[Rev. 12/20/2019 5:11:44 PM]
κ2019 Statutes of Nevada, Page 4169κ
Assembly Bill No. 291Assemblywoman Jauregui
CHAPTER 622
[Approved: June 14, 2019]
AN ACT relating to public safety; establishing provisions governing certain orders for protection against high-risk behavior; defining certain terms relating to the issuance of such orders; prescribing certain conduct and acts that constitute high-risk behavior; authorizing certain persons to apply for ex parte and extended orders for protection against high-risk behavior under certain circumstances; providing for the issuance and enforcement of such orders; prohibiting a person against whom such an order is issued from possessing or having under his or her custody or control, or purchasing or otherwise acquiring, any firearm during the period in which the order is in effect; establishing certain other procedures relating to such orders; prohibiting the filing of an application for such orders under certain circumstances; making it a crime to violate such orders; prohibiting certain acts relating to the modification of a semiautomatic firearm; reducing the concentration of alcohol that may be present in the blood or breath of a person while in possession of a firearm; making it a crime to negligently store or leave a firearm under certain circumstances; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a court to issue certain temporary or extended orders for protection. (NRS 33.020, 33.270, 33.400) Sections 2-22 of this bill similarly establish procedures for the issuance of ex parte or extended orders when a person poses a risk of personal injury to himself or herself or another person under certain circumstances. Sections 4-9 of this bill set forth certain definitions relating to such orders. Section 10 of this bill prescribes certain acts and conduct which constitute high-risk behavior for the purposes of the issuance of such orders.
Section 11 of this bill authorizes a family or household member or a law enforcement officer to file a verified application to obtain an ex parte or extended order against a person who poses a risk of causing personal injury to himself or herself or another person by possessing or having under his or her custody or control or by purchasing or otherwise acquiring any firearm. Section 12 of this bill requires a court to issue an ex parte order pursuant to a verified application if the court finds by a preponderance of the evidence: (1) that a person poses an imminent risk of causing personal injury to himself or herself or another person by possessing or having under his or her custody or control or by purchasing or otherwise acquiring any firearm; (2) the person has engaged in high-risk behavior; and (3) less restrictive options have been exhausted or are not effective. Section 13 of this bill requires a court to issue an extended order pursuant to a verified application if the court finds by clear and convincing evidence: (1) that a person poses a risk of causing personal injury to himself or herself or another person by possessing or having under his or her custody or control or by purchasing or otherwise acquiring any firearm; (2) the person has engaged in high-risk behavior; and (3) less restrictive options have been exhausted or are not effective. Section 21 of this bill provides that a person who files a verified application for such an order: (1) which he or she knows or has reason to know is false or misleading; or (2) with the intent to harass the adverse party, is guilty of a misdemeanor.
κ2019 Statutes of Nevada, Page 4170 (CHAPTER 622, AB 291)κ
Section 14 of this bill requires the adverse party against whom an ex parte or extended order is issued to surrender any firearm in his or her possession or under his or her custody or control and prohibits the party from possessing or having under his or her custody or control any firearm while the order is in effect. Sections 15-18 of this bill establish additional procedures related to: (1) the issuance and enforcement of such ex parte and extended orders; and (2) the surrender and return of the firearms of the adverse party. Section 19 of this bill provides that orders issued pursuant to this bill are effective as follows: (1) for an ex parte order, a period of 7 days; and (2) for an extended order, a period of 1 year.
Section 22 of this bill provides that a person who violates an ex parte or extended order is guilty of a misdemeanor.
Existing law provides that a person who commits certain crimes that are punishable as a felony in violation of certain orders for protection is subject to an additional penalty. (NRS 193.166) Section 24 of this bill includes a felony committed in violation of an ex parte or extended order, as defined in this bill, to the list of violations which result in an additional penalty.
Section 25 of this bill prohibits a person from importing, selling, manufacturing, transferring, receiving or possessing: (1) any manual, power-driven or electronic device that is designed such that when the device is attached to a semiautomatic firearm, the device eliminates the need for the operator of the semiautomatic firearm to make a separate movement for each individual function of the trigger and materially increases the rate of fire of the semiautomatic firearm or approximates the action or rate of fire of a machine gun; (2) any part or combination of parts that functions to eliminate the need for the operator of the semiautomatic firearm to make a separate movement for each individual function of the trigger and materially increases the rate of fire of the semiautomatic firearm or approximates the action or rate of fire of a machine gun; or (3) any semiautomatic firearm that has been modified in any way that eliminates the need for the operator of the semiautomatic firearm to make a separate movement for each individual function of the trigger and materially increases the rate of fire of the semiautomatic firearm or approximates the action or rate of fire of a machine gun. Section 25 does not apply to employees of a law enforcement agency or members of the Armed Forces of the United States who are carrying out official duties. Section 29 of this bill makes a conforming change.
Section 27 of this bill reduces the allowable concentration of alcohol that may be present in the blood or breath of a person who is in possession of a firearm from 0.10 to 0.08. (NRS 202.257)
Existing law prohibits a child under the age of 18 years from handling, possessing or controlling a firearm under certain circumstances. Existing law also prohibits a person from aiding or knowingly permitting a child to handle, possess or control a firearm under certain circumstances and sets forth penalties upon a person who is found guilty of such an offense. A person does not aid or knowingly permit a child to violate such existing law if the firearm was stored in a securely locked container or at a location which a reasonable person would have believed to be secure. (NRS 202.300) Section 28 of this bill makes it a misdemeanor to negligently store or leave a firearm at a location under his or her control, if a person knows or has reason to know that there is a substantial risk that a child, who is otherwise prohibited from handling, possessing or controlling a firearm, may obtain such a firearm.
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 33 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 22, inclusive, of this act.
Sec. 2. As used in sections 2 to 22, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 9, inclusive, of this act have the meanings ascribed to them in those sections.
κ2019 Statutes of Nevada, Page 4171 (CHAPTER 622, AB 291)κ
Sec. 3. (Deleted by amendment.)
Sec. 4. Adverse party means a natural person who is named in an application for an order of protection against high-risk behavior.
Sec. 5. Ex parte order means an ex parte order for protection against high-risk behavior.
Sec. 6. Extended order means an extended order for protection against high-risk behavior.
Secs. 7 and 8. (Deleted by amendment.)
Sec. 9. Family or household member means, with respect to an adverse party, any:
1. Person related by blood, adoption or marriage to the adverse party within the first degree of consanguinity;
2. Person who has a child in common with the adverse party, regardless of whether the person has been married to the adverse party or has lived together with the adverse party at any time;
3. Domestic partner of the adverse party;
4. Person who has a biological or legal parent and child relationship with the adverse party, including, without limitation, a natural parent, adoptive parent, stepparent, stepchild, grandparent or grandchild;
5. Person who is acting or has acted as a guardian to the adverse party; or
6. Person who is currently in a dating or ongoing intimate relationship with the adverse party.
Sec. 10. 1. High-risk behavior occurs when a person:
(a) Uses, attempts to use or threatens the use of physical force against another person;
(b) Communicates a threat of imminent violence toward himself or herself or against another person;
(c) Commits an act of violence directed toward himself or herself or another person;
(d) Engages in a pattern of threats of violence or acts of violence against himself or herself or another person, including, without limitation, threats of violence or acts of violence that have caused another person to be in reasonable fear of physical harm to himself or herself;
(e) Exhibits conduct which a law enforcement officer reasonably determines would present a serious and imminent threat to the safety of the public;
(f) Engages in conduct which presents a danger to himself or herself or another person while:
(1) In possession, custody or control of a firearm; or
(2) Purchasing or otherwise acquiring a firearm;
(g) Abuses a controlled substance or alcohol while engaging in high-risk behavior as described in this section; or
(h) Acquires a firearm or other deadly weapon within the immediately preceding 6 months before the person otherwise engages in high-risk behavior as described in this section.
2. For the purposes of this section, a person shall be deemed to engage in high-risk behavior if he or she has previously been convicted of:
(a) Violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.020;
(b) Violating a temporary or extended order for protection against sexual assault issued pursuant to NRS 200.378; or
κ2019 Statutes of Nevada, Page 4172 (CHAPTER 622, AB 291)κ
(c) A crime of violence, as defined in NRS 200.408, punishable as a felony.
Sec. 11. 1. A law enforcement officer who has probable cause to believe that a person poses a risk of causing personal injury to himself or herself or another person by possessing or having under his or her custody or control or by purchasing or otherwise acquiring any firearm may file a verified application for an ex parte or extended order.
2. A family or household member who reasonably believes that a person poses a risk of causing personal injury to himself or herself or another person by possessing or having under his or her custody or control or by purchasing or otherwise acquiring any firearm may file a verified application for an ex parte or extended order.
3. A verified application filed pursuant to this section must include, without limitation:
(a) The name of the person seeking the order and whether he or she is requesting an ex parte order or an extended order;
(b) The name and address, if known, of the person who is alleged to pose a risk pursuant to subsection 1 or 2; and
(c) A detailed description of the conduct and acts that constitute high-risk behavior and the dates on which the high-risk behavior occurred.
4. Service of an application for an extended order and the notice of hearing thereon must be served upon the adverse party pursuant to the Nevada Rules of Civil Procedure.
Sec. 12. 1. The court shall issue an ex parte order if the court finds by a preponderance of the evidence from facts shown by a verified application filed pursuant to section 11 of this act:
(a) That a person poses an imminent risk of causing personal injury to himself or herself or another person by possessing or having under his or her custody or control or by purchasing or otherwise acquiring any firearm;
(b) The person engaged in high-risk behavior; and
(c) Less restrictive options have been exhausted or are not effective.
2. The court may require the person who filed the verified application or the adverse party, or both, to appear before the court before determining whether to issue an ex parte order.
3. An ex parte order may be issued with or without notice to the adverse party.
4. Except as otherwise provided in this subsection, a hearing must not be held by telephone. The court shall hold a hearing on the ex parte order and shall issue or deny the ex parte order on the day the verified application is filed or the judicial day immediately following the day the verified application is filed. If the verified application is filed by a law enforcement officer, the court may hold the hearing on the ex parte order by telephone, which must be recorded in the presence of the magistrate or in the immediate vicinity of the magistrate by a certified court reporter or by electronic means. Any such recording must be transcribed, certified by the reporter if the reporter made the recording and certified by the magistrate. The certified transcript must be filed with the clerk of the court.
5. A hearing on an application for an ex parte order must be held within 7 calendar days after the date on which the verified application for the order is filed.
κ2019 Statutes of Nevada, Page 4173 (CHAPTER 622, AB 291)κ
6. In a county whose population is 100,000 or more, the court shall be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to receive communications by telephone and for the issuance of an ex parte order pursuant to subsection 4.
7. In a county whose population is less than 100,000, the court may be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to receive communications by telephone and for the issuance of an ex parte order pursuant to subsection 4.
8. The clerk of the court shall inform the applicant and the adverse party upon the successful transfer of information concerning the registration to the Central Repository for Nevada Records of Criminal History as required pursuant to NRS 33.095.
Sec. 13. 1. The court shall issue an extended order if the court finds by clear and convincing evidence from facts shown by a verified application filed pursuant to section 11 of this act:
(a) That a person poses a risk of causing personal injury to himself or herself or another person by possessing or having under his or her custody or control or by purchasing or otherwise acquiring any firearm;
(b) The person engaged in high-risk behavior; and
(c) Less restrictive options have been exhausted or are not effective.
2. A hearing on an application for an extended order must be held within 7 calendar days after the date on which the application for the extended order is filed.
3. The clerk of the court shall inform the applicant and the adverse party upon the successful transfer of information concerning the registration to the Central Repository for Nevada Records of Criminal History as required pursuant to NRS 33.095.
Sec. 14. Each ex parte or extended order issued pursuant to section 12 or 13 of this act must:
1. Require the adverse party to surrender any firearm in his or her possession or under his or her custody or control in the manner set forth in section 15 of this act.
2. Prohibit the adverse party from possessing or having under his or her custody or control any firearm while the order is in effect.
3. Include a provision ordering any law enforcement officer to arrest the adverse party with a warrant, or without a warrant if the officer has probable cause to believe that the person has been served with a copy of the order and has violated a provision of the order.
4. State the reasons for the issuance of the order.
5. Include instructions for surrendering any firearm as ordered by the court.
6. State the time and date on which the order expires.
7. Require the adverse party to surrender any permit issued pursuant to NRS 202.3657.
8. Include the following statement:
WARNING
This is an official court order. If you disobey this order, you may be arrested and prosecuted for the crime of violating an ex parte or extended order and any other crime that you may have committed in disobeying this order.
κ2019 Statutes of Nevada, Page 4174 (CHAPTER 622, AB 291)κ
Sec. 15. 1. After a court orders an adverse party to surrender any firearm pursuant to section 14 of this act, the adverse party shall, immediately after service of the order:
(a) Surrender any firearm in his or her possession or under his or her custody or control to the appropriate law enforcement agency designated by the court in the order; or
(b) Surrender any firearm in his or her possession or under his or her custody or control to a person, other than a person who resides with the adverse party, designated by the court in the order.
2. If the court orders the adverse party to surrender any firearm to a law enforcement agency pursuant to paragraph (a) of subsection 1, the law enforcement agency shall provide the adverse party with a receipt which includes a description of each firearm surrendered and the adverse party shall, not later than 72 hours or 1 business day, whichever is later, after surrendering any such firearm, provide the original receipt to the court. The law enforcement agency shall store any such firearm or may contract with a licensed firearm dealer to provide storage.
3. If the court orders the adverse party to surrender any firearm to a person designated by the court pursuant to paragraph (b) of subsection 1, the adverse party shall, not later than 72 hours or 1 business day, whichever is later, after surrendering any such firearm, provide to the court and the appropriate law enforcement agency the name and address of the person designated in the order and a written description of each firearm surrendered.
4. If there is probable cause to believe that the adverse party has not surrendered any firearm in his or her possession or under his or her custody or control within the time set forth in subsections 2 and 3, the court may issue and deliver to any law enforcement officer a search warrant which authorizes the officer to enter and search any place where there is probable cause to believe any such firearm is located and seize the firearm.
5. If, while executing a search warrant pursuant to subsection 4, the health or safety of the officer or the adverse party is put at risk because of any action of the adverse party, the law enforcement officer is under no duty to continue to attempt to execute the search warrant and the execution of the warrant shall be deemed unsuccessful. If such execution is unsuccessful, the law enforcement agency shall, as soon as practicable after the risk has subsided, attempt to execute the search warrant until the search warrant is successfully executed.
6. A law enforcement agency shall return any surrendered or seized firearm to the adverse party:
(a) In the manner provided by the policies and procedures of the law enforcement agency;
(b) After confirming that:
(1) The adverse party is eligible to own or possess a firearm under state and federal law; and
(2) Any ex parte or extended order issued pursuant to section 12 or 13 of this act is dissolved or no longer in effect; and
(c) As soon as practicable but not more than 14 days after the dissolution of an ex parte or extended order.
κ2019 Statutes of Nevada, Page 4175 (CHAPTER 622, AB 291)κ
7. If a person other than the adverse party claims title to any firearm surrendered or seized pursuant to this section and he or she is determined by the law enforcement agency to be the lawful owner, the firearm must be returned to him or her, if:
(a) The lawful owner agrees to store the firearm in a manner such that the adverse party does not have access to or control of the firearm; and
(b) The law enforcement agency determines that:
(1) The firearm is not otherwise unlawfully possessed by the lawful owner; and
(2) The person is eligible to own or possess a firearm under state or federal law.
8. As used in this section, licensed firearm dealer means a person licensed pursuant to 18 U.S.C. § 923(a).
Sec. 16. 1. The clerk of the court or other person designated by the court shall provide any family or household member who files a verified application pursuant to section 11 of this act or any adverse party, free of cost, with information about the:
(a) Availability of ex parte or extended orders;
(b) Procedures for filing an application for such an order;
(c) Procedures for modifying, dissolving or renewing such an order; and
(d) Right to proceed without counsel.
2. The clerk of the court or other person designated by the court shall assist any person in completing and filing the application, affidavit and any other paper or pleading necessary to initiate or respond to an application for an ex parte or extended order. This assistance does not constitute the practice of law, but the clerk shall not render any advice or service that requires the professional judgment of an attorney.
Sec. 17. 1. The court shall transmit, by the end of the next business day after an ex parte or extended order is issued or renewed, a copy of the order to the appropriate law enforcement agency.
2. The court shall order the appropriate law enforcement agency to serve, without charge, the adverse party personally with the ex parte or extended order and file with or mail to the clerk of the court proof of service by the end of the next business day after service is made.
3. If, while attempting to serve the adverse party personally pursuant to subsection 2, the health or safety of the officer or the adverse party is put at risk because of any action of the adverse party, the law enforcement officer is under no duty to continue to attempt to serve the adverse party personally and the service shall be deemed unsuccessful. If such service is unsuccessful, the law enforcement agency shall, as soon as practicable after the risk has subsided, attempt to serve the adverse party personally until the ex parte or extended order is successfully served.
4. A law enforcement agency shall enforce an ex parte or extended order without regard to the county in which the order was issued.
5. The clerk of the court shall issue, without fee, a copy of the ex parte or extended order to any family or household member who files a verified application pursuant to section 11 of this act or the adverse party.
Sec. 18. 1. Whether or not a violation of an ex parte or extended order occurs in the presence of a law enforcement officer, the officer may arrest and take into custody an adverse party:
(a) With a warrant; or
κ2019 Statutes of Nevada, Page 4176 (CHAPTER 622, AB 291)κ
(b) Without a warrant if the officer has probable cause to believe that:
(1) An order has been issued pursuant to section 12 or 13 of this act against the adverse party;
(2) The adverse party has been served with a copy of the order; and
(3) The adverse party is acting in violation of the order.
2. If a law enforcement officer cannot verify that the adverse party was served with a copy of the application and ex parte or extended order, the officer shall:
(a) Inform the adverse party of the specific terms and conditions of the order;
(b) Inform the adverse party that he or she has notice of the provisions of the order and that a violation of the order will result in his or her arrest;
(c) Inform the adverse party of the location of the court that issued the original order and the hours during which the adverse party may obtain a copy of the order; and
(d) Inform the adverse party of the date and time set for a hearing on an application for an ex parte or extended order, if any.
3. Information concerning the terms and conditions of the ex parte or extended order, the date and time of any notice provided to the adverse party and the name and identifying number of the law enforcement officer who gave the notice must be provided in writing to the applicant and noted in the records of the law enforcement agency and the court.
Sec. 19. 1. An ex parte order expires within such time, not to exceed 7 days, as the court fixes. If a verified application for an extended order is filed within the period of an ex parte order or at the same time as an application for an ex parte order pursuant to section 11 of this act, the ex parte order remains in effect until the hearing on the extended order is held.
2. An extended order expires within such time, not to exceed 1 year, as the court fixes.
3. The family or household member or law enforcement officer who filed the verified application or the adverse party may request in writing to appear and move for the dissolution of an ex parte or extended order. Upon a finding by clear and convincing evidence that the adverse party no longer poses a risk of causing personal injury to himself or herself or another person by possessing or having under his or her custody or control or by purchasing or otherwise acquiring any firearm, the court shall dissolve the order. If the court finds that all parties agree to dissolve the order, the court shall dissolve the order upon a finding of good cause.
4. Not less than 3 months before the expiration of an extended order and upon petition by a family or household member or law enforcement officer, the court may, after notice and a hearing, renew an extended order upon a finding by clear and convincing evidence. Such an order expires within a period, not to exceed 1 year, as the court fixes.
Sec. 20. 1. Any time that a court issues an ex parte or extended order or renews an extended order and any time that a person serves such an order or receives any information or takes any other action pursuant to sections 2 to 22, inclusive, of this act, the person shall, by the end of the next business day:
(a) Cause to be transmitted, in the manner prescribed by the Central Repository for Nevada Records of Criminal History, any information required by the Central Repository in a manner which ensures that the information is received by the Central Repository; and
κ2019 Statutes of Nevada, Page 4177 (CHAPTER 622, AB 291)κ
required by the Central Repository in a manner which ensures that the information is received by the Central Repository; and
(b) Transmit a copy of the order to the Attorney General.
2. If the Central Repository for Nevada Records of Criminal History receives any information described in subsection 1, the adverse party may petition the court for an order declaring that the basis for the information transmitted no longer exists.
3. A petition brought pursuant to subsection 2 must be filed in the court which issued the ex parte or extended order.
4. The court shall grant the petition and issue the order described in subsection 2 if the court finds that the basis for the ex parte or extended order no longer exists.
5. The court, upon granting the petition and entering an order pursuant to this section, shall cause, on a form prescribed by the Department of Public Safety, a record of the order to be transmitted to the Central Repository for Nevada Records of Criminal History.
6. Within 5 business days after receiving a record of an order transmitted pursuant to subsection 5, the Central Repository for Nevada Records of Criminal History shall take reasonable steps to ensure that the information concerning the adverse party is removed from the Central Repository.
7. If the Central Repository for Nevada Records of Criminal History fails to remove the information as provided in subsection 6, the adverse party may bring an action to compel the removal of the information. If the adverse party prevails in the action, the court may award the adverse party reasonable attorneys fees and costs incurred in bringing the action.
8. If a petition brought pursuant to subsection 2 is denied, the adverse party may petition for a rehearing not sooner than 2 years after the date of the denial of the petition.
Sec. 21. 1. A person shall not file a verified application for an ex parte or extended order:
(a) Which he or she knows or has reason to know is false or misleading; or
(b) With the intent to harass the adverse party.
2. A person who violates the provisions of subsection 1 is guilty of a misdemeanor.
Sec. 22. A person who intentionally violates an ex parte or extended order is, unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order, guilty of a misdemeanor.
Sec. 23. NRS 33.095 is hereby amended to read as follows:
33.095 1. Any time that a court issues a temporary or extended order and any time that a person serves such an order, registers such an order, registers a Canadian domestic-violence protection order or receives any information or takes any other action pursuant to NRS 33.017 to 33.100, inclusive, or NRS 33.110 to 33.158, inclusive, the person shall cause to be transmitted, in the manner prescribed by the Central Repository for Nevada Records of Criminal History, any information required by the Central Repository in a manner which ensures that the information is received by the Central Repository by the end of the next business day.
2. Any time that a court issues an ex parte or extended order pursuant to section 12 or 13 of this act, the court shall cause to be transmitted, in the manner prescribed by the Central Repository for Nevada Records of Criminal History, any information required by the Central Repository in a manner which ensures that the information is received by the Central Repository by the end of the next business day.
κ2019 Statutes of Nevada, Page 4178 (CHAPTER 622, AB 291)κ
Criminal History, any information required by the Central Repository in a manner which ensures that the information is received by the Central Repository by the end of the next business day.
3. As used in this section, Canadian domestic-violence protection order has the meaning ascribed to it in NRS 33.119.
Sec. 24. NRS 193.166 is hereby amended to read as follows:
193.166 1. Except as otherwise provided in NRS 193.169, a person who commits a crime that is punishable as a felony, other than a crime that is punishable as a felony pursuant to subsection 6 of NRS 33.400, subsection 5 of NRS 200.378 or subsection 5 of NRS 200.591, in violation of:
(a) A temporary or extended order for protection against domestic violence issued pursuant to NRS 33.020;
(b) An order for protection against harassment in the workplace issued pursuant to NRS 33.270;
(c) A temporary or extended order for the protection of a child issued pursuant to NRS 33.400;
(d) An ex parte or extended order for protection against high-risk behavior issued pursuant to section 12 or 13 of this act;
(e) An order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS;
[(e)] (f) A temporary or extended order issued pursuant to NRS 200.378; or
[(f)] (g) A temporary or extended order issued pursuant to NRS 200.591,
Κ shall, in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison, except as otherwise provided in this subsection, for a minimum term of not less than 1 year and a maximum term of not more than 20 years. If the crime committed by the person is punishable as a category A felony or category B felony, in addition to the term of imprisonment prescribed by statute for that crime, the person shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years.
2. In determining the length of the additional penalty imposed pursuant to this section, the court shall consider the following information:
(a) The facts and circumstances of the crime;
(b) The criminal history of the person;
(c) The impact of the crime on any victim;
(d) Any mitigating factors presented by the person; and
(e) Any other relevant information.
Κ The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.
3. The sentence prescribed by this section:
(a) Must not exceed the sentence imposed for the crime; and
(b) Runs concurrently or consecutively with the sentence prescribed by statute for the crime, as ordered by the court.
4. The court shall not grant probation to or suspend the sentence of any person convicted of attempted murder, battery which involves the use of a deadly weapon, battery which results in substantial bodily harm or battery which is committed by strangulation as described in NRS 200.481 or 200.485 if an additional term of imprisonment may be imposed for that primary offense pursuant to this section.
κ2019 Statutes of Nevada, Page 4179 (CHAPTER 622, AB 291)κ
5. This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
Sec. 25. Chapter 202 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 3, a person shall not import, sell, manufacture, transfer, receive or possess:
(a) Any manual, power-driven or electronic device that is designed such that when the device is attached to a semiautomatic firearm, the device eliminates the need for the operator of a semiautomatic firearm to make a separate movement for each individual function of the trigger and:
(1) Materially increases the rate of fire of the semiautomatic firearm; or
(2) Approximates the action or rate of fire of a machine gun;
(b) Any part or combination of parts that is designed and functions to eliminate the need for the operator of a semiautomatic firearm to make a separate movement for each individual function of the trigger and:
(1) Materially increases the rate of fire of a semiautomatic firearm; or
(2) Approximates the action or rate of fire of a machine gun; or
(c) Any semiautomatic firearm that has been modified in any way that eliminates the need for the operator of the semiautomatic firearm to make a separate movement for each individual function of the trigger and:
(1) Materially increases the rate of fire of the semiautomatic firearm; or
(2) Approximates the action or rate of fire of a machine gun.
2. A person who violates any provision of this section is guilty of a category D felony and shall be punished as provided in NRS 193.130.
3. This section does not apply to:
(a) Any employee of a federal, state or local law enforcement agency carrying out official duties.
(b) Any member of the Armed Forces of the United States carrying out official duties.
Sec. 26. NRS 202.253 is hereby amended to read as follows:
202.253 As used in NRS 202.253 to 202.369, inclusive [:] , and section 25 of this act:
1. Explosive or incendiary device means any explosive or incendiary material or substance that has been constructed, altered, packaged or arranged in such a manner that its ordinary use would cause destruction or injury to life or property.
2. Firearm means any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion.
3. Firearm capable of being concealed upon the person applies to and includes all firearms having a barrel less than 12 inches in length.
4. Machine gun means any weapon which shoots, is designed to shoot or can be readily restored to shoot more than one shot, without manual reloading, by a single function of the trigger.
5. Motor vehicle means every vehicle that is self-propelled.
6. Semiautomatic firearm means any firearm that:
(a) Uses a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next shell or round;
κ2019 Statutes of Nevada, Page 4180 (CHAPTER 622, AB 291)κ
(b) Requires a separate function of the trigger to fire each cartridge; and
(c) Is not a machine gun.
Sec. 27. NRS 202.257 is hereby amended to read as follows:
202.257 1. It is unlawful for a person who:
(a) Has a concentration of alcohol of [0.10] 0.08 or more in his or her blood or breath; or
(b) Is under the influence of any controlled substance, or is under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him or her incapable of safely exercising actual physical control of a firearm,
Κ to have in his or her actual physical possession any firearm. This prohibition does not apply to the actual physical possession of a firearm by a person who was within the persons personal residence and had the firearm in his or her possession solely for self-defense.
2. Any evidentiary test to determine whether a person has violated the provisions of subsection 1 must be administered in the same manner as an evidentiary test that is administered pursuant to NRS 484C.160 to 484C.250, inclusive, except that submission to the evidentiary test is required of any person who is requested by a police officer to submit to the test. If a person to be tested fails to submit to a required test as requested by a police officer, the officer may apply for a warrant or court order directing that reasonable force be used to the extent necessary to obtain the samples of blood from the person to be tested, if the officer has reasonable cause to believe that the person to be tested was in violation of this section.
3. Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.
4. A firearm is subject to forfeiture pursuant to NRS 179.1156 to 179.1205, inclusive, only if, during the violation of subsection 1, the firearm is brandished, aimed or otherwise handled by the person in a manner which endangered others.
5. As used in this section, the phrase concentration of alcohol of [0.10] 0.08 or more in his or her blood or breath means [0.10] 0.08 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his or her breath.
Sec. 28. NRS 202.300 is hereby amended to read as follows:
202.300 1. Except as otherwise provided in this section, a child under the age of 18 years shall not handle or have in his or her possession or under his or her control, except while accompanied by or under the immediate charge of his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child, any firearm of any kind for hunting or target practice or for other purposes. A child who violates this subsection commits a delinquent act and the court may order the detention of the child in the same manner as if the child had committed an act that would have been a felony if committed by an adult.
2. A person who aids or knowingly permits a child to violate subsection 1:
(a) Except as otherwise provided in paragraph (b), for the first offense, is guilty of a misdemeanor.
κ2019 Statutes of Nevada, Page 4181 (CHAPTER 622, AB 291)κ
(b) For a first offense, if the person knows or has reason to know that there is a substantial risk that the child will use the firearm to commit a violent act, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
(c) For a second or any subsequent offense, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
3. A person does not aid or knowingly permit a child to violate subsection 1 if:
(a) The firearm was stored in a securely locked container or at a location which a reasonable person would have believed to be secure;
(b) The child obtained the firearm as a result of an unlawful entry by any person in or upon the premises where the firearm was stored;
(c) The injury or death resulted from an accident which was incident to target shooting, sport shooting or hunting; or
(d) The child gained possession of the firearm from a member of the military or a law enforcement officer, while the member or officer was performing his or her official duties.
4. The provisions of subsection 1 do not apply to a child who is a member of the Armed Forces of the United States.
5. Unless a greater penalty is provided by law, a person is guilty of a misdemeanor who:
(a) Negligently stores or leaves a firearm at a location under his or her control; and
(b) Knows or has reason to know that there is a substantial risk that a child prohibited from handling or having in his or her possession or under his or her control any firearm pursuant to this section may obtain such a firearm.
6. Except as otherwise provided in subsection [8,] 9, a child who is 14 years of age or older, who has in his or her possession a valid license to hunt, may handle or have in his or her possession or under his or her control, without being accompanied by his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child:
(a) A rifle or shotgun that is not a fully automatic firearm, if the child is not otherwise prohibited by law from possessing the rifle or shotgun and the child has the permission of his or her parent or guardian to handle or have in his or her possession or under his or her control the rifle or shotgun; or
(b) A firearm capable of being concealed upon the person, if the child has the written permission of his or her parent or guardian to handle or have in his or her possession or under his or her control such a firearm and the child is not otherwise prohibited by law from possessing such a firearm,
Κ and the child is traveling to the area in which the child will be hunting or returning from that area and the firearm is not loaded, or the child is hunting pursuant to that license.
[6.] 7. Except as otherwise provided in subsection [8,] 9, a child who is 14 years of age or older may handle or have in his or her possession or under his or her control a rifle or shotgun that is not a fully automatic firearm if the child is not otherwise prohibited by law from possessing the rifle or shotgun, without being accompanied by his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child, if the child has the permission of his or her parent or guardian to handle or have in his or her possession or under his or her control the rifle or shotgun and the child is:
κ2019 Statutes of Nevada, Page 4182 (CHAPTER 622, AB 291)κ
of the child, if the child has the permission of his or her parent or guardian to handle or have in his or her possession or under his or her control the rifle or shotgun and the child is:
(a) Attending a course of instruction in the responsibilities of hunters or a course of instruction in the safe use of firearms;
(b) Practicing the use of a firearm at an established firing range or at any other area where the discharge of a firearm is permitted;
(c) Participating in a lawfully organized competition or performance involving the use of a firearm;
(d) Within an area in which the discharge of firearms has not been prohibited by local ordinance or regulation and the child is engaging in a lawful hunting activity in accordance with chapter 502 of NRS for which a license is not required;
(e) Traveling to or from any activity described in paragraph (a), (b), (c) or (d), and the firearm is not loaded;
(f) On real property that is under the control of an adult, and the child has the permission of that adult to possess the firearm on the real property; or
(g) At his or her residence.
[7.] 8. Except as otherwise provided in subsection [8,] 9, a child who is 14 years of age or older may handle or have in his or her possession or under his or her control, for the purpose of engaging in any of the activities listed in paragraphs (a) to (g), inclusive, of subsection [6,] 7, a firearm capable of being concealed upon the person, without being accompanied by his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child, if the child:
(a) Has the written permission of his or her parent or guardian to handle or have in his or her possession or under his or her control such a firearm for the purpose of engaging in such an activity; and
(b) Is not otherwise prohibited by law from possessing such a firearm.
[8.] 9. A child shall not handle or have in his or her possession or under his or her control a loaded firearm if the child is:
(a) An occupant of a motor vehicle;
(b) Within any residence, including his or her residence, or any building other than a facility licensed for target practice, unless possession of the firearm is necessary for the immediate defense of the child or another person; or
(c) Within an area designated by a county or municipal ordinance as a populated area for the purpose of prohibiting the discharge of weapons, unless the child is within a facility licensed for target practice.
[9.] 10. For the purposes of this section, a firearm is loaded if:
(a) There is a cartridge in the chamber of the firearm;
(b) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; or
(c) There is a cartridge in the magazine and the magazine is in the firearm or there is a cartridge in the chamber, if the firearm is a semiautomatic firearm.
Sec. 29. NRS 202.350 is hereby amended to read as follows:
202.350 1. Except as otherwise provided in this section and NRS 202.3653 to 202.369, inclusive, a person within this State shall not:
(a) Manufacture or cause to be manufactured, or import into the State, or keep, offer or expose for sale, or give, lend or possess any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sand-club, sandbag or metal knuckles;
κ2019 Statutes of Nevada, Page 4183 (CHAPTER 622, AB 291)κ
(b) Manufacture or cause to be manufactured, or import into the State, or keep, offer or expose for sale, or give, lend, possess or use a machine gun or a silencer, unless authorized by federal law;
(c) With the intent to inflict harm upon the person of another, possess or use a nunchaku or trefoil; or
(d) Carry concealed upon his or her person any:
(1) Explosive substance, other than ammunition or any components thereof;
(2) Machete; or
(3) Pistol, revolver or other firearm, other dangerous or deadly weapon or pneumatic gun.
2. Except as otherwise provided in NRS 202.275 and 212.185, a person who violates any of the provisions of:
(a) Paragraph (a) or (c) of subsection 1 or subparagraph (2) of paragraph (d) of subsection 1 is guilty:
(1) For the first offense, of a gross misdemeanor.
(2) For any subsequent offense, of a category D felony and shall be punished as provided in NRS 193.130.
(b) Paragraph (b) of subsection 1 or subparagraph (1) or (3) of paragraph (d) of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.
3. Except as otherwise provided in this subsection, the sheriff of any county may, upon written application by a resident of that county showing the reason or the purpose for which a concealed weapon is to be carried, issue a permit authorizing the applicant to carry in this State the concealed weapon described in the permit. This subsection does not authorize the sheriff to issue a permit to a person to carry a pistol, revolver or other firearm.
4. Except as otherwise provided in subsection 5, this section does not apply to:
(a) Sheriffs, constables, marshals, peace officers, correctional officers employed by the Department of Corrections, special police officers, police officers of this State, whether active or honorably retired, or other appointed officers.
(b) Any person summoned by any peace officer to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such an officer.
(c) Any full-time paid peace officer of an agency of the United States or another state or political subdivision thereof when carrying out official duties in the State of Nevada.
(d) Members of the Armed Forces of the United States when on duty.
5. The exemptions provided in subsection 4 do not include a former peace officer who is retired for disability unless his or her former employer has approved his or her fitness to carry a concealed weapon.
6. The provisions of paragraph (b) of subsection 1 do not apply to any person who is licensed, authorized or permitted to possess or use a machine gun or silencer pursuant to federal law. The burden of establishing federal licensure, authorization or permission is upon the person possessing the license, authorization or permission.
7. This section shall not be construed to prohibit a qualified law enforcement officer or a qualified retired law enforcement officer from carrying a concealed weapon in this State if he or she is authorized to do so pursuant to 18 U.S.C. § 926B or 926C.
κ2019 Statutes of Nevada, Page 4184 (CHAPTER 622, AB 291)κ
8. As used in this section:
(a) Concealed weapon means a weapon described in this section that is carried upon a person in such a manner as not to be discernible by ordinary observation.
(b) Honorably retired means retired in Nevada after completion of 10 years of creditable service as a member of the Public Employees Retirement System. A former peace officer is not honorably retired if he or she was discharged for cause or resigned before the final disposition of allegations of serious misconduct.
(c) [Machine gun means any weapon which shoots, is designed to shoot or can be readily restored to shoot more than one shot, without manual reloading, by a single function of the trigger.
(d)] Nunchaku means an instrument consisting of two or more sticks, clubs, bars or rods connected by a rope, cord, wire or chain used as a weapon in forms of Oriental combat.
[(e)] (d) Pneumatic gun has the meaning ascribed to it in NRS 202.265.
[(f)] (e) Qualified law enforcement officer has the meaning ascribed to it in 18 U.S.C. § 926B(c).
[(g)] (f) Qualified retired law enforcement officer has the meaning ascribed to it in 18 U.S.C. § 926C(c).
[(h)] (g) Silencer means any device for silencing, muffling or diminishing the report of a firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a silencer or muffler, and any part intended only for use in such assembly or fabrication.
[(i)] (h) Trefoil means an instrument consisting of a metal plate having three or more radiating points with sharp edges, designed in the shape of a star, cross or other geometric figure and used as a weapon for throwing.
Sec. 30. NRS 202.3657 is hereby amended to read as follows:
202.3657 1. Any person who is a resident of this State may apply to the sheriff of the county in which he or she resides for a permit on a form prescribed by regulation of the Department. Any person who is not a resident of this State may apply to the sheriff of any county in this State for a permit on a form prescribed by regulation of the Department. Application forms for permits must be furnished by the sheriff of each county upon request.
2. A person applying for a permit may submit one application and obtain one permit to carry all handguns owned by the person. The person must not be required to list and identify on the application each handgun owned by the person. A permit is valid for any handgun which is owned or thereafter obtained by the person to whom the permit is issued.
3. Except as otherwise provided in this section, the sheriff shall issue a permit to any person who is qualified to possess a handgun under state and federal law, who submits an application in accordance with the provisions of this section and who:
(a) Is:
(1) Twenty-one years of age or older; or
(2) At least 18 years of age but less than 21 years of age if the person:
(I) Is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard; or
κ2019 Statutes of Nevada, Page 4185 (CHAPTER 622, AB 291)κ
(II) Was discharged or released from service in the Armed Forces of the United States, a reserve component thereof or the National Guard under honorable conditions;
(b) Is not prohibited from possessing a firearm pursuant to NRS 202.360; and
(c) Demonstrates competence with handguns by presenting a certificate or other documentation to the sheriff which shows that the applicant:
(1) Successfully completed a course in firearm safety approved by a sheriff in this State; or
(2) Successfully completed a course in firearm safety offered by a federal, state or local law enforcement agency, community college, university or national organization that certifies instructors in firearm safety.
Κ Such a course must include instruction in the use of handguns and in the laws of this State relating to the use of a firearm. A sheriff may not approve a course in firearm safety pursuant to subparagraph (1) unless the sheriff determines that the course meets any standards that are established by the Nevada Sheriffs and Chiefs Association or, if the Nevada Sheriffs and Chiefs Association ceases to exist, its legal successor.
4. The sheriff shall deny an application or revoke a permit if the sheriff determines that the applicant or permittee:
(a) Has an outstanding warrant for his or her arrest.
(b) Has been judicially declared incompetent or insane.
(c) Has been voluntarily or involuntarily admitted to a mental health facility during the immediately preceding 5 years.
(d) Has habitually used intoxicating liquor or a controlled substance to the extent that his or her normal faculties are impaired. For the purposes of this paragraph, it is presumed that a person has so used intoxicating liquor or a controlled substance if, during the immediately preceding 5 years, the person has been:
(1) Convicted of violating the provisions of NRS 484C.110; or
(2) Committed for treatment pursuant to NRS 458.290 to 458.350, inclusive.
(e) Has been convicted of a crime involving the use or threatened use of force or violence punishable as a misdemeanor under the laws of this or any other state, or a territory or possession of the United States at any time during the immediately preceding 3 years.
(f) Has been convicted of a felony in this State or under the laws of any state, territory or possession of the United States.
(g) Has been convicted of a crime involving domestic violence or stalking, or is currently subject to a restraining order, injunction or other order for protection against domestic violence.
(h) Is currently subject to an ex parte or extended order for protection against high-risk behavior issued pursuant to section 12 or 13 of this act.
(i) Is currently on parole or probation from a conviction obtained in this State or in any other state or territory or possession of the United States.
[(i)] (j) Has, within the immediately preceding 5 years, been subject to any requirements imposed by a court of this State or of any other state or territory or possession of the United States, as a condition to the courts:
(1) Withholding of the entry of judgment for a conviction of a felony; or
(2) Suspension of sentence for the conviction of a felony.
κ2019 Statutes of Nevada, Page 4186 (CHAPTER 622, AB 291)κ
[(j)] (k) Has made a false statement on any application for a permit or for the renewal of a permit.
[(k)] (l) Has been discharged or released from service in the Armed Forces of the United States, a reserve component thereof or the National Guard under conditions other than honorable conditions and is less than 21 years of age.
5. The sheriff may deny an application or revoke a permit if the sheriff receives a sworn affidavit stating articulable facts based upon personal knowledge from any natural person who is 18 years of age or older that the applicant or permittee has or may have committed an offense or engaged in any other activity specified in subsection 4 which would preclude the issuance of a permit to the applicant or require the revocation of a permit pursuant to this section.
6. If the sheriff receives notification submitted by a court or law enforcement agency of this or any other state, the United States or a territory or possession of the United States that a permittee or an applicant for a permit has been charged with a crime involving the use or threatened use of force or violence, the conviction for which would require the revocation of a permit or preclude the issuance of a permit to the applicant pursuant to this section, the sheriff shall suspend the persons permit or the processing of the persons application until the final disposition of the charges against the person. If a permittee is acquitted of the charges, or if the charges are dropped, the sheriff shall restore his or her permit without imposing a fee.
7. An application submitted pursuant to this section must be completed and signed under oath by the applicant. The applicants signature must be witnessed by an employee of the sheriff or notarized by a notary public. The application must include:
(a) The name, address, place and date of birth, social security number, occupation and employer of the applicant and any other names used by the applicant;
(b) A complete set of the applicants fingerprints taken by the sheriff or his or her agent;
(c) A front-view colored photograph of the applicant taken by the sheriff or his or her agent;
(d) If the applicant is a resident of this State, the drivers license number or identification card number of the applicant issued by the Department of Motor Vehicles;
(e) If the applicant is not a resident of this State, the drivers license number or identification card number of the applicant issued by another state or jurisdiction;
(f) If the applicant is a person described in subparagraph (2) of paragraph (a) of subsection 3, proof that the applicant:
(1) Is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard, as evidenced by his or her current military identification card; or
(2) Was discharged or released from service in the Armed Forces of the United States, a reserve component thereof or the National Guard under honorable conditions, as evidenced by his or her DD Form 214, Certificate of Release or Discharge from Active Duty, or other document of honorable separation issued by the United States Department of Defense;
κ2019 Statutes of Nevada, Page 4187 (CHAPTER 622, AB 291)κ
(g) A nonrefundable fee equal to the nonvolunteer rate charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation to obtain the reports required pursuant to subsection 1 of NRS 202.366; and
(h) A nonrefundable fee set by the sheriff not to exceed $60.
