kinds of livestock to be sold, exchanged or handled.
4. The period of the license.
5. The weekly or monthly sales day or days.
6. Such other information as the Department may determine.
Sec. 8. NRS 573.080 is hereby amended to read as follows:
573.080 [Licenses] A license to operate a public livestock auction must be renewed annually upon like application and procedure as in the case of an original [licenses.] license to operate a public livestock auction. An application for the renewal of the license must be accompanied by:
1. A full audit completed not more than 2 months before the date of the application which must be signed and certified as correct by a holder of a live permit issued pursuant to chapter 628 of NRS.
2. The name and address of the bank or credit union where the custodial account for consignors proceeds will be established and maintained by the operator of the public livestock auction in compliance with the provisions of NRS 573.104.
Sec. 9. NRS 573.125 is hereby amended to read as follows:
573.125 Each operator of a livestock auction or person who conducts an annual sale of livestock shall issue to each purchaser of livestock a receipt on a form approved by the Department, and the receipt must contain:
κ2019 Statutes of Nevada, Page 2612 (CHAPTER 417, SB 417)κ
1. The name and address of the purchaser of the livestock.
2. A description of the livestock, which must include the number and kind, approximate age, the sex, and any visible brands or other distinguishing or identifying marks.
Sec. 10. NRS 573.130 is hereby amended to read as follows:
573.130 1. Livestock that is under quarantine because of any contagious, infectious or communicable disease must not be consigned to or sold through any public livestock auction [.] or annual sale of livestock.
2. Livestock that is known to be infected with, or known to have been exposed to, any contagious, infectious or parasitic livestock disease must not be consigned to or sold through any public livestock auction or annual sale of livestock except under rules and regulations governing the consignments and sales adopted by the Department.
3. The Department may require such testing, treating and examining of livestock sold, traded, exchanged or handled at or through public livestock auctions or annual sales of livestock as in its judgment may be necessary to prevent the spread of infectious, contagious or parasitic diseases among the livestock of this state.
4. The Department may require operators of public livestock auctions or persons who conduct annual sales of livestock to reimburse the Department for actual expenses or any part thereof incurred in testing, treating and examining livestock sold, traded, exchanged or handled at or through those auctions.
Sec. 11. NRS 573.160 is hereby amended to read as follows:
573.160 To carry out the provisions of this chapter and to conduct inspections pursuant thereto, the Department or any authorized representative thereof may enter the establishment or premises where any public livestock auction or annual sale of livestock is held and inspect the records thereof at all reasonable times.
Sec. 12. NRS 573.183 is hereby amended to read as follows:
573.183 If the Director determines, on the basis of any verified complaint or of any inspection or investigation made by him or her pursuant to this chapter, that any operator of a public livestock auction or person who conducts an annual sale of livestock is violating or is about to violate any provision of this chapter for the protection of consignor creditors, the Director may order:
1. The operator or person to cease and desist from:
(a) Receiving or selling any livestock;
(b) Receiving or disbursing any money; or
(c) Any practice which violates any provision of this chapter or any other law or any rule, order or regulation issued pursuant to law.
2. Any bank or credit union which holds the custodial account of the operator, as required by NRS 573.104, to refrain from paying out any money from the account.
Κ The order ceases to be effective upon the expiration of 3 days, excluding Saturdays, Sundays and other nonjudicial days, after its date of issuance unless a court has, pursuant to NRS 573.185, issued an order which continues the restraint.
Sec. 13. NRS 573.185 is hereby amended to read as follows:
573.185 If any [licensee] operator of a public livestock auction or person who conducts an annual sale of livestock has engaged or is about to engage in any acts or practices which violate or will violate any of the provisions of this chapter or the rules and regulations adopted by the Department, the district court of any county, on application of the Director, may issue an injunction or other appropriate order restraining that conduct.
κ2019 Statutes of Nevada, Page 2613 (CHAPTER 417, SB 417)κ
Department, the district court of any county, on application of the Director, may issue an injunction or other appropriate order restraining that conduct. Proceedings under this section are governed by Rule 65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking is required in any action commenced by the Director.