Sec. 31. NRS 502.010 is hereby amended to read as follows:
502.010 1. A person who hunts or fishes any wildlife without having first procured a license or permit to do so, as provided in this title, is guilty of a misdemeanor, except that:
(a) A license to hunt or fish is not required of a resident of this State who is under 12 years of age, unless required for the issuance of tags as prescribed in this title or by the regulations of the Commission.
(b) A license to fish is not required of a nonresident of this State who is under 12 years of age, but the number of fish taken by the nonresident must not exceed 50 percent of the daily creel and possession limits as provided by law.
(c) Except as otherwise provided in subsection [5 or] 6 or 7 of NRS 202.300 and NRS 502.066, it is unlawful for any child who is under 18 years of age to hunt any wildlife with any firearm, unless the child is accompanied at all times by the childs parent or guardian or is accompanied at all times by an adult person authorized by the childs parent or guardian to have control or custody of the child to hunt if the authorized person is also licensed to hunt.
(d) A child under 12 years of age, whether accompanied by a qualified person or not, shall not hunt big game in the State of Nevada. This section does not prohibit any child from accompanying an adult licensed to hunt.
(e) The Commission may adopt regulations setting forth:
(1) The species of wildlife which may be hunted or trapped without a license or permit; or
(2) The circumstances under which a person may fish without a license, permit or stamp in a lake or pond that is located entirely on private property and is stocked with lawfully acquired fish.
(f) The Commission may declare 1 day per year as a day upon which persons may fish without a license to do so.
2. This section does not apply to the protection of persons or property from unprotected wildlife on or in the immediate vicinity of home or ranch premises.
Sec. 32. 1. This section and sections 25 to 28, inclusive, and 31 of this act become effective upon passage and approval.
2. Sections 1 to 24, inclusive, 29 and 30 of this act become effective on January 1, 2020.
________
κ2019 Statutes of Nevada, Page 4188κ
Assembly Bill No. 443Committee on Taxation
CHAPTER 623
[Approved: June 14, 2019]
AN ACT relating to taxation; revising provisions governing the contents of the periodic reports on the use of the proceeds from the taxes imposed pursuant to the Clark County Sales and Use Tax Act of 2005 and the Clark County Crime Prevention Act of 2016; removing the prospective expiration of the Clark County Sales and Use Tax Act of 2005 and amendments and other provisions relating thereto; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Board of County Commissioners of Clark County to impose a sales and use tax in Clark County to employ and equip additional police officers for the Boulder City Police Department, Henderson Police Department, Las Vegas Metropolitan Police Department, Mesquite Police Department and North Las Vegas Police Department. (Clark County Sales and Use Tax Act of 2005) A police department is prohibited from spending the proceeds of the tax unless the expenditure has been approved by a designated body and only if the use will not replace or supplant existing funding for the police department. (Section 13 of chapter 249, Statutes of Nevada 2005, as last amended by chapter 497, Statutes of Nevada 2011, p. 3158) Existing law also authorizes the Board of County Commissioners of Clark County to impose a sales and use tax to employ and equip additional police officers for the same police departments for which a tax is authorized by the Clark County Sales and Use Tax Act of 2005. (Clark County Crime Prevention Act of 2016, section 9 of chapter 1, Statutes of Nevada 2016, 30th Special Session, p. 5) Each of those Acts require that certain reports concerning expenditures from the proceeds of the taxes imposed be submitted to the Department of Taxation. (Section 13.5 of chapter 249, Statutes of Nevada 2005, as last amended by chapter 497, Statutes of Nevada 2011, p. 3160; section 13 of chapter 1, Statutes of Nevada 2016, 30th Special Session, p. 9) Sections 1 and 1.3 of this bill require that the reports also include information relating to expenditures for equipment and academies for training officers. Sections 1 and 1.3 also provide for a criminal penalty if a person knowingly provides or causes to be provided false or misleading information for such a report or includes or causes to be included such information in such a report.
The Clark County Sales and Use Tax Act of 2005 is set to expire on October 1, 2025. (Section 23 of chapter 249, Statutes of Nevada 2005, p. 917) Sections 1.5-4 of this bill remove the prospective expiration of the Act and amendments and other provisions relating thereto, thereby authorizing the imposition of such a tax in Clark County after October 1, 2025.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 13.5 of the Clark County Sales and Use Tax Act of 2005, being chapter 249, Statutes of Nevada 2005, as last amended by chapter 497, Statutes of Nevada 2011, at page 3160, is hereby amended to read as follows:
Sec. 13.5. 1. Any governing body that has approved expenditures pursuant to section 13 of this act shall submit to the Department the periodic reports required pursuant to this section and such other information relating to the provisions of this act as may be requested by the Department.
κ2019 Statutes of Nevada, Page 4189 (CHAPTER 623, AB 443)κ
Department the periodic reports required pursuant to this section and such other information relating to the provisions of this act as may be requested by the Department.
2. The reports required pursuant to this section must be submitted:
(a) On or before:
(1) February 15 for the 3-month period ending on the immediately preceding December 31;
(2) May 15 for the 3-month period ending on the immediately preceding March 31;
(3) August 15 for the 3-month period ending on the immediately preceding June 30; and
(4) November 15 for the 3-month period ending on the immediately preceding September 30; and
(b) On or before August 15 for the 12-month period ending on the immediately preceding June 30.
3. Each report must be submitted on a form provided by the Department and include, with respect to the period covered by the report:
(a) The total proceeds received by the respective police department from the sales and use tax imposed pursuant to this act . [;]
(b) A detailed description of the use of the proceeds, including, without limitation:
(1) The total expenditures made by the respective police department from the sales and use tax imposed pursuant to this act . [;]
(2) The total number of police officers hired by the police department and the number of those officers that are filling authorized, funded positions for new officers . [; and]
(3) The equipment purchased with the use of the proceeds from the sales and use tax imposed pursuant to this act, including, without limitation, computers, radios, firearms and holsters.
(4) Expenditures for each academy for training officers, including, without limitation, expenditures for equipment for persons attending the academy. The expenditures must be disaggregated based on the persons attending the academy, including, without limitation:
(I) Each person who did not successfully complete the academy; and
(II) Each person who was recently hired by a public safety agency who completed the academy.
(5) A detailed analysis of the manner in which each expenditure:
(I) Conforms to all provisions of this act; and
(II) Does not replace or supplant funding which existed before October 1, 2005, for the police department . [; and]
(c) Any other information required to complete the form for the report.
4. The Department may review and investigate the reports submitted pursuant to this section and the expenditure of any proceeds pursuant to section 13 of this act.
5. A person shall not knowingly:
κ2019 Statutes of Nevada, Page 4190 (CHAPTER 623, AB 443)κ
(a) Provide or cause to be provided false or misleading information to an entity that is required to submit a report pursuant to this section; or
(b) Include or cause to be included false or misleading information in the report required to be submitted pursuant to this section.
6. A person who violates subsection 5 is guilty of a category D felony and shall be punished as provided in NRS 193.130.
Sec. 1.3. Section 13 of the Clark County Crime Prevention Act of 2016, being chapter 1, Statutes of Nevada 2016, 30th Special Session, at page 9, is hereby amended to read as follows:
Sec. 13. 1. A body designated pursuant to subsection 1 of section 12 of this act that approves an expenditure pursuant to section 12 of this act shall, for the relevant period, submit to the Department the reports required by this section, which must include, without limitation, the information required by this section and such other information relating to the administration of the provisions of this act as may be requested by the Department.
2. A body designated pursuant to subsection 1 of section 12 of this act shall submit the reports required by this section on or before:
(a) February 15, for the 3-month period ending on the immediately preceding December 31;
(b) May 15, for the 3-month period ending on the immediately preceding March 31;
(c) August 15, for the 3-month period ending on the immediately preceding June 30;
(d) November 15, for the 3-month period ending on the immediately preceding September 30; and
(e) August 15, for the 12-month period ending on the immediately preceding June 30.
3. Each report submitted pursuant to this section must be submitted on a form provided by the Department, which must be the same form as the form provided for the relevant report required by section 13.5 of the Clark County Sales and Use Tax Act of 2005, being chapter 249, Statutes of Nevada 2005, as added by chapter 545, Statutes of Nevada 2007, at page 3422, and amended [by chapter 497, Statutes of Nevada 2011, at page 3160,] from time to time thereafter, and must include, with respect to the period covered by the report:
(a) The total amount of the allocation received by the respective police department from the proceeds of the tax authorized by subsection 1 of section 9 of this act . [;]
(b) A detailed description of the use of the money allocated to the police department, including, without limitation:
(1) The total expenditures made by the police department from the allocation . [;]
(2) The total number of police officers hired by the respective police department, the number of those officers that are filling authorized, funded positions for new officers and demographic information regarding those officers reported in a manner consistent with the current policies of the respective police department concerning the reporting of such information . [; and]
κ2019 Statutes of Nevada, Page 4191 (CHAPTER 623, AB 443)κ
(3) Any equipment purchased from the allocation, including, without limitation, computers, radios, firearms and holsters.
(4) Any expenditures made from the allocation for each academy for training officers, including, without limitation, any expenditures for equipment for persons attending the academy. The expenditures must be disaggregated based on the persons attending the academy, including, without limitation:
(I) Each person who did not successfully complete the academy; and
(II) Each person who was recently hired by a public safety agency who completed the academy.
(5) A detailed analysis of the manner in which each expenditure:
(I) Conforms to all provisions of this act; and
(II) Does not replace or supplant funding or staffing levels, which existed before October 1, 2016, for the respective police department . [;]
(c) An analysis of the manner in which each expenditure is being used to prevent crimes and the effectiveness of each expenditure in preventing crimes . [; and]
(d) Any other information required to complete the form of the report.
4. The Metropolitan Police Committee on Fiscal Affairs shall:
(a) Prepare and submit separate reports as required by this section for the expenditures approved from the allocations received by the Las Vegas Metropolitan Police Department pursuant to paragraphs (a) and (b), respectively, of subsection 3 of section 9 of this act; and
(b) In addition to all other information required by this section, include in each report submitted pursuant to this section evidence that the expenditures from allocations received by the Las Vegas Metropolitan Police Department pursuant to paragraph (a) of subsection 3 of section 9 of this act are not offsetting, supplanting, replacing or otherwise reducing the amount of money allocated to the Las Vegas Metropolitan Police Department pursuant to paragraph (b) of subsection 3 of section 9 of this act for expenditure on law enforcement and crime prevention in the resort corridor.
5. The Department may review and investigate the reports submitted pursuant to this section and any expenditure of any proceeds from the tax authorized by subsection 1 of section 9 of this act.
6. A person shall not knowingly:
(a) Provide or cause to be provided false or misleading information to an entity that is required to submit a report pursuant to this section; or
(b) Include or cause to be included false or misleading information in the report required to be submitted pursuant to this section.
7. A person who violates subsection 6 is guilty of a category D felony and shall be punished as provided in NRS 193.130.
Sec. 1.5. Section 23 of chapter 249, Statutes of Nevada 2005, at page 917, is hereby amended to read as follows:
Sec. 23. [1.] This act becomes effective:
κ2019 Statutes of Nevada, Page 4192 (CHAPTER 623, AB 443)κ
[(a)] 1. Upon passage and approval for the purposes of enacting ordinances and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
[(b)] 2. On October 1, 2005, for all other purposes.
[2. This act expires by limitation on October 1, 2025.]
Sec. 2. Section 23 of chapter 545, Statutes of Nevada 2007, at page 3428, is hereby amended to read as follows:
Sec. 23. 1. This section and sections 3 to 22, inclusive, of this act become effective:
(a) Upon passage and approval for the purposes of enacting ordinances and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On October 1, 2007, for all other purposes.
2. Sections 1 and 2 of this act become effective on October 1, 2007 . [, and expire by limitation on October 1, 2025.]
3. Sections 3 to 22, inclusive, of this act expire by limitation on October 1, 2027.
Sec. 3. Section 28 of chapter 387, Statutes of Nevada 2009, at page 2104, is hereby amended to read as follows:
Sec. 28. 1. This section and sections 4, 18 and 27 of this act become effective upon passage and approval.
2. Sections 2, 3, 5, 6, 7, 9, 11 to 16, inclusive, and 19 to 26, inclusive, of this act become effective on July 1, 2009.
3. Section 17 of this act becomes effective on July 1, 2011.
4. [Section 20 of this act expires by limitation on September 30, 2025.
5.] Section 25 of this act expires by limitation on September 30, 2027.
[6.] 5. Sections 7 and 9 of this act expire by limitation on September 30, 2029.
[7.] 6. Sections 8 and 10 of this act become effective on October 1, 2029.
Sec. 4. Section 4 of chapter 1, Statutes of Nevada 2013, 27th Special Session, at page 3, is hereby amended to read as follows:
Sec. 4. This act becomes effective upon passage and approval . [and expires by limitation on October 1, 2025.]
Sec. 5. The provisions of section 1 of this act, which amend the Clark County Sales and Use Tax Act of 2005, and the provisions of section 1.3 of this act, which amend the Clark County Crime Prevention Act of 2016, apply to:
1. Each report that must be submitted to the Department of Taxation on or before:
(a) August 15, 2019, for the 3-month period ending on the immediately preceding June 30; and
(b) August 15, 2019, for the 12-month period ending on the immediately preceding June 30.
2. Each report that must be submitted to the Department of Taxation thereafter.
Sec. 6. This act becomes effective upon passage and approval.
________
κ2019 Statutes of Nevada, Page 4193κ
Senate Bill No. 543Committee on Finance
CHAPTER 624
[Approved: June 14, 2019]
AN ACT relating to education; creating the State Education Fund; revising the method for determining the amount of and distributing money to support the operation of the public schools in this State; establishing certain requirements for the accounting and use of such money; establishing requirements for the establishment of budgetary estimates relating to the public schools in this State; creating the Commission on School Funding and establishing its duties; establishing provisions relating to reports of expenditures by public schools; directing certain revenues to be deposited in the State Education Fund; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law declares that the proper objective of state financial aid to public education is to ensure each Nevada child a reasonably equal educational opportunity and establishes the Nevada Plan as a formula for distribution of state financial aid to the public schools in this State to accomplish that objective. (NRS 387.121) As part of the Nevada Plan, the Legislature establishes, during each legislative session and for each school year of the biennium, an estimated statewide average basic support guarantee per pupil. (NRS 387.122) This is the per pupil amount that is guaranteed on a statewide basis through a combination of state money and certain local revenues, supplemented by other local revenues which are not guaranteed by the state. The basic support guarantee for each school district is computed by multiplying the basic support guarantee per pupil that is established by law for the school district for each school year by pupil enrollment. (NRS 387.121-387.1223) In addition to the basic support guarantee per pupil, state financial aid to public education is provided through various programs, commonly known as categorical funding, that target specific purposes or populations of pupils for additional support. Such programs include, without limitation, the Account for the New Nevada Education Funding Plan, Zoom schools and Victory schools. (NRS 387.129-387.139; section 1 of chapter 544, Statutes of Nevada 2017, p. 3768; section 2 of chapter 389, Statutes of Nevada 2015, p. 2199)
Beginning with the 2021-2023 biennium, this bill generally replaces the Nevada Plan with the Pupil-Centered Funding Plan, which combines money raised pursuant to state law at the local level with state money to provide a certain basic level of support to each pupil in this State which is adjusted: (1) to account for variation in the local costs to provide a reasonably equal educational opportunity to pupils; and (2) for the costs of providing a reasonably equal educational opportunity to pupils with certain additional educational needs. Section 15 of this bill designates the plan created by this bill as the Pupil-Centered Funding Plan and expresses the intent of the Legislature regarding its creation. Specifically, section 2 of this bill creates the State Education Fund and identifies numerous sources of revenues to be deposited into the Fund, in addition to direct legislative appropriations from the State General Fund. Section 2 also authorizes the Superintendent of Public Instruction to create one or more accounts in the State Education Fund for the purpose of administering money received from the Federal Government. Section 3 of this bill creates the Education Stabilization Account in the State Education Fund and provides for the funding of the Account and the use of the money in the Account. Sections 13, 26, 27, 49, 51, 52, 59-61, 64 and 66-73 of this bill direct certain sources of revenues to the State Education Fund. Sections 17, 19, 22-25, 31-35, 37-42, 45, 47, 48, 50, 53-56, 62, 63 and 65 of this bill make conforming changes for the direction of such sources of revenues to the State Education Fund and the replacement of the State Distributive School Account with the State Education Fund.
κ2019 Statutes of Nevada, Page 4194 (CHAPTER 624, SB 543)κ
this bill make conforming changes for the direction of such sources of revenues to the State Education Fund and the replacement of the State Distributive School Account with the State Education Fund.
Section 4 of this bill requires the Legislature, after making a direct legislative appropriation to the State Education Fund, to determine the statewide base per pupil funding amount for each fiscal year of the biennium. Section 4 expresses the intent of the Legislature that the statewide base per pupil funding amount should, to the extent practicable, increase each year by not less than inflation. Section 4 requires the Legislature to appropriate the whole of the State Education Fund, less the money in the Education Stabilization Account or any account created by the Superintendent to receive federal money, to fund, in an amount determined to be sufficient by the Legislature: (1) the operation of the State Board of Education, the Superintendent of Public Instruction and the Department of Education; (2) the food service, transportation and similar services of the school districts; (3) the operation of each school district for all pupils generally through adjusted base per pupil funding for each pupil enrolled in the school district; (4) the operation of each charter school and university school for profoundly gifted pupils for all pupils generally through a statewide base per pupil funding amount for each pupil enrolled in such a school, with an adjustment for certain schools; and (5) the additional educational needs of English learners, at-risk pupils, pupils with disabilities and gifted and talented pupils through additional weighted funding for each such pupil. Section 4 specifies that additional weighted funding be expressed as a multiplier to be applied to the statewide base per pupil funding amount and that a pupil who belongs to more than one category receive only the additional weighted funding for the single category with the highest multiplier. Section 4 generally prohibits the use of additional weighted funding for collective bargaining. Section 58 of this bill generally prohibits the use of a school districts ending fund balance for collective bargaining.
The Nevada Constitution requires that the revenue from a tax upon the net proceeds of all minerals be appropriated to each county and apportioned among the respective governmental units within the county, including the school district. (Nev. Const. Art. 10, § 5) Sections 2 and 61 of this bill require the proceeds of such a tax that are apportioned to each school district to be deposited to the credit of the State Education Fund. Section 4 deems such money to be the first money appropriated as part of the adjusted base per pupil funding and weighted funding to the county school district from which the money originated. To the extent that money exceeds the adjusted base per pupil funding and weighted funding for the county school district to which it was apportioned, paragraph (b) of subsection 6 of section 4 of this bill requires the excess to be transferred to the county school district from which the money originated and authorizes the expenditure of that money as a continuing appropriation. Section 4 also specifies that the purposes for which the money may be used include mitigating the adverse effects of the cyclical nature of the mining industry on the school district. These effects include, without limitation, significant and rapid changes in the number of pupils enrolled in the school district which are a unique impediment to pupils receiving a reasonably equal educational opportunity in the counties in which the mining industry is pervasive and cannot be reasonably addressed in a uniform statewide funding plan.
Sections 5-7 of this bill establish certain factors which are applied to the statewide base per pupil funding amount to create the adjusted base per pupil funding for each school district and certain charter schools and university schools for profoundly gifted pupils. Specifically, section 5 of this bill establishes a cost adjustment factor by which the statewide base per pupil funding amount is adjusted for each school district and certain charter schools and university schools for profoundly gifted pupils to account for variation between the counties in the cost of living and the cost of labor. Section 6 of this bill establishes an adjustment for each necessarily small school in a school district to account for the increased cost to operate certain schools which must necessarily be smaller than the school could be most efficiently operated. Section 7 of this bill establishes a small district equity adjustment by which the statewide base per pupil funding amount is adjusted for each school district to account for the increased cost per pupil to operate a school district in which relatively fewer pupils are enrolled.
κ2019 Statutes of Nevada, Page 4195 (CHAPTER 624, SB 543)κ
school district to account for the increased cost per pupil to operate a school district in which relatively fewer pupils are enrolled. Sections 5-7 require the Department of Education to review and determine whether revisions are necessary to the method by which these adjustments are calculated in certain circumstances.
Section 8 of this bill requires each school district to account separately for the adjusted base per pupil funding received by the school district and deduct an amount of not more than the amount prescribed by the Department by regulation of the adjusted base per pupil funding for the administrative expenses of the school district. Section 8 requires the remainder of the adjusted base per pupil funding to be distributed to the public schools in the school district in a manner that ensures each pupil in the school district receives a reasonably equal educational opportunity. Similarly, section 8 requires each school district to account separately for all weighted funding received by the school district. Section 8 requires all weighted funding to be distributed directly to each school in which the relevant pupils are enrolled. Section 8 also: (1) requires each public school to account separately for the adjusted base per pupil funding and each category of weighted funding the school receives; (2) requires weighted funding to be used for each relevant pupil to supplement the adjusted base per pupil funding for the pupil and provide such educational programs, services or support as are necessary to provide the pupil a reasonably equal educational opportunity; and (3) limits the use of weighted funding for at-risk pupils and English learners to certain services. Section 8 additionally contains certain provisions relating to the separate accounting of money for pupils with disabilities and gifted and talented pupils which are moved into this section from a separate provision of existing law. Sections 14, 16, 18, 20, 21, 28-30, 36, 43, 44, 46, 57, 74 and 80 of this bill make conforming changes.
Section 9 of this bill generally requires the Governor, when preparing the proposed executive budget and to the extent practicable, to reserve an amount of money in the State General Fund for transfer to the State Education Fund which is sufficient to fully fund certain increases in the amount of money in the State Education Fund if the Economic Forum projects an increase in state revenue in the upcoming biennium. If the Economic Forum projects a decrease in state revenue, section 9 requires the Governor to reserve an amount of money in the State General Fund sufficient to ensure that the amount of money transferred from the State General Fund to the State Education Fund does not decrease by a greater percentage than the projected decline in state revenues. Section 9 requires the Governor to include in the proposed executive budget recommendations for the statewide base per pupil funding amount and the multiplier for each category of pupils. Section 9 requires the Governor to consider the recommendations of the Commission on School Funding for an optimal level of school funding and authorizes the Governor to reserve an additional amount of money for transfer to the State Education Fund to fund any such recommendation. Section 9 authorizes the Governor, as part of the proposed executive budget, to recommend revisions to education funding or additional education funding. Finally, section 9 authorizes the Governor to include in the proposed executive budget a recommendation for such funding for the public schools in this State as the Governor determines to be appropriate if the Governor determines that preparing a proposed executive budget as described in section 9 would be impracticable. If the Governor includes such a recommendation, the Governor must also recommend appropriate legislation to improve the method for determining funding for the public schools in this State.
Section 10 of this bill creates the Commission on School Funding and prescribes its membership. Section 11 of this bill prescribes the duties of the Commission. Section 76 of this bill requires the Commission to project the distribution of education funding for the 2019-2021 biennium as if the Pupil-Centered Funding Plan were in effect and compare that projection to the projected distribution of education funding for the 2019-2021 biennium under existing law. Section 76 additionally requires each school district to project its budget for the 2019-2021 biennium as if the Pupil-Centered Funding Plan were in effect, compare that projection to its projected budget for the 2019-2021 biennium under existing law and submit both budgets to the Commission. Finally, section 76 requires the Commission to make recommendations for the implementation of the Pupil-Centered Funding Plan to the Governor and Legislature.
κ2019 Statutes of Nevada, Page 4196 (CHAPTER 624, SB 543)κ
section 76 requires the Commission to make recommendations for the implementation of the Pupil-Centered Funding Plan to the Governor and Legislature.
Section 12 of this bill establishes certain reporting requirements for the Department of Education and for each school district and public school relating to educational expenditures. Section 74.5 of this bill makes an appropriation for the costs of implementing this bill.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 387 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2. 1. The State Education Fund is hereby created as a special revenue fund to be administered by the Superintendent of Public Instruction for the purpose of supporting the operation of the public schools in this State. The interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund.
2. Money which must be deposited for credit to the State Education Fund includes, without limitation:
(a) All money derived from interest on the State Permanent School Fund, as provided in NRS 387.030;
(b) The proceeds of the tax imposed pursuant to NRS 244.33561 and any applicable penalty or interest, less any amount retained by the county treasurer for the actual cost of collecting and administering the tax;
(c) The proceeds of the tax imposed pursuant to subsection 1 of NRS 387.195;
(d) The portion of the money in each special account created pursuant to subsection 1 of NRS 179.1187 which is identified in paragraph (d) of subsection 2 of NRS 179.1187;
(e) The money identified in subsection 1 of NRS 328.450;
(f) The money identified in subsection 1 of NRS 328.460;
(g) The money identified in paragraph (a) of subsection 2 of NRS 360.850;
(h) The money identified in paragraph (a) of subsection 2 of NRS 360.855;
(i) The money required to be paid over to the State Treasurer for deposit to the credit of the State Education Fund pursuant to subsection 4 of NRS 362.170;
(j) The portion of the proceeds of the tax imposed pursuant to subsection 1 of NRS 372A.290 identified in paragraph (b) of subsection 3 of NRS 372A.290;
(k) The proceeds of the tax imposed pursuant to subsection 2 of NRS 372A.290;
(l) The proceeds of the fees, taxes, interest and penalties imposed pursuant to chapter 374 of NRS, as transferred pursuant to subsection 3 of NRS 374.785;
(m) The money identified in paragraph (b) of subsection 3 of NRS 453A.344;
(n) The money identified in NRS 453D.510;
κ2019 Statutes of Nevada, Page 4197 (CHAPTER 624, SB 543)κ
(o) The portion of the proceeds of the excise tax imposed pursuant to subsection 1 of NRS 463.385 identified in paragraph (c) of subsection 5 of NRS 463.385;
(p) The money required to be distributed to the State Education Fund pursuant to subsection 3 of NRS 482.181;
(q) The portion of the net profits of the grantee of a franchise, right or privilege identified in NRS 709.110;
(r) The portion of the net profits of the grantee of a franchise identified in NRS 709.230;
(s) The portion of the net profits of the grantee of a franchise identified in NRS 709.270; and
(t) The direct legislative appropriation from the State General Fund required by subsection 3.
3. In addition to money from any other source provided by law, support for the State Education Fund must be provided by direct legislative appropriation from the State General Fund in an amount determined by the Legislature to be sufficient to fund the operation of the public schools in this State for kindergarten through grade 12 for the next ensuing biennium for the population reasonably estimated for that biennium. Money in the State Education Fund does not revert to the State General Fund at the end of a fiscal year, and the balance in the State Education Fund must be carried forward to the next fiscal year.
4. Money in the Fund must be paid out on claims as other claims against the State are paid.
5. The Superintendent of Public Instruction may create one or more accounts in the State Education Fund for the purpose of administering any money received from the Federal Government for the support of education and any State money required to be administered separately to satisfy any requirement imposed by the Federal Government. The money in any such account must not be considered when calculating the statewide base per pupil funding amount or appropriating money from the State Education Fund pursuant to section 4 of this act. The interest and income earned on the money in any such account, after deducting any applicable charges, must be credited to the account.
Sec. 3. 1. The Education Stabilization Account is hereby created in the State Education Fund. Except as otherwise provided in subsections 3 and 4, each year after the close of the previous fiscal year and before the issuance of the State Controllers annual report, each county school district shall transfer from the county school district fund to the Education Stabilization Account any amount by which the actual ending fund balance of the county school district fund exceeds 16.6 percent of the total actual expenditures for the fund. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.
2. Money transferred pursuant to subsection 1 to the Education Stabilization Account is a continuing appropriation solely for the purpose of authorizing the expenditure of the transferred money for the purposes set forth in this section.
3. The balance in the Educational Stabilization Account must not exceed 15 percent of the total of all appropriations and authorizations from the State Education Fund, excluding the Education Stabilization Account or any account created pursuant to subsection 5 of section 2 of this act, for the immediately preceding fiscal year.
κ2019 Statutes of Nevada, Page 4198 (CHAPTER 624, SB 543)κ
the immediately preceding fiscal year. Any money transferred to the Education Stabilization Account which exceeds this amount must instead be transferred to the State Education Fund.
4. If the Interim Finance Committee finds that the collection of revenue in any fiscal year will result in the State Education Fund receiving 97 percent or less of the money authorized for expenditure from the State Education Fund, the Committee shall by resolution establish an amount of money to transfer from the Education Stabilization Account to the State Education Fund and direct the State Controller to transfer that amount to the State Education Fund. The State Controller shall thereupon make the transfer.
5. The balance remaining in the State Education Fund, excluding the balance remaining in the Education Stabilization Account or any account created pursuant to subsection 5 of section 2 of this act, that has not been committed for expenditure on or before June 30 of each fiscal year must be transferred to the Education Stabilization Account to the extent that such a transfer would not cause the balance in the Education Stabilization Account to exceed the limit established in subsection 3.
Sec. 4. 1. After a direct legislative appropriation is made to the State Education Fund from the State General Fund pursuant to section 2 of this act, the Legislature shall determine the statewide base per pupil funding amount for each fiscal year of the biennium, which is the amount of money expressed on a per pupil basis for the projected enrollment of the public schools in this State, determined to be sufficient by the Legislature to fund the costs of all public schools in this State to operate and provide general education to all pupils for any purpose for which specific funding is not appropriated pursuant to paragraph (a), (b) or (e) of subsection 2. It is the intent of the Legislature that the statewide base per pupil funding amount for any fiscal year, to the extent practicable, be not less than the statewide base per pupil funding amount for the immediately preceding fiscal year, adjusted by inflation, unless the amount of money contained in the State Education Fund, excluding the Education Stabilization Account or any account created pursuant to subsection 5 of section 2 of this act, decreases from the preceding fiscal year. If the amount of money contained in the State Education Fund, excluding the Education Stabilization Account or any account created pursuant to subsection 5 of section 2 of this act, decreases from the preceding fiscal year, it is the intent of the Legislature that a proportional reduction be made in both the statewide base per pupil funding amount and the weighted funding appropriated pursuant to paragraph (e) of subsection 2.
2. After a direct legislative appropriation is made to the State Education Fund from the State General Fund pursuant to section 2 of this act, the money in the State Education Fund, excluding any amount of money in the Education Stabilization Account or in any account established pursuant to subsection 5 of section 2 of this act, must be appropriated as established by law for each fiscal year of the biennium for the following purposes:
(a) To the Department, an amount of money determined to be sufficient by the Legislature, when combined with any other resources available for this purpose, to fund the operation of the State Board, the Superintendent of Public Instruction and the Department, including, without limitation, the statewide administration and oversight of the public schools and any educational programs administered by this State.
κ2019 Statutes of Nevada, Page 4199 (CHAPTER 624, SB 543)κ
without limitation, the statewide administration and oversight of the public schools and any educational programs administered by this State.
(b) To each school district, an amount of money determined to be sufficient by the Legislature, when combined with any other resources available for this purpose, to provide food services and transportation for pupils and any other similar service that the Legislature deems appropriate.
(c) To each school district, an amount of money determined to be sufficient by the Legislature, when combined with any other resources available for this purpose, to provide adjusted base per pupil funding for each pupil estimated to be enrolled in the school district.
(d) To each charter school or university school for profoundly gifted pupils, an amount of money determined to be sufficient by the Legislature, when combined with any other resources available for this purpose, to provide:
(1) The statewide base per pupil funding amount for each pupil estimated to be enrolled full-time in a program of distance education provided by the charter school or university school for profoundly gifted pupils; and
(2) Adjusted base per pupil funding for each pupil estimated to be enrolled in the charter school or university school for profoundly gifted pupils other than a pupil identified in subparagraph (1).
(e) To each school district, charter school or university school for profoundly gifted pupils, an amount of money determined to be sufficient by the Legislature, when combined with any other resources available for this purpose, to provide additional weighted funding for each pupil estimated to be enrolled in the school district, charter school or university school for profoundly gifted pupils who is:
(1) An English learner;
(2) An at-risk pupil;
(3) A pupil with a disability; or
(4) A gifted and talented pupil.
3. The adjusted base per pupil funding appropriated pursuant to paragraph (c) of subsection 2 for each school district must be determined by applying the cost adjustment factor established pursuant to section 5 of this act which applies to the school district, the adjustment for necessarily small schools established pursuant to section 6 of this act which applies to the school district and the small district equity adjustment established pursuant to section 7 of this act which applies to the school district to the statewide base per pupil funding amount.
4. The adjusted base per pupil funding appropriated pursuant to subparagraph (2) of paragraph (d) of subsection 2 for each charter school or university school for profoundly gifted pupils must be determined by applying the cost adjustment factor established pursuant to section 5 of this act which applies to the charter school or university school to the statewide base per pupil funding amount.
5. The weighted funding appropriated pursuant to paragraph (e) of subsection 2 must be established separately for each category of pupils identified in that paragraph and expressed as a multiplier to be applied to the statewide base per pupil funding amount determined pursuant to subsection 1. A pupil who belongs to more than one category of pupils must receive only the weighted funding for the single category to which the pupil belongs which has the largest multiplier.
κ2019 Statutes of Nevada, Page 4200 (CHAPTER 624, SB 543)κ
the pupil belongs which has the largest multiplier. It is the intent of the Legislature that, to the extent practicable:
(a) The multiplier for each category of pupils for any fiscal year be not less than the multiplier for the immediately preceding fiscal year unless:
(1) The amount of money contained in the State Education Fund, excluding the Education Stabilization Account or any account created pursuant to subsection 5 of section 2 of this act, decreases from the preceding fiscal year, in which event it is the intent of the Legislature that a proportional reduction be made in both the statewide base per pupil funding amount and the weighted funding appropriated pursuant to paragraph (e) of subsection 2; or
(2) The amount of money contained in the State Education Fund, excluding the Education Stabilization Account or any account created pursuant to subsection 5 of section 2 of this act, increases from the preceding fiscal year but in an amount which, after funding the appropriations required by paragraphs (a) to (d), inclusive, of subsection 2, is insufficient to fund the multiplier for each category of pupils, in which event it is the intent of the Legislature that the remaining money in the State Education Fund be used to provide a multiplier for each category of pupils which is as close as practicable to the multiplier for the preceding fiscal year;
(b) The recommendations of the Commission for the multiplier for each category of pupils be considered and the multiplier for one category of pupils may be changed by an amount that is not proportional to the change in the multiplier for one or more other categories of pupils if the Legislature determines that a disproportionate need to serve the pupils in the affected category exists; and
(c) If the multipliers for all categories of pupils in a fiscal year are increased from the multipliers in the immediately preceding fiscal year, a proportional increase is considered for the statewide base per pupil funding amount.
6. For any money identified in subsection 4 of NRS 362.170 which is deposited to the credit of the State Education Fund:
(a) The amount of such money for the county from which the money was collected that does not exceed the total amount of money appropriated pursuant to subsection 2 to the county school district is deemed to be the first money appropriated pursuant to subsection 2 for that county school district.
(b) The amount of such money for the county from which the money was collected which exceeds the total amount of money appropriated pursuant to subsection 2 to the county school district must be transferred to the county school district and is hereby authorized for expenditure as a continuing appropriation for the purpose of mitigating the adverse effects of the cyclical nature of the industry of extracting and processing minerals on the ability of the county school district to offer its pupils a reasonably equal educational opportunity.
7. The weighted funding appropriated pursuant to paragraph (e) of subsection 2:
(a) May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district or the governing body of a charter school and the school district or governing body or to settle any negotiations; and
κ2019 Statutes of Nevada, Page 4201 (CHAPTER 624, SB 543)κ
(b) May not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.
Sec. 5. 1. To account for variation between the counties of this State in the cost of living and the cost of labor, the Department shall establish by regulation cost adjustment factors for the school district located in, and each charter school that provides classroom-based instruction in, each county of this State.
2. Not later than May 1 of each even-numbered year, the Department shall review and determine whether revisions are necessary to the cost adjustment factors for the school district located in each county of this State. The Department shall present the review and any revisions at a meeting of the Legislative Committee on Education for consideration and recommendations by the Committee. After the meeting, the Department shall consider any recommendations of the Legislative Committee on Education, determine whether to include those recommendations and adopt by regulation any revision to the cost adjustment factors. The Department shall submit any revision to the cost adjustment factors to each school district, the Governor and the Director of the Legislative Counsel Bureau.
Sec. 6. 1. To account for the increased cost to a school district to operate a public school for a small number of pupils which may be necessary in certain circumstances, the Department shall establish by regulation a method to calculate an adjustment for each necessarily small school.
2. Not later than May 1 of each even-numbered year, the Department shall review and determine whether revisions are necessary to the method for determining the adjustment for each necessarily small school. The Department shall present the review and any revisions at a meeting of the Legislative Committee on Education for consideration and recommendations by the Committee. After the meeting, the Department shall consider any recommendations of the Legislative Committee on Education, determine whether to include those recommendations and adopt by regulation any revision to the method. The Department shall submit any revision to the method to each school district, the Governor and the Director of the Legislative Counsel Bureau.
Sec. 7. 1. To account for the increased cost per pupil to operate a school district in which relatively fewer pupils are enrolled, the Department shall establish by regulation a small district equity adjustment.
2. Not later than May 1 of each even-numbered year, the Department shall review and determine whether revisions are necessary to the method for calculating the small district equity adjustment. The Department shall present the review and any revisions at a meeting of the Legislative Committee on Education for consideration and recommendations by the Committee. After the meeting, the Department shall consider any recommendations of the Legislative Committee on Education, determine whether to include those recommendations and adopt by regulation any revision to the method. The Department shall submit any revision to the method to each school district, the Governor and the Director of the Legislative Counsel Bureau.
Sec. 8. 1. Except as otherwise provided in subsection 2, each school district shall ensure that all adjusted base per pupil funding received by the school district pursuant to paragraph (c) of subsection 2 of section 4 of this act is accounted for separately and, after a deduction for the administrative expenses of the school district in an amount which does not exceed the amount prescribed by the Department by regulation for each school district.
κ2019 Statutes of Nevada, Page 4202 (CHAPTER 624, SB 543)κ
expenses of the school district in an amount which does not exceed the amount prescribed by the Department by regulation for each school district. Any money received by a school district to support a necessarily small school, as determined pursuant to section 6 of this act, must be distributed to such schools. The adjusted base per pupil funding provided to each school district must:
(a) Be distributed by each school district to its public schools in a manner that ensures each pupil in the school district receives a reasonably equal educational opportunity.
(b) Be used to support the educational needs of all pupils in the school district, including, without limitation, operating each public school in the school district, training and supporting educational personnel and carrying out any program or service established by, or requirement imposed pursuant to, this title for any purpose for which specific funding is not appropriated pursuant to paragraph (a), (b) or (e) of subsection 2 of section 4 of this act.
2. If a school district determines that an additional amount of money is necessary to satisfy requirements for maintenance of effort or any other requirement under federal law for pupils with disabilities enrolled in the school district, the school district may transfer the necessary amount of money from the adjusted base per pupil funding received by the school district for that purpose.
3. Each school district shall ensure that all weighted funding received by the school district pursuant to paragraph (e) of subsection 2 of section 4 of this act is accounted for separately and distributed directly to each school in which the relevant pupils are enrolled.
4. Each public school shall account separately for the adjusted base per pupil funding received by the public school pursuant to paragraph (c) of subsection 2 of section 4 of this act and for each category of weighted funding received by the public school pursuant to paragraph (e) of subsection 2 of section 4 of this act. Unless the provisions of subsection 7 or 8 impose greater restrictions on the use of weighted funding by a public school, the public school must use the weighted funding received for each relevant pupil:
(a) As a supplement to the adjusted base per pupil funding received for the pupil; and
(b) Solely for the purpose of providing such additional educational programs, services or support as are necessary to ensure the pupil receives a reasonably equal educational opportunity.
5. Except as otherwise provided in subsection 6, the separate accounting required by subsection 4 for pupils with disabilities and gifted and talented pupils must include:
(a) The amount of money provided to the public school for special education; and
(b) The cost of:
(1) Instruction provided by licensed special education teachers and supporting staff;
(2) Related services, including, without limitation, services provided by psychologists, therapists and health-related personnel;
(3) Transportation of the pupils with disabilities and gifted and talented pupils to and from school;
(4) The direct supervision of educational and supporting programs; and
κ2019 Statutes of Nevada, Page 4203 (CHAPTER 624, SB 543)κ
(5) The supplies and equipment needed for providing special education.
6. Money received from federal sources must be accounted for separately and excluded from the accounting required pursuant to subsection 5.
7. A public school that receives weighted funding for one or more at-risk pupils must use that weighted funding only to provide Victory services and, if one or more at-risk pupils for whom the school received weighted funding in the at-risk pupil category also belong to one or more other categories of pupils who receive weighted funding, the additional services for each such at-risk pupil which are appropriate for each category to which the at-risk pupil belongs.
8. A public school that receives weighted funding for one or more pupils who are English learners must use that weighted funding only to provide Zoom services and, if one or more English learners for whom the school received weighted funding in the English learner category also belong to one or more other categories of pupils who receive weighted funding, the additional services for each such English learner which are appropriate for each category to which the English learner belongs.
9. The Department shall adopt regulations prescribing the maximum amount of money that each school district may deduct for its administrative expenses from the adjusted base per pupil funding received by the school district. When adopting such regulations, the Department may express the maximum amount of money that may be deducted as a percentage of the adjusted base per pupil funding received by the school district.
10. As used in this section:
(a) Victory services means any one or more of the following services:
(1) A prekindergarten program provided free of charge.
(2) A summer academy or other instruction for pupils provided free of charge at times during the year when school is not in session.
(3) Additional instruction or other learning opportunities provided free of charge at times of day when school is not in session.
(4) Professional development for teachers and other educational personnel concerning instructional practices and strategies that have proven to be an effective means to increase pupil achievement in populations of at-risk pupils.
(5) Incentives for hiring and retaining teachers and other licensed educational personnel who provide Victory services.
(6) Employment of paraprofessionals, other educational personnel and other persons who provide Victory services.
(7) A reading skills center.
(8) Integrated student supports, wrap-around services and evidence-based programs designed to meet the needs of at-risk pupils.
(9) Any other service or program that has a demonstrated record of success for similarly situated pupils in comparable school districts and has been reviewed and approved as a Victory service by the Superintendent of Public Instruction.
(b) Zoom services means any one or more of the following services:
(1) A prekindergarten program provided free of charge.
(2) A reading skills center.
κ2019 Statutes of Nevada, Page 4204 (CHAPTER 624, SB 543)κ
(3) Professional development for teachers and other licensed educational personnel regarding effective instructional practices and strategies for pupils who are English learners.
(4) Incentives for hiring and retaining teachers and other licensed educational personnel who provide Zoom services.
(5) Engagement and involvement with parents and families of pupils who are English learners, including, without limitation, increasing effective, culturally appropriate communication with and outreach to parents and families to support the academic achievement of those pupils.
(6) A summer academy or, for those schools that do not operate on a traditional school calendar, an intersession academy provided free of charge, including, without limitation, the provision of transportation to attend the summer academy or intersession academy.
(7) An extended school day.
(8) Any other service or program that has a demonstrated record of success for similarly situated pupils in comparable school districts and has been reviewed and approved as a Zoom service by the Superintendent of Public Instruction.