Sec. 14. NRS 573.190 is hereby amended to read as follows:
573.190 1. Any person who [operates] :
(a) Operates a public livestock auction without a license required by this chapter [, or who violates] ;
(b) Conducts an annual sale of livestock without a limited license issued pursuant to section 1 of this act; or
(c) Violates any of the provisions of this chapter or of any rules or regulations adopted pursuant thereto,
Κ is guilty of a misdemeanor and, in addition to any criminal penalty, shall pay to the Department an administrative fine of not less than $1,000 and not more than $5,000 per violation. If an administrative fine is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorneys fees, may be recovered by the Department.
2. Each days operation in which livestock is sold or exchanged at any unlicensed public livestock auction or annual sale of livestock constitutes a separate offense.
3. Any money collected from the imposition of an administrative fine pursuant to subsection 1 must be accounted for separately and:
(a) Fifty percent of the money must be used to fund a program selected by the Director that provides loans to persons who are engaged in agriculture and who are 21 years of age or younger; and
(b) The remaining 50 percent of the money must be deposited in the Account for the Control of Weeds established by NRS 555.035.
Sec. 15. NRS 576.140 is hereby amended to read as follows:
576.140 Except as otherwise provided in NRS 576.042, the provisions of this chapter do not apply to:
1. The Nevada Mineral Exhibition, 4-H clubs, the Future Farmers of America, the Nevada Junior Livestock Show, the Nevada State Livestock Show, the Nevada Hereford Association, or any other nonprofit organization or association.
2. Any railroad transporting livestock interstate or intrastate.
3. Any farmer or rancher purchasing or receiving livestock for grazing, pasturing or feeding on his or her premises within the State of Nevada and not for immediate resale.
4. Operators of public livestock auctions as defined in NRS 573.010, and all buyers of livestock at those auctions at which the public livestock auction licensee does not control title or ownership to the livestock being sold or purchased at those auctions, and any person buying for interstate shipments only and subject to and operating under a bond required by the United States pursuant to the provisions of the Packers and Stockyards Act, 7 U.S.C. § 204, and the regulations adopted pursuant to those provisions.
5. Persons who conduct annual sales of livestock as defined in NRS 573.010.
6. Any farmer or rancher whose farm or ranch is located in the State of Nevada, who buys or receives farm products or livestock from another farmer or rancher not for immediate resale.
κ2019 Statutes of Nevada, Page 2614 (CHAPTER 417, SB 417)κ
[6.] 7. Any retail merchant having a fixed and established place of business in this state and who conducts a retail business exclusively.
Sec. 16. 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.
________
Senate Bill No. 477Senators Settelmeyer, Pickard; Goicoechea, Hammond, Hansen, Hardy, Kieckhefer, Ratti, Seevers Gansert, Spearman and Woodhouse
CHAPTER 418
[Approved: June 5, 2019]
AN ACT relating to child welfare; revising provisions governing the release of a child in a child welfare proceeding to a parent or guardian; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prohibits a court from releasing a child who has been placed in protective custody to a parent or guardian who has been convicted of the abuse, neglect or endangerment of a child under Nevada law unless the court finds by clear and convincing evidence that no physical or psychological harm to the child will result from the release of the child to the parent or guardian. (NRS 432B.555) This bill further makes this prohibition apply: (1) to the release of any child who is subject to the proceeding to such a parent, regardless of whether the child has been placed in protective custody; and (2) if the parent or guardian has been convicted of the law of another jurisdiction that prohibits the same or similar conduct as that prohibited by Nevada law.
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 432B.555 is hereby amended to read as follows:
432B.555 In any proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, if the court determines that a custodial parent or guardian of a child [who has been placed in protective custody] has ever been convicted of a violation of NRS 200.508 [,] or the law of another jurisdiction that prohibits the same or similar conduct, the court shall not release the child or any other child who is subject to the proceeding to that custodial parent or guardian unless the court finds by clear and convincing evidence presented at the proceeding that no physical or psychological harm to the child will result from the release of the child to that parent or guardian.
________
κ2019 Statutes of Nevada, Page 2615κ
Assembly Bill No. 378Assemblywoman Hansen
Joint Sponsors: Senators Hammond and Pickard
CHAPTER 419
[Approved: June 5, 2019]
AN ACT relating to mental health; requiring the model plan for the management of a crisis, emergency or suicide involving a school to include a plan for responding to a pupil with a mental illness; clarifying that consent from any parent or legal guardian of a person is not necessary for the emergency admission of that person; requiring a person who applies for the emergency admission of a child to attempt to obtain the consent of a parent or guardian of the child and maintain documentation of such an attempt; requiring the notification of a parent or guardian of a child of the emergency admission of the child; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Department of Education to develop a model plan for the management of a suicide or a crisis or emergency that involves a public or private school and requires immediate action. (NRS 388.253) Existing law requires the development of a plan to be used by all public schools in a school district or a charter school in responding to a crisis or emergency, which must include the plans, procedures and information included in the model plan developed by the Department. (NRS 388.243) Existing law authorizes the emergency admission of a person who is determined to present a clear and present danger of harm to himself, herself or others as a result of mental illness to a public or private mental health facility or hospital for evaluation, observation and treatment. (NRS 433A.150) Existing law authorizes certain persons to make an application for such an emergency admission, including an officer authorized to make arrests in this State. (NRS 433A.160) Section 1 of this bill requires the model plan to include a procedure for responding to a pupil who is determined to present a clear and present danger of harm to himself or herself or others as a result of mental illness, including: (1) utilizing mobile mental health crisis response units, where available; and (2) transporting the pupil to a mental health facility or hospital for admission. Section 5 of this bill requires the Department of Education to: (1) collaborate with the Department of Health and Human Services, consult with interested persons and consider the due process rights of pupils and parents when developing such procedures. The Department of Education is also required to provide periodic reports to and receive input from the Legislative Committee on Health Care concerning the development of the procedures and to collect data about the utilization of the procedures once developed.
Section 2 of this bill clarifies that such a facility or hospital may accept for emergency admission any person for whom a proper application for emergency admission has been made, regardless of whether any parent or legal guardian of the person has consented to such admission. Section 2.2 of this bill requires a person, other than a parent or guardian, who applies for the emergency admission of a person who is less than 18 years of age to attempt to obtain the consent of a parent or guardian to make the application when practicable. Section 2.2 requires the person who makes the application or his or her employer, if applicable, to maintain documentation of each such attempt.
κ2019 Statutes of Nevada, Page 2616 (CHAPTER 419, AB 378)κ
Existing law requires the administrative officer of a mental health facility to ask a person who is admitted to the facility on an emergency basis for permission to notify a family member, friend or other person. If the person provides such permission, the administrator is required to notify the family member, friend or other person. If permission is not given, the administrator is prohibited from notifying another person of the emergency admission in most circumstances. (NRS 433A.190, as amended by section 14 of Assembly Bill No. 85 of the 2019 Legislative Session) Section 4 of this bill limits the application of these provisions to the emergency admission of a person who is at least 18 years of age. Section 1.3 of this bill requires a mental health facility or hospital to notify a parent or guardian within 24 hours of the emergency admission of a person who is less than 18 years of age. Section 1.6 of this bill makes 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 388.253 is hereby amended to read as follows:
388.253 1. The Department shall, with assistance from other state agencies, including, without limitation, the Division of Emergency Management, the Investigation Division, and the Nevada Highway Patrol Division of the Department of Public Safety, develop a model plan for the management of:
(a) A suicide; or
(b) A crisis or emergency that involves a public school or a private school and that requires immediate action.