Sec. 9. 1. Except as otherwise provided in subsection 5, for the purpose of establishing budgetary estimates for expenditures and revenues for the State Education Fund as prescribed by the State Budget Act, the Governor shall, to the extent practicable, ensure that an amount of money in the State General Fund is reserved in the proposed executive budget for transfer to the State Education Fund which is sufficient to fully fund:
(a) If the Economic Forum projects that the revenue collected by the State for general, unrestricted uses will increase by a rate that is greater than the combined rate of inflation and the growth of enrollment in the public schools in this State in the immediately preceding biennium, an amount of money in the State General Fund for transfer to the State Education Fund for the subsequent biennium which is not less than the amount of money transferred to the State Education Fund from the State General Fund for the immediately preceding biennium increased by an amount not less than the rate of increase for the revenue collected by the State as projected by the Economic Forum.
(b) If the Economic Forum projects that the revenue collected by the State for general, unrestricted uses will increase by a rate that is not greater than the combined rate of inflation and the growth of enrollment in the public schools in this State in the immediately preceding biennium, an amount of money in the State General Fund for transfer to the State Education Fund for the subsequent biennium which is not less than the amount of money transferred to the State Education Fund from the State General Fund for the immediately preceding biennium increased by an amount not less than the combined rate of inflation and the growth of enrollment in the public schools in this State.
(c) If the Economic Forum projects that the revenue collected by the State for general, unrestricted uses will decrease, an amount of money in the State General Fund for transfer to the State Education Fund for the subsequent biennium which is not less than the amount of money transferred to the State Education Fund from the State General Fund for the immediately preceding biennium decreased by an amount not greater than the rate of decrease for the revenue collected by the State as projected by the Economic Forum.
κ2019 Statutes of Nevada, Page 4205 (CHAPTER 624, SB 543)κ
2. Except as otherwise provided in subsection 5, as part of the proposed executive budget, the Governor shall, to the extent practicable, include recommendations for:
(a) The statewide base per pupil funding amount, which must be equal to the statewide base per pupil funding amount for the immediately preceding biennium increased by an amount not less than the combined rate of inflation and the growth of enrollment in the public schools in this State unless the amount of money contained in the State Education Fund, excluding the Education Stabilization Account or any account created pursuant to subsection 5 of section 2 of this act, decreases from the immediately preceding biennium, in which event the Governor must recommend a proportional reduction to both the statewide base per pupil funding amount and the multiplier for each category of pupils pursuant to paragraph (b); and
(b) The multiplier for each category of pupils, which must not be less than the multiplier for the immediately preceding biennium unless:
(1) The amount of money contained in the State Education Fund, excluding the Education Stabilization Account or any account created pursuant to subsection 5 of section 2 of this act, decreases from the immediately preceding biennium, in which event the Governor must recommend a proportional reduction to both the statewide base per pupil funding amount pursuant to paragraph (a) and the multiplier for each category of pupils; or
(2) The amount of money contained in the State Education Fund, excluding the Education Stabilization Account or any account created pursuant to subsection 5 of section 2 of this act, increases from the preceding fiscal year but in an amount which, after recommending the statewide base per pupil funding amount pursuant to paragraph (a), is insufficient to fund the multiplier for each category of pupils, in which event the Governor must recommend the remaining money in the State Education Fund, excluding the Education Stabilization Account or any account created pursuant to subsection 5 of section 2 of this act, be used to provide a multiplier for each category of pupils which is as close as practicable to the multiplier for the preceding fiscal year.
3. When determining the amount of money to reserve for transfer from the State General Fund to the State Education Fund pursuant to subsection 1, the Governor shall consider the recommendations of the Commission, as revised by the Legislative Committee on Education, if applicable, for an optimal level of funding for education and may reserve an additional amount of money for transfer to the State Education Fund that the Governor determines to be sufficient to fund any recommendation or any portion of a recommendation that the Governor includes in the proposed executive budget.
4. As part of the proposed executive budget, the Governor may recommend to the Legislature a revision to any appropriation made by law pursuant to section 4 of this act, including, without limitation, the statewide base per pupil funding amount, the adjusted base per pupil funding for any school district, the multiplier for weighted funding for any category of pupils or the creation or elimination of a category of pupils to receive additional weighted funding. The Governor may recommend additional funding for any recommendation made pursuant to this subsection.
κ2019 Statutes of Nevada, Page 4206 (CHAPTER 624, SB 543)κ
5. If the Governor determines that it would be impracticable to prepare the proposed executive budget as described in subsection 1 or 2, the Governor may instead include in the proposed executive budget a recommendation for such funding for the public schools in this State as he or she determines to be appropriate. If the Governor includes in the proposed executive budget recommendations pursuant to this subsection, the recommendations must be accompanied by such recommendations for legislation as the Governor determines to be appropriate to improve the method by which funding for the public schools in this State is determined.
6. As used in this section, rate of inflation means the percentage of increase or decrease in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the United States Department of Labor for the immediately preceding calendar year 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 Governor.
Sec. 10. 1. The Commission on School Funding, consisting of 11 members, is hereby created.
2. The Commission consists of the following members, who may not be Legislators:
(a) One member appointed by the Governor, who serves as Chair;
(b) Two members appointed by the Majority Leader of the Senate;
(c) Two members appointed by the Speaker of the Assembly;
(d) One member appointed by the Minority Leader of the Senate;
(e) One member appointed by the Minority Leader of the Assembly;
(f) Two members appointed by the Governor, each of whom is the chief financial officer of a school district in this State which has more than 40,000 pupils enrolled in its public schools, nominated by the Nevada Association of School Superintendents or its successor organization; and
(g) Two members appointed by the Governor, each of whom is the chief financial officer of a school district in this State which has 40,000 or fewer pupils enrolled in its public schools, nominated by the Nevada Association of School Superintendents or its successor organization.
Κ In making appointments to the Commission, the appointing authorities shall consider whether the membership generally reflects the geographic distribution of pupils in the State.
3. Each member of the Commission must:
(a) Be a resident of this State;
(b) Not have been registered as a lobbyist pursuant to NRS 218H.200 for a period of at least 2 years immediately preceding appointment to the Commission;
(c) Have relevant experience in public education;
(d) Have relevant experience in fiscal policy, school finance or similar or related financial activities;
(e) Have the education, experience and skills necessary to effectively execute the duties and responsibilities of a member of the Commission; and
(f) Have demonstrated ability in the field of economics, taxation or other discipline necessary to school finance and be able to bring knowledge and professional judgment to the deliberations of the Commission.
4. Each member of the Commission serves a term of 3 years and may be reappointed to additional terms.
κ2019 Statutes of Nevada, Page 4207 (CHAPTER 624, SB 543)κ
5. Each member may be removed by the appointing authority for good cause. A vacancy on the Commission must be filled in the same manner as the original appointment.
6. The Commission shall:
(a) Elect a Vice Chair from among its members at its first meeting for a term of 3 years. A vacancy in the office of Vice Chair must be filled by the Commission by election for the remainder of the existing term.
(b) Adopt such rules governing the conduct of the Commission as it deems necessary.
(c) Hold its first meeting on or before October 1, 2019, and hold such additional number of meetings as may be necessary to accomplish the tasks assigned to it in the time allotted.
7. A majority of the members of the Commission constitutes a quorum and a majority of those present must concur in any decision.
8. The Department shall provide the Commission with meeting rooms, data processing services and administrative and clerical assistance. The Superintendent of Public Instruction and Office of Finance shall jointly provide the Commission with professional staff services.
9. While engaged in the business of the Commission, each member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
Sec. 11. 1. The Commission shall:
(a) Provide guidance to school districts and the Department on the implementation of the Pupil-Centered Funding Plan.
(b) Monitor the implementation of the Pupil-Centered Funding Plan and make any recommendations to the Legislative Committee on Education that the Commission determines would, within the limits of appropriated funding, improve the implementation of the Pupil-Centered Funding Plan or correct any deficiencies of the Department or any school district or public school in carrying out the Pupil-Centered Funding Plan.
(c) Review the statewide base per pupil funding amount, the adjusted base per pupil funding for each school district and the multiplier for weighted funding for each category of pupils appropriated by law pursuant to section 4 of this act for each biennium and recommend any revisions the Commission determines to be appropriate to create an optimal level of funding for the public schools in this State, including, without limitation, by recommending the creation or elimination of one or more categories of pupils to receive additional weighted funding. If the Commission makes a recommendation pursuant to this paragraph which would require more money to implement than was appropriated from the State Education Fund in the immediately preceding biennium, the Commission shall also identify a method to fully fund the recommendation within 10 years after the date of the recommendation.
(d) Review the laws and regulations of this State relating to education, make recommendations to the Legislative Committee on Education for any revision of such laws and regulations that the Commission determines would improve the efficiency or effectiveness of public education in this State and notify each school district of each such recommendation.
(e) Review and recommend to the Department revisions of the cost adjustment factors for each county established pursuant to section 5 of this act, the method for determining the adjustment for each necessarily small school established pursuant to section 6 of this act and the method for calculating the small district equity adjustment established pursuant to section 7 of this act.
κ2019 Statutes of Nevada, Page 4208 (CHAPTER 624, SB 543)κ
school established pursuant to section 6 of this act and the method for calculating the small district equity adjustment established pursuant to section 7 of this act.
2. The Commission shall present any recommendations pursuant to paragraphs (a) to (d), inclusive, of subsection 1 at a meeting of the Legislative Committee on Education for consideration and revision by the Committee. The Legislative Committee on Education shall review each recommendation of the Commission and determine whether to transmit the recommendation or a revised version of the recommendation to the Governor or the Legislature.
Sec. 12. 1. On or before February 1 of each odd-numbered year, the Department shall create a report that includes a description of the personnel and services that the Department reasonably believes an average elementary school, middle school and high school in this State could employ and provide using the amount of money for public education contained in the proposed executive budget submitted by the Governor to the Legislature pursuant to NRS 353.230 when combined with all other money expected to be available for public education and submit the report to the Commission for review. The Commission shall review the report and provide to the Department any recommendations for revision of the report that the Commission determines to be appropriate. The Department shall consider the recommendations of the Commission, submit a final report to the Director of the Legislative Counsel Bureau for transmission to the Legislature and post the final report on an Internet website maintained by the Department not later than March 1 of each odd-numbered year.
2. On or before July 1 of each year, the Department shall create a report that includes a description of the personnel and services that the Department reasonably believes an average elementary school, middle school and high school in this State could employ and provide using the amount of money for public education appropriated by the Legislature when combined with all other money expected to be available for public education and submit the report to the Commission for review. The Commission shall review the report and provide any recommendations for revision of the report that it determines to be appropriate to the Department. The Department shall consider the recommendations of the Commission, submit a final report to the Director of the Legislative Counsel Bureau for transmission to the Legislative Committee on Education and post the final report on an Internet website maintained by the Department not later than August 1 of each year.
3. On or before October 1 of each year, each school district shall create a report that includes a description of the personnel employed and services provided by the school district during the immediately preceding school year and any changes that the school district anticipates making to the personnel and services during the current school year. The school district shall post a copy of the report on the Internet website maintained by the school district.
4. On or before October 1 of each year, each public school shall create a report that includes a description of the personnel employed and services provided by the school during the immediately preceding school year and any changes the school anticipates making to the personnel and services during the current school year. The public school shall provide a written copy of the report to the parent or legal guardian of each pupil who attends the public school and, if the public school maintains an Internet website, post a copy of the report on the website.
κ2019 Statutes of Nevada, Page 4209 (CHAPTER 624, SB 543)κ
attends the public school and, if the public school maintains an Internet website, post a copy of the report on the website.
5. The Department shall prescribe by regulation the format and contents of the information to be provided to create the reports required pursuant to subsections 1 and 2 by the Department and for the report created by each school district pursuant to subsection 3 and each public school pursuant to subsection 4. The reports must include, as applicable and without limitation:
(a) Each grade level at which the public school enrolls pupils;
(b) The number of pupils attending the public school;
(c) The average class size at the public school;
(d) The number of persons employed by the public school to provide instruction, support to pupils, administrative support and other personnel including, without limitation, the number of employees in any subgroup of each type or classification of personnel as prescribed by the Department;
(e) The professional development provided to each teacher at the public school;
(f) The amount of money spent per pupil for supplies, materials, equipment and textbooks;
(g) For each category of pupils for which the public school receives any additional funding, including, without limitation, pupils with disabilities, pupils who are English learners, at-risk pupils and gifted and talented pupils:
(1) The number of pupils in each category who attend the public school;
(2) If the Department determines that pupils within a category must be divided based on severity of need, the number of pupils in each such subcategory; and
(3) The number of persons employed to provide instruction, support to pupils, administrative support and other personnel employed by the public school and dedicated to providing services to each category or subcategory of pupils, including, without limitation, any subgroup of each kind of personnel prescribed by the Department;
(h) The total amount of money received to support the operations of the public school, divided by the number of pupils enrolled in the public school and expressed as a per pupil amount;
(i) The total amount of money received by the public school as adjusted base per pupil funding, divided by the number of pupils enrolled in the public school and expressed as a per pupil amount; and
(j) The amount of money received by the public school as weighted funding for each category of pupils supported by weighted funding, divided by the number of pupils enrolled in the public school who are identified in the appropriate category and expressed as a per pupil amount for each category.
Sec. 13. NRS 387.030 is hereby amended to read as follows:
387.030 All money derived from interest on the State Permanent School Fund, together with all money derived from other sources provided by law, must:
1. Except as otherwise provided in NRS 387.191 , [and 387.193,] be placed in the State [Distributive School Account which is hereby created in the State General] Education Fund; and
κ2019 Statutes of Nevada, Page 4210 (CHAPTER 624, SB 543)κ
2. Except as otherwise provided in NRS 387.528, be apportioned among the several school districts and charter schools of this State at the times and in the manner provided by law.
Sec. 14. NRS 387.047 is hereby amended to read as follows:
387.047 1. Except as otherwise provided in this section, each school district and charter school shall separately account for all money received for the instruction of and the provision of related services to [pupils with disabilities,] pupils who receive early intervening services . [and gifted and talented pupils described by NRS 388.419 and 388.5267.]
2. The separate accounting must include:
(a) The amount of money provided to the school district or charter school for special education for basic support;
(b) Transfers of money from the general fund of the school district or charter school needed to balance the special revenue fund; and
(c) [The cost of:
(1) Instruction provided by licensed special education teachers and supporting staff;
(2) Related services, including, but not limited to, services provided by psychologists, therapists and health-related personnel;
(3) Transportation of the pupils with disabilities and gifted and talented pupils to and from school;
(4) The direct supervision of educational and supporting programs; and
(5) The supplies and equipment needed for providing special education; and
(d)] The amount of money, if any, expended by the school district or charter school for early intervening services provided pursuant to subsection 3 of NRS 388.429.
3. Money received from federal sources must be:
(a) Accounted for separately; and
(b) Excluded from the accounting required pursuant to this section.
Sec. 15. NRS 387.121 is hereby amended to read as follows:
387.121 1. The Legislature declares that the proper objective of state financial aid to public education is to ensure each Nevada child a reasonably equal educational opportunity. Recognizing wide local variations in wealth and costs per pupil, this State should supplement local financial ability to whatever extent necessary in each school district to provide programs of instruction in both compulsory and elective subjects that offer full opportunity for every Nevada child to receive the benefit of the purposes for which public schools are maintained. Therefore, the quintessence of the States financial obligation for such programs can be expressed [in a formula partially on a per pupil basis and partially on a per program basis as: State financial aid to school districts equals the difference between school district basic support guarantee and local available funds produced by mandatory taxes minus all the local funds attributable to pupils who reside in the county but attend a charter school or a university school for profoundly gifted pupils.] by combining money raised pursuant to state law at the local level with state money to provide a certain basic level of support to each pupil in this State, adjusted to account for variation in the local costs to provide a reasonably equal educational opportunity to pupils and for the costs of providing a reasonably equal educational opportunity to pupils with certain additional educational needs. This formula is designated the [Nevada] Pupil-Centered Funding Plan.
κ2019 Statutes of Nevada, Page 4211 (CHAPTER 624, SB 543)κ
2. It is the intent of the Legislature [, commencing with Fiscal Year 2016-2017, to provide additional resources to the Nevada Plan expressed as a multiplier of the basic support guarantee to meet the unique needs of certain categories of pupils, including, without limitation, pupils with disabilities, pupils who are English learners, pupils who are at risk and gifted and talented pupils. As used in this subsection, pupils who are at risk means pupils who are eligible for free or reduced-price lunch pursuant to 42 U.S.C. §§ 1751 et seq., or an alternative measure prescribed by the State Board of Education.] to accomplish the transition to the Pupil-Centered Funding Plan without causing an unexpected loss of revenue to any school district which may receive less money under the Pupil-Centered Funding Plan than the district received during the fiscal year ending on June 30, 2020. Except as otherwise provided in subsection 3, if a school district would receive less money under the Pupil-Centered Funding Plan than the district received during the fiscal year ending on June 30, 2020, it is the intent of the Legislature that the school district instead receive the same level of funding that the district received during the fiscal year ending on June 30, 2020, and be given the flexibility to reapportion money between its adjusted base per pupil funding and weighted funding in a manner similar to the apportionment of such money in the fiscal year ending on June 30, 2020, to ensure that each pupil in the district receives a reasonably equal educational opportunity.
3. It is the intent of the Legislature to ensure that no school district that receives a modified allocation of money as described in subsection 2 receives less funding in a school year than the school district received in the immediately preceding school year unless the enrollment in the school district continues to decline for a period of 2 years or more. In the event of such an enrollment decline, it is the intent of the Legislature to determine an appropriate method to mitigate the effects of a continued decline in enrollment, which may include, without limitation, appropriating money to the school district as if the number of pupils enrolled in the district equaled the average number of pupils enrolled in the district over a rolling 3-year period.
Sec. 16. NRS 387.1211 is hereby amended to read as follows:
387.1211 As used in NRS 387.121 to [387.1245,] 387.1244, inclusive [:] , and sections 2 to 12, inclusive, of this act:
1. At-risk pupil means a pupil who is eligible for free or reduced-price lunches pursuant to 42 U.S.C. §§ 1751 et seq., or an alternative measure prescribed by the State Board.
2. Average daily attendance means the total number of pupils attending a particular school each day during a period of reporting divided by the number of days school is in session during that period.
[2.] 3. Average daily enrollment means the total number of pupils enrolled in and scheduled to attend a public school in a specific school district during a period of reporting divided by the number of days school is in session during that period.
[3.] 4. Commission means the Commission on School Funding created by section 10 of this act.
5. Enrollment means the count of pupils enrolled in and scheduled to attend programs of instruction of a school district, charter school or university school for profoundly gifted pupils at a specified time during the school year.
κ2019 Statutes of Nevada, Page 4212 (CHAPTER 624, SB 543)κ
Sec. 17. NRS 387.1223 is hereby amended to read as follows:
387.1223 1. On or before October 1, January 1, April 1 and July 1, each school district shall report to the Department, in the form prescribed by the Department, the average daily enrollment of pupils pursuant to this section for the immediately preceding quarter of the school year.
2. Except as otherwise provided in subsection 3, [basic support of] the yearly apportionment from the State Education Fund for each school district must be computed by:
(a) Multiplying the [basic support guarantee] adjusted base per pupil funding established for that school district for that school year by the sum of:
(1) The count of pupils enrolled in kindergarten and grades 1 to 12, inclusive, in a public school in the school district based on the average daily enrollment of those pupils during the quarter . [, including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school and the count of pupils who are enrolled in a university school for profoundly gifted pupils located in the county.]
(2) The count of pupils not included under subparagraph (1) who are enrolled full-time in a program of distance education provided by that school district, [a charter school located within that school district or a university school for profoundly gifted pupils,] based on the average daily enrollment of those pupils during the quarter.
(3) The count of pupils who reside in the county and are enrolled:
(I) In a public school of the school district and are concurrently enrolled part-time in a program of distance education provided by another school district or a charter school or receiving a portion of his or her instruction from a participating entity, as defined in NRS 353B.750, based on the average daily enrollment of those pupils during the quarter.
(II) In a charter school and are concurrently enrolled part-time in a program of distance education provided by [a] the school district , [or another charter school or receiving a portion of his or her instruction from a participating entity, as defined in NRS 353B.750,] based on the average daily enrollment of those pupils during the quarter.
(4) The count of pupils not included under subparagraph (1), (2) or (3), who are receiving special education pursuant to the provisions of NRS 388.417 to 388.469, inclusive, and 388.5251 to 388.5267, inclusive, based on the average daily enrollment of those pupils during the quarter and excluding the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to NRS 388.435.
(5) Six-tenths the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to NRS 388.435, based on the average daily enrollment of those pupils during the quarter.
(6) The count of children detained in facilities for the detention of children, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570, based on the average daily enrollment of those pupils during the quarter.
(7) The count of pupils who are enrolled in classes for at least one semester pursuant to subsection 1 of NRS 388A.471, subsection 1 of NRS 388A.474, subsection 1 of NRS 392.074, or subsection 1 of NRS 388B.280 or any regulations adopted pursuant to NRS 388B.060 that authorize a child who is enrolled at a public school of a school district or a private school or a homeschooled child to participate in a class at an achievement charter school, based on the average daily enrollment of pupils during the quarter and expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (1).
κ2019 Statutes of Nevada, Page 4213 (CHAPTER 624, SB 543)κ
and expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (1).
(b) Adding to the [amounts] amount computed in paragraph (a) [.] the amounts appropriated pursuant to paragraphs (b) and (e) of subsection 2 of section 4 of this act.
3. Except as otherwise provided in subsection 4, if the enrollment of pupils in a school district or a charter school that is located within the school district based on the average daily enrollment of pupils during the quarter of the school year is less than or equal to 95 percent of the enrollment of pupils in the same school district or charter school based on the average daily enrollment of pupils during the same quarter of the immediately preceding school year, the enrollment of pupils during the same quarter of the immediately preceding school year must be used for purposes of making the [quarterly] monthly apportionments from the State [Distributive School Account] Education Fund to that school district or charter school pursuant to NRS 387.124.
4. If the Department determines that a school district or charter school deliberately causes a decline in the enrollment of pupils in the school district or charter school to receive a higher apportionment pursuant to subsection 3, including, without limitation, by eliminating grades or moving into smaller facilities, the enrollment number from the current school year must be used for purposes of apportioning money from the State [Distributive School Account] Education Fund to that school district or charter school pursuant to NRS 387.124.
5. The Department shall prescribe a process for reconciling the quarterly reports submitted pursuant to subsection 1 to account for pupils who leave the school district or a public school during the school year.
6. Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees must be credited with attendance during that period.
7. Pupils who are incarcerated in a facility or institution operated by the Department of Corrections must not be counted for the purpose of computing [basic support] the yearly apportionment pursuant to this section. The average daily attendance for such pupils must be reported to the Department of Education.
8. Pupils who are enrolled in courses which are approved by the Department as meeting the requirements for an adult to earn a high school diploma must not be counted for the purpose of computing [basic support] the yearly apportionment pursuant to this section.
Sec. 18. NRS 387.1225 is hereby amended to read as follows:
387.1225 1. A hospital or other facility which is licensed by the Division of Public and Behavioral Health of the Department of Health and Human Services that provides residential treatment to children and which operates a private school licensed pursuant to chapter 394 of NRS may request reimbursement from the Department for the cost of providing educational services to a child who:
(a) The Department verifies is a patient or resident of the hospital or facility; and
(b) Attends the private school for more than 7 school days.
2. Upon receiving a request for reimbursement, the Department shall determine the amount of reimbursement to which the hospital or facility is entitled as a percentage of the [basic support guarantee] adjusted base per pupil funding for the school district which the child would otherwise attend or the statewide base per pupil funding amount for the charter school which the child would otherwise attend, as applicable, and withhold that amount from the school district or charter school where the child would attend school if the child were not placed in the hospital or facility.
κ2019 Statutes of Nevada, Page 4214 (CHAPTER 624, SB 543)κ
entitled as a percentage of the [basic support guarantee] adjusted base per pupil funding for the school district which the child would otherwise attend or the statewide base per pupil funding amount for the charter school which the child would otherwise attend, as applicable, and withhold that amount from the school district or charter school where the child would attend school if the child were not placed in the hospital or facility. If the child is a pupil with a disability, the hospital or facility is also entitled to a corresponding percentage of the [statewide multiplier included in the basic support guarantee per pupil pursuant to NRS 387.122.] weighted funding for the pupil established pursuant to section 4 of this act. The Department shall distribute the money withheld from the school district or charter school to the hospital or facility.
3. For the purposes of subsection 2, the amount of reimbursement to which the hospital or facility is entitled must be calculated on the basis of the number of school days the child is a patient or resident of the hospital or facility and attends the private school, excluding the 7 school days prescribed in paragraph (b) of subsection 1, in proportion to the number of days of instruction scheduled for that school year by the board of trustees of the school district or the charter school, as applicable.
4. The Department shall adopt any regulations necessary to carry out the provisions of this section.
5. As used in this section:
(a) Hospital has the meaning ascribed to it in NRS 449.012.
(b) Private school has the meaning ascribed to it in NRS 394.103.
Sec. 19. NRS 387.124 is hereby amended to read as follows:
387.124 Except as otherwise provided in this section and NRS 387.1241, 387.1242 and 387.528:
1. On or before [August 1, November 1, February 1 and May 1] the first day of each [year,] month, the Superintendent of Public Instruction shall apportion the State [Distributive School Account in the State General] Education Fund among the several county school districts, charter schools and university schools for profoundly gifted pupils in amounts approximating [one-fourth] one-twelfth of their respective yearly apportionments less any amount set aside as a reserve [.] or contained in the Education Stabilization Account or an account created pursuant to subsection 5 of section 2 of this act. Except as otherwise provided in NRS 387.1244, the apportionment to a school district, computed on a yearly basis, equals the [difference between the basic support and the local funds available pursuant to NRS 387.163, minus all the funds attributable to pupils who reside in the county but attend a charter school, all the funds attributable to pupils who reside in the county and are enrolled full-time or part-time in a program of distance education provided by another school district or a charter school, all the funds attributable to pupils who are enrolled in a university school for profoundly gifted pupils] amounts established by law for each school year pursuant to paragraphs (b), (c) and (e) of subsection 2 of section 4 of this act for all pupils who attend a public school operated by the school district located in the county [and] , minus all the funds deposited in education savings accounts established on behalf of children who reside in the county pursuant to NRS 353B.700 to 353B.930, inclusive. [No apportionment may be made to a school district if the amount of the local funds exceeds the amount of basic support.]
κ2019 Statutes of Nevada, Page 4215 (CHAPTER 624, SB 543)κ
2. Except as otherwise provided in NRS 387.1244, in addition to the apportionments made pursuant to this section, if a pupil is enrolled part-time in a program of distance education and part-time in a:
(a) Public school other than a charter school, an apportionment must be made to the school district in which the pupil resides. The school district in which the pupil resides shall allocate a percentage of the apportionment to the school district or charter school that provides the program of distance education in the amount set forth in the agreement entered into pursuant to NRS 388.854.
(b) Charter school, an apportionment must be made to the charter school in which the pupil is enrolled. The charter school in which the pupil is enrolled shall allocate a percentage of the apportionment to the school district or charter school that provides the program of distance education in the amount set forth in the agreement entered into pursuant to NRS 388.858.
3. The Superintendent of Public Instruction shall apportion, on or before August 1 of each year, the money designated as the Nutrition State Match pursuant to NRS 387.105 to those school districts that participate in the National School Lunch Program, 42 U.S.C. §§ 1751 et seq. The apportionment to a school district must be directly related to the districts reimbursements for the Program as compared with the total amount of reimbursements for all school districts in this State that participate in the Program.
[4. If the State Controller finds that such an action is needed to maintain the balance in the State General Fund at a level sufficient to pay the other appropriations from it, the State Controller may pay out the apportionments monthly, each approximately one-twelfth of the yearly apportionment less any amount set aside as a reserve. If such action is needed, the State Controller shall submit a report to the Office of Finance and the Fiscal Analysis Division of the Legislative Counsel Bureau documenting reasons for the action.]
Sec. 20. NRS 387.1241 is hereby amended to read as follows:
387.1241 Except as otherwise provided in [this section and] NRS 387.124, 387.1242, 387.1244 and 387.528:
1. The apportionment to a charter school, computed on a yearly basis, is equal to the [sum of the basic support per pupil in the county in which the pupil resides plus the amount of local funds available per pupil pursuant to NRS 387.163 and all other funds available for public schools in the county in which the pupil resides] amounts established by law for each school year pursuant to paragraphs (d) and (e) of subsection 2 of section 4 of this act for all pupils who attend the charter school, minus the sponsorship fee prescribed by NRS 388A.414 and minus all the funds attributable to pupils who are enrolled in the charter school but are concurrently enrolled part-time in a program of distance education provided by a school district or another charter school. [If the apportionment per pupil to a charter school is more than the amount to be apportioned to the school district in which a pupil who is enrolled in the charter school resides, the school district in which the pupil resides shall pay the difference directly to the charter school.
2. The apportionment to a charter school that is sponsored by the State Public Charter School Authority or by a college or university within the Nevada System of Higher Education, computed on a yearly basis, is equal to the sum of the basic support per pupil in the county in which the pupil resides plus the amount of local funds available per pupil pursuant to NRS 387.163 and all other funds available for public schools in the county in which the pupil resides, minus the sponsorship fee prescribed by NRS 388A.414 and minus all funds attributable to pupils who are enrolled in the charter school but are concurrently enrolled part-time in a program of distance education provided by a school district or another charter school.
κ2019 Statutes of Nevada, Page 4216 (CHAPTER 624, SB 543)κ
NRS 387.163 and all other funds available for public schools in the county in which the pupil resides, minus the sponsorship fee prescribed by NRS 388A.414 and minus all funds attributable to pupils who are enrolled in the charter school but are concurrently enrolled part-time in a program of distance education provided by a school district or another charter school.
3.] 2. The governing body of a charter school may submit a written request to the Superintendent of Public Instruction to receive, in the first year of operation of the charter school, an apportionment 30 days before the apportionment is required to be made pursuant to NRS 387.124. Upon receipt of such a request, the Superintendent of Public Instruction may make the apportionment 30 days before the apportionment is required to be made. A charter school may receive all [four] 12 apportionments in advance in its first year of operation.
Sec. 21. NRS 387.1242 is hereby amended to read as follows:
387.1242 Except as otherwise provided in NRS 387.124, 387.1241, 387.1244 and 387.528 [, the] :
1. The apportionment to a university school for profoundly gifted pupils, computed on a yearly basis, is equal to the [sum of the basic support per pupil in the county in which the university school is located plus the amount of local funds available per pupil pursuant to NRS 387.163 and all other funds available for public schools in the county in which the university school is located. If the apportionment per pupil to a university school for profoundly gifted pupils is more than the amount to be apportioned to the school district in which the university school is located, the school district shall pay the difference directly to] amounts established by law for each school year pursuant to paragraphs (d) and (e) of subsection 2 of section 4 of this act for all pupils who attend the university school.
2. The governing body of a university school for profoundly gifted pupils may submit a written request to the Superintendent of Public Instruction to receive, in the first year of operation of the university school, an apportionment 30 days before the apportionment is required to be made pursuant to subsection 1 of NRS 387.124. Upon receipt of such a request, the Superintendent of Public Instruction may make the apportionment 30 days before the apportionment is required to be made. A university school for profoundly gifted pupils may receive all [four] 12 apportionments in advance in its first year of operation.
Sec. 22. NRS 387.1243 is hereby amended to read as follows:
387.1243 1. The first apportionment based on an estimated number of pupils and succeeding apportionments are subject to adjustment from time to time as the need therefor may appear, including, without limitation, an adjustment made for a pupil who is not properly enrolled in or attending a public school, as determined through an independent audit or other examination conducted pursuant to NRS 387.1238 or through an annual audit of the count of pupils conducted pursuant to subsection 1 of NRS 387.304.
2. [The apportionments to a school district may be adjusted during a fiscal year by the Department of Education, upon approval by the State Board of Examiners and the Interim Finance Committee, if the Department of Taxation and the county assessor in the county in which the school district is located certify to the Department of Education that the school district will not receive the tax levied pursuant to subsection 1 of NRS 387.195 on property of the Federal Government located within the county if:
κ2019 Statutes of Nevada, Page 4217 (CHAPTER 624, SB 543)κ
(a) The leasehold interest, possessory interest, beneficial interest or beneficial use of the property is subject to taxation pursuant to NRS 361.157 and 361.159 and one or more lessees or users of the property are delinquent in paying the tax; and
(b) The total amount of tax owed but not paid for the fiscal year by any such lessees and users is at least 5 percent of the proceeds that the school district would have received from the tax levied pursuant to subsection 1 of NRS 387.195.
Κ If a lessee or user pays the tax owed after the school districts apportionment has been increased in accordance with the provisions of this subsection to compensate for the tax owed, the school district shall repay to the State Distributive School Account in the State General Fund an amount equal to the tax received from the lessee or user for the year in which the school district received an increased apportionment, not to exceed the increase in apportionments made to the school district pursuant to this subsection.
3.] On or before August 1 of each year, the board of trustees of a school district shall provide to the Department, in a format prescribed by the Department, the count of pupils calculated pursuant to subparagraph (7) of paragraph (a) of subsection 2 of NRS 387.1223 who completed at least one semester during the immediately preceding school year.
[4.] 3. If the final computation of apportionment for any school district, charter school or university school for profoundly gifted pupils exceeds the actual amount paid to the school district, charter school or university school for profoundly gifted pupils during the school year, the additional amount due must be paid before September 1. If the final computation of apportionment for any school district, charter school or university school for profoundly gifted pupils is less than the actual amount paid to the school district, charter school or university school for profoundly gifted pupils during the school year, the difference must be repaid to the State [Distributive School Account in the State General] Education Fund by the school district, charter school or university school for profoundly gifted pupils before September 25.
Sec. 23. NRS 387.1244 is hereby amended to read as follows:
387.1244 1. The Superintendent of Public Instruction may deduct from an apportionment otherwise payable to a school district, charter school or university school for profoundly gifted pupils pursuant to NRS 387.124 if the school district, charter school or university school:
(a) Fails to repay an amount due pursuant to subsection [4] 3 of NRS 387.1243. The amount of the deduction from the [quarterly] monthly apportionment must correspond to the amount due.
(b) Fails to repay an amount due the Department as a result of a determination that an expenditure was made which violates the terms of a grant administered by the Department. The amount of the deduction from the [quarterly] monthly apportionment must correspond to the amount due.
(c) Pays a claim determined to be unearned, illegal or unreasonably excessive as a result of an investigation conducted pursuant to NRS 387.3037. The amount of the deduction from the [quarterly] monthly apportionment must correspond to the amount of the claim which is determined to be unearned, illegal or unreasonably excessive.
Κ More than one deduction from [a quarterly] an apportionment otherwise payable to a school district, charter school or university school for profoundly gifted pupils may be made pursuant to this subsection if grounds exist for each such deduction.
κ2019 Statutes of Nevada, Page 4218 (CHAPTER 624, SB 543)κ
2. The Superintendent of Public Instruction may authorize the withholding of the entire amount of an apportionment otherwise payable to a school district, charter school or university school for profoundly gifted pupils pursuant to NRS 387.124, or a portion thereof, if the school district, charter school or university school for profoundly gifted pupils fails to submit a report or other information that is required to be submitted to the Superintendent, State Board or Department pursuant to a statute. [If a charter school fails to submit a report or other information that is required to be submitted to the Superintendent, State Board or Department through the sponsor of the charter school pursuant to a statute, the Superintendent may only authorize the withholding of the apportionment otherwise payable to the charter school and may not authorize the withholding of the apportionment otherwise payable to the sponsor of the charter school.] Before authorizing a withholding pursuant to this subsection, the Superintendent of Public Instruction shall provide notice to the school district, charter school or university school for profoundly gifted pupils of the report or other information that is due and provide the school district, charter school or university school with an opportunity to comply with the statute. Any amount withheld pursuant to this subsection must be accounted for separately in the State [Distributive School Account, does not revert to the State General] Education Fund [at the end of a fiscal year] and must be carried forward to the next fiscal year.
3. If, after an amount is withheld pursuant to subsection 2, the school district, charter school or university school for profoundly gifted pupils subsequently submits the report or other information required by a statute for which the withholding was made, the Superintendent of Public Instruction shall immediately authorize the payment of the amount withheld to the school district, charter school or university school for profoundly gifted pupils.
4. A school district, charter school or university school for profoundly gifted pupils may appeal to the State Board a decision of the Superintendent of Public Instruction to deduct or withhold from [a quarterly] an apportionment pursuant to this section. The Secretary of the State Board shall place the subject of the appeal on the agenda of the next meeting for consideration by the State Board.
Sec. 24. NRS 387.175 is hereby amended to read as follows:
387.175 The county school district fund is composed of:
1. [All local taxes for the maintenance and operation of public schools.
2.] All money received from the Federal Government for the maintenance and operation of public schools.
[3.] 2. Apportionments by this State as provided in NRS 387.124.
[4.] 3. Any other receipts, including gifts, for the operation and maintenance of the public schools in the county school district.
Sec. 25. NRS 387.185 is hereby amended to read as follows:
387.185 1. Except as otherwise provided in subsection 2 and NRS 387.528, unless the Superintendent of Public Instruction authorizes a withholding pursuant to NRS 387.1244, all school money due each county school district must be paid over by the State Treasurer to the county treasurer on [August 1, November 1, February 1 and May 1] or before the first day of each [year] month or as soon thereafter as the county treasurer may apply for it, upon the warrant of the State Controller drawn in conformity with the apportionment of the Superintendent of Public Instruction as provided in NRS 387.124.
κ2019 Statutes of Nevada, Page 4219 (CHAPTER 624, SB 543)κ
2. Except as otherwise provided in NRS 387.528, unless the Superintendent of Public Instruction authorizes a withholding pursuant to NRS 387.1244, if the board of trustees of a school district establishes and administers a separate account pursuant to the provisions of NRS 354.603, all school money due that school district must be paid over by the State Treasurer to the school district on [August 1, November 1, February 1 and May 1] or before the first day of each [year] month or as soon thereafter as the school district may apply for it, upon the warrant of the State Controller drawn in conformity with the apportionment of the Superintendent of Public Instruction as provided in NRS 387.124.
3. No county school district may receive any portion of the public school money unless that school district has complied with the provisions of this title and regulations adopted pursuant thereto.
4. Except as otherwise provided in this subsection, unless the Superintendent of Public Instruction authorizes a withholding pursuant to NRS 387.1244, all school money due each charter school must be paid over by the State Treasurer to the governing body of the charter school on [August 1, November 1, February 1 and May 1] or before the first day of each [year] month or as soon thereafter as the governing body may apply for it, upon the warrant of the State Controller drawn in conformity with the apportionment of the Superintendent of Public Instruction as provided in NRS 387.124. If the Superintendent of Public Instruction has approved, pursuant to subsection [3] 2 of NRS 387.1241, a request for payment of an apportionment 30 days before the apportionment is otherwise required to be made, the money due to the charter school must be paid by the State Treasurer to the governing body of the charter school on [July 1, October 1, January 1 or April 1, as applicable.] such date.
5. Except as otherwise provided in this subsection, unless the Superintendent of Public Instruction authorizes a withholding pursuant to NRS 387.1244, all school money due each university school for profoundly gifted pupils must be paid over by the State Treasurer to the governing body of the university school on [August 1, November 1, February 1 and May 1] or before the first day of each [year] month or as soon thereafter as the governing body may apply for it, upon the warrant of the State Controller drawn in conformity with the apportionment of the Superintendent of Public Instruction as provided in NRS 387.124. If the Superintendent of Public Instruction has approved, pursuant to NRS 387.1242, a request for payment of an apportionment 30 days before the apportionment is otherwise required to be made, the money due to the university school must be paid by the State Treasurer to the governing body of the university school on [July 1, October 1, January 1 or April 1, as applicable.] such date.
Sec. 26. NRS 387.191 is hereby amended to read as follows:
387.191 [1.] Except as otherwise provided in this [subsection,] section, the proceeds of the tax imposed pursuant to NRS 244.33561 and any applicable penalty or interest must be paid by the county treasurer to the State Treasurer for credit to the State [Supplemental School Support Account, which is hereby created in the State General] Education Fund. The county treasurer may retain from the proceeds an amount sufficient to reimburse the county for the actual cost of collecting and administering the tax, to the extent that the county incurs any cost it would not have incurred but for the enactment of this section and [NRS 387.193 or] NRS 244.33561, but in no case exceeding the amount authorized by statute for this purpose.
κ2019 Statutes of Nevada, Page 4220 (CHAPTER 624, SB 543)κ
[Any interest or other income earned on the money in the State Supplemental School Support Account must be credited to the Account.
2. On or before February 1, May 1, August 1 and November 1 of 2020, and on those dates each year thereafter, the Superintendent of Public Instruction shall transfer from the State Supplemental School Support Account all the proceeds of the tax imposed pursuant to NRS 244.33561, including any interest or other income earned thereon, and distribute the proceeds proportionally among the school districts and charter schools of the state. The proportionate amount of money distributed to each school district or charter school must be determined by dividing the number of students enrolled in the school district or charter school by the number of students enrolled in all the school districts and charter schools of the state. For the purposes of this subsection, the enrollment in each school district and the number of students who reside in the district and are enrolled in a charter school must be determined as of each quarter of the school year. This determination governs the distribution of money pursuant to this subsection until the next quarterly determination of enrollment is made. The Superintendent may retain from the proceeds of the tax an amount sufficient to reimburse the Superintendent for the actual cost of administering the provisions of this section and NRS 387.193, to the extent that the Superintendent incurs any cost the Superintendent would not have incurred but for the enactment of this section and NRS 387.193, but in no case exceeding the amount authorized by statute for this purpose.]
Sec. 27. NRS 387.195 is hereby amended to read as follows:
387.195 1. Each board of county commissioners shall levy a tax of 75 cents on each $100 of assessed valuation of taxable property within the county for the support of the public schools . [within the county school district.]
2. The tax collected pursuant to subsection 1 on any assessed valuation attributable to the net proceeds of minerals must not be considered as available to pay liabilities of the fiscal year in which the tax is collected but must be deferred for use in the subsequent fiscal year. [The annual budget for the school district must only consider as an available source the tax on the net proceeds of minerals which was collected in the prior year.]
3. In addition to any tax levied in accordance with subsection 1, each board of county commissioners shall levy a tax for the payment of interest and redemption of outstanding bonds of the county school district.
4. The tax collected pursuant to subsection 1 and any interest earned from the investment of the proceeds of that tax must be [credited to the countys school district fund.] remitted by the county treasurer to the State Treasurer for credit to the State Education Fund.
5. The tax collected pursuant to subsection 3 and any interest earned from the investment of the proceeds of that tax must be credited to the county school districts debt service fund.
Sec. 28. NRS 387.205 is hereby amended to read as follows:
387.205 1. Subject to [the limitations set forth in NRS 387.206 and 387.207 and] the provisions of subsection 3, money on deposit in the county school district fund or in a separate account, if the board of trustees of a school district has elected to establish such an account pursuant to the provisions of NRS 354.603, must be used for:
(a) Maintenance and operation of the public schools controlled by the county school district.
(b) Payment of premiums for Nevada industrial insurance.
κ2019 Statutes of Nevada, Page 4221 (CHAPTER 624, SB 543)κ
(c) Rent of schoolhouses.