2. The model plan must include, without limitation, a procedure for:
(a) In response to a crisis or emergency:
(1) Coordinating the resources of local, state and federal agencies, officers and employees, as appropriate;
(2) Accounting for all persons within a school;
(3) Assisting persons within a school in a school district, a charter school or a private school to communicate with each other;
(4) Assisting persons within a school in a school district, a charter school or a private school to communicate with persons located outside the school, including, without limitation, relatives of pupils and relatives of employees of such a school, the news media and persons from local, state or federal agencies that are responding to a crisis or an emergency;
(5) Assisting pupils of a school in the school district, a charter school or a private school, employees of such a school and relatives of such pupils and employees to move safely within and away from the school, including, without limitation, a procedure for evacuating the school and a procedure for securing the school;
(6) Reunifying a pupil with his or her parent or legal guardian;
(7) Providing any necessary medical assistance;
(8) Recovering from a crisis or emergency;
(9) Carrying out a lockdown at a school; and
(10) Providing shelter in specific areas of a school;
(b) Providing specific information relating to managing a crisis or emergency that is a result of:
κ2019 Statutes of Nevada, Page 2617 (CHAPTER 419, AB 378)κ
(1) An incident involving hazardous materials;
(2) An incident involving mass casualties;
(3) An incident involving an active shooter;
(4) An outbreak of disease;
(5) Any threat or hazard identified in the hazard mitigation plan of the county in which the school district is located, if such a plan exists; or
(6) Any other situation, threat or hazard deemed appropriate;
(c) Providing pupils and staff at a school that has experienced a crisis, emergency or suicide with access to counseling and other resources to assist in recovering from the crisis, emergency or suicide; [and]
(d) Evacuating pupils and employees of a charter school to a designated space within an identified public middle school, junior high school or high school in a school district that is separate from the general population of the school and large enough to accommodate the charter school, and such a space may include, without limitation, a gymnasium or multipurpose room of the public school [.] ; and
(e) Responding to a pupil who is determined to be a person with mental illness, as defined in NRS 433A.115, including, without limitation:
(1) Utilizing mobile mental health crisis response units, where available, before transporting the pupil to a public or private mental health facility pursuant to subparagraph (2); and
(2) Transporting the pupil to a public or private mental health facility or hospital for admission pursuant to NRS 433A.150.
3. In developing the model plan, the Department shall consider the plans developed pursuant to NRS 388.243 and 394.1687 and updated pursuant to NRS 388.245 and 394.1688.
4. The Department shall require a school district to ensure that each public school in the school district identified pursuant to paragraph (d) of subsection 2 is prepared to allow a charter school to evacuate to the school when necessary in accordance with the procedure included in the model plan developed pursuant to subsection 1. A charter school shall hold harmless, indemnify and defend the school district to which it evacuates during a crisis or an emergency against any claim or liability arising from an act or omission by the school district or an employee or officer of the school district.
5. The Department may disseminate to any appropriate local, state or federal agency, officer or employee, as the Department determines is necessary:
(a) The model plan developed by the Department pursuant to subsection 1;
(b) A plan developed pursuant to NRS 388.243 or updated pursuant to NRS 388.245;
(c) A plan developed pursuant to NRS 394.1687 or updated pursuant to NRS 394.1688; and
(d) A deviation approved pursuant to NRS 388.251 or 394.1692.
6. The Department shall, at least once each year, review and update as appropriate the model plan developed pursuant to subsection 1.
Sec. 1.3. Chapter 433A of NRS is hereby amended by adding thereto a new section to read as follows:
As soon as practicable but not more than 24 hours after the emergency admission of a person alleged to be a person with mental illness who is under 18 years of age, the administrative officer of the public or private mental health facility shall give notice of such admission in person, by telephone or facsimile and by certified mail to the parent or legal guardian of that person.
κ2019 Statutes of Nevada, Page 2618 (CHAPTER 419, AB 378)κ
mental health facility shall give notice of such admission in person, by telephone or facsimile and by certified mail to the parent or legal guardian of that person.