(d) Construction, furnishing or rental of teacherages, when approved by the Superintendent of Public Instruction.
(e) Transportation of pupils, including the purchase of new buses.
(f) Programs of nutrition, if such expenditures do not curtail the established school program or make it necessary to shorten the school term, and each pupil furnished lunch whose parent or guardian is financially able so to do pays at least the actual cost of the lunch.
(g) Membership fees, dues and contributions to an interscholastic activities association.
(h) Repayment of a loan made from the State Permanent School Fund pursuant to NRS 387.526.
(i) Programs of education and projects relating to air quality pursuant to NRS 445B.500.
2. [Subject to the limitations set forth in NRS 387.206 and 387.207, money] Money on deposit in the county school district fund, or in a separate account, if the board of trustees of a school district has elected to establish such an account pursuant to the provisions of NRS 354.603, when available, may be used for:
(a) Purchase of sites for school facilities.
(b) Purchase of buildings for school use.
(c) Repair and construction of buildings for school use.
3. The board of trustees of a school district, in allocating the use of money pursuant to this section, shall prioritize expenditures in a manner which ensures that the budgetary priorities determined pursuant to NRS 387.301 are carried out.
Sec. 29. NRS 387.206 is hereby amended to read as follows:
387.206 1. On or before July 1 of each year, the Department, in consultation with the Budget Division of the Office of Finance and the Fiscal Analysis Division of the Legislative Counsel Bureau, shall determine [the combined] a recommended minimum amount of money [required] to be expended during that fiscal year for textbooks, instructional supplies, instructional software and instructional hardware by all school districts, charter schools and university schools for profoundly gifted pupils. The amount must be determined by increasing the amount that was established for the Fiscal Year 2004-2005 by the percentage of the change in enrollment between Fiscal Year 2004-2005 and the fiscal year for which the amount is being established, plus any inflationary adjustment approved by the Legislature after Fiscal Year 2004-2005.
2. The Department, in consultation with the Budget Division of the Office of Finance and the Fiscal Analysis Division of the Legislative Counsel Bureau, shall develop or revise, as applicable, a formula for determining the minimum amount of money that each school district, charter school and university school for profoundly gifted pupils is [required] recommended to expend each fiscal year for textbooks, instructional supplies, instructional software and instructional hardware. The sum of all of the minimum amounts determined pursuant to this subsection must be equal to the combined minimum amount determined pursuant to subsection 1. The formula must be used only to develop expenditure [requirements] recommendations and must not be used to alter the [distribution of money for basic support] yearly apportionment from the State Education Fund to school districts, charter schools or university schools for profoundly gifted pupils.
κ2019 Statutes of Nevada, Page 4222 (CHAPTER 624, SB 543)κ
3. Upon approval of the formula pursuant to subsection 2, the Department shall provide written notice to each school district, charter school and university school for profoundly gifted pupils within the first 30 days of each fiscal year that sets forth the [required] recommended minimum combined amount of money that the school district, charter school and university school for profoundly gifted pupils [must] may expend for textbooks, instructional supplies, instructional software and instructional hardware for that fiscal year. [If a school district, charter school or university school for profoundly gifted pupils is granted a waiver pursuant to NRS 387.2065, the Department shall provide written notice to the school district, charter school or university school within 30 days after the Interim Finance Committee grants the waiver setting forth the revised amount of money that the school district, charter school or university school must expend for textbooks, instructional supplies, instructional software and instructional hardware for the fiscal year.]
Sec. 30. NRS 387.2062 is hereby amended to read as follows:
387.2062 1. On or before January 1 of each year, the Department shall determine whether each school district, charter school and university school for profoundly gifted pupils has expended, during the immediately preceding fiscal year, the [required] recommended minimum amount of money set forth in the notice [or the revised notice, as applicable,] provided pursuant to subsection 3 of NRS 387.206. In making this determination, the Department shall use the report submitted by:
(a) The school district pursuant to NRS 387.303.
(b) The charter school pursuant to NRS 388A.345.
(c) The university school for profoundly gifted pupils pursuant to NRS 388C.250.
2. Except as otherwise provided in subsection 3, if the Department determines that a school district, charter school or university school for profoundly gifted pupils, as applicable, has not expended the [required] recommended minimum amount of money set forth in the notice or the revised notice, as applicable, provided pursuant to subsection 3 of NRS 387.206, [a reduction must be made from the basic support allocation otherwise payable to that school district, charter school or university school for profoundly gifted pupils, as applicable, in an amount that is equal to] the Department shall publish a report which identifies the difference between the actual combined expenditure for textbooks, instructional supplies, instructional software and instructional hardware and the minimum [required] recommended combined expenditure set forth in the notice [or the revised notice, as applicable,] provided pursuant to subsection 3 of NRS 387.206. [A reduction in the amount of the basic support allocation pursuant to this subsection:
(a) Does not reduce the amount that the school district, charter school or university school for profoundly gifted pupils, as applicable, is required to expend on textbooks, instructional supplies, instructional software and instructional hardware in the current fiscal year; and
(b) Must not exceed the amount of basic support that was provided to the school district, charter school or university school for profoundly gifted pupils, as applicable, for the fiscal year in which the minimum expenditure amount was not satisfied.]
3. If the actual enrollment of pupils in a school district, charter school or university school for profoundly gifted pupils is less than the enrollment included in the projections used in the biennial budget of the school district submitted pursuant to NRS 387.303, the budget of the charter school submitted pursuant to NRS 388A.345 or the report of the university school for profoundly gifted pupils submitted pursuant to NRS 388C.250, as applicable, the [required] recommended expenditure for textbooks, instructional supplies, instructional software and instructional hardware pursuant to NRS 387.206 must be reduced proportionately.
κ2019 Statutes of Nevada, Page 4223 (CHAPTER 624, SB 543)κ
included in the projections used in the biennial budget of the school district submitted pursuant to NRS 387.303, the budget of the charter school submitted pursuant to NRS 388A.345 or the report of the university school for profoundly gifted pupils submitted pursuant to NRS 388C.250, as applicable, the [required] recommended expenditure for textbooks, instructional supplies, instructional software and instructional hardware pursuant to NRS 387.206 must be reduced proportionately.
Sec. 31. NRS 387.210 is hereby amended to read as follows:
387.210 Except when the board of trustees of a county school district elects to establish a separate account under the provisions of NRS 354.603, each county treasurer shall:
1. Receive and hold as a special deposit all public school moneys, whether received by the county treasurer from the State Treasurer or [raised by the county for the benefit of the public schools, or] from any other source, and keep separate accounts thereof and of their disbursements.
2. Pay over all public school moneys received by the county treasurer only on warrants of the county auditor, issued upon orders of the board of trustees of the county school district. All orders issued in accordance with law by the board of trustees shall be valid vouchers in the hands of the county auditors for warrants drawn upon such orders.
Sec. 32. NRS 387.303 is hereby amended to read as follows:
387.303 1. Not later than November 1 of each year, the board of trustees of each school district shall submit to the Superintendent of Public Instruction and the Department of Taxation a report which includes the following information:
(a) For each fund within the school district, including, without limitation, the school districts general fund and any special revenue fund which receives state money, the total number and salaries of licensed and nonlicensed persons whose salaries are paid from the fund and who are employed by the school district in full-time positions or in part-time positions added together to represent full-time positions. Information must be provided for the current school year based upon the school districts final budget, including any amendments and augmentations thereto, and for the preceding school year. An employee must be categorized as filling an instructional, administrative, instructional support or other position.
(b) The school districts actual expenditures in the fiscal year immediately preceding the report.
(c) The school districts proposed expenditures for the current fiscal year.
(d) The schedule of salaries for licensed employees in the current school year and a statement of whether the negotiations regarding salaries for the current school year have been completed. If the negotiations have not been completed at the time the schedule of salaries is submitted, the board of trustees shall submit a supplemental report to the Superintendent of Public Instruction upon completion of negotiations or the determination of an arbitrator concerning the negotiations that includes the schedule of salaries agreed to or required by the arbitrator.
(e) The number of employees who received an increase in salary pursuant to NRS 391.161, 391.162 or 391.163 for the current and preceding fiscal years. If the board of trustees is required to pay an increase in salary retroactively pursuant to NRS 391.161, the board of trustees shall submit a supplemental report to the Superintendent of Public Instruction not later than February 15 of the year in which the retroactive payment was made that includes the number of teachers to whom an increase in salary was paid retroactively.
κ2019 Statutes of Nevada, Page 4224 (CHAPTER 624, SB 543)κ
February 15 of the year in which the retroactive payment was made that includes the number of teachers to whom an increase in salary was paid retroactively.
(f) The number of employees eligible for health insurance within the school district for the current and preceding fiscal years and the amount paid for health insurance for each such employee during those years.
(g) The rates for fringe benefits, excluding health insurance, paid by the school district for its licensed employees in the preceding and current fiscal years.
(h) The amount paid for extra duties, supervision of extracurricular activities and supplemental pay and the number of employees receiving that pay in the preceding and current fiscal years.
[(i) The expenditures from the account created pursuant to subsection 4 of NRS 179.1187. The report must indicate the total amount received by the district in the preceding fiscal year and the specific amount spent on books and computer hardware and software for each grade level in the district.]
2. On or before November 25 of each year, the Superintendent of Public Instruction shall submit to the Office of Finance and the Fiscal Analysis Division of the Legislative Counsel Bureau, in a format approved by the Director of the Department of Administration, a compilation of the reports made by each school district pursuant to subsection 1.
3. In preparing the agency biennial budget request for the State [Distributive School Account] Education Fund for submission to the Office of Finance, the Superintendent of Public Instruction:
(a) Shall compile the information from the most recent compilation of reports submitted pursuant to subsection 2;
(b) May increase the line items of expenditures or revenues based on merit salary increases and cost of living adjustments or inflation, as deemed credible and reliable based upon published indexes and research relevant to the specific line item of expenditure or revenue;
(c) May adjust expenditures and revenues pursuant to paragraph (b) for any year remaining before the biennium for which the budget is being prepared and for the 2 years of the biennium covered by the biennial budget request to project the cost of expenditures or the receipt of revenues for the specific line items; and
(d) May consider the cost of enhancements to existing programs or the projected cost of proposed new educational programs, regardless of whether those enhancements or new programs are included in the adjusted base per pupil [basic support guarantee] funding for inclusion in the biennial budget request to the Office of Finance.
4. The Superintendent of Public Instruction shall, in the compilation required by subsection 2, reconcile the revenues of the school districts with the apportionment received by those districts from the State [Distributive School Account] Education Fund for the preceding year.
5. The request prepared pursuant to subsection 3 must:
(a) Be presented by the Superintendent of Public Instruction to such standing committees of the Legislature as requested by the standing committees for the purposes of developing educational programs and providing appropriations for those programs; and
(b) Provide for a direct comparison of appropriations to the proposed budget of the Governor submitted pursuant to subsection 4 of NRS 353.230.
κ2019 Statutes of Nevada, Page 4225 (CHAPTER 624, SB 543)κ
Sec. 33. NRS 387.304 is hereby amended to read as follows:
387.304 The Department shall:
1. Conduct an annual audit of the count of pupils for apportionment purposes reported each quarter by each school district pursuant to NRS 387.123 and the data reported by each school district pursuant to NRS 388.710 that is used to measure the effectiveness of the implementation of a plan developed by each school district to reduce the pupil-teacher ratio as required by NRS 388.720.
2. Review each school districts report of the annual audit conducted by a public accountant as required by NRS 354.624, and the annual report prepared by each district as required by NRS 387.303, and report the findings of the review to the State Board and the Legislative Committee on Education, with any recommendations for legislation, revisions to regulations or training needed by school district employees. The report by the Department must identify school districts which failed to comply with any statutes or administrative regulations of this State or which had any:
(a) Long-term obligations in excess of the general obligation debt limit;
(b) Deficit fund balances or retained earnings in any fund;
(c) Deficit cash balances in any fund;
(d) Variances of more than 10 percent between total general fund revenues and budgeted general fund revenues; or
(e) Variances of more than 10 percent between total actual general fund expenditures and budgeted total general fund expenditures.
3. In preparing its biennial budgetary request for the State [Distributive School Account,] Education Fund, consult with the superintendent of schools of each school district or a person designated by the superintendent.
4. Provide, in consultation with the Budget Division of the Office of Finance and the Fiscal Analysis Division of the Legislative Counsel Bureau, training to the financial officers of school districts in matters relating to financial accountability.
Sec. 34. (Deleted by amendment.)
Sec. 35. NRS 387.528 is hereby amended to read as follows:
387.528 1. If a loan is made from the State Permanent School Fund pursuant to NRS 387.526, the loan must be repaid by the school district from the money that is available to the school district to pay the debt service on the bonds that are guaranteed pursuant to the provisions of NRS 387.513 to 387.528, inclusive, unless payment from that money would cause the school district to default on other outstanding bonds, medium-term obligations or installment-purchase agreements entered into pursuant to the provisions of NRS 350.087 to 350.095, inclusive.
2. If the school district is not able to repay fully the loan, including any accrued interest, in a timely manner pursuant to subsection 1 or by any other lawful means, the State Treasurer shall withhold the payments of money that would otherwise be distributed to the school district from:
(a) The interest earned on the State Permanent School Fund that is distributed among the various school districts; and
(b) Distributions [of the local school support tax, which must be transferred by the State Controller upon notification by the State Treasurer; and
(c) Distributions] from the State [Distributive School Account,] Education Fund,
κ2019 Statutes of Nevada, Page 4226 (CHAPTER 624, SB 543)κ
Κ until the loan is repaid, including any accrued interest on the loan. The State Treasurer shall apply the money first to the interest on the loan and, when the interest is paid in full, then to the balance. When the interest and balance on the loan are repaid, the State Treasurer shall resume making the distributions that would otherwise be due to the school district.
Sec. 36. NRS 388.429 is hereby amended to read as follows:
388.429 1. The Legislature declares that funding provided for each school year establishes financial resources sufficient to ensure a reasonably equal educational opportunity to pupils with disabilities residing in Nevada through the use of the [statewide multiplier to the basic support guarantee prescribed by NRS 387.122.] weighted funding prescribed by section 4 of this act.
2. Subject to the provisions of NRS 388.417 to 388.469, inclusive, the board of trustees of each school district shall make such special provisions as may be necessary for the education of pupils with disabilities.
3. The board of trustees of a school district in a county whose population is less than 700,000 may provide early intervening services. Such services must be provided in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the regulations adopted pursuant thereto.
4. The board of trustees of a school district shall establish uniform criteria governing eligibility for instruction under the special education programs provided for by NRS 388.417 to 388.469, inclusive. The criteria must prohibit the placement of a pupil in a program for pupils with disabilities solely because the pupil is a disciplinary problem in school. The criteria are subject to such standards as may be prescribed by the State Board.
Sec. 37. NRS 388A.345 is hereby amended to read as follows:
388A.345 1. On or before November 1 of each year, the governing body of each charter school shall submit to the sponsor of the charter school, the Superintendent of Public Instruction and the Director of the Legislative Counsel Bureau for transmission to the Majority Leader of the Senate and the Speaker of the Assembly a report that includes:
(a) A written description of the progress of the charter school in achieving the mission and goals of the charter school set forth in its application.
(b) For each fund maintained by the charter school, including, without limitation, the general fund of the charter school and any special revenue fund which receives state money, the total number and salaries of licensed and nonlicensed persons whose salaries are paid from the fund and who are employed by the governing body in full-time positions or in part-time positions added together to represent full-time positions. Information must be provided for the current school year based upon the final budget of the charter school, including any amendments and augmentations thereto, and for the preceding school year. An employee must be categorized as filling an instructional, administrative, instructional support or other position.
(c) The actual expenditures of the charter school in the fiscal year immediately preceding the report.
(d) The proposed expenditures of the charter school for the current fiscal year.
(e) The salary schedule for licensed employees and nonlicensed teachers in the current school year and a statement of whether salary negotiations for the current school year have been completed.
κ2019 Statutes of Nevada, Page 4227 (CHAPTER 624, SB 543)κ
the current school year have been completed. If salary negotiations have not been completed at the time the salary schedule is submitted, the governing body shall submit a supplemental report to the Superintendent of Public Instruction upon completion of negotiations.
(f) The number of employees eligible for health insurance within the charter school for the current and preceding fiscal years and the amount paid for health insurance for each such employee during those years.
(g) The rates for fringe benefits, excluding health insurance, paid by the charter school for its licensed employees in the preceding and current fiscal years.
(h) The amount paid for extra duties, supervision of extracurricular activities and supplemental pay and the number of employees receiving that pay in the preceding and current fiscal years.
2. On or before November 25 of each year, the Superintendent of Public Instruction shall submit to the Office of Finance and the Fiscal Analysis Division of the Legislative Counsel Bureau, in a format approved by the Director of the Office of Finance, a compilation of the reports made by each governing body pursuant to subsection 1.
3. The Superintendent of Public Instruction shall, in the compilation required by subsection 2, reconcile the revenues and expenditures of the charter schools with the apportionment received by those schools from the State [Distributive School Account] Education Fund for the preceding year.
Sec. 38. NRS 388A.393 is hereby amended to read as follows:
388A.393 1. A contract or a proposed contract between a charter school or a proposed charter school and a contractor or an educational management organization must not:
(a) Give to the contractor or educational management organization direct control of educational services, financial decisions, the appointment of members of the governing body, or the hiring and dismissal of an administrator or financial officer of the charter school or proposed charter school;
(b) Authorize the payment of loans, advances or other monetary charges from the contractor or educational management organization which are greater than 15 percent of the total expected funding received by the charter school or proposed charter school from the State [Distributive School Account;] Education Fund;
(c) Require the charter school or proposed charter school to prepay any fees to the contractor or educational management organization;
(d) Require the charter school or proposed charter school to pay the contractor or educational management organization before the payment of other obligations of the charter school or proposed charter school during a period of financial distress;
(e) Allow a contractor or educational management organization to cause a delay in the repayment of a loan or other money advanced by the contractor or educational management organization to the charter school or proposed charter school, which delay would increase the cost to the charter school or proposed charter school of repaying the loan or advance;
(f) Require the charter school or proposed charter school to enroll a minimum number of pupils for the continuation of the contract between the charter school or proposed charter school and the contractor or educational management organization;
κ2019 Statutes of Nevada, Page 4228 (CHAPTER 624, SB 543)κ
(g) Require the charter school or proposed charter school to request or borrow money from this State to pay the contractor or educational management organization if the contractor or educational management organization will provide financial management to the charter school or proposed charter school;
(h) Contain a provision which restricts the ability of the charter school or proposed charter school to borrow money from a person or entity other than the contractor or educational management organization;
(i) Provide for the allocation to the charter school or proposed charter school of any indirect cost incurred by the contractor or educational management organization;
(j) Authorize the payment of fees to the contractor or educational management organization which are not attributable to the actual services provided by the contractor or educational management organization;
(k) Allow any money received by the charter school or proposed charter school from this State or from the board of trustees of a school district to be transferred to or deposited in a bank, credit union or other financial institution outside this State, including money controlled by the contractor or educational management organization;
(l) Except as otherwise provided in this paragraph, provide incentive fees to the contractor or educational management organization. A contract or a proposed contract may provide to the contractor or educational management organization incentive fees that are based on the academic improvement of pupils enrolled in the charter school;
(m) Require automatic renewal of the contract or provide that the contract remains in effect if the governing body of a charter school is reconstituted or a charter contract is terminated pursuant to NRS 388A.300 or 388A.330, as applicable;
(n) Contain any provision that would delay or prevent the approval of an application by the governing body of the charter school for an exemption from federal taxation pursuant to 26 U.S.C. § 501(c)(3);
(o) Require the governing body of the charter school to pay any costs associated with ensuring that services comply with state and federal law;
(p) Provide that the contractor or educational management organization is not liable for failing to comply with the requirements of the contract; or
(q) Provide for the enforcement of terms of the contract that conflict with an applicable charter contract or federal or state law.
2. As used in this section, contractor or educational management organization means a corporation, business, organization or other entity, whether or not conducted for profit, with whom a committee to form a charter school or the governing body of a charter school, as applicable, contracts to assist with the operation, management or provision and implementation of educational services and programs of the charter school or proposed charter school. The term includes a corporation, business, organization or other entity that directly employs and provides personnel to a charter school or proposed charter school.
Sec. 39. NRS 388A.411 is hereby amended to read as follows:
388A.411 1. Each pupil who is enrolled in a charter school, including, without limitation, a pupil who is enrolled in a program of special education in a charter school, must be included in the count of pupils in the charter school [district] for the purposes of apportionments and allowances from the State [Distributive School Account] Education Fund pursuant to NRS 387.121 to [387.1245,] 387.1244, inclusive, and sections 2 to 12, inclusive, of this act, unless the pupil is exempt from compulsory attendance pursuant to NRS 392.070.
κ2019 Statutes of Nevada, Page 4229 (CHAPTER 624, SB 543)κ
NRS 387.121 to [387.1245,] 387.1244, inclusive, and sections 2 to 12, inclusive, of this act, unless the pupil is exempt from compulsory attendance pursuant to NRS 392.070. A charter school is entitled to receive its proportionate share of any other money available from federal, state or local sources that the school or the pupils who are enrolled in the school are eligible to receive.
2. The State Board shall prescribe a process which ensures that all charter schools, regardless of the sponsor, have information about all sources of funding for the public schools provided through the Department . [, including local funds pursuant to NRS 387.163.]
3. All money received by the charter school from this State or from the board of trustees of a school district must be deposited in an account with a bank, credit union or other financial institution in this State. The governing body of a charter school may negotiate with the board of trustees of the school district and the State Board for additional money to pay for services which the governing body wishes to offer.
4. The governing body of a charter school may solicit and accept donations, money, grants, property, loans, personal services or other assistance for purposes relating to education from members of the general public, corporations or agencies. The governing body may comply with applicable federal laws and regulations governing the provision of federal grants for charter schools. The State Public Charter School Authority may assist a charter school that operates exclusively for the enrollment of pupils who receive special education in identifying sources of money that may be available from the Federal Government or this State for the provision of educational programs and services to such pupils.
Sec. 39.5. NRS 388A.414 is hereby amended to read as follows:
388A.414 1. Upon completion of each school quarter, the Superintendent of Public Instruction shall pay to the sponsor of a charter school one-quarter of the yearly sponsorship fee for the administrative costs associated with sponsorship for that school quarter, which must be deducted from the [quarterly] monthly apportionment to the charter school made pursuant to NRS 387.124 and 387.1241. Except as otherwise provided in subsection 2, the yearly sponsorship fee for the sponsor of a charter school must be in an amount of money not to exceed 2 percent of the total amount of money apportioned to the charter school during the school year pursuant to NRS 387.124 and 387.1241.
2. If the governing body of a charter school satisfies the requirements of this section, the governing body may submit a request to the sponsor of the charter school for approval of a sponsorship fee in an amount that is less than 2 percent but at least 1 percent of the total amount of money apportioned to the charter school during the school year pursuant to NRS 387.124 and 387.1241.
3. The sponsor of the charter school shall approve such a request if the sponsor of the charter school determines that the charter school satisfies the requirements of this subsection. If the sponsor of the charter school approves such a request, the sponsor shall provide notice of the decision to the governing body of the charter school and the Superintendent of Public Instruction. If the sponsor of the charter school denies such a request, the governing body of the charter school may appeal the decision of the sponsor to the Superintendent of Public Instruction.
κ2019 Statutes of Nevada, Page 4230 (CHAPTER 624, SB 543)κ
4. Upon appeal, the sponsor of the charter school and the governing body of the charter school are entitled to present evidence. The decision of the Superintendent of Public Instruction on the appeal is final and is not subject to judicial review.
5. The governing body of a charter school may submit a request for a reduction of the sponsorship fee pursuant to this section if:
(a) The charter school satisfies the requirements of subsection 1 of NRS 388A.405; and
(b) There has been a decrease in the duties of the sponsor of the charter school that justifies a decrease in the sponsorship fee.
Sec. 40. NRS 388A.417 is hereby amended to read as follows:
388A.417 1. To determine the amount of money for distribution to a charter school in its first year of operation, the count of pupils who are enrolled in the charter school must initially be determined 30 days before the beginning of the school year of the school district, based on the number of pupils whose applications for enrollment have been approved by the charter school.
2. The count of pupils who are enrolled in the charter school must be revised each quarter based on the average daily enrollment of pupils in the charter school that is reported for that quarter pursuant to NRS 387.1223.
3. Pursuant to subsection [3] 2 of NRS 387.1241, the governing body of a charter school may request that the apportionments made to the charter school in its first year of operation be paid to the charter school 30 days before the apportionments are otherwise required to be made.
4. If a charter school ceases to operate as a charter school during a school year, the remaining apportionments that would have been made to the charter school pursuant to NRS 387.124 and 387.1241 for that year must be paid on a proportionate basis to the school districts where the pupils who were enrolled in the charter school reside.
Sec. 41. NRS 388B.230 is hereby amended to read as follows:
388B.230 1. After the governing body of an achievement charter school is appointed pursuant to NRS 388B.220, the governing body shall select the principal of the achievement charter school. The principal shall review each employee of the achievement charter school to determine whether to offer the employee a position in the achievement charter school based on the needs of the school and the ability of the employee to meet effectively those needs. The board of trustees of the school district in which the achievement charter school is located shall reassign any employee who is not offered a position in the achievement charter school or does not accept such a position in accordance with any collective bargaining agreement negotiated pursuant to chapter 288 of NRS.
2. An achievement charter school must continue to operate in the same building in which the school operated before being converted to an achievement charter school. The board of trustees of the school district in which the school is located must provide such use of the building without compensation. While the school is operated as an achievement charter school, the governing body of the achievement charter school shall pay all costs related to the maintenance and operation of the building and the board of trustees shall pay all capital expenses.
3. The board of trustees of a school district:
(a) Is not required to give priority to a capital project at a public school that is selected for conversion to an achievement charter school; and
κ2019 Statutes of Nevada, Page 4231 (CHAPTER 624, SB 543)κ
(b) Shall not reduce the priority of such a capital project that existed before the school was selected for conversion.
4. Any pupil who was enrolled at the school before it was converted to an achievement charter school must be enrolled in the achievement charter school unless the parent or guardian of the pupil submits a written notice to the principal of the achievement charter school that the pupil will not continue to be enrolled in the achievement charter school.
5. The governing body of an achievement charter school shall not authorize the payment of loans, advances or other monetary charges to the charter management organization, educational management organization or other person with whom the Executive Director has entered into a contract to operate the achievement charter school which are greater than 15 percent of the total expected funding to be received by the achievement charter school from the State [Distributive School Account.] Education Fund.
Sec. 42. NRS 388C.260 is hereby amended to read as follows:
388C.260 1. Each pupil who is enrolled in a university school for profoundly gifted pupils, including, without limitation, a pupil who is enrolled in a program of special education in a university school for profoundly gifted pupils, must be included in the count of pupils in the university school [district in which the school is located] for the purposes of apportionments and allowances from the State [Distributive School Account] Education Fund pursuant to NRS 387.121 to [387.1245,] 387.1244, inclusive, and sections 2 to 12, inclusive, of this act, unless the pupil is exempt from compulsory school attendance pursuant to NRS 392.070.
2. A university school for profoundly gifted pupils is entitled to receive its proportionate share of any other money available from federal, state or local sources that the school or the pupils who are enrolled in the school are eligible to receive.
3. All money received by a university school for profoundly gifted pupils from this State or from the board of trustees of a school district must be deposited in an account with a bank, credit union or other financial institution in this State.
4. The governing body of a university school for profoundly gifted pupils may negotiate with the board of trustees of the school district in which the school is located or the State Board for additional money to pay for services that the governing body wishes to offer.
5. To determine the amount of money for distribution to a university school for profoundly gifted pupils in its first year of operation in which state funding is provided, the count of pupils who are enrolled in the university school must initially be determined 30 days before the beginning of the school year of the school district in which the university school is located, based upon the number of pupils whose applications for enrollment have been approved by the university school. The count of pupils who are enrolled in a university school for profoundly gifted pupils must be revised each quarter based upon the average daily enrollment of pupils in the university school reported for the preceding quarter pursuant to subsection 1 of NRS 387.1223.
6. Pursuant to NRS 387.1242, the governing body of a university school for profoundly gifted pupils may request that the apportionments made to the university school in its first year of operation be paid to the university school 30 days before the apportionments are otherwise required to be made.
κ2019 Statutes of Nevada, Page 4232 (CHAPTER 624, SB 543)κ
7. If a university school for profoundly gifted pupils ceases to operate pursuant to this chapter during a school year, the remaining apportionments that would have been made to the university school pursuant to NRS 387.124 and 387.1242 for that school year must be paid on a proportionate basis to the school districts where the pupils who were enrolled in the university school reside.
8. If the governing body of a university school for profoundly gifted pupils uses money received from this State to purchase real property, buildings, equipment or facilities, the governing body of the university school shall assign a security interest in the property, buildings, equipment and facilities to the State of Nevada.
Sec. 43. NRS 388D.040 is hereby amended to read as follows:
388D.040 1. If a child who is or was homeschooled seeks admittance or entrance to any school in this State, the school may use only commonly used practices in determining the academic ability, placement or eligibility of the child. If the child enrolls in a charter school, the charter school shall, to the extent practicable, notify the board of trustees of the school district in which the child resides of the childs enrollment in the charter school. Regardless of whether the charter school provides such notification to the board of trustees, the charter school may count the child who is enrolled for the purposes of the [calculation of basic support] apportionment to the charter school pursuant to NRS [387.1223.] 387.1241. A homeschooled child seeking admittance to public high school must comply with NRS 392.033.
2. A school or organization shall not discriminate in any manner against a child who is or was homeschooled.
3. Each school district shall allow homeschooled children to participate in all college entrance examinations offered in this State, including, without limitation, the SAT, the ACT, the Preliminary SAT and the National Merit Scholarship Qualifying Test. Each school district shall ensure that the homeschooled children who reside in the school district have adequate notice of the availability of information concerning such examinations on the Internet website of the school district maintained pursuant to NRS 390.015.
Sec. 44. NRS 388D.130 is hereby amended to read as follows:
388D.130 1. If an opt-in child seeks admittance or entrance to any public school in this State, the school may use only commonly used practices in determining the academic ability, placement or eligibility of the child. If the child enrolls in a charter school, the charter school shall, to the extent practicable, notify the board of trustees of the resident school district of the childs enrollment in the charter school. Regardless of whether the charter school provides such notification to the board of trustees, the charter school may count the child who is enrolled for the purposes of the [calculation of basic support] apportionment to the charter school pursuant to NRS [387.1223.] 387.1241. An opt-in child seeking admittance to public high school must comply with NRS 392.033.
2. A school shall not discriminate in any manner against an opt-in child or a child who was formerly an opt-in child.
3. Each school district shall allow an opt-in child to participate in all college entrance examinations offered in this State, including, without limitation, the SAT, the ACT, the Preliminary SAT and the National Merit Scholarship Qualifying Test. Each school district shall ensure that the opt-in child who resides in the school district has adequate notice of the availability of information concerning such examinations on the Internet website of the school district maintained pursuant to NRS 390.015.
κ2019 Statutes of Nevada, Page 4233 (CHAPTER 624, SB 543)κ
of information concerning such examinations on the Internet website of the school district maintained pursuant to NRS 390.015.
Sec. 45. NRS 388G.120 is hereby amended to read as follows:
388G.120 1. Each empowerment plan for a school must:
(a) Set forth the manner by which the school will be governed;
(b) Set forth the proposed budget for the school, including, without limitation, the cost of carrying out the empowerment plan, and the manner by which the money apportioned to the school will be administered;
(c) Prescribe the academic plan for the school, including, without limitation, the manner by which courses of study will be provided to the pupils enrolled in the school and any special programs that will be offered for pupils;
(d) Prescribe the manner by which the achievement of pupils will be measured and reported for the school, including, without limitation, the results of the pupils on the examinations administered pursuant to NRS 390.105 and, if applicable for the grade levels of the empowerment school, the college and career readiness assessment administered pursuant to NRS 390.610;
(e) Prescribe the manner by which teachers and other licensed educational personnel will be selected and hired for the school, which must be determined and negotiated pursuant to chapter 288 of NRS;
(f) Prescribe the manner by which all other staff for the school will be selected and hired, which must be determined and negotiated pursuant to chapter 288 of NRS;
(g) Indicate whether the empowerment plan will offer an incentive pay structure for staff and a description of that pay structure, if applicable;
(h) Indicate the intended ratio of pupils to teachers at the school, designated by grade level, which must comply with NRS 388.700 or 388.720, as applicable;
(i) Provide a description of the professional development that will be offered to the teachers and other licensed educational personnel employed at the school;
(j) Prescribe the manner by which the empowerment plan will increase the involvement of parents and legal guardians of pupils enrolled in the school;
(k) Comply with the plan to improve the achievement of the pupils enrolled in the school prepared pursuant to NRS 385A.650;
(l) Address the specific educational needs and concerns of the pupils who are enrolled in the school; and
(m) Set forth the calendar and schedule for the school.
2. If the empowerment plan includes an incentive pay structure, that pay structure must:
(a) Provide an incentive for all staff employed at the school;
(b) Set forth the standards that must be achieved by the pupils enrolled in the school and any other measurable objectives that must be met to be eligible for incentive pay; and
(c) Be in addition to the salary or hourly rate of pay negotiated pursuant to chapter 288 of NRS that is otherwise payable to the employee.
3. An empowerment plan may:
(a) Request a waiver from a statute contained in this title or a regulation of the State Board or the Department.
(b) Identify the services of the school district which the school wishes to receive, including, without limitation, professional development, transportation, food services and discretionary services.
κ2019 Statutes of Nevada, Page 4234 (CHAPTER 624, SB 543)κ
transportation, food services and discretionary services. Upon approval of the empowerment plan, the school district may deduct from the total apportionment to the empowerment school the costs of such services.
4. For purposes of determining the budget pursuant to paragraph (b) of subsection 1, if a public school which converts to an empowerment school is a:
(a) Charter school, the amount of the budget is the amount equal to the apportionments and allowances from the State [Distributive School Account] Education Fund pursuant to NRS 387.121 to [387.1245,] 387.1244, inclusive, and sections 2 to 12, inclusive, of this act, and its proportionate share of any other money available from federal, state or local sources that the school or the pupils enrolled in the school are eligible to receive.
(b) Public school, other than a charter school, the empowerment team for the school shall have discretion of 90 percent of the amount of money from the state financial aid and local funds that the school district apportions for the school, without regard to any line-item specifications or specific uses determined advisable by the school district, unless the empowerment team determines that a lesser amount is necessary to carry out the empowerment plan.
Sec. 46. NRS 391.273 is hereby amended to read as follows:
391.273 1. Except as otherwise provided in this section and except for persons who are supervised pursuant to NRS 391.096, the unlicensed personnel of a school district must be directly supervised by licensed personnel in all duties which are instructional in nature. To the extent practicable, the direct supervision must be such that the unlicensed personnel are in the immediate location of the licensed personnel and are readily available during such times when supervision is required.
2. Unlicensed personnel who are exempted pursuant to subsection 4, 5 or 6 must be under administrative supervision when performing any duties which are instructional in nature.
3. Unlicensed personnel may temporarily perform duties under administrative supervision which are not primarily instructional in nature.
4. Except as otherwise provided in subsection 7, upon application by a superintendent of schools, the Superintendent of Public Instruction may grant an exemption from the provisions of subsection 1 pursuant to subsection 5 or 6.
5. Except as otherwise provided in subsection 6, the Superintendent shall not grant an exemption from the provisions of subsection 1 unless:
(a) The duties are within the employees special expertise or training;
(b) The duties relate to the humanities or an elective course of study, or are supplemental to the basic curriculum of a school;
(c) The performance of the duties does not result in the replacement of a licensed employee or prevent the employment of a licensed person willing to perform those duties;
(d) The secondary or combined school in which the duties will be performed has less than 100 pupils enrolled and is at least 30 miles from a school in which the duties are performed by licensed personnel; and
(e) The unlicensed employee submits his or her fingerprints for an investigation pursuant to NRS 391.033.
6. Upon application by a superintendent of schools, the Superintendent of Public Instruction may grant an exemption from the provisions of subsection 1 if:
κ2019 Statutes of Nevada, Page 4235 (CHAPTER 624, SB 543)κ
(a) The duties of the unlicensed employee relate to the supervision of pupils attending a course of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, while the pupils are receiving instruction from a licensed employee remotely through any electronic means of communication; and
(b) The unlicensed employee submits his or her fingerprints for an investigation pursuant to NRS 391.033.
7. The exemption authorized by subsection 4, 5 or 6 does not apply to a paraprofessional if the requirements prescribed by the State Board pursuant to NRS 391.094 require the paraprofessional to be directly supervised by a licensed teacher.
8. The Superintendent of Public Instruction shall file a record of all exempt personnel with the clerk of the board of trustees of each local school district, and advise the clerk of any changes therein. The record must contain:
(a) The name of the exempt employee;
(b) The specific instructional duties the exempt employee may perform;
(c) Any terms or conditions of the exemption deemed appropriate by the Superintendent of Public Instruction; and
(d) The date the exemption expires or a statement that the exemption is valid as long as the employee remains in the same position at the same school.
9. The Superintendent of Public Instruction may adopt regulations prescribing the procedure to apply for an exemption pursuant to this section and the criteria for the granting of such exemptions.
10. Except in an emergency, it is unlawful for the board of trustees of a school district to allow a person employed as a teachers aide to serve as a teacher unless the person is a legally qualified teacher licensed by the Superintendent of Public Instruction. As used in this subsection, emergency means an unforeseen circumstance which requires immediate action and includes the fact that a licensed teacher or substitute teacher is not immediately available.
11. If the Superintendent of Public Instruction determines that the board of trustees of a school district has violated the provisions of subsection 10, the Superintendent shall take such actions as are necessary to reduce the amount of money received by the district pursuant to NRS 387.124 by an amount equal to the product when the following numbers are multiplied together:
(a) The number of days on which the violation occurred;
(b) The number of pupils in the classroom taught by the teachers aide; and
(c) The number of dollars of [basic support apportioned to the district] adjusted base per pupil funding established for the school district pursuant to section 4 of this act per day . [pursuant to NRS 387.1223.]
12. Except as otherwise provided in this subsection, a person employed as a teachers aide or paraprofessional may monitor pupils in a computer laboratory without being directly supervised by licensed personnel. The provisions of this subsection do not apply to a paraprofessional if the requirements prescribed by the State Board pursuant to NRS 391.094 require the paraprofessional to be directly supervised by a licensed teacher.
13. The provisions of this section do not apply to unlicensed personnel who are employed by the governing body of a charter school, unless a paraprofessional employed by the governing body is required to be directly supervised by a licensed teacher pursuant to the requirements prescribed by the State Board pursuant to NRS 391.094.
κ2019 Statutes of Nevada, Page 4236 (CHAPTER 624, SB 543)κ
paraprofessional employed by the governing body is required to be directly supervised by a licensed teacher pursuant to the requirements prescribed by the State Board pursuant to NRS 391.094.
Sec. 47. NRS 392.015 is hereby amended to read as follows:
392.015 1. The board of trustees of a school district shall, upon application, allow any pupil who resides on an Indian reservation located in two or more counties to attend the school nearest to the pupils residence, without regard to the school district in which the pupils residence is located. For the purposes of apportionment of money, if such a pupil attends a school outside the county in which the pupil resides, the pupil must be counted as being enrolled in the district in which he or she attends school.
2. A pupil who is allowed to attend a school outside the school district in which the pupils residence is located pursuant to this section must remain in that school for the full school year.
3. The school district which pays the additional costs of transporting a pupil pursuant to this section to a school outside the school district in which the pupils residence is located is entitled to be reimbursed for those costs. Such additional costs must be paid from the State [Distributive School Account in the State General] Education Fund.
4. The provisions of this section do not apply to a pupil who:
(a) Is ineligible to attend public school pursuant to NRS 392.4675; or
(b) Resides on an Indian reservation pursuant to an order issued by a court of competent jurisdiction in another state adjudging the pupil to be delinquent and committing him or her to the custody of a public or private institution or agency in this state.
Sec. 48. NRS 392.016 is hereby amended to read as follows:
392.016 1. If a pupil has been issued a fictitious address pursuant to NRS 217.462 to 217.471, inclusive, or the parent or legal guardian with whom the pupil resides has been issued a fictitious address pursuant to NRS 217.462 to 217.471, inclusive, the pupil may attend a public school that is located in a school district other than the school district in which the pupil resides.
2. If a pupil described in subsection 1 attends a public school that is located in a school district other than the school district in which the pupil resides:
(a) The pupil must be included in the count of pupils of the school district in which the pupil attends school for the purposes of apportionments and allowances from the State [Distributive School Account] Education Fund pursuant to NRS 387.121 to [387.1245,] 387.1244, inclusive [.] and sections 2 to 12, inclusive, of this act.
(b) Neither the board of trustees of the school district in which the pupil attends school nor the board of trustees of the school district in which the pupil resides is required to provide transportation for the pupil to attend the public school.
3. The provisions of this section do not apply to a pupil who is ineligible to attend a public school pursuant to NRS 392.264 or 392.4675.
Sec. 49. NRS 179.1187 is hereby amended to read as follows:
179.1187 1. The governing body controlling each law enforcement agency that receives proceeds from the sale of forfeited property shall establish with the State Treasurer, county treasurer, city treasurer or town treasurer, as custodian, a special account, known as the ................. Forfeiture Account. The account is a separate and continuing account and no money in it reverts to the State General Fund or the general fund of the county, city or town at any time.
κ2019 Statutes of Nevada, Page 4237 (CHAPTER 624, SB 543)κ
no money in it reverts to the State General Fund or the general fund of the county, city or town at any time. For the purposes of this section, the governing body controlling a metropolitan police department is the Metropolitan Police Committee on Fiscal Affairs.
2. The money in the account may be used for any lawful purpose deemed appropriate by the chief administrative officer of the law enforcement agency, except that:
(a) The money must not be used to pay the ordinary operating expenses of the agency.
(b) Money derived from the forfeiture of any property described in NRS 453.301 must be used to enforce the provisions of chapter 453 of NRS.
(c) Money derived from the forfeiture of any property described in NRS 501.3857 must be used to enforce the provisions of title 45 of NRS.
(d) Seventy percent of the amount of money in excess of $100,000 remaining in the account at the end of each fiscal year, as determined based upon the accounting standards of the governing body controlling the law enforcement agency that are in place on March 1, 2001, must be distributed to the [school district in the judicial district. If the judicial district serves more than one county, the money must be distributed to the school district in the county from which the property was seized.] State Education Fund.
3. Notwithstanding the provisions of paragraphs (a) and (b) of subsection 2, money in the account derived from the forfeiture of any property described in NRS 453.301 may be used to pay for the operating expenses of a joint task force on narcotics otherwise funded by a federal, state or private grant or donation. As used in this subsection, joint task force on narcotics means a task force on narcotics operated by the Department of Public Safety in conjunction with other local or federal law enforcement agencies.
[4. A school district that receives money pursuant to paragraph (d) of subsection 2 shall deposit such money into a separate account. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account. The money in the account must be used to purchase books and computer hardware and software for the use of the students in that school district.
5. The chief administrative officer of a law enforcement agency that distributes money to a school district pursuant to paragraph (d) of subsection 2 shall submit a report to the Director of the Legislative Counsel Bureau before January 1 of each odd-numbered year. The report must contain the amount of money distributed to each school district pursuant to paragraph (d) of subsection 2 in the preceding biennium.]
Sec. 50. NRS 244.3359 is hereby amended to read as follows:
244.3359 1. A county whose population is 700,000 or more shall not impose a new tax on the rental of transient lodging or increase the rate of an existing tax on the rental of transient lodging after March 25, 1991, except pursuant to NRS 244.3351, 244.3352 and 244.33561.
2. A county whose population is 100,000 or more but less than 700,000 shall not impose a new tax on the rental of transient lodging or increase the rate of an existing tax on the rental of transient lodging after March 25, 1991, except pursuant to NRS 244.33561 and 244A.910.
3. Except as otherwise provided in subsection 2 and NRS 387.191 , [and 387.193,] the Legislature hereby declares that the limitation imposed by subsection 2 will not be repealed or amended except to allow the imposition of an increase in such a tax for the promotion of tourism or for the construction or operation of tourism facilities by a convention and visitors authority.
κ2019 Statutes of Nevada, Page 4238 (CHAPTER 624, SB 543)κ
of an increase in such a tax for the promotion of tourism or for the construction or operation of tourism facilities by a convention and visitors authority.
Sec. 51. NRS 328.450 is hereby amended to read as follows:
328.450 1. The State Treasurer shall deposit in the State [Distributive School Account in the State General] Education Fund money received in each fiscal year pursuant to 30 U.S.C. § 191 in an amount not to exceed $7,000,000.
2. Any amount received in a fiscal year by the State Treasurer pursuant to 30 U.S.C. § 191 in excess of $7,000,000 must be deposited in the Account for Revenue from the Lease of Federal Lands, which is hereby created.
3. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.
Sec. 52. NRS 328.460 is hereby amended to read as follows:
328.460 The State Controller shall apportion money in the Account for Revenue from the Lease of Federal Lands as follows:
1. [Twenty-five] Forty-three and three-quarters percent to the State [Distributive School Account in the State General] Education Fund.
2. [Seventy-five] Fifty-six and one-quarter percent to the counties from which the fuels, minerals and geothermal resources are extracted. [Of the amount received by each county, one-fourth must be distributed to the school district in that county.]
Sec. 53. NRS 328.470 is hereby amended to read as follows:
328.470 1. The State Controller shall ascertain from the reports received by the State Treasurer the portion of money in the Account for Revenue from the Lease of Federal Lands attributable to activities in each county and apportion the money payable to counties accordingly.
2. All money received:
(a) By the County Treasurer pursuant to this section must be deposited in the general fund of the county ; [or the county school district fund, as the case may be;] and
(b) By a county [or school district] must be used for:
(1) Construction and maintenance of roads and other public facilities;
(2) Public services; and
(3) Planning.
Sec. 54. NRS 350.011 is hereby amended to read as follows:
350.011 As used in NRS 350.011 to 350.0165, inclusive, unless the context otherwise requires:
1. Commission means a debt management commission created pursuant to NRS 350.0115.
2. Special elective tax means a tax imposed pursuant to NRS 354.59817, 354.5982, [387.197,] 387.3285 or 387.3287.
Sec. 55. NRS 353.225 is hereby amended to read as follows:
353.225 1. In order to provide some degree of flexibility to meet emergencies arising during each fiscal year in the expenditures for the State [Distributive School Account in the State General] Education Fund and for operation and maintenance of the various departments, institutions and agencies of the Executive Department of the State Government, the Chief, with the approval in writing of the Governor, may require the State Controller or the head of each such department, institution or agency to set aside a reserve in such amount as the Chief may determine, out of the total amount appropriated or out of other funds available from any source whatever to the department, institution or agency.
κ2019 Statutes of Nevada, Page 4239 (CHAPTER 624, SB 543)κ
amount appropriated or out of other funds available from any source whatever to the department, institution or agency.
2. At any time during the fiscal year this reserve or any portion of it may be returned to the appropriation or other fund to which it belongs and may be added to any one or more of the allotments, if the Chief so orders in writing.
Sec. 56. NRS 353.268 is hereby amended to read as follows:
353.268 1. When any state agency or officer, at a time when the Legislature is not in session, finds that circumstances for which the Legislature has made no other provision require an expenditure during the biennium of money in excess of the amount appropriated by the Legislature for the biennium for the support of that agency or officer, or for any program, including the State [Distributive School Account in the State General] Education Fund, the agency or officer shall submit a request to the State Board of Examiners for an allocation by the Interim Finance Committee from the Contingency Account.
2. The State Board of Examiners shall consider the request, may require from the requester such additional information as they deem appropriate, and shall, if it finds that an allocation should be made, recommend the amount of the allocation to the Interim Finance Committee for its independent evaluation and action. The Interim Finance Committee is not bound to follow the recommendation of the State Board of Examiners.
Sec. 57. NRS 353B.860 is hereby amended to read as follows:
353B.860 1. If a parent enters into or renews an agreement pursuant to NRS 353B.850, a grant of money on behalf of the child must be deposited in the education savings account of the child.
2. Except as otherwise provided in subsections 3 and 4, the grant required by subsection 1 must, for the school year for which the grant is made, be in an amount equal to:
(a) For a child who is a pupil with a disability, as defined in NRS 388.417, or a child with a household income that is less than 185 percent of the federally designated level signifying poverty, 100 percent of the statewide [average basic support] base per pupil [;] funding amount; and
(b) For all other children, 90 percent of the statewide [average basic support] base per pupil [.] funding amount.
3. If a child receives a portion of his or her instruction from a participating entity and a portion of his or her instruction from a public school, for the school year for which the grant is made, the grant required by subsection 1 must be in a pro rata amount based on the percentage of the total instruction provided to the child by the participating entity in proportion to the total instruction provided to the child.
4. The State Treasurer may deduct not more than 3 percent of each grant for the administrative costs of implementing the provisions of NRS 353B.700 to 353B.930, inclusive.
5. The State Treasurer shall deposit the money for each grant in quarterly installments pursuant to a schedule determined by the State Treasurer.
6. Any money remaining in an education savings account:
(a) At the end of a school year may be carried forward to the next school year if the agreement entered into pursuant to NRS 353B.850 is renewed.
(b) When an agreement entered into pursuant to NRS 353B.850 is not renewed or is terminated, because the child for whom the account was established graduates from high school or for any other reason, reverts to the State General Fund at the end of the last day of the agreement.
κ2019 Statutes of Nevada, Page 4240 (CHAPTER 624, SB 543)κ
established graduates from high school or for any other reason, reverts to the State General Fund at the end of the last day of the agreement.
Sec. 58. NRS 354.6241 is hereby amended to read as follows:
354.6241 1. The statement required by paragraph (a) of subsection 5 of NRS 354.624 must indicate for each fund set forth in that paragraph:
(a) Whether the fund is being used in accordance with the provisions of this chapter.
(b) Whether the fund is being administered in accordance with generally accepted accounting procedures.
(c) Whether the reserve in the fund is limited to an amount that is reasonable and necessary to carry out the purposes of the fund.
(d) The sources of revenues available for the fund during the fiscal year, including transfers from any other funds.
(e) The statutory and regulatory requirements applicable to the fund.
(f) The balance and retained earnings of the fund.
2. Except as otherwise provided in subsection 3 and NRS 354.59891 and 354.613, to the extent that the reserve in any fund set forth in paragraph (a) of subsection 5 of NRS 354.624 exceeds the amount that is reasonable and necessary to carry out the purposes for which the fund was created, the reserve may be expended by the local government pursuant to the provisions of chapter 288 of NRS.
3. For any local government other than a school district, for the purposes of chapter 288 of NRS, a budgeted ending fund balance of not more than 25 percent of the total budgeted expenditures, less capital outlay, for a general fund:
(a) Is not subject to negotiations with an employee organization; and
(b) Must not be considered by a fact finder or arbitrator in determining the financial ability of the local government to pay compensation or monetary benefits.
4. For a school district, for the purposes of chapter 288 of NRS, a budgeted ending fund balance of not more than 16.6 percent of the total budgeted expenditures for a county school district fund:
(a) Is not subject to negotiations with an employee organization; and
(b) Must not be considered by a fact finder or arbitrator in determining the financial ability of the local government to pay compensation or monetary benefits.
Sec. 59. NRS 360.850 is hereby amended to read as follows:
360.850 1. The State Controller, acting upon the collection data furnished by the Department, shall remit to the governing body of a municipality that adopts an assessment ordinance in accordance with NRS 271.650 in the manner provided pursuant to an agreement made pursuant to NRS 271.660:
(a) From the State General Fund, the amount of money pledged pursuant to the ordinance in accordance with paragraph (a) of subsection 1 of NRS 271.650 which amount is hereby appropriated for that purpose; and
(b) From the Sales and Use Tax Account in the State General Fund, the amount of the proceeds pledged pursuant to the ordinance in accordance with paragraphs (b) and (c) of subsection 1 of NRS 271.650.
2. The governing body of a municipality that adopts an assessment ordinance in accordance with NRS 271.650 shall promptly remit to the State Controller any amount received pursuant to this section in excess of the amount required to carry out the provisions of NRS 271.4315 with regard to the project for which the assessment ordinance was adopted.
κ2019 Statutes of Nevada, Page 4241 (CHAPTER 624, SB 543)κ
the project for which the assessment ordinance was adopted. The State Controller shall deposit any money received from a governing body of a municipality pursuant to this subsection in the appropriate account in the State General Fund for distribution and use as if the money had not been pledged pursuant to an assessment ordinance adopted in accordance with NRS 271.650 in the following order of priority:
(a) First, to the credit of the [county school district fund for the county in which the improvement district is located] State Education Fund to the extent that the money would have been transferred to [that fund,] the Fund, if not for the pledge of the money pursuant to the assessment ordinance, pursuant to paragraph [(e)] (c) of subsection 3 of NRS 374.785 for the fiscal year in which the State Controller receives the money;
(b) Second, to the State General Fund to the extent that the money would not have been appropriated, if not for the pledge of the money pursuant to the assessment ordinance, pursuant to paragraph (a) of subsection 1 for the fiscal year in which the State Controller receives the money; and
(c) Third, to the credit of any other funds and accounts to which the money would have been distributed, if not for the pledge of the money pursuant to the assessment ordinance, for the fiscal year in which the State Controller receives the money.
3. The Nevada Tax Commission may adopt such regulations as it deems appropriate to ensure the proper collection and distribution of any money pledged pursuant to an assessment ordinance adopted in accordance with NRS 271.650.
Sec. 60. NRS 360.855 is hereby amended to read as follows:
360.855 1. The State Controller, acting upon the collection data furnished by the Department, shall remit to the governing body of a municipality that adopts an ordinance pursuant to NRS 271A.070, in the manner provided pursuant to an agreement made pursuant to NRS 271A.100:
(a) From the State General Fund the amount of money pledged pursuant to the ordinance in accordance with subparagraph (1) of paragraph (c) of subsection 1 of NRS 271A.070, which amount is hereby appropriated for that purpose; and
(b) From the Sales and Use Tax Account in the State General Fund the amount of the proceeds pledged pursuant to the ordinance in accordance with subparagraphs (2) and (3) of paragraph (c) of subsection 1 of NRS 271A.070.
2. Except as otherwise provided in subsection 3, the governing body of a municipality that adopts an ordinance pursuant to NRS 271A.070 shall at the end of each fiscal year remit to the State Controller any amount received pursuant to this section in excess of the amount required to make payments due during that fiscal year of the principal of, interest on, and other payments or security-related costs with respect to, any bonds or notes issued pursuant to NRS 271A.120 and payments due during that fiscal year under any agreements made pursuant to NRS 271A.120. The State Controller shall deposit any money received from a governing body of a municipality pursuant to this subsection in the appropriate account in the State General Fund for distribution and use as if the money had not been pledged by an ordinance adopted pursuant to NRS 271A.070, in the following order of priority:
(a) First, to the credit of the [county school district fund for the county in which the improvement district is located] State Education Fund to the extent that the money would have been transferred to [that fund,] the Fund, if not for the pledge of the money pursuant to that ordinance, pursuant to paragraph [(e)] (c) of subsection 3 of NRS 374.785 for the fiscal year in which the State Controller receives the money;
κ2019 Statutes of Nevada, Page 4242 (CHAPTER 624, SB 543)κ
if not for the pledge of the money pursuant to that ordinance, pursuant to paragraph [(e)] (c) of subsection 3 of NRS 374.785 for the fiscal year in which the State Controller receives the money;
(b) Second, to the State General Fund to the extent that the money would not have been appropriated, if not for the pledge of the money pursuant to that ordinance, pursuant to paragraph (a) of subsection 1 for the fiscal year in which the State Controller receives the money; and
(c) Third, to the credit of any other funds and accounts to which the money would have been distributed, if not for the pledge of the money pursuant to that ordinance, for the fiscal year in which the State Controller receives the money.
3. The provisions of subsection 2 do not require a governing body to remit to the State Controller any money received pursuant to this section and expended for the purpose of prepaying, defeasing or otherwise retiring all or a portion of any bonds or notes issued pursuant to NRS 271A.120 or of prepaying amounts due under any agreements entered into pursuant to NRS 271A.120, or any combination thereof, with respect to a tourism improvement district if that use of the money has been:
(a) Authorized by the governing body in the ordinance creating the district pursuant to NRS 271A.070, or in an amendment thereto; and
(b) Approved by the governing body and the Commission on Tourism in the manner required to satisfy the requirements of subsections 5 and 6 of NRS 271A.080,
Κ and after the provision of notice to and an opportunity to make comments by the board of county commissioners of the county in which the tourism improvement district is located in accordance with subsection 4 of NRS 271A.080.
4. The Nevada Tax Commission may adopt such regulations as it deems appropriate to ensure the proper collection and distribution of any money pledged by an ordinance adopted pursuant to NRS 271A.070.
Sec. 61. NRS 362.170 is hereby amended to read as follows:
362.170 1. There is hereby appropriated to each county the total of the amounts obtained by multiplying, for each extractive operation situated within the county, the net proceeds of that operation and any royalties paid by that operation, by the combined rate of tax ad valorem, excluding any rate levied by the State of Nevada, for property at that site, plus a pro rata share of any penalties and interest collected by the Department for the late payment of taxes distributed to the county. The Department shall report to the State Controller on or before May 25 of each year the amount appropriated to each county, as calculated for each operation from the final statement made in February of that year for the preceding calendar year. The State Controller shall distribute all money due to a county on or before May 30 of each year.
2. The county treasurer shall apportion to each local government or other local entity an amount calculated by:
(a) Determining the total of the amounts obtained by multiplying, for each extractive operation situated within its jurisdiction, the net proceeds of that operation and any royalty payments paid by that operation, by the rate levied on behalf of that local government or other local entity;
(b) Adding to the amount determined pursuant to paragraph (a) a pro rata share of any penalties and interest collected by the Department for the late payment of taxes distributed to that local government or local entity; and
κ2019 Statutes of Nevada, Page 4243 (CHAPTER 624, SB 543)κ
(c) Subtracting from the amount determined pursuant to paragraph (b) a commission of 5 percent, of which 3 percent must be deposited in the county general fund and 2 percent must be accounted for separately in the account for the acquisition and improvement of technology in the office of the county assessor created pursuant to NRS 250.085.
3. The amounts apportioned pursuant to subsection 2, including, without limitation, the amount retained by the county and excluding the percentage commission, must be applied to the uses for which each levy was authorized in the same proportion as the rate of each levy bears to the total rate.
4. Any amount apportioned pursuant to subsection 2 for a county school district for any purpose other than capital projects or debt service for the county school district must be paid over to the State Treasurer to be deposited to the credit of the State Education Fund.
5. The Department shall report to the State Controller on or before May 25 of each year the amount received as tax upon the net proceeds of geothermal resources which equals the product of those net proceeds multiplied by the rate of tax levied ad valorem by the State of Nevada.
Sec. 62. NRS 362.171 is hereby amended to read as follows:
362.171 1. Each county to which money is appropriated by subsection 1 of NRS 362.170 may set aside a percentage of that appropriation to establish a county fund for mitigation. Money from the fund may be appropriated by the board of county commissioners only to mitigate adverse effects upon the county, or the school district located in the county, which result from:
(a) A decline in the revenue received by the county from the tax on the net proceeds of minerals during the 2 fiscal years immediately preceding the current fiscal year; or
(b) The opening or closing of an extractive operation from the net proceeds of which revenue has been or is reasonably expected to be derived pursuant to this chapter.
2. [Each school district to which money is apportioned by a county pursuant to subsection 2 of NRS 362.170 may set aside a percentage of the amount apportioned to establish a school district fund for mitigation. Except as otherwise provided in subsection 3, money from the fund may be used by the school district only to mitigate adverse effects upon the school district which result from:
(a) A decline in the revenue received by the school district from the tax on the net proceeds of minerals;
(b) The opening or closing of an extractive operation from the net proceeds of which revenue has been or is reasonably expected to be derived pursuant to this chapter; or
(c) Expenses incurred by the school district arising from a natural disaster.
3. In addition to the authorized uses for mitigation set forth in subsection 2, a] A school district in a county whose population is less than 4,500 may, as the board of trustees of the school district determines is necessary, use a portion of the money [from the fund established] apportioned to the school district pursuant to subsection 2 of NRS 362.170 [:
(a) To] to retire bonds issued by the school district or any other outstanding obligations of the school district . [; and
κ2019 Statutes of Nevada, Page 4244 (CHAPTER 624, SB 543)κ
(b) To continue the instructional programs of the school district or the services and activities that are necessary to support those instructional programs, which would otherwise be reduced or eliminated if not for the provisions of this section.
Κ] Before authorizing the expenditure of money pursuant to this subsection, the board of trustees shall hold at least one public hearing on the matter.
Sec. 63. NRS 364.127 is hereby amended to read as follows:
364.127 1. A board of county commissioners that imposes a tax on the gross receipts from the rental of transient lodging pursuant to subsection 1 of NRS 244.3352 shall require by ordinance and take such additional action as may be necessary to require:
(a) The payment of the proceeds of the tax which are required to be distributed pursuant to paragraph (a) of subsection 1 of NRS 244.3354 or paragraph (a) of subsection 2 of NRS 244.3354 to the Department of Taxation on or before the last day of the month immediately following the month for which the tax is collected; and
(b) The schedule for the payment of the tax by persons in the business of providing lodging to provide for the payment of the tax in a sufficiently timely manner to carry out the provisions of paragraph (a).
2. A board of county commissioners that imposes a tax on the gross receipts from the rental of transient lodging pursuant to subsection 1 of NRS 244.33561 shall require by ordinance and take such additional action as may be necessary to require:
(a) The payment of the proceeds of the tax which are required to be distributed pursuant to [subsection 1 of] NRS 387.191 to the State Treasurer on or before the last day of the month immediately following the month for which the tax is collected; and
(b) The schedule for the payment of the tax by persons in the business of providing lodging to provide for the payment of the tax in a sufficiently timely manner to carry out the provisions of paragraph (a).
3. The city council or other governing body of an incorporated city that imposes a tax on the gross receipts from the rental of transient lodging pursuant to subsection 1 of NRS 268.096 shall require by ordinance and take such additional action as may be necessary to require:
(a) The payment of the proceeds of the tax which are required to be distributed pursuant to paragraph (a) of subsection 1 of NRS 268.0962 or paragraph (a) of subsection 2 of NRS 268.0962 to the Department of Taxation on or before the last day of the month immediately following the month for which the tax is collected; and
(b) The schedule for the payment of the tax by persons in the business of providing lodging to provide for the payment of the tax in a sufficiently timely manner to carry out the provisions of paragraph (a).
Sec. 64. NRS 372A.290 is hereby amended to read as follows:
372A.290 1. An excise tax is hereby imposed on each wholesale sale in this State of marijuana by a cultivation facility to another medical marijuana establishment at the rate of 15 percent of the fair market value at wholesale of the marijuana. The excise tax imposed pursuant to this subsection is the obligation of the cultivation facility.
2. An excise tax is hereby imposed on each retail sale in this State of marijuana or marijuana products by a retail marijuana store at the rate of 10 percent of the sales price of the marijuana or marijuana products. The excise tax imposed pursuant to this subsection:
κ2019 Statutes of Nevada, Page 4245 (CHAPTER 624, SB 543)κ
(a) Is the obligation of the retail marijuana store.
(b) Is separate from and in addition to any general state and local sales and use taxes that apply to retail sales of tangible personal property.
3. The revenues collected from the excise tax imposed pursuant to subsection 1 must be distributed:
(a) To the Department and to local governments in an amount determined to be necessary by the Department to pay the costs of the Department and local governments in carrying out the provisions of chapter 453A of NRS; and
(b) If any money remains after the revenues are distributed pursuant to paragraph (a), to the State Treasurer to be deposited to the credit of the State [Distributive School Account in the State General] Education Fund.
4. For the purpose of subsection 3 and NRS 453D.510, a total amount of $5,000,000 of the revenues collected from the excise tax imposed pursuant to subsection 1 and the excise tax imposed pursuant to NRS 453D.500 in each fiscal year shall be deemed sufficient to pay the costs of all local governments to carry out the provisions of chapters 453A and 453D of NRS. The Department shall, by regulation, determine the manner in which local governments may be reimbursed for the costs of carrying out the provisions of chapters 453A and 453D of NRS.
5. The revenues collected from the excise tax imposed pursuant to subsection 2 must be paid over as collected to the State Treasurer to be deposited to the credit of the [Account to Stabilize the Operation of the State Government created in the] State [General] Education Fund . [pursuant to NRS 353.288.]
6. As used in this section:
(a) Local government has the meaning ascribed to it in NRS 360.640.
(b) Marijuana products has the meaning ascribed to it in NRS 453D.030.
(c) Medical marijuana establishment has the meaning ascribed to it in NRS 453A.116.
Sec. 65. NRS 374.015 is hereby amended to read as follows:
374.015 The Legislature, having carefully considered the needs of the public school system and the financial resources of the State of Nevada, and its several classes of local governments, finds and declares:
1. That sound principles of government require an increased contribution [by the local district, which controls its schools, to their] for the support [.] of the public schools in this State.
2. That such an increase equitably should not and economically cannot be provided through an increase in the tax upon property.
3. That there is no other object of taxation, except retail sales, which is so generally distributed among the several school districts in proportion to their respective population and wealth as to be suitable for the imposition of a tax in each school district for the support of [its local] the public schools.
4. That it is therefore necessary to impose, in addition to the sales and use taxes enacted in 1955 to provide revenue for the State of Nevada, a separate tax upon the privilege of selling tangible personal property at retail in each county to provide revenue for the [school district comprising such county.] public schools in this State.
5. That in order to avoid imposing unfair competitive hardships upon merchants in the several counties, it is necessary that such additional tax be imposed:
κ2019 Statutes of Nevada, Page 4246 (CHAPTER 624, SB 543)κ
(a) At the same rate in each county; and
(b) Upon tangible personal property purchased outside this State for use within the State.
6. That the imposition of such a tax at a mandatory and uniform rate throughout the counties of the State makes such tax a fair counterpart to the mandatory property tax levy which it is designed to supplement.
7. That the tax collected upon property purchased outside the State [, which cannot for this reason be returned to its county of origin,] can best serve its purpose of supporting [local] public schools if it is channeled to the several school districts through the State [Distributive School Account in the State General] Education Fund.
8. That the convenience of the public and of retail merchants will best be served by imposing the local school support tax upon exactly the same transactions, requiring the same reports and making such tax parallel in all respects to the sales and use taxes.
Sec. 66. NRS 374.785 is hereby amended to read as follows:
374.785 1. All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to counties under this chapter must be paid to the Department in the form of remittances payable to the Department.
2. The Department shall deposit the payments in the State Treasury to the credit of the Sales and Use Tax Account in the State General Fund.
3. The State Controller, acting upon the collection data furnished by the Department, shall, each month, from the Sales and Use Tax Account in the State General Fund:
(a) Transfer .75 percent of all fees, taxes, interest and penalties collected in each county during the preceding month to the appropriate account in the State General Fund as compensation to the State for the costs of collecting the tax.
(b) Transfer .75 percent of all fees, taxes, interest and penalties collected during the preceding month from out-of-state businesses not maintaining a fixed place of business within this State to the appropriate account in the State General Fund as compensation to the State for the costs of collecting the tax.
(c) [Determine for each county the amount of money equal to the fees, taxes, interest and penalties collected in the county pursuant to this chapter during the preceding month less the amount transferred pursuant to paragraph (a).
(d)] Transfer the total amount of fees, taxes , interest and penalties collected pursuant to this chapter during the preceding month , [from out-of-state businesses not maintaining a fixed place of business within this State,] less the amount transferred pursuant to [paragraph] paragraphs (a) and (b) and excluding any amounts required to be remitted pursuant to NRS 360.850 and 360.855, to the State [Distributive School Account in the State General] Education Fund.
[(e) Except as otherwise provided in NRS 387.528 or as required to carry out NRS 360.850 and 360.855, transfer the amount owed to each county to the Intergovernmental Fund and remit the money to the credit of the county school district fund.]
κ2019 Statutes of Nevada, Page 4247 (CHAPTER 624, SB 543)κ
Sec. 67. NRS 453A.344 is hereby amended to read as follows:
453A.344 1. Except as otherwise provided in subsection 2, the Department shall collect not more than the following maximum fees:
For the initial issuance of a medical marijuana establishment registration certificate for a medical marijuana dispensary........................................................................................................ $30,000
For the renewal of a medical marijuana establishment registration certificate for a medical marijuana dispensary 5,000
For the initial issuance of a medical marijuana establishment registration certificate for a cultivation facility 3,000
For the renewal of a medical marijuana establishment registration certificate for a cultivation facility........... 1,000
For the initial issuance of a medical marijuana establishment registration certificate for a facility for the production of edible marijuana products or marijuana-infused products........ 3,000
For the renewal of a medical marijuana establishment registration certificate for a facility for the production of edible marijuana products or marijuana-infused products.................... 1,000
For each person identified in an application for the initial issuance of a medical marijuana establishment agent registration card.................................................................................... 75
For each person identified in an application for the renewal of a medical marijuana establishment agent registration card................................................................................................................. 75
For the initial issuance of a medical marijuana establishment registration certificate for an independent testing laboratory............................................................................................................ 5,000
For the renewal of a medical marijuana establishment registration certificate for an independent testing laboratory 3,000
2. In addition to the fees described in subsection 1, each applicant for a medical marijuana establishment registration certificate must pay to the Department:
(a) A one-time, nonrefundable application fee of $5,000; and
(b) The actual costs incurred by the Department in processing the application, including, without limitation, conducting background checks.
3. Any revenue generated from the fees imposed pursuant to this section:
(a) Must be expended first to pay the costs of the Department in carrying out the provisions of NRS 453A.320 to 453A.370, inclusive; and
(b) If any excess revenue remains after paying the costs described in paragraph (a), such excess revenue must be paid over to the State Treasurer to be deposited to the credit of the State [Distributive School Account in the State General] Education Fund.
κ2019 Statutes of Nevada, Page 4248 (CHAPTER 624, SB 543)κ
Sec. 68. NRS 453D.510 is hereby amended to read as follows:
453D.510 Any tax revenues, fees, or penalties collected pursuant to this chapter first must be expended to pay the costs of the Department and of each locality in carrying out this chapter and the regulations adopted pursuant thereto. The Department shall remit any remaining money to the State Treasurer to be deposited to the credit of the State [Distributive School Account in the State General] Education Fund.
Sec. 69. NRS 463.385 is hereby amended to read as follows:
463.385 1. In addition to any other license fees and taxes imposed by this chapter, there is hereby imposed upon each slot machine operated in this State an annual excise tax of $250. If a slot machine is replaced by another, the replacement is not considered a different slot machine for the purpose of imposing this tax.
2. The Commission shall:
(a) Collect the tax annually on or before June 30, as a condition precedent to the issuance of a state gaming license to operate any slot machine for the ensuing fiscal year beginning July 1, from a licensee whose operation is continuing.
(b) Collect the tax in advance from a licensee who begins operation or puts additional slot machines into play during the fiscal year, prorated monthly after July 31.
(c) Include the proceeds of the tax in its reports of state gaming taxes collected.
3. Any other person, including, without limitation, an operator of an inter-casino linked system, who is authorized to receive a share of the revenue from any slot machine that is operated on the premises of a licensee is liable to the licensee for that persons proportionate share of the license fees paid by the licensee pursuant to this section and shall remit or credit the full proportionate share to the licensee on or before the dates set forth in subsection 2. A licensee is not liable to any other person authorized to receive a share of the licensees revenue from any slot machine that is operated on the premises of a licensee for that persons proportionate share of the license fees to be remitted or credited to the licensee by that person pursuant to this section.
4. The Commission shall pay over the tax as collected to the State Treasurer to be deposited to the credit of the State [Distributive School Account in the State General] Education Fund, and of the Capital Construction Fund for Higher Education and the Special Capital Construction Fund for Higher Education [,] which are hereby created in the State Treasury as special revenue funds, in the amounts and to be expended only for the purposes specified in this section, or for any other purpose authorized by the Legislature if sufficient money is available in the Capital Construction Fund for Higher Education and the Special Capital Construction Fund for Higher Education on July 31 of each year to pay the principal and interest due in that fiscal year on the bonds described in subsection 6.
5. During each fiscal year, the State Treasurer shall deposit the tax paid over to him or her by the Commission as follows:
(a) The first $5,000,000 of the tax in the Capital Construction Fund for Higher Education;
(b) Twenty percent of the tax in the Special Capital Construction Fund for Higher Education; and
κ2019 Statutes of Nevada, Page 4249 (CHAPTER 624, SB 543)κ
(c) The remainder of the tax in the State [Distributive School Account in the State General] Education Fund.
6. There is hereby appropriated from the balance in the Special Capital Construction Fund for Higher Education on July 31 of each year the amount necessary to pay the principal and interest due in that fiscal year on the bonds issued pursuant to section 5 of chapter 679, Statutes of Nevada 1979, as amended by chapter 585, Statutes of Nevada 1981, at page 1251, the bonds authorized to be issued by section 2 of chapter 643, Statutes of Nevada 1987, at page 1503, the bonds authorized to be issued by section 2 of chapter 614, Statutes of Nevada 1989, at page 1377, the bonds authorized to be issued by section 2 of chapter 718, Statutes of Nevada 1991, at page 2382, the bonds authorized to be issued by section 2 of chapter 629, Statutes of Nevada 1997, at page 3106, and the bonds authorized to be issued by section 2 of chapter 514, Statutes of Nevada 2013, at page 3391. If in any year the balance in that Fund is not sufficient for this purpose, the remainder necessary is hereby appropriated on July 31 from the Capital Construction Fund for Higher Education. The balance remaining unappropriated in the Capital Construction Fund for Higher Education on August 1 of each year and all amounts received thereafter during the fiscal year must be transferred to the State General Fund for the support of higher education. If bonds described in this subsection are refunded and if the amount required to pay the principal of and interest on the refunding bonds in any fiscal year during the term of the bonds is less than the amount that would have been required in the same fiscal year to pay the principal of and the interest on the original bonds if they had not been refunded, there is appropriated to the Nevada System of Higher Education an amount sufficient to pay the principal of and interest on the original bonds, as if they had not been refunded. The amount required to pay the principal of and interest on the refunding bonds must be used for that purpose from the amount appropriated. The amount equal to the saving realized in that fiscal year from the refunding must be used by the Nevada System of Higher Education to defray, in whole or in part, the expenses of operation and maintenance of the facilities acquired in part with the proceeds of the original bonds.
7. After the requirements of subsection 6 have been met for each fiscal year, when specific projects are authorized by the Legislature, money in the Capital Construction Fund for Higher Education and the Special Capital Construction Fund for Higher Education must be transferred by the State Controller and the State Treasurer to the State Public Works Board for the construction of capital improvement projects for the Nevada System of Higher Education, including, but not limited to, capital improvement projects for the community colleges of the Nevada System of Higher Education. As used in this subsection, construction includes, but is not limited to, planning, designing, acquiring and developing a site, construction, reconstruction, furnishing, equipping, replacing, repairing, rehabilitating, expanding and remodeling. Any money remaining in either Fund at the end of a fiscal year does not revert to the State General Fund but remains in those Funds for authorized expenditure.
8. The money deposited in the State [Distributive School Account in the State General] Education Fund under this section must be apportioned as provided in NRS 387.030 among the several school districts and charter schools of the State at the times and in the manner provided by law.
κ2019 Statutes of Nevada, Page 4250 (CHAPTER 624, SB 543)κ
9. The Board of Regents of the University of Nevada may use any money in the Capital Construction Fund for Higher Education and the Special Capital Construction Fund for Higher Education for the payment of interest and amortization of principal on bonds and other securities, whether issued before, on or after July 1, 1979, to defray in whole or in part the costs of any capital project authorized by the Legislature.
Sec. 70. NRS 482.181 is hereby amended to read as follows:
482.181 1. Except as otherwise provided in subsection 5, after deducting the amount withheld by the Department and the amount credited to the Department pursuant to subsection 6 of NRS 482.180, and the amount transferred to the State Highway Fund pursuant to NRS 482.182, the Department shall certify monthly to the State Board of Examiners the amount of the basic and supplemental governmental services taxes collected for each county by the Department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.
2. Any supplemental governmental services tax collected for a county must be distributed only to the county, to be used as provided in NRS 371.043, 371.045 and 371.047.
3. The distribution of the basic governmental services tax received or collected for each county must be made to the [county school district within each county] State Education Fund or the fund for capital projects or debt service fund of a county school district, as applicable, before any distribution is made to a local government, special district or enterprise district. For the purpose of calculating the amount of the basic governmental services tax to be distributed to the [county school district,] State Education Fund or the fund for capital projects or debt service fund of a county school district, as applicable, the taxes levied by each local government, special district and enterprise district are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a districts debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a districts debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.
4. After making the distributions set forth in subsection 3, the remaining money received or collected for each county must be deposited in the Local Government Tax Distribution Account created by NRS 360.660 for distribution to local governments, special districts and enterprise districts within each county pursuant to the provisions of NRS 360.680 and 360.690.
5. An amount equal to any basic governmental services tax distributed to a redevelopment agency in the Fiscal Year 1987-1988 must continue to be distributed to that agency as long as it exists but must not be increased.
6. The Department shall make distributions of the basic governmental services tax directly to [county school districts.] the State Education Fund or the fund for capital projects or debt service fund of a county school district, as applicable.
7. As used in this section:
(a) Enterprise district has the meaning ascribed to it in NRS 360.620.
(b) Local government has the meaning ascribed to it in NRS 360.640.
κ2019 Statutes of Nevada, Page 4251 (CHAPTER 624, SB 543)κ
(c) Received or collected for each county means:
(1) For the basic governmental services tax collected on vehicles subject to the provisions of chapter 706 of NRS, the amount determined for each county based on the following percentages:
Carson City.............. 1.07 percent Lincoln........................ 3.12 percent
Churchill................... 5.21 percent Lyon............................ 2.90 percent
Clark........................ 22.54 percent Mineral........................ 2.40 percent
Douglas.................... 2.52 percent Nye.............................. 4.09 percent
Elko......................... 13.31 percent Pershing...................... 7.00 percent
Esmeralda................. 2.52 percent Storey.......................... 0.19 percent
Eureka....................... 3.10 percent Washoe.................... 12.24 percent
Humboldt................. 8.25 percent White Pine.................. 5.66 percent
Lander....................... 3.88 percent
(2) For all other basic and supplemental governmental services tax received or collected by the Department, the amount attributable to each county based on the county of registration of the vehicle for which the tax was paid.
(d) Special district has the meaning ascribed to it in NRS 360.650.
Sec. 71. NRS 709.110 is hereby amended to read as follows:
709.110 Every applicant for a franchise for any of the purposes mentioned in NRS 709.050 shall, within 10 days after such franchise is granted, file with the county recorder of such county an agreement properly executed by the grantee of such franchise, right or privilege to pay annually on the first Monday of July of each year to the [county treasurer of the county wherein such franchise, right or privilege is to be exercised,] State Treasurer for deposit in the State Education Fund for the benefit of the [county school district fund,] public schools in this State, 2 percent of the net profits made by such grantee in the operation of any public utility for which such franchise is granted. No power, function, right or privilege shall be exercised until such agreement shall be filed.
Sec. 72. NRS 709.230 is hereby amended to read as follows:
709.230 1. The grantee of any franchise secured under the provisions of NRS 709.180 to 709.280, inclusive, shall, within 30 days after such franchise is granted, file with the county recorder of such county an agreement, properly executed by the grantee, to pay annually, on the first Monday of July of each year, to the [county treasurer of the county,] State Treasurer for deposit in the State Education Fund, for the benefit of the [county school district fund,] public schools in this State, 2 percent of the net profits made by such grantee in the operation of such electric light, heat and power lines within the county.
2. No right or privilege shall be exercised under the franchise until the agreement is filed.
Sec. 73. NRS 709.270 is hereby amended to read as follows:
709.270 1. If, upon the hearing of the application, it appears to the satisfaction of the board of county commissioners that the applicant is engaged in the business of furnishing electric light, heat or power within two or more counties, including the county in which the application provided in NRS 709.250 is pending, the board shall thereupon extend the term of the franchise under which the applicant is operating for not exceeding 50 years, including the unexpired portion of the term of such former franchise.
κ2019 Statutes of Nevada, Page 4252 (CHAPTER 624, SB 543)κ
2. The applicant shall, within 30 days after such franchise extending the term of the former franchise is granted, file with the county recorder of such county an agreement, properly executed by the grantee, to pay annually, on the 1st Monday of July of each year, to the [county treasurer of the county,] State Treasurer for deposit in the State Education Fund, for the benefit of the [county school district fund,] public schools in this State, 2 percent of the net profits made by such grantee in the operation of its electric light, heat and power lines within the county. No extension of the term of the original franchise shall be effective in the county until such agreement shall be filed.
Sec. 74. Section 3 of chapter 389, Statutes of Nevada 2015, at page 2203, is hereby amended to read as follows:
Sec. 3. This act becomes effective upon passage and approval [.] , and expires by limitation on July 1, 2019.
Sec. 74.5. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $6,551,530 for allocation to the Department of Education for the implementation of this act.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2021, by the Interim Finance Committee or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the Interim Finance Committee or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.
Sec. 75. As soon as practicable after July 1, 2019, the appointing authorities identified in subsection 2 of section 10 of this act shall appoint the members of the Commission on School Funding created by section 10 of this act.
Sec. 76. 1. Using such assumptions and data as the Commission determines to be appropriate, the Commission shall project the distribution of funding for the public schools of this State for the 2019-2021 biennium as if the provisions of this act were in effect for the 2019-2021 biennium and compare the projection to the projected distribution of funding under existing law for the 2019-2021 biennium.
2. Using such assumptions and data as the Commission determines to be appropriate, each school district shall project its budget for the 2019-2021 biennium as if the provisions of this act were in effect for the 2019-2021 biennium, compare the projection to its projected budget under existing law for the 2019-2021 biennium and submit both budgets to the Commission on or before May 15, 2020.
3. The Commission shall examine the results of the comparison performed pursuant to subsection 1 and the budgets submitted pursuant to subsection 2 and, on or before July 15, 2020, make recommendations to the Governor and the Legislature for any changes that the Commission determines to be necessary for the successful implementation of this act.
4. As used in this section, Commission means the Commission on School Funding established pursuant to section 10 of this act.
Sec. 77. Notwithstanding the provisions of subsection 1 of section 3 of this act, if the ending fund balance of a county school district fund exceeds 16.6 percent of the total budgeted expenditures for the fund for the fiscal year which ends on June 30, 2020, the county school district may maintain an ending fund balance for its county school district fund in the succeeding fiscal year which does not exceed the ending fund balance for the fiscal year which ends on June 30, 2020, and any amount by which the ending fund balance exceeds that amount must be transferred to the Education Stabilization Account created by section 3 of this act.
κ2019 Statutes of Nevada, Page 4253 (CHAPTER 624, SB 543)κ
which ends on June 30, 2020, and any amount by which the ending fund balance exceeds that amount must be transferred to the Education Stabilization Account created by section 3 of this act. Until the ending fund balance of such a county school district fund reaches 16.6 percent or less of the total budgeted expenditures for the fund, the ending fund balance for such a county school district fund in each subsequent fiscal year may not exceed the ending fund balance for the county school district fund in the immediately preceding fiscal year, and any amount by which the ending funding balance exceeds that amount must be transferred to the Education Stabilization Account created by section 3 of this act.
Sec. 78. Notwithstanding the provisions of subsection 3 of section 8 of this act, for the purpose of carrying out an effective transition from the Nevada Plan to the Pupil-Centered Funding Plan during the 2021-2023 biennium, each school district shall distribute the weighted funding received by the school district pursuant to paragraph (e) of subsection 2 of section 4 of this act in a manner that, to the greatest extent practicable, ensures a reasonably equal educational opportunity for all relevant pupils.
Sec. 79. 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. 80. NRS 387.122, 387.1245, 387.1247, 387.1251, 387.1253, 387.1255, 387.1257, 387.129, 387.131, 387.133, 387.137, 387.139, 387.163, 387.193, 387.197, 387.2065, 387.2067 and 387.207 are hereby repealed.
Sec. 81. 1. This section and sections 10, 11, 74, 74.5, 75, 76 and 79 of this act become effective on July 1, 2019.
2. Sections 1 to 9, inclusive, 12 to 73, inclusive, 77, 78 and 80 of this act become effective upon passage and approval for the purpose of creating each school districts budget and the executive budget pursuant to NRS 353.150 to 353.246, inclusive, for the biennium which begins on July 1, 2021, and on July 1, 2021, for all other purposes.
________
Senate Bill No. 211Committee on Finance
CHAPTER 625
[Approved: June 14, 2019]
AN ACT making an appropriation to the Nevada Commission on Minority Affairs for operating expenses of the Commission; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1 and 2. (Deleted by amendment.)
Sec. 3. 1. There is hereby appropriated from the State General Fund to the Nevada Commission on Minority Affairs created by NRS 232.852 for operating expenses of the Commission, including, without limitation, expenses for outreach efforts and travel of the members of the Commission and the Minority Affairs Management Analyst employed pursuant to NRS 232.525, the following sums:
κ2019 Statutes of Nevada, Page 4254 (CHAPTER 625, SB 211)κ
expenses for outreach efforts and travel of the members of the Commission and the Minority Affairs Management Analyst employed pursuant to NRS 232.525, the following sums:
For the Fiscal Year 2019-2020............................................................ $15,126
For the Fiscal Year 2020-2021........................................................... $15,126
2. The sums appropriated by subsection 1 are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.
Sec. 4. This act becomes effective on July 1, 2019.