Sec. 1.6. NRS 433A.115 is hereby amended to read as follows:
433A.115 1. As used in NRS 433A.115 to 433A.330, inclusive, and section 1.3 of this act, unless the context otherwise requires, person with mental illness means any person whose capacity to exercise self-control, judgment and discretion in the conduct of the persons affairs and social relations or to care for his or her personal needs is diminished, as a result of a mental illness, to the extent that the person presents a clear and present danger of harm to himself or herself or others, but does not include any person in whom that capacity is diminished by epilepsy, intellectual disability, dementia, delirium, brief periods of intoxication caused by alcohol or drugs, or dependence upon or addiction to alcohol or drugs, unless a mental illness that can be diagnosed is also present which contributes to the diminished capacity of the person.
2. A person presents a clear and present danger of harm to himself or herself if, within the immediately preceding 30 days, the person has, as a result of a mental illness:
(a) Acted in a manner from which it may reasonably be inferred that, without the care, supervision or continued assistance of others, the person will be unable to satisfy his or her need for nourishment, personal or medical care, shelter, self-protection or safety, and if there exists a reasonable probability that the persons death, serious bodily injury or physical debilitation will occur within the next following 30 days unless he or she is admitted to a mental health facility or required to participate in a program of community-based or outpatient services pursuant to the provisions of NRS 433A.115 to 433A.330, inclusive, and section 1.3 of this act and adequate treatment is provided to the person;
(b) Attempted or threatened to commit suicide or committed acts in furtherance of a threat to commit suicide, and if there exists a reasonable probability that the person will commit suicide unless he or she is admitted to a mental health facility or required to participate in a program of community-based or outpatient services pursuant to the provisions of NRS 433A.115 to 433A.330, inclusive, and section 1.3 of this act and adequate treatment is provided to the person; or
(c) Mutilated himself or herself, attempted or threatened to mutilate himself or herself or committed acts in furtherance of a threat to mutilate himself or herself, and if there exists a reasonable probability that he or she will mutilate himself or herself unless the person is admitted to a mental health facility or required to participate in a program of community-based or outpatient services pursuant to the provisions of NRS 433A.115 to 433A.330, inclusive, and section 1.3 of this act and adequate treatment is provided to the person.
3. A person presents a clear and present danger of harm to others if, within the immediately preceding 30 days, the person has, as a result of a mental illness, inflicted or attempted to inflict serious bodily harm on any other person, or made threats to inflict harm and committed acts in furtherance of those threats, and if there exists a reasonable probability that he or she will do so again unless the person is admitted to a mental health facility or required to participate in a program of community-based or outpatient services pursuant to the provisions of NRS 433A.115 to 433A.330, inclusive, and section 1.3 of this act and adequate treatment is provided to him or her.
κ2019 Statutes of Nevada, Page 2619 (CHAPTER 419, AB 378)κ
facility or required to participate in a program of community-based or outpatient services pursuant to the provisions of NRS 433A.115 to 433A.330, inclusive, and section 1.3 of this act and adequate treatment is provided to him or her.
Sec. 2. NRS 433A.150 is hereby amended to read as follows:
433A.150 1. [Any] Except as otherwise provided in this subsection, a person alleged to be a person with mental illness may, upon application pursuant to NRS 433A.160 and subject to the provisions of subsection 2, be detained in a public or private mental health facility or hospital under an emergency admission for evaluation, observation and treatment [.] , regardless of whether any parent or legal guardian of the person has consented to the admission.
2. Except as otherwise provided in subsection 3, a person detained pursuant to subsection 1 must be released within 72 hours, including weekends and holidays, after the certificate required pursuant to NRS 433A.170 and the examination required by paragraph (a) of subsection 1 of NRS 433A.165 have been completed, if such an examination is required, or within 72 hours, including weekends and holidays, after the person arrives at the mental health facility or hospital, if an examination is not required by paragraph (a) of subsection 1 of NRS 433A.165, unless, before the close of the business day on which the 72 hours expires, a written petition for an involuntary court-ordered admission to a mental health facility is filed with the clerk of the district court pursuant to NRS 433A.200, including, without limitation, the documents required pursuant to NRS 433A.210, or the status of the person is changed to a voluntary admission.
3. If the period specified in subsection 2 expires on a day on which the office of the clerk of the district court is not open, the written petition must be filed on or before the close of the business day next following the expiration of that period.