________
Senate Bill No. 504Committee on Finance
CHAPTER 626
[Approved: June 14, 2019]
AN ACT making an appropriation to the Office of Finance for outreach and educational activities for the 2020 federal decennial census; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the State General Fund to the Office of Finance in the Office of the Governor the sum of $5,000,000 for outreach and educational activities for the 2020 federal decennial census.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2019 Statutes of Nevada, Page 4255κ
Assembly Bill No. 275Assemblymen Torres, Watts, Assefa, Flores; Carrillo, Duran, Fumo, Jauregui, Martinez, McCurdy, Monroe-Moreno, Neal and Spiegel
Joint Sponsors: Senators Denis, Parks, Cancela; and D. Harris
CHAPTER 627
[Approved: June 14, 2019]
AN ACT relating to licensing; prohibiting a regulatory body from denying licensure of an applicant based on his or her immigration or citizenship status; authorizing an applicant for a professional or occupational license who does not have a social security number to provide an individual taxpayer identification number; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law allows a person to apply for various professional and occupational licenses if such person meets the requirements established in statute and by the regulatory body which grants the license. (Title 54 of NRS; Chapters 119A, 240, 289, 361, 379, 437, 449 and 450B of NRS; NRS 391.060) Under existing law, some licenses specifically require an applicant to be a citizen of the United States or otherwise authorized to work in the United States. (Chapters 622, 623A, 625, 631, 635, 636, 637, 641, 641A, 641B, 641C, 644A, 649, 656 of NRS; NRS 391.060, 437.205, 437.215, 437.220, 630.160, 630.1606, 630.1607, 630.2751, 630.2752, 630A.230, 632.161, 632.162, 632.281, 632.282, 633.311, 633.4335, 633.4336, 634.080, 637B.203, 637B.204, 638.100, 638.116, 638.122, 639.136, 639.1365, 639.2315, 639.2316, 640.145, 640.146, 640A.165, 640A.166, 648.1493) Sections 4-12, 19-31, 34-65, 67-73, 75-99, 101-110, 112, 115, 123 and 126-128 of this bill remove this requirement.
Under existing federal immigration law, an unlawful alien may request various forms of relief from removal from the United States. (Immigration and Nationality Act, 8 U.S.C. §§ 1101 et seq.) The Secretary of Homeland Security may exercise prosecutorial discretion in granting certain forms of relief, such as deferred action for removal. (6 U.S.C. § 202(5); Regents of the Univ. of Cal. v. Dept. of Homeland Sec., 908 F.3d 476, 486-490 (9th Cir. 2018)) Existing federal laws and programs allow certain unlawful aliens to receive work authorization through a policy or program of deferred action for removal. (Regents of the Univ. of Cal. v. Dept. of Homeland Sec., 908 F.3d 476, 490 (9th Cir. 2018))
Existing federal law requires a regulatory body that issues a professional or occupational license to collect the social security number of an applicant. (42 U.S.C. § 666(a)(13)) Existing federal law also allows a state to grant a professional or occupational license to an alien who is not lawfully present in the United States through enactment of state law. (8 U.S.C. § 1621(d))
Sections 2, 3, 113, 116, 117, 120-122, 125, 129, 132 and 138 of this bill prohibit a regulatory body from denying an application for a license, certificate or permit based solely on the applicants immigration or citizenship status and authorize an applicant to provide his or her individual taxpayer identification number on his or her application if the applicant does not have a social security number, which must only be used for certain purposes. Section 114 of this bill prohibits the Secretary of State from collecting the social security number or alternative personally identifying number of a notary public or an applicant for appointment as a notary public.
Sections 13-18, 32, 33, 66, 74, 100, 111, 124, 130, 131 and 133-137 of this bill make conforming changes.
κ2019 Statutes of Nevada, Page 4256 (CHAPTER 627, AB 275)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Whereas, Federal law, in 8 U.S.C. § 1621, authorizes states to allow an alien who is not lawfully present in the United States to be eligible to receive certain state and local benefits, including, without limitation, a professional license, if the State affirmatively provides for such eligibility in statute; and
Whereas, Federal law, in 8 U.S.C. § 1324a, generally prohibits the employment of an unauthorized alien; and
Whereas, The provisions of this act are not intended to and do not conflict with any federal law relating to immigration; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 622 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. The Legislature hereby finds and declares that:
1. It is in the best interests of this State to make full use of the skills and talents of every resident of this State.
2. It is the public policy of this State that each resident of this State, regardless of his or her immigration or citizenship status, is eligible to receive the benefit of applying for a license, certificate or permit pursuant to 8 U.S.C. § 1621(d).
Sec. 3. 1. Notwithstanding any other provision of this title, a regulatory body shall not deny the application of a person for the issuance of a license pursuant to this title based solely on his or her immigration or citizenship status.
2. Notwithstanding the provisions of NRS 623.225, 623A.185, 624.268, 625.387, 625A.105, 628.0345, 628B.320, 630.197, 630A.246, 631.225, 632.3446, 633.307, 634.095, 634A.115, 635.056, 636.159, 637.113, 637B.166, 638.103, 639.129, 640.095, 640A.145, 640B.340, 640C.430, 640D.120, 640E.200, 641.175, 641A.215, 641B.206, 641C.280, 642.0195, 643.095, 644A.485, 645.358, 645A.025, 645B.023, 645B.420, 645C.295, 645C.655, 645D.195, 645E.210, 645G.110, 645H.550, 648.085, 649.233, 652.075, 654.145, 655.075 and 656.155, an applicant for a license who does not have a social security number must provide an alternative personally identifying number, including, without limitation, his or her individual taxpayer identification number, when completing an application for a license.
3. A regulatory body shall not disclose to any person who is not employed by the regulatory body the social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, of an applicant for a license for any purpose except:
(a) Tax purposes;
(b) Licensing purposes; and
(c) Enforcement of an order for the payment of child support.
4. A social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, provided to a regulatory body is confidential and is not a public record for the purposes of chapter 239 of NRS.
κ2019 Statutes of Nevada, Page 4257 (CHAPTER 627, AB 275)κ
Sec. 4. NRS 622.530 is hereby amended to read as follows:
622.530 1. Except as otherwise provided by specific statute relating to the issuance of a license by endorsement, a regulatory body shall adopt regulations providing for the issuance of a license by endorsement to engage in an occupation or profession in this State to any natural person who:
(a) Holds a corresponding valid and unrestricted license to engage in that occupation or profession in the District of Columbia or any state or territory of the United States;
(b) Possesses qualifications that are substantially similar to the qualifications required for issuance of a license to engage in that occupation or profession in this State; and
(c) Satisfies the requirements of this section and the regulations adopted pursuant thereto.
2. The regulations adopted pursuant to subsection 1 must not allow the issuance of a license by endorsement to engage in an occupation or profession in this State to a natural person unless such a person:
(a) [Is a citizen of the United States or otherwise has the legal right to work in the United States;
(b)] Has not been disciplined by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license to engage in an occupation or profession;
[(c)] (b) Has not been held civilly or criminally liable in the District of Columbia or any state or territory of the United States for misconduct relating to his or her occupation or profession;
[(d)] (c) Has not had a license to engage in an occupation or profession suspended or revoked in the District of Columbia or any state or territory of the United States;
[(e)] (d) Has not been refused a license to engage in an occupation or profession in the District of Columbia or any state or territory of the United States for any reason;
[(f)] (e) Does not have pending any disciplinary action concerning his or her license to engage in an occupation or profession in the District of Columbia or any state or territory of the United States;
[(g)] (f) Pays any applicable fees for the issuance of a license that are otherwise required for a natural person to obtain a license in this State;
[(h)] (g) Submits to the regulatory body a complete set of his or her fingerprints and written permission authorizing the regulatory body to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report or proof that the applicant has previously passed a comparable criminal background check; and
[(i)] (h) Submits to the regulatory body the statement required by NRS 425.520.
3. A regulatory body may, by regulation, require an applicant for issuance of a license by endorsement to engage in an occupation or profession in this State to submit with his or her application:
(a) Proof satisfactory to the regulatory body that the applicant:
(1) Has achieved a passing score on a nationally recognized, nationally accredited or nationally certified examination or other examination approved by the regulatory body;
κ2019 Statutes of Nevada, Page 4258 (CHAPTER 627, AB 275)κ
(2) Has completed the requirements of an appropriate vocational, academic or professional program of study in the occupation or profession for which the applicant is seeking a license by endorsement in this State;
(3) Has engaged in the occupation or profession for which the applicant is seeking a license by endorsement in this State pursuant to the applicants existing licensure for the period determined by the regulatory body preceding the date of the application; and
(4) Possesses a sufficient degree of competency in the occupation or profession for which he or she is seeking licensure by endorsement in this State;
(b) An affidavit stating that the information contained in the application and any accompanying material is true and complete; and
(c) Any other information required by the regulatory body.
4. Not later than 21 business days after receiving an application for a license by endorsement to engage in an occupation or profession pursuant to this section, the regulatory body shall provide written notice to the applicant of any additional information required by the regulatory body to consider the application. Unless the regulatory body denies the application for good cause, the regulatory body shall approve the application and issue a license by endorsement to engage in the occupation or profession to the applicant not later than:
(a) Sixty days after receiving the application;
(b) If the regulatory body requires an applicant to submit fingerprints and authorize the preparation of a report on the applicants background based on the submission of the applicants fingerprints, 15 days after the regulatory body receives the report; or
(c) If the regulatory body requires the filing and maintenance of a bond as a requirement for the issuance of a license, 15 days after the filing of the bond with the regulatory body,
Κ whichever occurs later.
5. A license by endorsement to engage in an occupation or profession in this State issued pursuant to this section may be issued at a meeting of the regulatory body or between its meetings by the presiding member of the regulatory body and the executive head of the regulatory body. Such an action shall be deemed to be an action of the regulatory body.
6. A regulatory body may deny an application for licensure by endorsement if:
(a) An applicant willfully fails to comply with the provisions of paragraph [(h)] (g) of subsection 2; or
(b) The report from the Federal Bureau of Investigation indicates that the applicant has been convicted of a crime that would be grounds for taking disciplinary action against the applicant as a licensee and the regulatory body has not previously taken disciplinary action against the licensee based on that conviction.
7. The provisions of this section are intended to supplement other provisions of statute governing licensure by endorsement. If any provision of statute conflicts with this section, the other provision of statute prevails over this section to the extent that the other provisions provide more specific requirements relating to licensure by endorsement.
Sec. 5. NRS 623A.170 is hereby amended to read as follows:
623A.170 1. Any person who:
(a) Is at least 21 years of age;
κ2019 Statutes of Nevada, Page 4259 (CHAPTER 627, AB 275)κ
(b) Is of good moral character; and
(c) [Is a citizen of the United States or is lawfully entitled to remain and work in the United States; and
(d)] Has satisfied the requirements for education and experience in landscape architecture, in any combination deemed suitable by the Board,
Κ may submit an application for a certificate of registration to the Board upon a form and in a manner prescribed by the Board. The application must be accompanied by the application fee prescribed by the Board pursuant to the provisions of NRS 623A.240 and all information required to complete the application.
2. Each year of study, not exceeding 5 years of study, satisfactorily completed in a program of landscape architecture accredited by the Landscape Architectural Accrediting Board or a similar national board approved by the Board, or a program of landscape architecture in this State approved by the Board, is considered equivalent to 1 year of experience in landscape architectural work for the purpose of registration as a landscape architect.
3. The Board shall, by regulation, establish standards for examinations which may be consistent with standards employed by other states. The Board may adopt the standards of a national association of registered boards approved by the Board, and the examination and grading procedure of that organization, as they exist on the date of adoption. Examinations may include tests in such technical, professional and ethical subjects as are prescribed by the Board.
4. If the Board administers or causes to be administered an examination during:
(a) June of any year, an application to take that examination must be postmarked not later than March 1 of that year; or
(b) December of any year, an application to take that examination must be postmarked not later than September 1 of that year.
Sec. 6. NRS 623A.182 is hereby amended to read as follows:
623A.182 1. Any person who:
(a) Is at least 21 years of age;
(b) Is of good moral character; and
(c) [Is a citizen of the United States or is lawfully entitled to remain and work in the United States; and
(d)] Has graduated from a school approved by the Board or has completed at least 4 years of work experience in the practice of landscape architecture in accordance with regulations adopted by the Board,
Κ may submit an application to the Board for a certificate to practice as a landscape architect intern.
2. The application must be submitted on a form furnished by the Board and include:
(a) The applicable fees prescribed by the Board pursuant to the provisions of NRS 623A.240; and
(b) All information required to complete the application.
Sec. 7. NRS 625.183 is hereby amended to read as follows:
625.183 1. A person who [:
(a) Is] is 21 years of age or older [; and
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States,
κ2019 Statutes of Nevada, Page 4260 (CHAPTER 627, AB 275)κ
Κ] may apply to the Board, in accordance with the provisions of this chapter and any regulations adopted by the Board, for licensure as a professional engineer.
2. An applicant for licensure as a professional engineer must:
(a) Be of good character and reputation; and
(b) Pass the examination on the:
(1) Fundamentals of engineering or receive a waiver of that requirement; and
(2) Principles and practices of engineering,
Κ pursuant to NRS 625.193.
3. Except as otherwise provided in NRS 625.203, an applicant for licensure as a professional engineer is not qualified for licensure unless the applicant is a graduate of an engineering curriculum of 4 years or more that is approved by the Board and has a record of 4 years or more of active experience in engineering which is satisfactory to the Board and which indicates that the applicant is competent to be placed in responsible charge of engineering work. An applicant who is eligible to take the examination on the principles and practices of engineering pursuant to subsection 2 of NRS 625.193 may take the examination on the principles and practices of engineering before the applicant meets the active experience requirements for licensure set forth in this subsection.
4. To determine whether an applicant for licensure as a professional engineer has an adequate record of active experience pursuant to subsection 3:
(a) Graduation from a college or university in a discipline of engineering with a masters or doctoral degree is equivalent to 2 years of active experience, except that, in the aggregate, not more than 2 years of active experience may be satisfied by graduation from a college or university with such degrees, regardless of the number of degrees earned.
(b) Two of the 4 years of active experience must have been completed by working under the direct supervision of a professional engineer who is licensed in the discipline in which the applicant is applying for licensure, unless that requirement is waived by the Board.
(c) The execution, as a contractor, of work designed by a professional engineer, or the supervision of the construction of that work as a foreman or superintendent, is not equivalent to active experience in engineering.
5. A person who is not working in the field of engineering when applying for licensure is eligible for licensure as a professional engineer if the person complies with the requirements for licensure prescribed in this chapter.
Sec. 8. NRS 625.270 is hereby amended to read as follows:
625.270 1. A person who [:
(a) Is] is 21 years of age or older [; and
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States,
Κ] may apply to the Board, in accordance with the provisions of this chapter and any regulations adopted by the Board, for licensure as a professional land surveyor.
2. An applicant for licensure as a professional land surveyor must:
(a) Be of good character and reputation; and
(b) Pass the examination on the:
κ2019 Statutes of Nevada, Page 4261 (CHAPTER 627, AB 275)κ
(1) Fundamentals of land surveying or receive a waiver of that requirement; and
(2) Principles and practices of land surveying,
Κ pursuant to NRS 625.280.
3. Except as otherwise provided in NRS 625.285, an applicant for licensure as a professional land surveyor may not take the examination on the principles and practices of land surveying, unless the applicant is a graduate of a land-surveying curriculum of 4 years or more that is approved by the Board and has a record of 4 years or more of active experience in land surveying that is satisfactory to the Board and indicates that the applicant is competent to be placed in responsible charge of land-surveying work.
4. To determine whether an applicant for licensure as a professional land surveyor has an adequate record of active experience pursuant to subsection 3:
(a) Two of the 4 years of active experience must have been completed by working under the direct supervision of a professional land surveyor, unless that requirement is waived by the Board.
(b) The execution, as a contractor, of work designed by a professional land surveyor, or the supervision of the construction of that work as a foreman or superintendent, is not equivalent to active experience in land surveying.
5. A person who is not working in the field of land surveying when applying for licensure is eligible for licensure as a professional land surveyor if the person complies with the requirements for licensure prescribed in this chapter.
Sec. 9. NRS 625.390 is hereby amended to read as follows:
625.390 1. An applicant for licensure as a professional engineer or professional land surveyor or for certification as an engineer intern or land surveyor intern must:
(a) Complete a form furnished and prescribed by the Board;
(b) Answer all questions on the form under oath;
(c) Provide a detailed summary of his or her technical training and education;
(d) Pay the fee established by the Board; and
(e) Submit all information required to complete an application for licensure or certification.
2. Unless the requirement is waived by the Board, an applicant for licensure must provide the names of not less than four references who have knowledge of the background, character and technical competence of the applicant. None of the persons named as references may be members of the Board. If the applicant is:
(a) Applying for licensure as a professional engineer, the persons named as references must be professional engineers licensed in this State or any other state, three of whom must be licensed in the same discipline of engineering for which the applicant is applying for licensure.
(b) Applying for licensure as a professional land surveyor, the persons named as references must be professional land surveyors licensed in this State or any other state.
3. The Board shall, by regulation, establish the fee for licensure as a professional engineer and professional land surveyor in an amount not to exceed $200. The fee is nonrefundable and must accompany the application.
κ2019 Statutes of Nevada, Page 4262 (CHAPTER 627, AB 275)κ
4. The Board shall charge and collect from each applicant for certification as an engineer intern or land surveyor intern a fee fixed by the Board of not more than $100, which includes the cost of examination and the issuance of a certificate.
5. A nonresident applying for licensure as a professional engineer or professional land surveyor is subject to the same fees as a resident.
6. [An applicant must furnish proof that he or she is a citizen of the United States or is lawfully entitled to remain and work in the United States.
7.] The Board shall require the biennial renewal of each license of a professional engineer or professional land surveyor and collect a fee for renewal of not more than $100, prescribed by regulation of the Board, except that the Board may prescribe shorter periods and prorated fees in setting up a system of staggered renewals.
[8.] 7. An applicant for the renewal of a license must submit with the fee for renewal all information required to complete the renewal.
[9.] 8. In addition to the fee for renewal, the Board shall require a holder of an expired license to pay, as a condition of renewal, a penalty in an amount established by regulation of the Board.
Sec. 10. NRS 630.160 is hereby amended to read as follows:
630.160 1. Every person desiring to practice medicine must, before beginning to practice, procure from the Board a license authorizing the person to practice.
2. Except as otherwise provided in NRS 630.1605, 630.1606, 630.1607, 630.161 and 630.258 to 630.2665, inclusive, a license may be issued to any person who:
(a) [Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(b)] Has received the degree of doctor of medicine from a medical school:
(1) Approved by the Liaison Committee on Medical Education of the American Medical Association and Association of American Medical Colleges; or
(2) Which provides a course of professional instruction equivalent to that provided in medical schools in the United States approved by the Liaison Committee on Medical Education;
[(c)] (b) Is currently certified by a specialty board of the American Board of Medical Specialties and who agrees to maintain the certification for the duration of the licensure, or has passed:
(1) All parts of the examination given by the National Board of Medical Examiners;
(2) All parts of the Federation Licensing Examination;
(3) All parts of the United States Medical Licensing Examination;
(4) All parts of a licensing examination given by any state or territory of the United States, if the applicant is certified by a specialty board of the American Board of Medical Specialties;
(5) All parts of the examination to become a licentiate of the Medical Council of Canada; or
(6) Any combination of the examinations specified in subparagraphs (1), (2) and (3) that the Board determines to be sufficient;
[(d)] (c) Is currently certified by a specialty board of the American Board of Medical Specialties in the specialty of emergency medicine, preventive medicine or family medicine and who agrees to maintain certification in at least one of these specialties for the duration of the licensure, or:
κ2019 Statutes of Nevada, Page 4263 (CHAPTER 627, AB 275)κ
medicine or family medicine and who agrees to maintain certification in at least one of these specialties for the duration of the licensure, or:
(1) Has completed 36 months of progressive postgraduate:
(I) Education as a resident in the United States or Canada in a program approved by the Board, the Accreditation Council for Graduate Medical Education, the Royal College of Physicians and Surgeons of Canada, the Collθge des mιdecins du Quιbec or the College of Family Physicians of Canada, or, as applicable, their successor organizations; or
(II) Fellowship training in the United States or Canada approved by the Board or the Accreditation Council for Graduate Medical Education;
(2) Has completed at least 36 months of postgraduate education, not less than 24 months of which must have been completed as a resident after receiving a medical degree from a combined dental and medical degree program approved by the Board; or
(3) Is a resident who is enrolled in a progressive postgraduate training program in the United States or Canada approved by the Board, the Accreditation Council for Graduate Medical Education, the Royal College of Physicians and Surgeons of Canada, the Collθge des mιdecins du Quιbec or the College of Family Physicians of Canada, or, as applicable, their successor organizations, has completed at least 24 months of the program and has committed, in writing, to the Board that he or she will complete the program; and
[(e)] (d) Passes a written or oral examination, or both, as to his or her qualifications to practice medicine and provides the Board with a description of the clinical program completed demonstrating that the applicants clinical training met the requirements of paragraph [(b).] (a).
3. The Board may issue a license to practice medicine after the Board verifies, through any readily available source, that the applicant has complied with the provisions of subsection 2. The verification may include, but is not limited to, using the Federation Credentials Verification Service. If any information is verified by a source other than the primary source of the information, the Board may require subsequent verification of the information by the primary source of the information.
4. Notwithstanding any provision of this chapter to the contrary, if, after issuing a license to practice medicine, the Board obtains information from a primary or other source of information and that information differs from the information provided by the applicant or otherwise received by the Board, the Board may:
(a) Temporarily suspend the license;
(b) Promptly review the differing information with the Board as a whole or in a committee appointed by the Board;
(c) Declare the license void if the Board or a committee appointed by the Board determines that the information submitted by the applicant was false, fraudulent or intended to deceive the Board;
(d) Refer the applicant to the Attorney General for possible criminal prosecution pursuant to NRS 630.400; or
(e) If the Board temporarily suspends the license, allow the license to return to active status subject to any terms and conditions specified by the Board, including:
(1) Placing the licensee on probation for a specified period with specified conditions;
κ2019 Statutes of Nevada, Page 4264 (CHAPTER 627, AB 275)κ
(2) Administering a public reprimand;
(3) Limiting the practice of the licensee;
(4) Suspending the license for a specified period or until further order of the Board;
(5) Requiring the licensee to participate in a program to correct alcohol or drug dependence or any other impairment;
(6) Requiring supervision of the practice of the licensee;
(7) Imposing an administrative fine not to exceed $5,000;
(8) Requiring the licensee to perform community service without compensation;
(9) Requiring the licensee to take a physical or mental examination or an examination testing his or her competence to practice medicine;
(10) Requiring the licensee to complete any training or educational requirements specified by the Board; and
(11) Requiring the licensee to submit a corrected application, including the payment of all appropriate fees and costs incident to submitting an application.
5. If the Board determines after reviewing the differing information to allow the license to remain in active status, the action of the Board is not a disciplinary action and must not be reported to any national database. If the Board determines after reviewing the differing information to declare the license void, its action shall be deemed a disciplinary action and shall be reportable to national databases.
Sec. 11. NRS 630.1606 is hereby amended to read as follows:
630.1606 1. Except as otherwise provided in NRS 630.161, the Board may issue a license by endorsement to practice medicine to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:
(a) Holds a corresponding valid and unrestricted license to practice medicine in the District of Columbia or any state or territory of the United States; and
(b) Is certified in a specialty recognized by the American Board of Medical Specialties.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) [Is a citizen of the United States or otherwise has the legal right to work in the United States;
(3)] Has not been disciplined and is not currently under investigation by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license to practice medicine; and
[(4)] (3) 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 Board to forward the fingerprints in the manner provided in NRS 630.167;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and
(d) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement to practice medicine pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application.
κ2019 Statutes of Nevada, Page 4265 (CHAPTER 627, AB 275)κ
Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice medicine to the applicant not later than:
(a) Forty-five days after receiving the application; or
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.
4. A license by endorsement to practice medicine may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.
Sec. 12. NRS 630.1607 is hereby amended to read as follows:
630.1607 1. Except as otherwise provided in NRS 630.161, the Board may issue a license by endorsement to practice medicine to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:
(a) Holds a corresponding valid and unrestricted license to practice medicine in the District of Columbia or any state or territory of the United States; and
(b) Is certified in a specialty recognized by the American Board of Medical Specialties or the American Osteopathic Association.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) [Is a citizen of the United States or otherwise has the legal right to work in the United States;
(3)] Has not been disciplined and is not currently under investigation by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant holds a license to practice medicine; and
[(4)] (3) 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 Board to forward the fingerprints in the manner provided in NRS 630.167;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and
(d) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement to practice medicine pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice medicine to the applicant not later than:
(a) Forty-five days after receiving all the additional information required by the Board to complete the application; or
κ2019 Statutes of Nevada, Page 4266 (CHAPTER 627, AB 275)κ
(b) Ten days after receiving a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.
4. A license by endorsement to practice medicine may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.
5. At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice medicine in accordance with regulations adopted by the Board.
Sec. 13. NRS 630.171 is hereby amended to read as follows:
630.171 Except as otherwise provided in NRS 630.263, in addition to the other requirements for licensure, an applicant for a license to practice medicine shall cause to be submitted to the Board, if applicable:
1. A certificate of completion of progressive postgraduate training from the residency program where the applicant completed training; and
2. Proof of satisfactory completion of a progressive postgraduate training program specified in subparagraph (3) of paragraph [(d)] (c) of subsection 2 of NRS 630.160 within 60 days after the scheduled completion of the program.
Sec. 14. NRS 630.259 is hereby amended to read as follows:
630.259 1. A person may apply to the Board to be licensed as an administrative physician if the person meets all of the statutory requirements for licensure in effect at the time of application except the requirements of paragraph [(d)] (c) of subsection 2 of NRS 630.160.
2. A person who is licensed as an administrative physician pursuant to this section:
(a) May not engage in the practice of clinical medicine;
(b) Shall comply with all of the statutory requirements for continued licensure pursuant to this chapter; and
(c) Shall be deemed to hold a license to practice medicine in an administrative capacity only.
Sec. 15. NRS 630.2615 is hereby amended to read as follows:
630.2615 1. Except as otherwise provided in NRS 630.161, the Board may issue an authorized facility license to a person who intends to practice medicine in this State as a physician in an institution of the Department of Corrections under the direct supervision of a physician who holds an unrestricted license to practice medicine pursuant to this chapter or to practice osteopathic medicine pursuant to chapter 633 of NRS.
2. A person who applies for an authorized facility license pursuant to this section is not required to take or pass a written examination as to his or her qualifications to practice medicine pursuant to paragraph [(e)] (b) of subsection 2 of NRS 630.160, but the person must meet all other conditions and requirements for an unrestricted license to practice medicine pursuant to this chapter.
3. If the Board issues an authorized facility license pursuant to this section, the person who holds the license may practice medicine in this State only as a physician in an institution of the Department of Corrections and only under the direct supervision of a physician who holds an unrestricted license to practice medicine pursuant to this chapter or to practice osteopathic medicine pursuant to chapter 633 of NRS.
κ2019 Statutes of Nevada, Page 4267 (CHAPTER 627, AB 275)κ
4. If a person who holds an authorized facility license issued pursuant to this section ceases to practice medicine in this State as a physician in an institution of the Department of Corrections:
(a) The Department shall notify the Board; and
(b) Upon receipt of the notification, the authorized facility license expires automatically.
5. The Board may renew or modify an authorized facility license issued pursuant to this section, unless the license has expired automatically or has been revoked.
6. The provisions of this section do not limit the authority of the Board to issue a license to an applicant in accordance with any other provision of this chapter.
Sec. 16. NRS 630.262 is hereby amended to read as follows:
630.262 1. Except as otherwise provided in NRS 630.161, the Board may issue an authorized facility license to a person who intends to practice medicine in this State as a psychiatrist in a mental health center of the Division under the direct supervision of a psychiatrist who holds an unrestricted license to practice medicine pursuant to this chapter or to practice osteopathic medicine pursuant to chapter 633 of NRS.
2. A person who applies for an authorized facility license pursuant to this section is not required to take or pass a written examination as to his or her qualifications to practice medicine pursuant to paragraph [(e)] (b) of subsection 2 of NRS 630.160, but the person must meet all other conditions and requirements for an unrestricted license to practice medicine pursuant to this chapter.
3. If the Board issues an authorized facility license pursuant to this section, the person who holds the license may practice medicine in this State only as a psychiatrist in a mental health center of the Division and only under the direct supervision of a psychiatrist who holds an unrestricted license to practice medicine pursuant to this chapter or to practice osteopathic medicine pursuant to chapter 633 of NRS.
4. If a person who holds an authorized facility license issued pursuant to this section ceases to practice medicine in this State as a psychiatrist in a mental health center of the Division:
(a) The Division shall notify the Board; and
(b) Upon receipt of the notification, the authorized facility license expires automatically.
5. The Board may renew or modify an authorized facility license issued pursuant to this section, unless the license has expired automatically or has been revoked.
6. The provisions of this section do not limit the authority of the Board to issue a license to an applicant in accordance with any other provision of this chapter.
7. As used in this section:
(a) Division means the Division of Public and Behavioral Health of the Department of Health and Human Services.
(b) Mental health center has the meaning ascribed to it in NRS 433.144.
Sec. 17. NRS 630.263 is hereby amended to read as follows:
630.263 1. If the Governor determines that there are critically unmet needs with regard to the number of physicians who are practicing a medical specialty within this State, the Governor may declare that a state of critical medical need exists for that medical specialty.
κ2019 Statutes of Nevada, Page 4268 (CHAPTER 627, AB 275)κ
medical need exists for that medical specialty. The Governor may, but is not required to, limit such a declaration to one or more geographic areas within this State.
2. In determining whether there are critically unmet needs with regard to the number of physicians who are practicing a medical specialty, the Governor may consider, without limitation:
(a) Any statistical data analyzing the number of physicians who are practicing the medical specialty in relation to the total population of this State or any geographic area within this State;
(b) The demand within this State or any geographic area within this State for the types of services provided by the medical specialty; and
(c) Any other factors relating to the medical specialty that may adversely affect the delivery of health care within this State or any geographic area within this State.
3. If the Governor makes a declaration pursuant to this section, the Board may waive the requirements of paragraph [(d)] (c) of subsection 2 of NRS 630.160 for an applicant if the applicant:
(a) Intends to practice medicine in one or more of the medical specialties designated by the Governor in the declaration and, if the Governor has limited the declaration to one or more geographic areas within this State, in one or more of those geographic areas;
(b) Has completed at least 1 year of training as a resident in the United States or Canada in a program approved by the Board, the Accreditation Council for Graduate Medical Education, the Royal College of Physicians and Surgeons of Canada, the Collθge des mιdecins du Quιbec or the College of Family Physicians of Canada, or their successor organizations, respectively;
(c) Has a minimum of 5 years of practical medical experience as a licensed allopathic physician or such other equivalent training as the Board deems appropriate; and
(d) Meets all other conditions and requirements for a license to practice medicine.
4. Any license issued pursuant to this section is a restricted license, and the person who holds the restricted license may practice medicine in this State only in the medical specialties and geographic areas for which the restricted license is issued.
5. Any person who holds a restricted license issued pursuant to this section and who completes 3 years of full-time practice under the restricted license may apply to the Board for an unrestricted license. In considering an application for an unrestricted license pursuant to this subsection, the Board shall require the applicant to meet all statutory requirements for licensure in effect at the time of application except the requirements of paragraph [(d)] (c) of subsection 2 of NRS 630.160.
Sec. 18. NRS 630.264 is hereby amended to read as follows:
630.264 1. A board of county commissioners may petition the Board of Medical Examiners to waive the requirements of paragraph [(d)] (c) of subsection 2 of NRS 630.160 for any applicant intending to practice medicine in a medically underserved area of that county as that term is defined by regulation by the Board of Medical Examiners. The Board of Medical Examiners may waive that requirement and issue a license if the applicant:
κ2019 Statutes of Nevada, Page 4269 (CHAPTER 627, AB 275)κ
(a) Has completed at least 1 year of training as a resident in the United States or Canada in a program approved by the Board, the Accreditation Council for Graduate Medical Education, the Royal College of Physicians and Surgeons of Canada, the Collθge des mιdecins du Quιbec or the College of Family Physicians of Canada, or their successor organizations, respectively;
(b) Has a minimum of 5 years of practical medical experience as a licensed allopathic physician or such other equivalent training as the Board deems appropriate; and
(c) Meets all other conditions and requirements for a license to practice medicine.
2. Any person licensed pursuant to subsection 1 must be issued a license to practice medicine in this State restricted to practice in the medically underserved area of the county which petitioned for the waiver only. A person may apply to the Board of Medical Examiners for renewal of that restricted license every 2 years after being licensed.
3. Any person holding a restricted license pursuant to subsection 1 who completes 3 years of full-time practice under the restricted license may apply to the Board for an unrestricted license. In considering an application for an unrestricted license pursuant to this subsection, the Board shall require the applicant to meet all statutory requirements for licensure in effect at the time of application except the requirements of paragraph [(d)] (c) of subsection 2 of NRS 630.160.
Sec. 19. NRS 630.265 is hereby amended to read as follows:
630.265 1. Unless the Board denies such licensure pursuant to NRS 630.161 or for other good cause, the Board shall issue to a qualified applicant a limited license to practice medicine as a resident physician in a graduate program approved by the Accreditation Council for Graduate Medical Education if the applicant is:
(a) A graduate of an accredited medical school in the United States or Canada; or
(b) A graduate of a foreign medical school and has received the standard certificate of the Educational Commission for Foreign Medical Graduates or a written statement from that Commission that the applicant passed the examination given by it.
2. The medical school or other institution sponsoring the program shall provide the Board with written confirmation that the applicant has been appointed to a position in the program . [and is a citizen of the United States or lawfully entitled to remain and work in the United States.] A limited license remains valid only while the licensee is actively practicing medicine in the residency program and is legally entitled to work and remain in the United States.
3. The Board may issue a limited license for not more than 1 year but may renew the license if the applicant for the limited license meets the requirements set forth by the Board by regulation.
4. The holder of a limited license may practice medicine only in connection with his or her duties as a resident physician or under such conditions as are approved by the director of the program.
5. The holder of a limited license granted pursuant to this section may be disciplined by the Board at any time for any of the grounds provided in NRS 630.161 or 630.301 to 630.3065, inclusive.
κ2019 Statutes of Nevada, Page 4270 (CHAPTER 627, AB 275)κ
Sec. 20. NRS 630.2751 is hereby amended to read as follows:
630.2751 1. The Board may issue a license by endorsement to practice as a physician assistant to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:
(a) Holds a corresponding valid and unrestricted license to practice as a physician assistant in the District of Columbia or any state or territory of the United States; and
(b) Is certified in a specialty recognized by the American Board of Medical Specialties.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) [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 to practice as a physician assistant; and
[(4)] (3) 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 Board to forward the fingerprints in the manner provided in NRS 630.167;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and
(d) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement to practice as a physician assistant pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a physician assistant to the applicant not later than:
(a) Forty-five days after receiving the application; or
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.
4. A license by endorsement to practice as a physician assistant may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.
Sec. 21. NRS 630.2752 is hereby amended to read as follows:
630.2752 1. The Board may issue a license by endorsement to practice as a physician assistant to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:
(a) Holds a corresponding valid and unrestricted license to practice as a physician assistant in the District of Columbia or any state or territory of the United States;
(b) Is certified in a specialty recognized by the American Board of Medical Specialties; and
κ2019 Statutes of Nevada, Page 4271 (CHAPTER 627, AB 275)κ
(c) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) [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 to practice as a physician assistant; and
[(4)] (3) 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 Board to forward the fingerprints in the manner provided in NRS 630.167;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and
(d) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement to practice as a physician assistant pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a physician assistant to the applicant not later than:
(a) Forty-five days after receiving all the additional information required by the Board to complete the application; or
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.
4. A license by endorsement to practice as a physician assistant may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.
5. At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice as a physician assistant in accordance with regulations adopted by the Board.
6. As used in this section, veteran has the meaning ascribed to it in NRS 417.005.
Sec. 22. NRS 630A.230 is hereby amended to read as follows:
630A.230 1. Every person desiring to practice homeopathic medicine as a homeopathic physician must, before beginning to practice, procure from the Board a license authorizing such practice.
2. Except as otherwise provided in NRS 630A.225, a license may be issued to any person who:
(a) [Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(b)] Is of good moral character;
κ2019 Statutes of Nevada, Page 4272 (CHAPTER 627, AB 275)κ
[(c)] (b) Has received the degree of doctor of medicine or doctor of osteopathic medicine, or its equivalent as provided in paragraph (a) of subsection 1 of NRS 630A.240;
[(d)] (c) Is licensed in good standing to practice allopathic or osteopathic medicine in any state or country, the District of Columbia or a territory or possession of the United States;
[(e)] (d) Has completed a program of not less than 3 years of postgraduate training in allopathic or osteopathic medicine approved by the Board;
[(f)] (e) Has passed all oral or written examinations required by the Board or this chapter; and
[(g)] (f) Meets any additional requirements established by the Board, including, without limitation, requirements established by regulations adopted by the Board.
Sec. 23. NRS 630A.270 is hereby amended to read as follows:
630A.270 1. An applicant for a license to practice homeopathic medicine who is a graduate of a foreign medical school shall submit to the Board through its Secretary-Treasurer proof that the applicant:
(a) [Is a citizen of the United States, or that he or she is lawfully entitled to remain and work in the United States;
(b)] Has received the degree of doctor of medicine or its equivalent, as determined by the Board, from a foreign medical school recognized by the Educational Commission for Foreign Medical Graduates;
[(c)] (b) Has completed 3 years of postgraduate training satisfactory to the Board;
[(d)] (c) Has completed an additional 6 months of postgraduate training in homeopathic medicine;
[(e)] (d) Has received the standard certificate of the Educational Commission for Foreign Medical Graduates; and
[(f)] (e) Has passed all parts of the Federation Licensing Examination, or has received a written statement from the Educational Commission for Foreign Medical Graduates that the applicant has passed the examination given by the Commission.
2. In addition to the proofs required by subsection 1, the Board may take such further evidence and require such further proof of the professional and moral qualifications of the applicant as in its discretion may be deemed proper.
3. If the applicant is a diplomate of an approved specialty board recognized by this Board, the requirements of paragraphs [(c)] (b) and [(d)] (c) of subsection 1 may be waived by the Board.
4. Before issuance of a license to practice homeopathic medicine, the applicant who presents the proof required by subsection 1 shall appear personally before the Board and satisfactorily pass a written or oral examination, or both, as to his or her qualifications to practice homeopathic medicine.
Sec. 24. NRS 630A.320 is hereby amended to read as follows:
630A.320 1. Except as otherwise provided in NRS 630A.225, the Board may issue to a qualified applicant a limited license to practice homeopathic medicine as a resident homeopathic physician in a postgraduate program of clinical training if:
κ2019 Statutes of Nevada, Page 4273 (CHAPTER 627, AB 275)κ
(a) The applicant is a graduate of an accredited medical school in the United States or Canada or is a graduate of a foreign medical school recognized by the Educational Commission for Foreign Medical Graduates and [:
(1) Is a citizen of the United States or is lawfully entitled to remain and work in the United States; and
(2) Has] has completed 1 year of supervised clinical training approved by the Board.
(b) The Board approves the program of clinical training, and the medical school or other institution sponsoring the program provides the Board with written confirmation that the applicant has been appointed to a position in the program.
2. In addition to the requirements of subsection 1, an applicant who is a graduate of a foreign medical school must have received the standard certificate of the Educational Commission for Foreign Medical Graduates.
3. The Board may issue this limited license for not more than 1 year, but may renew the license.
4. The holder of this limited license may practice homeopathic medicine only in connection with his or her duties as a resident physician and shall not engage in the private practice of homeopathic medicine.
5. A limited license granted under this section may be revoked by the Board at any time for any of the grounds set forth in NRS 630A.225 or 630A.340 to 630A.380, inclusive.
Sec. 24.5. NRS 631.230 is hereby amended to read as follows:
631.230 1. Any person is eligible to apply for a license to practice dentistry in the State of Nevada who:
(a) Is over the age of 21 years;
(b) [Is a citizen of the United States, or is lawfully entitled to remain and work in the United States;
(c)] Is a graduate of an accredited dental school or college; and
[(d)] (c) Is of good moral character.
2. To determine whether a person has good moral character, the Board may consider whether his or her license to practice dentistry in another state has been suspended or revoked or whether the person is currently involved in any disciplinary action concerning his or her license in that state.
Sec. 25. NRS 631.271 is hereby amended to read as follows:
631.271 1. The Board shall, without a clinical examination required by NRS 631.240 or 631.300, issue a limited license to practice dentistry or dental hygiene to a person who:
(a) Is qualified for a license to practice dentistry or dental hygiene in this State;
(b) Pays the required application fee;
(c) Has entered into a contract with:
(1) The Nevada System of Higher Education to provide services as a dental intern, dental resident or instructor of dentistry or dental hygiene at an educational or outpatient clinic, hospital or other facility of the Nevada System of Higher Education; or
(2) An accredited program of dentistry or dental hygiene of an institution which is accredited by a regional educational accrediting organization that is recognized by the United States Department of Education to provide services as a dental intern, dental resident or instructor of dentistry or dental hygiene at an educational or outpatient clinic, hospital or other facility of the institution and accredited by the Commission on Dental Accreditation of the American Dental Association or its successor specialty accrediting organization;
κ2019 Statutes of Nevada, Page 4274 (CHAPTER 627, AB 275)κ
facility of the institution and accredited by the Commission on Dental Accreditation of the American Dental Association or its successor specialty accrediting organization;
(d) Satisfies the requirements of NRS 631.230 or 631.290, as appropriate; and
(e) Satisfies at least one of the following requirements:
(1) Has a license to practice dentistry or dental hygiene issued pursuant to the laws of another state or territory of the United States, or the District of Columbia;
(2) Presents to the Board a certificate granted by the Western Regional Examining Board which contains a notation that the person has passed, within the 5 years immediately preceding the date of the application, a clinical examination administered by the Western Regional Examining Board;
(3) Successfully passes a clinical examination approved by the Board and the American Board of Dental Examiners; or
(4) Has the educational or outpatient clinic, hospital or other facility where the person will provide services as a dental intern or dental resident in an internship or residency program submit to the Board written confirmation that the person has been appointed to a position in the program . [and is a citizen of the United States or is lawfully entitled to remain and work in the United States.] If a person qualifies for a limited license pursuant to this subparagraph, the limited license remains valid only while the person is actively providing services as a dental intern or dental resident in the internship or residency program [, is lawfully entitled to remain and work in the United States] and is in compliance with all other requirements for the limited license.
2. The Board shall not issue a limited license to a person:
(a) Who has been issued a license to practice dentistry or dental hygiene if:
(1) The person is involved in a disciplinary action concerning the license; or
(2) The license has been revoked or suspended; or
(b) Who has been refused a license to practice dentistry or dental hygiene,
Κ in this State, another state or territory of the United States, or the District of Columbia.
3. Except as otherwise provided in subsection 4, a person to whom a limited license is issued pursuant to subsection 1:
(a) May practice dentistry or dental hygiene in this State only:
(1) At the educational or outpatient clinic, hospital or other facility where the person is employed; and
(2) In accordance with the contract required by paragraph (c) of subsection 1.
(b) Shall not, for the duration of the limited license, engage in the private practice of dentistry or dental hygiene in this State or accept compensation for the practice of dentistry or dental hygiene except such compensation as may be paid to the person by the Nevada System of Higher Education or an accredited program of dentistry or dental hygiene for services provided as a dental intern, dental resident or instructor of dentistry or dental hygiene pursuant to paragraph (c) of subsection 1.
κ2019 Statutes of Nevada, Page 4275 (CHAPTER 627, AB 275)κ
4. The Board may issue a permit authorizing a person who holds a limited license to engage in the practice of dentistry or dental hygiene in this State and to accept compensation for such practice as may be paid to the person by entities other than the Nevada System of Higher Education or an accredited program of dentistry or dental hygiene with whom the person is under contract pursuant to paragraph (c) of subsection 1. The Board shall, by regulation, prescribe the standards, conditions and other requirements for the issuance of a permit.