Sec. 2.2. NRS 433A.160 is hereby amended to read as follows:
433A.160 1. Except as otherwise provided in subsection 2, an application for the emergency admission of a person alleged to be a person with mental illness for evaluation, observation and treatment may only be made by an accredited agent of the Department, an officer authorized to make arrests in the State of Nevada or a physician, physician assistant, psychologist, marriage and family therapist, clinical professional counselor, social worker or registered nurse. The agent, officer, physician, physician assistant, psychologist, marriage and family therapist, clinical professional counselor, social worker or registered nurse may:
(a) Without a warrant:
(1) Take a person alleged to be a person with mental illness into custody to apply for the emergency admission of the person for evaluation, observation and treatment; and
(2) Transport the person alleged to be a person with mental illness to a public or private mental health facility or hospital for that purpose, or arrange for the person to be transported by:
(I) A local law enforcement agency;
(II) A system for the nonemergency medical transportation of persons whose operation is authorized by the Nevada Transportation Authority;
(III) An entity that is exempt pursuant to NRS 706.745 from the provisions of NRS 706.386 or 706.421; or
κ2019 Statutes of Nevada, Page 2620 (CHAPTER 419, AB 378)κ
(IV) If medically necessary, an ambulance service that holds a permit issued pursuant to the provisions of chapter 450B of NRS,
Κ only if the agent, officer, physician, physician assistant, psychologist, marriage and family therapist, clinical professional counselor, social worker or registered nurse has, based upon his or her personal observation of the person alleged to be a person with mental illness, probable cause to believe that the person has a mental illness and, because of that illness, is likely to harm himself or herself or others if allowed his or her liberty.
(b) Apply to a district court for an order requiring:
(1) Any peace officer to take a person alleged to be a person with mental illness into custody to allow the applicant for the order to apply for the emergency admission of the person for evaluation, observation and treatment; and
(2) Any agency, system or service described in subparagraph (2) of paragraph (a) to transport the person alleged to be a person with mental illness to a public or private mental health facility or hospital for that purpose.
Κ The district court may issue such an order only if it is satisfied that there is probable cause to believe that the person has a mental illness and, because of that illness, is likely to harm himself or herself or others if allowed his or her liberty.
2. An application for the emergency admission of a person alleged to be a person with mental illness for evaluation, observation and treatment may be made by a spouse, parent, adult child or legal guardian of the person. The spouse, parent, adult child or legal guardian and any other person who has a legitimate interest in the person alleged to be a person with mental illness may apply to a district court for an order described in paragraph (b) of subsection 1.
3. The application for the emergency admission of a person alleged to be a person with mental illness for evaluation, observation and treatment must reveal the circumstances under which the person was taken into custody and the reasons therefor.
4. To the extent practicable, a person who applies for the emergency admission of a person who is less than 18 years of age to a public or private mental health facility or hospital, other than a parent or guardian, shall attempt to obtain the consent of the parent or guardian before making the application. The person who applies for the emergency admission or, if the person makes the application within the scope of his or her employment, the employer of the person, shall maintain documentation of each such attempt until the person who is the subject of the application reaches at least 23 years of age.
5. Except as otherwise provided in this subsection, each person admitted to a public or private mental health facility or hospital under an emergency admission must be evaluated at the time of admission by a psychiatrist or a psychologist. If a psychiatrist or a psychologist is not available to conduct an evaluation at the time of admission, a physician or an advanced practice registered nurse who has the training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 may conduct the evaluation. Each such emergency admission must be approved by a psychiatrist.
κ2019 Statutes of Nevada, Page 2621 (CHAPTER 419, AB 378)κ
[5.] 6. As used in this section, an accredited agent of the Department means any person appointed or designated by the Director of the Department to take into custody and transport to a mental health facility pursuant to subsections 1 and 2 those persons in need of emergency admission.
Secs. 2.5 and 3. (Deleted by amendment.)
Sec. 4. Section 14 of Assembly Bill No. 85 of this session is hereby amended to read as follows:
Sec. 14. NRS 433A.190 is hereby amended to read as follows:
433A.190 1. The administrative officer of a public or private mental health facility shall ensure that, within 24 hours of the emergency admission of a person alleged to be a person in a mental health crisis pursuant to NRS 433A.150 [,] who is at least 18 years of age, the person is asked to give permission to provide notice of the emergency admission to a family member, friend or other person identified by the person.
2. If a person alleged to be a person in a mental health crisis who is at least 18 years of age gives permission to notify a family member, friend or other person of the emergency admission, the administrative officer shall ensure that:
(a) The permission is recorded in the medical record of the person; and
(b) Notice of the admission is promptly provided to the family member, friend or other person in person or by telephone, facsimile, other electronic communication or certified mail.
3. Except as otherwise provided in subsections 4 and 5, if a person alleged to be a person in a mental health crisis who is at least 18 years of age does not give permission to notify a family member, friend or other person of the emergency admission of the person, notice of the emergency admission must not be provided until permission is obtained.
4. If a person alleged to be a person in a mental health crisis who is at least 18 years of age is not able to give or refuse permission to notify a family member, friend or other person of the emergency admission, the administrative officer of the mental health facility may cause notice as described in paragraph (b) of subsection 2 to be provided if the administrative officer determines that it is in the best interest of the person in a mental health crisis.
5. If a guardian has been appointed for a person alleged to be a person in a mental health crisis who is at least 18 years of age or the person has executed a durable power of attorney for health care pursuant to NRS 162A.700 to 162A.865, inclusive, or appointed an attorney-in-fact using an advance directive for psychiatric care pursuant to NRS 449A.600 to 449A.645, inclusive, the administrative officer of the mental health facility must ensure that the guardian, agent designated by the durable power of attorney or the attorney-in-fact, as applicable, is promptly notified of the admission as described in paragraph (b) of subsection 2, regardless of whether the person alleged to be a person in a mental health crisis has given permission to the notification.
κ2019 Statutes of Nevada, Page 2622 (CHAPTER 419, AB 378)κ
Sec. 5. 1. When developing procedures for the model plan relating to paragraph (e) of subsection 2 of NRS 388.253, as amended by section 1 of this act, the Department of Education shall:
(a) Collaborate with the Department of Health and Human Services;
(b) Engage stakeholders, including, without limitation, parents and guardians of pupils and child advocates to obtain meaningful, open and transparent input concerning the procedures;
(c) Consider the due process rights of pupils and parents and guardians of pupils; and
(d) Provide periodic reports to and receive input from the Legislative Committee on Health Care.
2. The Department of Education shall collect relevant data concerning the utilization of the procedures described in subsection 1 when developed.
Sec. 6. This act becomes effective upon passage and approval.
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Assembly Bill No. 62Committee on Natural Resources, Agriculture, and Mining
CHAPTER 420
[Approved: June 5, 2019]
AN ACT relating to water; requiring the State Engineer to adopt regulations relating to the time for the completion of work and the application of water to beneficial use; requiring the State Engineer to conduct a survey relating to extensions of time to perfect a water right; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Upon approving an application for a permit to appropriate water, existing law: (1) requires the State Engineer to set a deadline by which the construction related to the appropriation of water must be completed and application of water to beneficial use must be made; and (2) authorizes the State Engineer to extend those deadlines under certain circumstances. With limited exceptions, any number of extensions may be granted, but a single extension may not exceed 5 years. (NRS 533.380, 533.390, 533.410)
Section 1.5 of this bill requires the State Engineer to adopt regulations to carry out these provisions.
Section 4 of this bill requires the State Engineer to conduct a survey during the 2019-2020 interim to determine how other jurisdictions in the United States manage extensions of time to perfect a water right.
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.)
κ2019 Statutes of Nevada, Page 2623 (CHAPTER 420, AB 62)κ
Sec. 1.5. NRS 533.380 is hereby amended to read as follows:
533.380 1. Except as otherwise provided in subsection 5, in an endorsement of approval upon any application, the State Engineer shall:
(a) Set a time before which the construction of the work must be completed, which must be within 5 years after the date of approval.