5. A limited license expires 1 year after its date of issuance and may be renewed on or before the date of its expiration, unless the holder no longer satisfies the requirements for the limited license. The holder of a limited license may, upon compliance with the applicable requirements set forth in NRS 631.330 and the completion of a review conducted at the discretion of the Board, be granted a renewal certificate that authorizes the continuation of practice pursuant to the limited license for 1 year.
6. A permit issued pursuant to subsection 4 expires on the date that the holders limited license expires and may be renewed when the limited license is renewed, unless the holder no longer satisfies the requirements for the permit.
7. Within 7 days after the termination of a contract required by paragraph (c) of subsection 1, the holder of a limited license shall notify the Board of the termination, in writing, and surrender the limited license and a permit issued pursuant to this section, if any, to the Board.
8. The Board may revoke a limited license and a permit issued pursuant to this section, if any, at any time if the Board finds, by a preponderance of the evidence, that the holder of the license violated any provision of this chapter or the regulations of the Board.
Sec. 26. NRS 631.290 is hereby amended to read as follows:
631.290 1. Any person is eligible to apply for a license to practice dental hygiene in this State who:
(a) Is of good moral character;
(b) Is over 18 years of age; and
(c) [Is a citizen of the United States or is lawfully entitled to remain and work in the United States; and
(d)] Is a graduate of a program of dental hygiene from an institution which is accredited by a regional educational accrediting organization that is recognized by the United States Department of Education. The program of dental hygiene must:
(1) Be accredited by the Commission on Dental Accreditation of the American Dental Association or its successor specialty accrediting organization; and
(2) Include a curriculum of not less than 2 years of academic instruction in dental hygiene or its academic equivalent.
2. To determine whether a person has good moral character, the Board may consider whether his or her license to practice dental hygiene in another state has been suspended or revoked or whether he or she is currently involved in any disciplinary action concerning his or her license in that state.
Sec. 27. NRS 632.161 is hereby amended to read as follows:
632.161 1. Except as otherwise provided in NRS 632.3405, the Board may issue a license by endorsement to practice as a professional nurse to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license to practice as a professional nurse in the District of Columbia or any state or territory of the United States.
κ2019 Statutes of Nevada, Page 4276 (CHAPTER 627, AB 275)κ
holds a corresponding valid and unrestricted license to practice as a professional nurse in the District of Columbia or any state or territory of the United States.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) [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 to practice as a professional nurse; and
[(4)] (3) 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 Board to forward the fingerprints in the manner provided in NRS 632.344;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and
(d) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement to practice as a professional nurse pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a professional nurse to the applicant not later than:
(a) Forty-five days after receiving the application; or
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.
4. A license by endorsement to practice as a professional nurse may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.
Sec. 28. NRS 632.162 is hereby amended to read as follows:
632.162 1. Except as otherwise provided in NRS 632.3405, the Board may issue a license by endorsement to practice as a professional nurse to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:
(a) Holds a corresponding valid and unrestricted license to practice as a professional nurse 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 surviving spouse of a veteran.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) [Is a citizen of the United States or otherwise has the legal right to work in the United States;
κ2019 Statutes of Nevada, Page 4277 (CHAPTER 627, AB 275)κ
(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 to practice as a professional nurse; and
[(4)] (3) 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 Board to forward the fingerprints in the manner provided in NRS 632.344;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and
(d) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement to practice as a professional nurse pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a professional nurse to the applicant not later than:
(a) Forty-five days after receiving all the additional information required by the Board to complete the application; or
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.
4. A license by endorsement to practice as a professional nurse may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.
5. At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice as a professional nurse in accordance with regulations adopted by the Board.
6. As used in this section, veteran has the meaning ascribed to it in NRS 417.005.
Sec. 29. NRS 632.281 is hereby amended to read as follows:
632.281 1. Except as otherwise provided in NRS 632.3405, the Board may issue a license by endorsement to practice as a practical nurse to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license to practice as a practical nurse in the District of Columbia or any state or territory of the United States.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) [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 to practice as a practical nurse; and
[(4)] (3) 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 4278 (CHAPTER 627, AB 275)κ
(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 632.344;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and
(d) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement to practice as a practical nurse pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a practical nurse to the applicant not later than:
(a) Forty-five days after receiving the application; or
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.
4. A license by endorsement to practice as a practical nurse may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.
Sec. 30. NRS 632.282 is hereby amended to read as follows:
632.282 1. Except as otherwise provided in NRS 632.3405, the Board may issue a license by endorsement to practice as a practical nurse to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:
(a) Holds a corresponding valid and unrestricted license to practice as a practical nurse 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 surviving spouse of a veteran.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) [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 to practice as a practical nurse; and
[(4)] (3) 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 Board to forward the fingerprints in the manner provided in NRS 632.344;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and
(d) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement to practice as a practical nurse pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application.
κ2019 Statutes of Nevada, Page 4279 (CHAPTER 627, AB 275)κ
Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a practical nurse to the applicant not later than:
(a) Forty-five days after receiving all the additional information required by the Board to complete the application; or
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.
4. A license by endorsement to practice as a practical nurse may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.
5. At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice as a practical nurse in accordance with regulations adopted by the Board.
6. As used in this section, veteran has the meaning ascribed to it in NRS 417.005.
Sec. 31. NRS 633.311 is hereby amended to read as follows:
633.311 1. Except as otherwise provided in NRS 633.315 and 633.381 to 633.419, inclusive, an applicant for a license to practice osteopathic medicine may be issued a license by the Board if:
(a) The applicant is 21 years of age or older;
(b) [The applicant is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c)] The applicant is a graduate of a school of osteopathic medicine;
[(d)] (c) The applicant:
(1) Has graduated from a school of osteopathic medicine before 1995 and has completed:
(I) A hospital internship; or
(II) One year of postgraduate training that complies with the standards of intern training established by the American Osteopathic Association;
(2) Has completed 3 years, or such other length of time as required by a specific program, of postgraduate medical education as a resident in the United States or Canada in a program approved by the Board, the Bureau of Professional Education of the American Osteopathic Association or the Accreditation Council for Graduate Medical Education; or
(3) Is a resident who is enrolled in a postgraduate training program in this State, has completed 24 months of the program and has committed, in writing, that he or she will complete the program;
[(e)] (d) The applicant applies for the license as provided by law;
[(f)] (e) The applicant passes:
(1) All parts of the licensing examination of the National Board of Osteopathic Medical Examiners;
(2) All parts of the licensing examination of the Federation of State Medical Boards;
(3) All parts of the licensing examination of the Board, a state, territory or possession of the United States, or the District of Columbia, and is certified by a specialty board of the American Osteopathic Association or by the American Board of Medical Specialties; or
κ2019 Statutes of Nevada, Page 4280 (CHAPTER 627, AB 275)κ
(4) A combination of the parts of the licensing examinations specified in subparagraphs (1), (2) and (3) that is approved by the Board;
[(g)] (f) The applicant pays the fees provided for in this chapter; and
[(h)] (g) The applicant submits all information required to complete an application for a license.
2. An applicant for a license to practice osteopathic medicine may satisfy the requirements for postgraduate education or training prescribed by paragraph [(d)] (c) of subsection 1:
(a) In one or more approved postgraduate programs, which may be conducted at one or more facilities in this State or, except for a resident who is enrolled in a postgraduate training program in this State pursuant to subparagraph (3) of paragraph [(d)] (c) of subsection 1, in the District of Columbia or another state or territory of the United States;
(b) In one or more approved specialties or disciplines;
(c) In nonconsecutive months; and
(d) At any time before receiving his or her license.
Sec. 32. NRS 633.322 is hereby amended to read as follows:
633.322 In addition to the other requirements for licensure to practice osteopathic medicine, an applicant shall cause to be submitted to the Board:
1. A certificate of completion of progressive postgraduate training from the residency program where the applicant received training; and
2. If applicable, proof of satisfactory completion of a postgraduate training program specified in subparagraph (3) of paragraph [(d)] (c) of subsection 1 of NRS 633.311 within 120 days after the scheduled completion of the program.
Sec. 33. NRS 633.401 is hereby amended to read as follows:
633.401 1. Unless the Board denies such licensure pursuant to NRS 633.315 or for other good cause, the Board shall issue a special license to practice osteopathic medicine:
(a) To authorize a person who is licensed to practice osteopathic medicine in an adjoining state to come into Nevada to care for or assist in the treatment of his or her patients in association with an osteopathic physician in this State who has primary care of the patients.
(b) To a resident while the resident is enrolled in a postgraduate training program required pursuant to the provisions of subparagraph (3) of paragraph [(d)] (c) of subsection 1 of NRS 633.311.
(c) Other than a license issued pursuant to NRS 633.419, for a specified period and for specified purposes to a person who is licensed to practice osteopathic medicine in another jurisdiction.
2. For the purpose of paragraph (c) of subsection 1, the osteopathic physician must:
(a) Hold a full and unrestricted license to practice osteopathic medicine in another state;
(b) Not have had any disciplinary or other action taken against him or her by any state or other jurisdiction; and
(c) Be certified by a specialty board of the American Board of Medical Specialties, the American Osteopathic Association or their successors.
3. A special license issued under this section may be renewed by the Board upon application of the licensee.
4. Every person who applies for or renews a special license under this section shall pay respectively the special license fee or special license renewal fee specified in this chapter.
κ2019 Statutes of Nevada, Page 4281 (CHAPTER 627, AB 275)κ
Sec. 34. NRS 633.4335 is hereby amended to read as follows:
633.4335 1. The Board may issue a license by endorsement to practice as a physician assistant to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:
(a) Holds a corresponding valid and unrestricted license to practice as a physician assistant in the District of Columbia or any state or territory of the United States; and
(b) Is certified in a specialty recognized by the American Board of Medical Specialties or the American Osteopathic Association.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) [Is a citizen of the United States or otherwise has the legal right to work in the United States;
(3)] Has not been disciplined and is not currently under investigation by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license to practice as a physician assistant; and
[(4)] (3) 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 Board to forward the fingerprints in the manner provided in NRS 633.309;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
(d) The application and initial license fee specified in this chapter; and
(e) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement to practice as a physician assistant pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a physician assistant to the applicant not later than:
(a) Forty-five days after receiving the application; or
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.
4. A license by endorsement to practice as a physician assistant may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.
Sec. 35. NRS 633.4336 is hereby amended to read as follows:
633.4336 1. The Board may issue a license by endorsement to practice as a physician assistant to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:
(a) Holds a corresponding valid and unrestricted license to practice as a physician assistant in the District of Columbia or any state or territory of the United States;
κ2019 Statutes of Nevada, Page 4282 (CHAPTER 627, AB 275)κ
(b) Is certified in a specialty recognized by the American Board of Medical Specialties or the American Osteopathic Association; and
(c) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) [Is a citizen of the United States or otherwise has the legal right to work in the United States;
(3)] Has not been disciplined and is not currently under investigation by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a license to practice as a physician assistant; and
[(4)] (3) 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 Board to forward the fingerprints in the manner provided in NRS 633.309;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
(d) The application and initial license fee specified in this chapter; and
(e) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement to practice as a physician assistant pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a physician assistant to the applicant not later than:
(a) Forty-five days after receiving all the additional information required by the Board to complete the application; or
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.
4. A license by endorsement to practice as a physician assistant may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.
5. At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice as a physician assistant in accordance with regulations adopted by the Board.
6. As used in this section, veteran has the meaning ascribed to it in NRS 417.005.
Sec. 36. NRS 634.080 is hereby amended to read as follows:
634.080 1. An applicant for examination must file an application not less than 60 days before the date of the examination.
2. An application must be filed with the Secretary of the Board on a form to be furnished by the Secretary.
3. An application must be verified and must state:
κ2019 Statutes of Nevada, Page 4283 (CHAPTER 627, AB 275)κ
(a) When and where the applicant was born, the various places of the applicants residence during the 5 years immediately preceding the making of the application and the address to which he or she wishes the Board to mail the license.
(b) The name, age and sex of the applicant.
(c) The names and post office addresses of all persons by whom the applicant has been employed for a period of 5 years immediately preceding the making of the application.
(d) Whether or not the applicant has ever applied for a license to practice chiropractic in any other state and, if so, when and where and the results of the application.
(e) [Whether the applicant is a citizen of the United States or lawfully entitled to remain and work in the United States.
(f)] Whether or not the applicant has ever been admitted to the practice of chiropractic in any other state and, if so, whether any discharge, dismissal, disciplinary or other similar proceedings have ever been instituted against the applicant. Such an applicant must also attach a certificate from the chiropractic board of each state in which the applicant was licensed, certifying that the applicant is a member in good standing of the chiropractic profession in that state, and that no proceedings affecting the applicants standing as a chiropractor are undisposed of and pending.
[(g)] (f) The applicants general and chiropractic education, including the schools attended and the time of attendance at each school, and whether the applicant is a graduate of any school or schools.
[(h)] (g) The names of:
(1) Two persons who have known the applicant for at least 3 years; and
(2) A person who is a chiropractor licensed pursuant to the provisions of this chapter or a professor at a school of chiropractic.
[(i)] (h) All other information required to complete the application.
4. An application must include a copy of the applicants official transcript from the school or college of chiropractic from which the applicant received his or her degree of doctor of chiropractic, which must be transmitted by the school or college of chiropractic directly to the Board.
Sec. 37. NRS 635.050 is hereby amended to read as follows:
635.050 1. Any person wishing to practice podiatry in this State must, before beginning to practice, procure from the Board a license to practice podiatry.
2. Except as otherwise provided in NRS 635.066 and 635.0665, a license to practice podiatry may be issued by the Board to any person who:
(a) Is of good moral character.
(b) [Is a citizen of the United States or is lawfully entitled to remain and work in the United States.
(c)] Has received the degree of D.P.M., Doctor of Podiatric Medicine, from an accredited school of podiatry.
[(d)] (c) Has completed a residency approved by the Board.
[(e)] (d) Has passed the examination given by the National Board of Podiatric Medical Examiners.
[(f)] (e) Has not committed any act described in subsection 2 of NRS 635.130. For the purposes of this paragraph, an affidavit signed by the applicant stating that the applicant has not committed any act described in subsection 2 of NRS 635.130 constitutes satisfactory proof.
κ2019 Statutes of Nevada, Page 4284 (CHAPTER 627, AB 275)κ
3. An applicant for a license to practice podiatry must submit to the Board or a committee thereof pursuant to such regulations as the Board may adopt:
(a) The fee for an application for a license, including a license by endorsement, of not more than $600;
(b) Proof satisfactory to the Board that the requirements of subsection 2 have been met; and
(c) All other information required by the Board to complete an application for a license.
Κ The Board shall, by regulation, establish the fee required to be paid pursuant to this subsection.
4. The Board may reject an application if it appears that the applicants credentials are fraudulent or the applicant has practiced podiatry without a license or committed any act described in subsection 2 of NRS 635.130.
5. The Board may require such further documentation or proof of qualification as it may deem proper.
6. The provisions of this section do not apply to a person who applies for:
(a) A limited license to practice podiatry pursuant to NRS 635.075; or
(b) A provisional license to practice podiatry pursuant to NRS 635.082.
Sec. 38. NRS 635.066 is hereby amended to read as follows:
635.066 1. Except as otherwise provided in NRS 635.073, the Board may issue a license by endorsement to practice podiatry to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license to practice podiatry in the District of Columbia or any state or territory of the United States.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) [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 to practice podiatry; and
[(4)] (3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;
(b) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
(c) A fee in the amount of the fee for an application for a license required pursuant to paragraph (a) of subsection 3 of NRS 635.050; and
(d) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement to practice podiatry pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice podiatry to the applicant not later than:
(a) Forty-five days after receiving the application; or
κ2019 Statutes of Nevada, Page 4285 (CHAPTER 627, AB 275)κ
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.
4. A license by endorsement to practice podiatry may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.
Sec. 39. NRS 635.0665 is hereby amended to read as follows:
635.0665 1. Except as otherwise provided in NRS 635.073, the Board may issue a license by endorsement to practice podiatry to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license to practice podiatry in the District of Columbia or any state or territory of the United States.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) [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 holds a license to practice podiatry; and
[(4)] (3) 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 Board to forward the fingerprints in the manner provided in NRS 635.067;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and
(d) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement to practice podiatry pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice podiatry to the applicant not later than:
(a) Forty-five days after receiving all the additional information required by the Board to complete the application; or
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.
4. A license by endorsement to practice podiatry may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.
5. At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice podiatry in accordance with regulations adopted by the Board.
6. If an applicant submits an application for a license by endorsement pursuant to this section and is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran, the Board shall collect not more than one-half of the fee established pursuant to NRS 635.050 for the initial issuance of the license.
κ2019 Statutes of Nevada, Page 4286 (CHAPTER 627, AB 275)κ
established pursuant to NRS 635.050 for the initial issuance of the license. As used in this subsection, veteran has the meaning ascribed to it in NRS 417.005.
Sec. 40. NRS 635.075 is hereby amended to read as follows:
635.075 1. The Board shall issue a limited license to practice podiatry pursuant to this section to each applicant who complies with the provisions of this section.
2. An applicant for a limited license to practice podiatry must submit to the Board:
(a) An application on a form provided by the Board;
(b) A fee in the amount of the fee for an application for a license required pursuant to paragraph (a) of subsection 3 of NRS 635.050; and
(c) Satisfactory proof that the applicant:
(1) Is of good moral character;
(2) [Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(3)] For not less than 25 years:
(I) Was licensed to practice podiatry in one or more states or the District of Columbia and practiced podiatry during the period each such license was in effect; and
(II) Remained licensed in good standing at all times during the period he or she was licensed to practice podiatry; and
[(4)] (3) Has not committed any act described in subsection 2 of NRS 635.130. For the purposes of this subparagraph, an affidavit signed by the applicant stating that the applicant has not committed any act described in subsection 2 of NRS 635.130 constitutes satisfactory proof.
3. An applicant for a limited license is not required to be licensed to practice podiatry in another state or the District of Columbia when he or she submits the application for a limited license to the Board.
4. A person who is issued a limited license pursuant to this section may practice podiatry only under the direct supervision of a podiatric physician who is licensed pursuant to this chapter and who does not hold a limited license issued pursuant to this section.
5. A limited license issued pursuant to this section:
(a) Is effective upon issuance; and
(b) May be renewed in the manner prescribed in NRS 635.110.
6. The Board may:
(a) Place such restrictions and conditions upon a limited license issued pursuant to this section as the Board deems appropriate; and
(b) Adopt regulations to carry out the provisions of this section.
Sec. 41. NRS 635.082 is hereby amended to read as follows:
635.082 1. A graduate of an accredited school of podiatry may, during his or her residency, be granted a provisional license to practice podiatry under the direct supervision of a podiatric physician licensed to practice in this State. A provisional license must not be effective for more than 1 year and is not renewable.
2. A provisional license to practice podiatry may be issued by the Board to any person who:
(a) [Is a citizen of the United States or is lawfully entitled to remain and work in the United States.
(b)] Has received the degree of D.P.M., Doctor of Podiatric Medicine, from an accredited school of podiatry.
κ2019 Statutes of Nevada, Page 4287 (CHAPTER 627, AB 275)κ
[(c)] (b) Has passed the examination given by the National Board of Podiatric Medical Examiners.
3. An applicant for a provisional license to practice podiatry must submit to the Board or a committee thereof pursuant to such regulations as the Board may adopt:
(a) The fee for an application for a provisional license of not more than $600;
(b) Proof satisfactory to the Board that the requirements of subsection 2 have been met; and
(c) All other information required by the Board to complete an application for a provisional license.
4. The fee required pursuant to subsection 3 must be established by regulation of the Board.
5. The Board may by regulation govern the issuance and conditions of the provisional license.
Sec. 42. NRS 635.093 is hereby amended to read as follows:
635.093 Any person wishing to be licensed as a podiatry hygienist in this State must:
1. Furnish the Board with satisfactory proof that the person:
(a) Is of good moral character.
(b) [Is a citizen of the United States or is lawfully entitled to remain and work in the United States.
(c)] Has satisfactorily completed a course for podiatry hygienists approved by the Board or has had 6 months or more of training in a podiatric physicians office as approved by the Board.
2. Submit all information required to complete an application for a license.
3. Pay to the Board a fee, not exceeding $100, which must be established by regulation of the Board.
Sec. 43. NRS 636.155 is hereby amended to read as follows:
636.155 Except as otherwise provided in NRS 636.206 and 636.207, an applicant must file with the Executive Director satisfactory proof that the applicant:
1. Is at least 21 years of age;
2. [Is a citizen of the United States or is lawfully entitled to reside and work in this country;
3.] Is of good moral character;
[4.] 3. Has been certified or recertified as completing a course of cardiopulmonary resuscitation within the 12-month period immediately preceding the examination for licensure; and
[5.] 4. Has graduated from a school of optometry accredited by the established professional agency and the Board, maintaining a standard of 6 college years, and including, as a prerequisite to admission to the courses in optometry, at least 2 academic years of study in a college of arts and sciences accredited by the Association of American Universities or a similar regional accrediting agency.
Sec. 44. NRS 636.206 is hereby amended to read as follows:
636.206 1. The Board may issue a license by endorsement to engage in the practice of optometry to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license to engage in the practice of optometry in the District of Columbia or any state or territory of the United States.
κ2019 Statutes of Nevada, Page 4288 (CHAPTER 627, AB 275)κ
such a license if the applicant holds a corresponding valid and unrestricted license to engage in the practice of optometry in the District of Columbia or any state or territory of the United States.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) [Is a citizen of the United States or otherwise has the legal right to work in the United States;
(3)] Has had no adverse actions reported to the National Practitioner Data Bank within the past 5 years;
[(4)] (3) Has been continuously and actively engaged in the practice of optometry for the past 5 years;
[(5)] (4) Has not been disciplined and is not currently under investigation by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license to engage in the practice of optometry; and
[(6)] (5) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;
(b) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and
(c) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement to engage in the practice of optometry pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to engage in the practice of optometry to the applicant not later than 45 days after receiving the application.
4. A license by endorsement to engage in the practice of optometry may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.
Sec. 45. NRS 636.207 is hereby amended to read as follows:
636.207 1. The Board may issue a license by endorsement to practice optometry to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:
(a) Holds a corresponding valid and unrestricted license to practice optometry 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 surviving spouse of a veteran.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) [Is a citizen of the United States or otherwise has the legal right to work in the United States;
κ2019 Statutes of Nevada, Page 4289 (CHAPTER 627, AB 275)κ
(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 holds a license to practice optometry; and
[(4)] (3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;
(b) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and
(c) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement to practice optometry pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice optometry to the applicant not later than 45 days after receiving all the additional information required by the Board to complete the application.
4. A license by endorsement to practice optometry may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.
5. At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice optometry in accordance with regulations adopted by the Board.
6. As used in this section, veteran has the meaning ascribed to it in NRS 417.005.
Sec. 46. NRS 637.100 is hereby amended to read as follows:
637.100 1. To qualify for examination and licensing as a dispensing optician, an applicant must furnish proof that the applicant:
(a) Is at least 18 years of age.
(b) Is of good moral character.
(c) [Is a citizen of the United States, or is lawfully entitled to remain and work in the United States.
(d)] Is a graduate of an accredited high school or its equivalent.
[(e)] (d) Has passed the examination of the American Board of Opticianry.
[(f)] (e) Has done either of the following:
(1) Served as an apprentice dispensing optician for not less than 3 years in an optical establishment where prescriptions for spectacles or contact lenses from given formulae are fitted and filled under the direct supervision of a licensed dispensing optician, licensed ophthalmologist or licensed optometrist for the purpose of acquiring experience in ophthalmic dispensing and has passed an educational program on the theory of ophthalmic dispensing approved by the Board; or
(2) Successfully completed a course of study in a school which offers a degree of associate in applied science for studies in ophthalmic dispensing approved by the Board and has had 1 year of ophthalmic experience as an apprentice dispensing optician under the direct supervision of a licensed dispensing optician, licensed ophthalmologist or licensed optometrist.
[(g)] (f) Has done all of the following:
(1) Successfully completed a course of instruction on the fitting of contact lenses approved by the Board;
κ2019 Statutes of Nevada, Page 4290 (CHAPTER 627, AB 275)κ
(2) Completed at least 100 hours of training and experience in the fitting of and filling of prescriptions for contact lenses under the direct supervision of a licensed dispensing optician authorized to fit and fill prescriptions for contact lenses, a licensed ophthalmologist or a licensed optometrist;
(3) Passed the Contact Lens Registry Examination of the National Committee of Contact Lens Examiners; and
(4) Passed the practical examination on the fitting of and filling of prescriptions for contact lenses adopted by the Board.
2. The Board shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations that establish requirements for:
(a) The program of apprenticeship for apprentice dispensing opticians;
(b) The training and experience of apprentice dispensing opticians; and
(c) The issuance of licenses to apprentice dispensing opticians.
Sec. 47. NRS 637.127 is hereby amended to read as follows:
637.127 1. The Board shall issue a special license as a dispensing optician to an applicant who:
(a) Is at least 18 years of age;
(b) Is of good moral character;
(c) [Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(d)] Is a graduate of an accredited high school or its equivalent;
[(e)] (d) Has passed the National Opticianry Competency Examination of the American Board of Opticianry;
[(f)] (e) Is currently certified by the American Board of Opticianry;
[(g)] (f) Has passed the Contact Lens Registry Examination of the National Contact Lens Examiners;
[(h)] (g) Is currently certified by the National Contact Lens Examiners;
[(i)] (h) Has passed an examination, if one exists, which is based solely on the provisions of this chapter and any regulations adopted pursuant thereto and is administered by the Board; and
[(j)] (i) Has either:
(1) An active license as a dispensing optician issued by the District of Columbia or any state or territory of the United States; or
(2) Not less than 5 years of experience as a dispensing optician.
2. A person practicing ophthalmic dispensing pursuant to a special license as provided in this section is subject to the provisions of this chapter in the same manner as a person practicing ophthalmic dispensing pursuant to a license issued pursuant to NRS 637.120, including, without limitation, the provisions of this chapter governing the renewal, inactivity or reactivation of a license.
Sec. 48. NRS 637B.203 is hereby amended to read as follows:
637B.203 1. The Board may issue a license by endorsement to engage in the practice of audiology or speech-language pathology to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license to engage in the practice of audiology or speech-language pathology, as applicable, in the District of Columbia or any state or territory of the United States.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
κ2019 Statutes of Nevada, Page 4291 (CHAPTER 627, AB 275)κ
(a) Proof satisfactory to the 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 to engage in the practice of audiology or speech-language pathology, as applicable; and
[(4)] (3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;
(b) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and
(c) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement to engage in the practice of audiology or speech-language pathology pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to engage in the practice of audiology or speech-language pathology, as applicable, to the applicant not later than 45 days after receiving the application.
4. A license by endorsement to engage in the practice of audiology or speech-language pathology may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.
Sec. 49. NRS 637B.204 is hereby amended to read as follows:
637B.204 1. The Board may issue a license by endorsement to engage in the practice of audiology or speech-language pathology to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:
(a) Holds a corresponding valid and unrestricted license to engage in the practice of audiology or speech-language pathology, as applicable, 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 surviving spouse of a veteran.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) [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 holds a license to engage in the practice of audiology or speech-language pathology, as applicable; and
[(4)] (3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;
(b) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and
(c) Any other information required by the Board.
κ2019 Statutes of Nevada, Page 4292 (CHAPTER 627, AB 275)κ
3. Not later than 15 business days after receiving an application for a license by endorsement to engage in the practice of audiology or speech-language pathology pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to engage in the practice of audiology or speech-language pathology, as applicable, to the applicant not later than 45 days after receiving all the additional information required by the Board to complete the application.
4. A license by endorsement to engage in the practice of audiology or speech-language pathology may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.
5. At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to engage in the practice of audiology or speech-language pathology, as applicable, in accordance with regulations adopted by the Board.
6. As used in this section, veteran has the meaning ascribed to it in NRS 417.005.
Sec. 50. NRS 638.100 is hereby amended to read as follows:
638.100 1. Any person who desires to secure a license to practice veterinary medicine, surgery, obstetrics or dentistry in the State of Nevada must make written application to the Executive Director of the Board.
2. The application must include all information required to complete the application and any other information required by the Board and must be accompanied by satisfactory proof that the applicant:
(a) Is of good moral character;
(b) Except as otherwise provided in subsection 3, has received a diploma conferring the degree of doctor of veterinary medicine or its equivalent from a school of veterinary medicine that is accredited by the Council on Education of the American Veterinary Medical Association or, if the applicant is a graduate of a school of veterinary medicine that is not accredited by the Council on Education of the American Veterinary Medical Association, that the applicant has received an educational certificate issued by the Educational Commission for Foreign Veterinary Graduates of the American Veterinary Medical Association or, if the Educational Commission for Foreign Veterinary Graduates of the American Veterinary Medical Association ceases to exist, by an organization approved by the Board that certifies that the holder of the certificate has demonstrated knowledge and skill of veterinary medicine that is equivalent to the knowledge and skill of veterinary medicine of a graduate of a college of veterinary medicine that is accredited by the Council on Education of the American Veterinary Medical Association; and
(c) Has passed each examination required by the Board pursuant to NRS 638.110 . [; and
(d) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.]
3. A veterinary student in his or her final year at a school accredited by the American Veterinary Medical Association may submit an application to the Board and take the state examination administered by the Board, but the Board may not issue a license until the student has complied with the requirements of subsection 2.
κ2019 Statutes of Nevada, Page 4293 (CHAPTER 627, AB 275)κ
the Board and take the state examination administered by the Board, but the Board may not issue a license until the student has complied with the requirements of subsection 2.
4. The application must be signed by the applicant, notarized and accompanied by a fee set by the Board, not to exceed $500.
5. The Board may refuse to issue a license if the Board determines that an applicant has committed an act which would be a ground for disciplinary action if the applicant were a licensee.
Sec. 51. NRS 638.116 is hereby amended to read as follows:
638.116 1. Any person who desires to secure a license as a euthanasia technician must make written application to the Executive Director of the Board.
2. The application must be accompanied by satisfactory proof that the applicant:
(a) Is of good moral character.
(b) [Is a citizen of the United States or is lawfully entitled to remain and work in the United States.
(c)] Is employed by a law enforcement agency, an animal control agency, or by a society for the prevention of cruelty to animals that is in compliance with the provisions of chapter 574 of NRS.
[(d)] (c) Has not been convicted of a felony.
[(e)] (d) Has furnished any other information required by the Board.
3. The application must be accompanied by:
(a) A fee to be set by the Board in an amount not to exceed $500; and
(b) All information required to complete the application.
Sec. 52. NRS 638.122 is hereby amended to read as follows:
638.122 1. Any person who desires to secure a license as a veterinary technician must make written application to the Executive Director of the Board.
2. The application must be accompanied by satisfactory proof that the applicant:
(a) Is of good moral character.
(b) Has received a diploma conferring the degree of veterinary technician or its equivalent after having completed a college level course at a school approved by the Board.
(c) [Is a citizen of the United States or is lawfully entitled to remain and work in the United States.
(d)] Has furnished any other information required by the Board.
3. The application must be accompanied by:
(a) A fee to be set by the Board in an amount not to exceed $500; and
(b) All information required to complete the application.
Sec. 53. NRS 639.136 is hereby amended to read as follows:
639.136 1. The Board may issue a certificate by endorsement as a registered pharmacist to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a certificate if the applicant holds a corresponding valid and unrestricted certificate as a registered pharmacist in the District of Columbia or any state or territory of the United States.
2. An applicant for a certificate by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
κ2019 Statutes of Nevada, Page 4294 (CHAPTER 627, AB 275)κ
(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 certificate as a registered pharmacist; and
[(4)] (3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;
(b) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and
(c) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a certificate by endorsement as a registered pharmacist pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a certificate by endorsement as a registered pharmacist to the applicant not later than 45 days after receiving the application.
4. A certificate by endorsement as a registered pharmacist may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.
Sec. 54. NRS 639.1365 is hereby amended to read as follows:
639.1365 1. The Board may issue a certificate by endorsement as a registered pharmacist to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a certificate if the applicant:
(a) Holds a corresponding valid and unrestricted certificate as a registered pharmacist 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 surviving spouse of a veteran.
2. An applicant for a certificate by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) [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 certificate as a registered pharmacist; and
[(4)] (3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;
(b) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and
(c) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a certificate by endorsement as a registered pharmacist pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a certificate by endorsement as a registered pharmacist to the applicant not later than 45 days after receiving all the additional information required by the Board to complete the application.
κ2019 Statutes of Nevada, Page 4295 (CHAPTER 627, AB 275)κ
to the applicant not later than 45 days after receiving all the additional information required by the Board to complete the application.
4. A certificate by endorsement as a registered pharmacist may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.
5. At any time before making a final decision on an application for a certificate by endorsement pursuant to this section, the Board may grant a provisional certificate as a registered pharmacist to an applicant in accordance with regulations adopted by the Board.
6. As used in this section, veteran has the meaning ascribed to it in NRS 417.005.
Sec. 55. NRS 639.2315 is hereby amended to read as follows:
639.2315 1. The Board may issue a license by endorsement to conduct a pharmacy to an applicant who is a natural person and who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license to conduct a pharmacy in the District of Columbia or any state or territory of the United States.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) [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 to conduct a pharmacy; and
[(4)] (3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;
(b) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and
(c) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement to conduct a pharmacy pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to conduct a pharmacy to the applicant not later than 45 days after receiving the application.
4. A license by endorsement to conduct a pharmacy may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.
Sec. 56. NRS 639.2316 is hereby amended to read as follows:
639.2316 1. The Board may issue a license by endorsement to conduct a pharmacy to an applicant who is a natural person and who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:
(a) Holds a corresponding valid and unrestricted license to conduct a pharmacy in the District of Columbia or any state or territory of the United States; and
κ2019 Statutes of Nevada, Page 4296 (CHAPTER 627, AB 275)κ
(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 surviving spouse of a veteran.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) [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 to conduct a pharmacy; and
[(4)] (3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;
(b) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and
(c) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement to conduct a pharmacy pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to conduct a pharmacy to the applicant not later than 45 days after receiving all the additional information required by the Board to complete the application.
4. A license by endorsement to conduct a pharmacy may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.
5. At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license to conduct a pharmacy to an applicant in accordance with regulations adopted by the Board.
6. As used in this section, veteran has the meaning ascribed to it in NRS 417.005.
Sec. 57. NRS 640.145 is hereby amended to read as follows:
640.145 1. The Board may issue a license by endorsement as a physical therapist or physical therapist assistant to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license as a physical therapist or physical therapist assistant, as applicable, in the District of Columbia or any state or territory of the United States.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) [Is a citizen of the United States or otherwise has the legal right to work in the United States;
(3)] Has not been disciplined and is not currently being 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 physical therapist or physical therapist assistant; and
κ2019 Statutes of Nevada, Page 4297 (CHAPTER 627, AB 275)κ
[(4)] (3) 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 Board to forward the fingerprints in the manner provided in NRS 640.090;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
(d) A fee in the amount of the fee set by a regulation of the Board pursuant to paragraph (c) of subsection 1 of NRS 640.090 for an application for a license; and
(e) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to the applicant not later than:
(a) Forty-five days after receiving the application; or
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.
4. A license by endorsement may be issued at a meeting of the Board or between its meetings by the Chair of the Board or his or her designee. Such an action shall be deemed to be an action of the Board.
Sec. 58. NRS 640.146 is hereby amended to read as follows:
640.146 1. The Board may issue a license by endorsement as a physical therapist or physical therapist assistant to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:
(a) Holds a corresponding valid and unrestricted license as a physical therapist or physical therapist assistant 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 surviving spouse of a veteran.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) [Is a citizen of the United States or otherwise has the legal right to work in the United States;
(3)] Has not been disciplined and is not currently being 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 physical therapist or physical therapist assistant; and
[(4)] (3) 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 Board to forward the fingerprints in the manner provided in NRS 640.090;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
κ2019 Statutes of Nevada, Page 4298 (CHAPTER 627, AB 275)κ
(d) A fee in the amount set by a regulation of the Board pursuant to paragraph (c) of subsection 1 of NRS 640.090 for an application for a license; and
(e) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to the applicant not later than:
(a) Forty-five days after receiving all the additional information required by the Board to complete the application; or
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.
4. A license by endorsement may be issued at a meeting of the Board or between its meetings by the Chair of the Board or his or her designee. Such an action shall be deemed to be an action of the Board.
5. At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice as a physical therapist or physical therapist assistant, as applicable, in accordance with regulations adopted by the Board.
6. As used in this section, veteran has the meaning ascribed to it in NRS 417.005.
Sec. 59. NRS 640A.165 is hereby amended to read as follows:
640A.165 1. The Board may issue a license by endorsement as an occupational therapist to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license as an occupational therapist in the District of Columbia or any state or territory of the United States.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) [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 an occupational therapist; and
[(4)] (3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;
(b) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
(c) A fee in the amount of the fee set by a regulation of the Board pursuant to NRS 640A.190 for the initial issuance of a license; and
(d) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement as an occupational therapist pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application.
κ2019 Statutes of Nevada, Page 4299 (CHAPTER 627, AB 275)κ
information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement as an occupational therapist to the applicant not later than 45 days after receiving the application.
4. A license by endorsement as an occupational therapist may be issued at a meeting of the Board or between its meetings by the Chair of the Board. Such an action shall be deemed to be an action of the Board.
Sec. 60. NRS 640A.166 is hereby amended to read as follows:
640A.166 1. The Board may issue a license by endorsement as an occupational therapist to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:
(a) Holds a corresponding valid and unrestricted license as an occupational therapist 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 surviving spouse of a veteran.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) [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 an occupational therapist; and
[(4)] (3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;
(b) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
(c) A fee in the amount set by a regulation of the Board pursuant to NRS 640A.190 for the initial issuance of a license; and
(d) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement as an occupational therapist pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement as an occupational therapist to the applicant not later than 45 days after receiving all the additional information required by the Board to complete the application.
4. A license by endorsement as an occupational therapist may be issued at a meeting of the Board or between its meetings by the Chair of the Board. Such an action shall be deemed to be an action of the Board.
5. At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice as an occupational therapist in accordance with regulations adopted by the Board.
6. As used in this section, veteran has the meaning ascribed to it in NRS 417.005.
κ2019 Statutes of Nevada, Page 4300 (CHAPTER 627, AB 275)κ
Sec. 61. NRS 640B.310 is hereby amended to read as follows:
640B.310 1. An applicant for a license as an athletic trainer must:
(a) Be of good moral character;
(b) [Be a citizen of the United States or lawfully entitled to remain and work in the United States;
(c)] Have at least a bachelors degree in a program of study approved by the Board;
[(d)] (c) Submit an application on a form provided by the Board;
[(e)] (d) Submit a complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;
[(f)] (e) Pay the fees prescribed by the Board pursuant to NRS 640B.410, which are not refundable; and
[(g)] (f) Except as otherwise provided in subsection 2 and NRS 640B.320, pass the examination prepared by the National Athletic Trainers Association Board of Certification or its successor organization.
2. An applicant who submits proof of current certification as an athletic trainer by the National Athletic Trainers Association Board of Certification, or its successor organization, is not required to pass the examination required by paragraph [(g)] (f) of subsection 1.
3. An applicant who fails the examination may not reapply for a license for at least 1 year after the date on which the applicant submitted the application to the Board.
Sec. 62. NRS 640C.426 is hereby amended to read as follows:
640C.426 1. The Board may issue a license by endorsement to practice massage therapy, reflexology or structural integration to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:
(a) Holds a corresponding valid and unrestricted license to practice massage therapy, reflexology or structural integration 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 surviving spouse of a veteran.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) [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 to practice massage therapy, reflexology or structural integration; and
[(4)] (3) 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 Board to forward the fingerprints in the manner provided in NRS 640C.400;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
κ2019 Statutes of Nevada, Page 4301 (CHAPTER 627, AB 275)κ
(d) The fees prescribed by the Board pursuant to NRS 640C.520 for the application for and initial issuance of a license; and
(e) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement to practice massage therapy, reflexology or structural integration pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice massage therapy, reflexology or structural integration to the applicant not later than:
(a) Forty-five days after receiving all additional information required by the Board to complete the application; or
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.
4. A license by endorsement to practice massage therapy, reflexology or structural integration may be issued at a meeting of the Board or between its meetings by the Chair and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.
5. At any time before making a final decision on an application for a license by endorsement, the Board may grant a provisional license authorizing an applicant to practice as a massage therapist, reflexologist or structural integration practitioner in accordance with regulations adopted by the Board.
6. As used in this section, veteran has the meaning ascribed to it in NRS 417.005.
Sec. 63. NRS 641.170 is hereby amended to read as follows:
641.170 1. Except as otherwise provided in NRS 641.195 and 641.196, each application for licensure as a psychologist must be accompanied by evidence satisfactory to the Board that the applicant:
(a) Is at least 21 years of age.
(b) Is of good moral character as determined by the Board.
(c) [Is a citizen of the United States, or is lawfully entitled to remain and work in the United States.
(d)] Has earned a doctorate in psychology from an accredited educational institution approved by the Board, or has other doctorate-level training from an accredited educational institution deemed equivalent by the Board in both subject matter and extent of training.
[(e)] (d) Has at least 2 years of experience satisfactory to the Board, 1 year of which must be postdoctoral experience in accordance with the requirements established by regulations of the Board.
2. Except as otherwise provided in NRS 641.195 and 641.196, within 120 days after receiving an application and the accompanying evidence from an applicant, the Board shall:
(a) Evaluate the application and accompanying evidence and determine whether the applicant is qualified pursuant to this section for licensure; and
(b) Issue a written statement to the applicant of its determination.
3. The written statement issued to the applicant pursuant to subsection 2 must include:
κ2019 Statutes of Nevada, Page 4302 (CHAPTER 627, AB 275)κ
(a) If the Board determines that the qualifications of the applicant are insufficient for licensure, a detailed explanation of the reasons for that determination.
(b) If the applicant for licensure as a psychologist has not earned a doctorate in psychology from an accredited educational institution approved by the Board and the Board determines that the doctorate-level training from an accredited educational institution is not equivalent in subject matter and extent of training, a detailed explanation of the reasons for that determination.
Sec. 64. NRS 641.195 is hereby amended to read as follows:
641.195 1. The Board may issue a license by endorsement as a psychologist or behavior analyst to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license as a psychologist or behavior analyst, as applicable, in the District of Columbia or any state or territory of the United States.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) [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 psychologist or behavior analyst, as applicable; and
[(4)] (3) 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 Board to forward the fingerprints in the manner provided in NRS 641.160;
(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 Board pursuant to NRS 641.228 for the issuance of an initial license; and
(e) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement as a psychologist or behavior analyst pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement as a psychologist or behavior analyst, as applicable, to the applicant not later than:
(a) Forty-five days after receiving the application; or
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.
4. A license by endorsement as a psychologist or behavior analyst may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.
κ2019 Statutes of Nevada, Page 4303 (CHAPTER 627, AB 275)κ
Sec. 65. NRS 641.196 is hereby amended to read as follows:
641.196 1. The Board may issue a license by endorsement as a psychologist or behavior analyst to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:
(a) Holds a corresponding valid and unrestricted license as a psychologist or behavior analyst, as applicable, 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 surviving spouse of a veteran.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) [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 psychologist or behavior analyst, as applicable; and
[(4)] (3) 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 Board to forward the fingerprints in the manner provided in NRS 641.160;
(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 Board pursuant to NRS 641.228 for the issuance of an initial license; and
(e) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement as a psychologist or behavior analyst pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement as a psychologist or behavior analyst, as applicable, to the applicant not later than:
(a) Forty-five days after receiving all the additional information required by the Board to complete the application; or
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.