(b) Except as otherwise provided in this paragraph, set a time before which the complete application of water to a beneficial use must be made, which must not exceed 10 years after the date of the approval. The time set under this paragraph respecting an application for a permit to apply water to a municipal or quasi-municipal use on any land:
(1) For which a final subdivision map has been recorded pursuant to chapter 278 of NRS;
(2) For which a plan for the development of a project has been approved by the local government pursuant to NRS 278.010 to 278.460, inclusive; or
(3) On any land for which a plan for the development of a planned unit development has been recorded pursuant to chapter 278A of NRS,
Κ must not be less than 5 years.
2. The State Engineer may limit the applicant to a smaller quantity of water, to a shorter time for the completion of work, and, except as otherwise provided in paragraph (b) of subsection 1, to a shorter time for the perfecting of the application than named in the application.
3. Except as otherwise provided in subsection 4 and NRS 533.395 and 533.4377, the State Engineer may, for good cause shown, grant any number of extensions of time within which construction work must be completed, or water must be applied to a beneficial use under any permit therefor issued by the State Engineer, but a single extension of time must not exceed 5 years. An application for the extension must in all cases be:
(a) Made within 30 days following notice by registered or certified mail that proof of the work is due as provided for in NRS 533.390 and 533.410; and
(b) Accompanied by proof and evidence of the good faith and reasonable diligence with which the applicant is pursuing the perfection of the application.
Κ The State Engineer shall not grant an extension of time unless the State Engineer determines from the proof and evidence so submitted that the applicant is proceeding in good faith and with reasonable diligence to perfect the application. The failure to provide the proof and evidence required pursuant to this subsection is prima facie evidence that the holder is not proceeding in good faith and with reasonable diligence to perfect the application.
4. Except as otherwise provided in subsection 5 and NRS 533.395, whenever the holder of a permit issued for any municipal or quasi-municipal use of water on any land referred to in paragraph (b) of subsection 1, or for any use which may be served by a county, city, town, public water district or public water company, requests an extension of time to apply the water to a beneficial use, the State Engineer shall, in determining whether to grant or deny the extension, consider, among other factors:
(a) Whether the holder has shown good cause for not having made a complete application of the water to a beneficial use;
κ2019 Statutes of Nevada, Page 2624 (CHAPTER 420, AB 62)κ
(b) The number of parcels and commercial or residential units which are contained in or planned for the land being developed or the area being served by the county, city, town, public water district or public water company;
(c) Any economic conditions which affect the ability of the holder to make a complete application of the water to a beneficial use;
(d) Any delays in the development of the land or the area being served by the county, city, town, public water district or public water company which were caused by unanticipated natural conditions; and
(e) The period contemplated in the:
(1) Plan for the development of a project approved by the local government pursuant to NRS 278.010 to 278.460, inclusive; or
(2) Plan for the development of a planned unit development recorded pursuant to chapter 278A of NRS,
Κ if any, for completing the development of the land.
5. The provisions of subsections 1 and 4 do not apply to an environmental permit or a temporary permit issued pursuant to NRS 533.436 or 533.504.
6. For the purposes of this section, the measure of reasonable diligence is the steady application of effort to perfect the application in a reasonably expedient and efficient manner under all the facts and circumstances. When a project or integrated system is composed of several features, work on one feature of the project or system may be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system.
7. The State Engineer shall:
(a) Adopt any regulation necessary to carry out the provisions of this section; and
(b) Provide a copy of such regulations to any person upon request.
Secs. 2 and 3. (Deleted by amendment.)
Sec. 4. 1. The State Engineer shall conduct a survey during the 2019-2020 interim to determine the manner in which other jurisdictions within the United States manage extensions of time for the perfection of a right to appropriate water.
2. The State Engineer shall, on or before January 1, 2021, submit a report of his or her findings and conclusions to the Director of the Legislative Counsel Bureau for transmittal to the 81st Session of the Nevada Legislature.
Sec. 5. This act becomes effective upon passage and approval.
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