4. A license by endorsement as a psychologist or behavior analyst may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.
5. At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice as a psychologist or behavior analyst, as applicable, in accordance with regulations adopted by the Board.
κ2019 Statutes of Nevada, Page 4304 (CHAPTER 627, AB 275)κ
6. As used in this section, veteran has the meaning ascribed to it in NRS 417.005.
Sec. 66. NRS 641.226 is hereby amended to read as follows:
641.226 1. A person who wishes to obtain any postdoctoral supervised experience that is required for licensure as a psychologist pursuant to paragraph [(e)] (d) of subsection 1 of NRS 641.170 must register with the Board as a psychological assistant.
2. A person who:
(a) Is in a doctoral training program in psychology at an accredited educational institution approved by the Board or in doctorate-level training from an accredited educational institution deemed equivalent by the Board in both subject matter and extent of training; and
(b) Wishes to engage in a predoctoral internship pursuant to the requirements of the training program,
Κ may register with the Board as a psychological intern.
3. A person who:
(a) Is in a doctoral training program in psychology at an accredited educational institution approved by the Board or in doctorate-level training from an accredited educational institution deemed equivalent by the Board in both subject matter and extent of training; and
(b) Wishes to perform professional activities or services under the supervision of a psychologist,
Κ may register with the Board as a psychological trainee.
4. A person desiring to register as a psychological assistant, psychological intern or psychological trainee must:
(a) Make application to the Board on a form, and in a manner, prescribed by the Board. The application must be accompanied by the application fee prescribed by the Board and include all information required to complete the application.
(b) 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 Board; and
(2) Submit to the Board:
(I) A complete set of fingerprints, a fee for the processing of fingerprints established by the Board and written permission authorizing the Board 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 Board deems necessary for a report on the applicants background; or
(II) Written verification, on a form prescribed by the Board, 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 Board deems necessary for a report on the applicants background.
5. The Board may:
κ2019 Statutes of Nevada, Page 4305 (CHAPTER 627, AB 275)κ
(a) Unless the applicants fingerprints are directly forwarded pursuant to sub-subparagraph (II) of subparagraph (2) of paragraph (b) of subsection 4, 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 Board deems necessary; and
(b) Request from each agency to which the Board submits the fingerprints any information regarding the applicants background as the Board deems necessary.
6. An application for initial registration as a psychological assistant, psychological intern or psychological trainee is not considered complete and received until the Board receives 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.
7. A registration as a:
(a) Psychological assistant expires 1 year after the date of registration unless the registration is renewed pursuant to subsection 8. A registration as a psychological assistant may not be renewed if the renewal would cause the psychological assistant to be registered as a psychological assistant for more than 3 years unless otherwise approved by the Board.
(b) Psychological intern expires 2 years after the date of registration and may not be renewed unless otherwise approved by the Board.
(c) Psychological trainee expires 2 years after the date of registration unless the registration is renewed pursuant to subsection 8. A registration as a psychological trainee may not be renewed if the renewal would cause the psychological trainee to be registered as a psychological trainee for more than 5 years unless otherwise approved by the Board.
8. To renew a registration as a psychological assistant, psychological intern or psychological trainee, the registrant must, on or before the expiration of the registration:
(a) Apply to the Board for renewal;
(b) Pay the fee prescribed by the Board pursuant to NRS 641.228 for the renewal of a registration as a psychological assistant, psychological intern or psychological trainee; and
(c) Submit all information required to complete the renewal.
9. Any activity or service performed by a psychological assistant, psychological intern or psychological trainee must be performed under the supervision of a psychologist in accordance with regulations adopted by the Board.
Sec. 67. NRS 641A.220 is hereby amended to read as follows:
641A.220 Except as otherwise provided in NRS 641A.241 and 641A.242, each applicant for a license to practice as a marriage and family therapist must furnish evidence satisfactory to the Board that the applicant:
1. Is at least 21 years of age;
2. Is of good moral character;
3. [Is a citizen of the United States, or is lawfully entitled to remain and work in the United States;
4.] Has completed residency training in psychiatry from an accredited institution approved by the Board, has a graduate degree in marriage and family therapy, psychology or social work from an accredited institution approved by the Board or has completed other education and training which is deemed equivalent by the Board;
κ2019 Statutes of Nevada, Page 4306 (CHAPTER 627, AB 275)κ
[5.] 4. Has:
(a) At least 2 years of postgraduate experience in marriage and family therapy; and
(b) At least 3,000 hours of supervised experience in marriage and family therapy, of which at least 1,500 hours must consist of direct contact with clients; and
[6.] 5. Holds an undergraduate degree from an accredited institution approved by the Board.
Sec. 68. NRS 641A.231 is hereby amended to read as follows:
641A.231 Except as otherwise provided in NRS 641A.241 and 641A.242, each applicant for a license to practice as a clinical professional counselor must furnish evidence satisfactory to the Board that the applicant:
1. Is at least 21 years of age;
2. Is of good moral character;
3. [Is a citizen of the United States, or is lawfully entitled to remain and work in the United States;
4.] Has:
(a) Completed residency training in psychiatry from an accredited institution approved by the Board;
(b) A graduate degree from a program approved by the Council for Accreditation of Counseling and Related Educational Programs as a program in mental health counseling or community counseling; or
(c) An acceptable degree as determined by the Board which includes the completion of a practicum and internship in mental health counseling which was taken concurrently with the degree program and was supervised by a licensed mental health professional; and
[5.] 4. Has:
(a) At least 2 years of postgraduate experience in professional counseling;
(b) At least 3,000 hours of supervised experience in professional counseling which includes, without limitation:
(1) At least 1,500 hours of direct contact with clients; and
(2) At least 100 hours of counseling under the direct supervision of an approved supervisor of which at least 1 hour per week was completed for each work setting at which the applicant provided counseling; and
(c) Passed the National Clinical Mental Health Counseling Examination which is administered by the National Board for Certified Counselors.
Sec. 69. NRS 641A.241 is hereby amended to read as follows:
641A.241 1. The Board may issue a license by endorsement to practice as a marriage and family therapist or clinical professional counselor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license as a marriage and family therapist or clinical professional counselor, as applicable, in the District of Columbia or any state or territory of the United States.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) [Is a citizen of the United States or otherwise has the legal right to work in the United States;
κ2019 Statutes of Nevada, Page 4307 (CHAPTER 627, AB 275)κ
(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 marriage and family therapist or clinical professional counselor, as applicable; and
[(4)] (3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;
(b) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
(c) The fees prescribed by the Board pursuant to NRS 641A.290 for the application for and initial issuance of a license; and
(d) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement to practice as a marriage and family therapist or clinical professional counselor pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a marriage and family therapist or clinical professional counselor, as applicable, to the applicant not later than 45 days after receiving the application.
4. A license by endorsement to practice as a marriage and family therapist or clinical professional counselor may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.
Sec. 70. NRS 641A.242 is hereby amended to read as follows:
641A.242 1. The Board may issue a license by endorsement to practice as a marriage and family therapist or clinical professional counselor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:
(a) Holds a corresponding valid and unrestricted license as a marriage and family therapist or clinical professional counselor, as applicable, 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 surviving spouse of a veteran.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) [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 marriage and family therapist or clinical professional counselor, as applicable; and
[(4)] (3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;
(b) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
(c) The fees prescribed by the Board pursuant to NRS 641A.290 for the application for and initial issuance of a license; and
κ2019 Statutes of Nevada, Page 4308 (CHAPTER 627, AB 275)κ
(d) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement to practice as a marriage and family therapist or clinical professional counselor pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a marriage and family therapist or clinical professional counselor, as applicable, to the applicant not later than 45 days after receiving all the additional information required by the Board to complete the application.
4. A license by endorsement to practice as a marriage and family therapist or clinical professional counselor may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.
5. At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice as a marriage and family therapist or clinical professional counselor, as applicable, in accordance with regulations adopted by the Board.
6. As used in this section, veteran has the meaning ascribed to it in NRS 417.005.
Sec. 71. NRS 641A.287 is hereby amended to read as follows:
641A.287 1. A person who wishes to obtain the supervised experience that is required for licensure as a marriage and family therapist pursuant to this chapter must obtain a license as a marriage and family therapist intern before beginning the supervised experience.
2. An applicant for a license as a marriage and family therapist intern must furnish evidence satisfactory to the Board that the applicant:
(a) Is at least 21 years of age;
(b) Is of good moral character;
(c) [Is a citizen of the United States, or is lawfully entitled to remain and work in the United States;
(d)] Possesses a graduate degree in marriage and family therapy, psychology or social work from an accredited institution approved by the Board or has completed other education and training which is deemed equivalent by the Board; and
[(e)] (d) Has entered into a supervision agreement with an approved supervisor.
Sec. 72. NRS 641A.2874 is hereby amended to read as follows:
641A.2874 The holder of a license as a marriage and family therapist intern:
1. May engage in the practice of marriage and family therapy only for the purposes of obtaining the supervised experience required by subsection [5] 4 of NRS 641A.220 for a license to practice as a marriage and family therapist; and
2. Shall not engage in the practice of marriage and family therapy independently.
Sec. 73. NRS 641A.288 is hereby amended to read as follows:
641A.288 1. A person who wishes to obtain the supervised experience that is required for licensure as a clinical professional counselor pursuant to this chapter must obtain a license as a clinical professional counselor intern before beginning the supervised experience.
κ2019 Statutes of Nevada, Page 4309 (CHAPTER 627, AB 275)κ
pursuant to this chapter must obtain a license as a clinical professional counselor intern before beginning the supervised experience.
2. An applicant for a license as a clinical professional counselor intern must furnish evidence satisfactory to the Board that the applicant:
(a) Is at least 21 years of age;
(b) Is of good moral character;
(c) [Is a citizen of the United States, or is lawfully entitled to remain and work in the United States;
(d)] Possesses a graduate degree in counseling from an accredited college or university approved by the Board which required the completion of a practicum or internship; and
[(e)] (d) Has entered into a supervision agreement with an approved supervisor.
Sec. 74. NRS 641A.2884 is hereby amended to read as follows:
641A.2884 The holder of a license as a clinical professional counselor intern:
1. May engage in the practice of clinical professional counseling only for the purposes of obtaining the supervised experience required by subsection [5] 4 of NRS 641A.231 for a license to practice as a clinical professional counselor; and
2. Shall not engage in the practice of clinical professional counseling independently.
Sec. 75. NRS 641B.200 is hereby amended to read as follows:
641B.200 Each applicant for a license shall furnish evidence satisfactory to the Board that the applicant is [:
1. At] at least 21 years of age.
[2. A citizen of the United States, or is lawfully entitled to remain and work in the United States.]
Sec. 76. NRS 641B.271 is hereby amended to read as follows:
641B.271 1. The Board may issue a license by endorsement to engage in social work to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license to engage in social work in the District of Columbia or any state or territory of the United States.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) [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 to engage in social work;
[(4)] (3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States; and
[(5)] (4) Has been continuously and actively engaged in social work for the past 5 years;
κ2019 Statutes of Nevada, Page 4310 (CHAPTER 627, AB 275)κ
(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 641B.202;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and
(d) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement to engage in social work pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to engage in social work to the applicant not later than:
(a) Forty-five days after receiving the application; or
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.
4. A license by endorsement to engage in social work may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.
Sec. 77. NRS 641B.272 is hereby amended to read as follows:
641B.272 1. The Board may issue a license by endorsement to engage in social work to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:
(a) Holds a corresponding valid and unrestricted license to engage in social work 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 surviving spouse of a veteran.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) [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 to engage in social work;
[(4)] (3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States; and
[(5)] (4) Is currently engaged in social work under the license held required by paragraph (a) of subsection 1;
(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 641B.202;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and
(d) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement to engage in social work pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to engage in social work to the applicant not later than:
κ2019 Statutes of Nevada, Page 4311 (CHAPTER 627, AB 275)κ
Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to engage in social work to the applicant not later than:
(a) Forty-five days after receiving all the additional information required by the Board to complete the application; or
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.
4. A license by endorsement to engage in social work may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.
5. At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to engage in social work in accordance with regulations adopted by the Board.
6. As used in this section, veteran has the meaning ascribed to it in NRS 417.005.
Sec. 78. NRS 641C.150 is hereby amended to read as follows:
641C.150 1. The Board of Examiners for Alcohol, Drug and Gambling Counselors, consisting of seven members appointed by the Governor, is hereby created.
2. The Board must consist of:
(a) Three members who are licensed as clinical alcohol and drug abuse counselors or alcohol and drug abuse counselors pursuant to the provisions of this chapter.
(b) One member who is certified as an alcohol and drug abuse counselor pursuant to the provisions of this chapter.
(c) Two members who are licensed pursuant to chapter 630, 632, 641, 641A or 641B of NRS and certified as problem gambling counselors pursuant to the provisions of this chapter.
(d) One member who is a representative of the general public. This member must not be:
(1) A licensed clinical alcohol and drug abuse counselor or a licensed or certified alcohol and drug abuse counselor or a certified problem gambling counselor; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a licensed clinical alcohol and drug abuse counselor or a licensed or certified alcohol and drug abuse counselor or a certified problem gambling counselor.
3. A person may not be appointed to the Board unless he or she is [:
(a) A citizen of the United States or is lawfully entitled to remain and work in the United States; and
(b) A] a resident of this State.
4. No member of the Board may be held liable in a civil action for any act that he or she performs in good faith in the execution of his or her duties pursuant to the provisions of this chapter.
Sec. 79. NRS 641C.330 is hereby amended to read as follows:
641C.330 The Board shall issue a license as a clinical alcohol and drug abuse counselor to:
1. A person who:
(a) Is not less than 21 years of age;
κ2019 Statutes of Nevada, Page 4312 (CHAPTER 627, AB 275)κ
(b) [Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c)] Has received a masters degree or a doctoral degree from an accredited college or university in a field of social science approved by the Board that includes comprehensive course work in clinical mental health, including the diagnosis of mental health disorders;
[(d)] (c) Has completed a program approved by the Board consisting of at least 2,000 hours of supervised, postgraduate counseling of alcohol and drug abusers;
[(e)] (d) Has completed a program that:
(1) Is approved by the Board; and
(2) Consists of at least 2,000 hours of postgraduate counseling of persons with mental illness who are also alcohol and drug abusers that is supervised by a licensed clinical alcohol and drug abuse counselor who is approved by the Board;
[(f)] (e) Passes the written and oral examinations prescribed by the Board pursuant to NRS 641C.290;
[(g)] (f) Pays the fees required pursuant to NRS 641C.470; and
[(h)] (g) Submits all information required to complete an application for a license.
2. A person who:
(a) Is not less than 21 years of age;
(b) [Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c)] Is:
(1) Licensed as a clinical social worker pursuant to chapter 641B of NRS;
(2) Licensed as a marriage and family therapist pursuant to chapter 641A of NRS; or
(3) A nurse who is licensed pursuant to chapter 632 of NRS and has received a masters degree or a doctoral degree from an accredited college or university;
[(d)] (c) Has completed at least 6 months of supervised counseling of alcohol and drug abusers approved by the Board;
[(e)] (d) Passes the written and oral examinations prescribed by the Board pursuant to NRS 641C.290;
[(f)] (e) Pays the fees required pursuant to NRS 641C.470; and
[(g)] (f) Submits all the information required to complete an application for a license.
Sec. 80. NRS 641C.3305 is hereby amended to read as follows:
641C.3305 1. The Board may issue a license by endorsement as a clinical alcohol and drug abuse counselor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license as a clinical alcohol and drug abuse counselor in the District of Columbia or any state or territory of the United States.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) [Is a citizen of the United States or otherwise has the legal right to work in the United States;
κ2019 Statutes of Nevada, Page 4313 (CHAPTER 627, AB 275)κ
(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 clinical alcohol and drug abuse counselor; and
[(4)] (3) 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 Board to forward the fingerprints in the manner provided in NRS 641C.260;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
(d) The fees prescribed by the Board pursuant to NRS 641C.470 for the initial application for and issuance of an initial license; and
(e) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement as a clinical alcohol and drug abuse counselor pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement as a clinical alcohol and drug abuse counselor to the applicant not later than:
(a) Forty-five days after receiving the application; or
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.
4. A license by endorsement as a clinical alcohol and drug abuse counselor may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.
Sec. 81. NRS 641C.3306 is hereby amended to read as follows:
641C.3306 1. The Board may issue a license by endorsement as a clinical alcohol and drug abuse counselor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:
(a) Holds a corresponding valid and unrestricted license as a clinical alcohol and drug abuse counselor 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 surviving spouse of a veteran.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) [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 clinical alcohol and drug abuse counselor; and
[(4)] (3) 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 4314 (CHAPTER 627, AB 275)κ
(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 641C.260;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
(d) The fees prescribed by the Board pursuant to NRS 641C.470 for the initial application for and issuance of an initial license; and
(e) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement as a clinical alcohol and drug abuse counselor pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement as a clinical alcohol and drug abuse counselor to the applicant not later than:
(a) Forty-five days after receiving all the additional information required by the Board to complete the application; or
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.
4. A license by endorsement as a clinical alcohol and drug abuse counselor may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.
5. At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice as a clinical alcohol and drug abuse counselor in accordance with regulations adopted by the Board.
6. As used in this section, veteran has the meaning ascribed to it in NRS 417.005.
Sec. 82. NRS 641C.340 is hereby amended to read as follows:
641C.340 1. The Board shall issue a certificate as a clinical alcohol and drug abuse counselor intern to a person who:
(a) Is not less than 21 years of age;
(b) [Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c)] Pays the fees required pursuant to NRS 641C.470;
[(d)] (c) Submits proof to the Board that the person has received a masters degree or doctoral degree in a field of social science approved by the Board that includes comprehensive course work in clinical mental health, including the diagnosis of mental health disorders; and
[(e)] (d) Submits all the information required to complete an application for a certificate.
2. A certificate as a clinical alcohol and drug abuse counselor intern is valid for 6 months and may be renewed. The Board may waive any requirement for the renewal of a certificate upon good cause shown by the holder of the certificate.
3. A certified clinical alcohol and drug abuse counselor intern may, under the supervision of a licensed clinical alcohol and drug abuse counselor:
(a) Engage in the clinical practice of counseling alcohol and drug abusers; and
(b) Diagnose or classify a person as an alcoholic or drug abuser.
κ2019 Statutes of Nevada, Page 4315 (CHAPTER 627, AB 275)κ
Sec. 83. NRS 641C.350 is hereby amended to read as follows:
641C.350 The Board shall issue a license as an alcohol and drug abuse counselor to:
1. A person who:
(a) Is not less than 21 years of age;
(b) [Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c)] Has received a masters degree or a doctoral degree from an accredited college or university in a field of social science approved by the Board;
[(d)] (c) Has completed 4,000 hours of supervised counseling of alcohol and drug abusers;
[(e)] (d) Passes the written and oral examinations prescribed by the Board pursuant to NRS 641C.290;
[(f)] (e) Pays the fees required pursuant to NRS 641C.470; and
[(g)] (f) Submits all information required to complete an application for a license.
2. A person who:
(a) Is not less than 21 years of age;
(b) [Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c)] Is:
(1) Licensed as a clinical social worker pursuant to chapter 641B of NRS;
(2) Licensed as a clinical professional counselor pursuant to chapter 641A of NRS;
(3) Licensed as a marriage and family therapist pursuant to chapter 641A of NRS;
(4) A nurse who is licensed pursuant to chapter 632 of NRS and has received a masters degree or a doctoral degree from an accredited college or university; or
(5) Licensed as a clinical alcohol and drug abuse counselor pursuant to this chapter;
[(d)] (c) Has completed 1,000 hours of supervised counseling of alcohol and drug abusers approved by the Board;
[(e)] (d) Passes the written and oral examinations prescribed by the Board pursuant to NRS 641C.290;
[(f)] (e) Pays the fees required pursuant to NRS 641C.470; and
[(g)] (f) Submits all information required to complete an application for a license.
Sec. 84. NRS 641C.355 is hereby amended to read as follows:
641C.355 1. The Board may issue a license by endorsement as an alcohol and drug abuse counselor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license as an alcohol and drug abuse counselor in the District of Columbia or any state or territory of the United States.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
κ2019 Statutes of Nevada, Page 4316 (CHAPTER 627, AB 275)κ
(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 an alcohol and drug abuse counselor; and
[(4)] (3) 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 Board to forward the fingerprints in the manner provided in NRS 641C.260;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
(d) The fees prescribed by the Board pursuant to NRS 641C.470 for the initial application for and issuance of an initial license; and
(e) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement as an alcohol and drug abuse counselor pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement as an alcohol and drug abuse counselor to the applicant not later than:
(a) Forty-five days after receiving the application; or
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.
4. A license by endorsement as an alcohol and drug abuse counselor may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.
Sec. 85. NRS 641C.356 is hereby amended to read as follows:
641C.356 1. The Board may issue a license by endorsement as an alcohol and drug abuse counselor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:
(a) Holds a corresponding valid and unrestricted license as an alcohol and drug abuse counselor 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 surviving spouse of a veteran.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) [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 an alcohol and drug abuse counselor; and
κ2019 Statutes of Nevada, Page 4317 (CHAPTER 627, AB 275)κ
[(4)] (3) 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 Board to forward the fingerprints in the manner provided in NRS 641C.260;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
(d) The fees prescribed by the Board pursuant to NRS 641C.470 for the initial application for and issuance of an initial license; and
(e) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement as an alcohol and drug abuse counselor pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement as an alcohol and drug abuse counselor to the applicant not later than:
(a) Forty-five days after receiving all the additional information required by the Board to complete the application; or
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.
4. A license by endorsement as an alcohol and drug abuse counselor may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.
5. At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice as an alcohol and drug abuse counselor in accordance with regulations adopted by the Board.
6. As used in this section, veteran has the meaning ascribed to it in NRS 417.005.
Sec. 86. NRS 641C.390 is hereby amended to read as follows:
641C.390 1. The Board shall issue a certificate as an alcohol and drug abuse counselor to a person who:
(a) Is not less than 21 years of age;
(b) [Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c)] Except as otherwise provided in subsection 2, has received a bachelors degree from an accredited college or university in a field of social science approved by the Board;
[(d)] (c) Has completed 4,000 hours of supervised counseling of alcohol and drug abusers;
[(e)] (d) Passes the written and oral examinations prescribed by the Board pursuant to NRS 641C.290;
[(f)] (e) Pays the fees required pursuant to NRS 641C.470; and
[(g)] (f) Submits all information required to complete an application for a certificate.
2. The Board may waive the educational requirement set forth in paragraph [(c)] (b) of subsection 1 if an applicant for a certificate has contracted with or receives a grant from the Federal Government to provide services as an alcohol and drug abuse counselor to persons who are authorized to receive those services pursuant to 25 U.S.C. §§ 5301 et seq. or 25 U.S.C. §§ 1601 et seq.
κ2019 Statutes of Nevada, Page 4318 (CHAPTER 627, AB 275)κ
25 U.S.C. §§ 1601 et seq. An alcohol and drug abuse counselor certified pursuant to this section for whom the educational requirement set forth in paragraph [(c)] (b) of subsection 1 is waived may provide services as an alcohol and drug abuse counselor only to those persons who are authorized to receive those services pursuant to 25 U.S.C. §§ 5301 et seq. or 25 U.S.C. §§ 1601 et seq.
3. A certificate as an alcohol and drug abuse counselor is valid for 2 years and may be renewed.
4. A certified alcohol and drug abuse counselor may:
(a) Engage in the practice of counseling alcohol and drug abusers;
(b) Diagnose or classify a person as an alcoholic or abuser of drugs; and
(c) If the certified alcohol and drug abuse counselor has been certified for at least 3 years and meets any other requirements prescribed by regulation of the Board for the supervision of interns, supervise certified alcohol and drug abuse counselor interns.
Sec. 87. NRS 641C.395 is hereby amended to read as follows:
641C.395 1. The Board may issue a certificate by endorsement as an alcohol and drug abuse counselor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a certificate if the applicant holds a corresponding valid and unrestricted certificate as an alcohol and drug abuse counselor in the District of Columbia or any state or territory of the United States.
2. An applicant for a certificate by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) [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 certificate as an alcohol and drug abuse counselor; and
[(4)] (3) 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 Board to forward the fingerprints in the manner provided in NRS 641C.260;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
(d) The fees prescribed by the Board pursuant to NRS 641C.470 for the initial application for and issuance of an initial certificate; and
(e) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a certificate by endorsement as an alcohol and drug abuse counselor pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a certificate by endorsement as an alcohol and drug abuse counselor to the applicant not later than:
(a) Forty-five days after receiving the application; or
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.
κ2019 Statutes of Nevada, Page 4319 (CHAPTER 627, AB 275)κ
4. A certificate by endorsement as an alcohol and drug abuse counselor may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.
Sec. 88. NRS 641C.396 is hereby amended to read as follows:
641C.396 1. The Board may issue a certificate by endorsement as an alcohol and drug abuse counselor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a certificate if the applicant:
(a) Holds a corresponding valid and unrestricted certificate as an alcohol and drug abuse counselor 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 surviving spouse of a veteran.
2. An applicant for a certificate by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) [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 certificate as an alcohol and drug abuse counselor; and
[(4)] (3) 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 Board to forward the fingerprints in the manner provided in NRS 641C.260;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
(d) The fees prescribed by the Board pursuant to NRS 641C.470 for the initial application for and issuance of an initial certificate; and
(e) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a certificate by endorsement as an alcohol and drug abuse counselor pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a certificate by endorsement as an alcohol and drug abuse counselor to the applicant not later than:
(a) Forty-five days after receiving all additional information required by the Board to complete the application; or
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.
4. A certificate by endorsement as an alcohol and drug abuse counselor may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.
5. At any time before making a final decision on an application for a certificate by endorsement pursuant to this section, the Board may grant a provisional certificate authorizing an applicant to practice as an alcohol and drug abuse counselor in accordance with regulations adopted by the Board.
κ2019 Statutes of Nevada, Page 4320 (CHAPTER 627, AB 275)κ
provisional certificate authorizing an applicant to practice as an alcohol and drug abuse counselor in accordance with regulations adopted by the Board.
6. As used in this section, veteran has the meaning ascribed to it in NRS 417.005.
Sec. 89. NRS 641C.420 is hereby amended to read as follows:
641C.420 1. The Board shall issue a certificate as an alcohol and drug abuse counselor intern to a person who:
(a) Is not less than 21 years of age;
(b) [Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c)] Pays the fees required pursuant to NRS 641C.470;
[(d)] (c) Submits proof to the Board that the person:
(1) Is enrolled in a program in which he or she has completed at least 60 hours of credit toward the completion of a bachelors degree in a field of social science approved by the Board;
(2) Is enrolled in a program from which he or she will receive a masters degree or doctoral degree in a field of social science approved by the Board; or
(3) Has received an associates degree, bachelors degree, masters degree or doctoral degree that included at least 18 hours of credit specifically related to the practice of counseling alcohol and drug abusers in a field of social science approved by the Board;
[(e)] (d) Has received at least 6 hours of instruction relating to confidentiality and 6 hours of instruction relating to ethics; and
[(f)] (e) Submits all information required to complete an application for a certificate.
2. A certificate as an alcohol and drug abuse counselor intern is valid for 6 months and may be renewed. The Board may waive any requirement for the renewal of a certificate upon good cause shown by the holder of the certificate.
3. A certified alcohol and drug abuse counselor intern may, under the supervision of a licensed alcohol and drug abuse counselor, licensed clinical alcohol and drug abuse counselor or certified alcohol and drug abuse counselor who meets the requirements of paragraph (c) of subsection 4 of NRS 641C.390:
(a) Engage in the practice of counseling alcohol and drug abusers; and
(b) Diagnose or classify a person as an alcoholic or drug abuser.
Sec. 90. NRS 641C.430 is hereby amended to read as follows:
641C.430 The Board may issue a certificate as a problem gambling counselor to:
1. A person who:
(a) Is not less than 21 years of age;
(b) [Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c)] Has received a bachelors degree, masters degree or a doctoral degree from an accredited college or university in a field of social science approved by the Board;
[(d)] (c) Has completed not less than 60 hours of training specific to problem gambling approved by the Board;
[(e)] (d) Has completed at least 2,000 hours of supervised counseling of problem gamblers in a setting approved by the Board;
κ2019 Statutes of Nevada, Page 4321 (CHAPTER 627, AB 275)κ
[(f)] (e) Passes the written and oral examination prescribed by the Board pursuant to NRS 641C.290;
[(g)] (f) Presents himself or herself when scheduled for an interview at a meeting of the Board;
[(h)] (g) Pays the fees required pursuant to NRS 641C.470; and
[(i)] (h) Submits all information required to complete an application for a certificate.
2. A person who:
(a) Is not less than 21 years of age;
(b) [Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c)] Is licensed as:
(1) A clinical social worker pursuant to chapter 641B of NRS;
(2) A clinical professional counselor pursuant to chapter 641A of NRS;
(3) A marriage and family therapist pursuant to chapter 641A of NRS;
(4) A physician pursuant to chapter 630 of NRS;
(5) A nurse pursuant to chapter 632 of NRS and has received a masters degree or a doctoral degree from an accredited college or university;
(6) A psychologist pursuant to chapter 641 of NRS;
(7) An alcohol and drug abuse counselor pursuant to this chapter; or
(8) A clinical alcohol and drug abuse counselor pursuant to this chapter;
[(d)] (c) Has completed not less than 60 hours of training specific to problem gambling approved by the Board;
[(e)] (d) Has completed at least 1,000 hours of supervised counseling of problem gamblers in a setting approved by the Board;
[(f)] (e) Passes the written and oral examination prescribed by the Board pursuant to NRS 641C.290;
[(g)] (f) Pays the fees required pursuant to NRS 641C.470; and
[(h)] (g) Submits all information required to complete an application for a certificate.
Sec. 91. NRS 641C.432 is hereby amended to read as follows:
641C.432 1. The Board may issue a certificate by endorsement as a problem gambling counselor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a certificate if the applicant holds a corresponding valid and unrestricted certificate as a problem gambling counselor in the District of Columbia or any state or territory of the United States.
2. An applicant for a certificate by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) [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 certificate as a problem gambling counselor; and
[(4)] (3) 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 4322 (CHAPTER 627, AB 275)κ
(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 641C.260;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
(d) The fees prescribed by the Board pursuant to NRS 641C.470 for the initial application for and issuance of an initial certificate; and
(e) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a certificate by endorsement as a problem gambling counselor pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a certificate by endorsement as a problem gambling counselor to the applicant not later than:
(a) Forty-five days after receiving the application; or
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.
4. A certificate by endorsement as a problem gambling counselor may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.
Sec. 92. NRS 641C.433 is hereby amended to read as follows:
641C.433 1. The Board may issue a certificate by endorsement as a problem gambling counselor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a certificate if the applicant:
(a) Holds a corresponding valid and unrestricted certificate as a problem gambling counselor 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 surviving spouse of a veteran.
2. An applicant for a certificate by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) [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 certificate as a problem gambling counselor; and
[(4)] (3) 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 Board to forward the fingerprints in the manner provided in NRS 641C.260;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
(d) The fees prescribed by the Board pursuant to NRS 641C.470 for the initial application for and issuance of an initial certificate; and
(e) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a certificate by endorsement as a problem gambling counselor pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application.
κ2019 Statutes of Nevada, Page 4323 (CHAPTER 627, AB 275)κ
section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a certificate by endorsement as a problem gambling counselor to the applicant not later than:
(a) Forty-five days after receiving all the additional information required by the Board to complete the application; or
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.
4. A certificate by endorsement as a problem gambling counselor may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.
5. At any time before making a final decision on an application for a certificate by endorsement pursuant to this section, the Board may grant a provisional certificate authorizing an applicant to practice as a problem gambling counselor in accordance with regulations adopted by the Board.
6. As used in this section, veteran has the meaning ascribed to it in NRS 417.005.
Sec. 93. NRS 641C.440 is hereby amended to read as follows:
641C.440 1. The Board may issue a certificate as a problem gambling counselor intern to a person who:
(a) Is not less than 21 years of age;
(b) [Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c)] Submits proof to the Board that the person:
(1) Has received a bachelors degree, masters degree or a doctoral degree from an accredited college or university in a field of social science approved by the Board; or
(2) Is enrolled in a program at an accredited college or university from which he or she will receive a bachelors degree, masters degree or a doctoral degree in a field of social science approved by the Board;
[(d)] (c) Has completed not less than 30 hours of training specific to problem gambling approved by the Board;
[(e)] (d) Demonstrates that a certified problem gambling counselor approved by the Board has agreed to supervise him or her in a setting approved by the Board;
[(f)] (e) Pays the fees required pursuant to NRS 641C.470; and
[(g)] (f) Submits all information required to complete an application for a certificate.
2. A certificate as a problem gambling counselor intern is valid for 6 months and, except as otherwise provided in subsection 3, may be renewed.
3. A certificate as a problem gambling counselor intern issued to a person on the basis that the person is enrolled in a program at an accredited college or university from which he or she will receive a bachelors degree, masters degree or a doctoral degree in a field of social science approved by the Board may be renewed not more than nine times.
4. A certified problem gambling counselor intern may, under the supervision of a certified problem gambling counselor:
(a) Engage in the practice of counseling problem gamblers; and
(b) Assess and evaluate a person as a problem gambler.
κ2019 Statutes of Nevada, Page 4324 (CHAPTER 627, AB 275)κ
Sec. 94. NRS 644A.300 is hereby amended to read as follows:
644A.300 The Board shall admit to examination for a license as a cosmetologist any person who has made application to the Board in proper form and paid the fee, and who before or on the date of the examination:
1. Is not less than 18 years of age.
2. Is of good moral character.
3. [Is a citizen of the United States or is lawfully entitled to remain and work in the United States.
4.] Has successfully completed the 10th grade in school or its equivalent. Testing for equivalency must be pursuant to applicable state or federal requirements.
[5.] 4. Has had any one of the following:
(a) Training of at least 1,600 hours, extending over a school term of 10 months, in a school of cosmetology approved by the Board.
(b) Practice of the occupation of a cosmetologist for a period of 4 years outside this State.
(c) If the applicant is a barber registered pursuant to chapter 643 of NRS, 600 hours of specialized training approved by the Board.
(d) At least 3,200 hours of service as a cosmetologists apprentice in a licensed cosmetological establishment in which all of the occupations of cosmetology are practiced. The required hours must have been completed during the period of validity of the certificate of registration as a cosmetologists apprentice issued to the person pursuant to NRS 644A.310.
Sec. 95. NRS 644A.315 is hereby amended to read as follows:
644A.315 The Board shall admit to examination for a license as a hair designer each person who has applied to the Board in proper form and paid the fee, and who:
1. Is not less than 18 years of age.
2. Is of good moral character.
3. [Is a citizen of the United States or is lawfully entitled to remain and work in the United States.
4.] Has successfully completed the 10th grade in school or its equivalent. Testing for equivalency must be pursuant to state or federal requirements.
[5.] 4. Satisfies at least one of the following:
(a) Is a barber registered pursuant to chapter 643 of NRS.
(b) Has had training of at least 1,200 hours, extending over a period of 7 consecutive months, in a school of cosmetology approved by the Board.
(c) Has had practice of the occupation of hair designing for at least 4 years outside this State.
(d) Has had at least 2,400 hours of service as a hair designers apprentice in a licensed cosmetological establishment in which hair design is practiced. The required hours must have been completed during the period of validity of the certificate of registration as a hair designers apprentice issued to the person pursuant to NRS 644A.325.
Sec. 96. NRS 644A.330 is hereby amended to read as follows:
644A.330 The Board shall admit to examination for a license as an esthetician any person who has made application to the Board in proper form, paid the fee and:
1. Is at least 18 years of age;
2. Is of good moral character;
κ2019 Statutes of Nevada, Page 4325 (CHAPTER 627, AB 275)κ
3. [Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
4.] Has successfully completed the 10th grade in school or its equivalent; and
[5.] 4. Has had any one of the following:
(a) A minimum of 900 hours of training, which includes theory, modeling and practice, in a licensed school of cosmetology.
(b) Practice as a full-time licensed esthetician for at least 1 year.
(c) At least 1,800 hours of service as an estheticians apprentice in a licensed cosmetological establishment in which esthetics is practiced. The required hours must have been completed during the period of validity of the certificate of registration as an estheticians apprentice issued to the person pursuant to NRS 644A.340.
Sec. 97. NRS 644A.345 is hereby amended to read as follows:
644A.345 The Board shall admit to examination for a license as a nail technologist any person who has made application to the Board in proper form, paid the fee and who, before or on the date of the examination:
1. Is not less than 18 years of age.
2. Is of good moral character.
3. [Is a citizen of the United States or is lawfully entitled to remain and work in the United States.
4.] Has successfully completed the 10th grade in school or its equivalent.
[5.] 4. Has had any one of the following:
(a) Practical training of at least 600 hours under the immediate supervision of a licensed instructor in a licensed school of cosmetology in which the practice is taught.
(b) Practice as a full-time licensed nail technologist for 1 year outside the State of Nevada.
(c) At least 1,200 hours of service as a nail technologists apprentice in a licensed cosmetological establishment in which nail technology is practiced. The required hours must have been completed during the period of validity of the certificate of registration as a nail technologists apprentice issued to the person pursuant to NRS 644A.355.
Sec. 98. NRS 644A.360 is hereby amended to read as follows:
644A.360 1. Except as otherwise provided in NRS 644A.365, the Board shall admit to examination as a hair braider each person who has applied to the Board in proper form and paid the fee, and who:
(a) Is not less than 18 years of age.
(b) Is of good moral character.
(c) [Is a citizen of the United States or is lawfully entitled to remain and work in the United States.
(d)] Has successfully completed the 10th grade in school or its equivalent. Testing for equivalency must be pursuant to state or federal requirements.
[(e)] (d) If the person has not practiced hair braiding previously:
(1) Has completed a minimum of 250 hours of training and education as follows:
(I) Fifty hours concerning the laws of Nevada and the regulations of the Board relating to cosmetology;
(II) Seventy-five hours concerning infection control and prevention and sanitation;
κ2019 Statutes of Nevada, Page 4326 (CHAPTER 627, AB 275)κ
(III) Seventy-five hours regarding the health of the scalp and the skin of the human body; and
(IV) Fifty hours of clinical practice; and
(2) Has passed the practical demonstration in hair braiding and written tests described in NRS 644A.370.
[(f)] (e) If the person has practiced hair braiding in this State on a person who is related within the sixth degree of consanguinity without a license and without charging a fee:
(1) Has submitted to the Board a signed affidavit stating that the person has practiced hair braiding for at least 1 year on such a relative; and
(2) Has passed the practical demonstration in hair braiding and written tests described in NRS 644A.370.
2. The application submitted pursuant to subsection 1 must be accompanied by:
(a) Two current photographs of the applicant which are 2 by 2 inches. The name and address of the applicant must be written on the back of each photograph.
(b) A copy of one of the following documents as proof of the age of the applicant:
(1) A drivers license, identification card or permanent resident card issued to the applicant by this State or another state, the District of Columbia, the United States or any territory of the United States or a tribal identification card issued by a tribal government which satisfies the requirements of subsection 3 of NRS 232.006;
(2) The birth certificate of the applicant; or
(3) The current passport issued to the applicant.
Sec. 99. NRS 644A.365 is hereby amended to read as follows:
644A.365 1. The Board shall admit to examination as a hair braider each person who has practiced hair braiding in another state, has applied to the Board in proper form and paid a fee of $200, and who:
(a) Is not less than 18 years of age.
(b) Is of good moral character.
(c) [Is a citizen of the United States or is lawfully entitled to remain and work in the United States.
(d)] Has successfully completed the 10th grade in school or its equivalent. Testing for equivalency must be pursuant to state or federal requirements.
[(e)] (d) If the person has practiced hair braiding in another state in accordance with a license issued in that other state:
(1) Has submitted to the Board proof of the license; and
(2) Has passed the written tests described in NRS 644A.370.
[(f)] (e) If the person has practiced hair braiding in another state without a license and it is legal in that state to practice hair braiding without a license:
(1) Has submitted to the Board a signed affidavit stating that the person has practiced hair braiding for at least 1 year; and
(2) Has passed the practical demonstration in hair braiding and written tests described in NRS 644A.370.
2. The application submitted pursuant to subsection 1 must be accompanied by:
κ2019 Statutes of Nevada, Page 4327 (CHAPTER 627, AB 275)κ
(a) Two current photographs of the applicant which are 2 by 2 inches. The name and address of the applicant must be written on the back of each photograph.
(b) A copy of one of the following documents as proof of the age of the applicant:
(1) A drivers license, identification card or permanent resident card issued to the applicant by this State or another state, the District of Columbia, the United States or any territory of the United States or a tribal identification card issued by a tribal government which satisfies the requirements of subsection 3 of NRS 232.006;
(2) The birth certificate of the applicant; or
(3) The current passport issued to the applicant.
Sec. 100. NRS 644A.370 is hereby amended to read as follows:
644A.370 1. The examination for licensure as a hair braider pursuant to paragraph [(e)] (d) of subsection 1 of NRS 644A.365 must include:
(a) A written test on antisepsis, sterilization and sanitation;
(b) A written test on the laws of Nevada and the regulations of the Board relating to cosmetology; and
(c) Such other tests or examinations as the Board deems necessary.
2. The examination for licensure as a hair braider pursuant to NRS 644A.360 or paragraph [(f)] (e) of subsection 1 of NRS 644A.365 must include:
(a) The written tests and such other tests or examinations described in subsection 1; and
(b) A practical demonstration in hair braiding.
Sec. 101. NRS 644A.375 is hereby amended to read as follows:
644A.375 1. The Board shall admit to examination for a certificate of registration as a shampoo technologist, any person who has applied to the Board in proper form and paid the fee, and who:
(a) Is not less than 16 years of age.
(b) Is of good moral character.
(c) [Is a citizen of the United States or is lawfully entitled to remain and work in the United States.
(d)] Has successfully completed the 10th grade in school or its equivalent.
[(e)] (d) Satisfies at least one of the following:
(1) Training of at least 50 hours in a licensed school of cosmetology as a student of the occupation of a cosmetologist or hair designer;
(2) Training of at least 50 hours in a licensed school of cosmetology in a curriculum prescribed by the Board by regulation;
(3) Training of at least 50 hours which is administered online by the Board in a curriculum prescribed by the Board by regulation; or
(4) Has had practice as a full-time licensed shampoo technologist for 1 year outside this State.
2. The Board may charge a fee of not more than $50 to administer the training described in subparagraph (3) of paragraph [(e)] (d) of subsection 1.
3. A certificate of registration as a shampoo technologist is valid for 2 years after the date on which it is issued and may be renewed by the Board upon good cause shown.
κ2019 Statutes of Nevada, Page 4328 (CHAPTER 627, AB 275)κ
Sec. 102. NRS 644A.385 is hereby amended to read as follows:
644A.385 The Board shall admit to examination for a license as a demonstrator of cosmetics any person who has made application to the Board in proper form, paid the fee and:
1. Is at least 18 years of age;
2. Is of good moral character;
3. [Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
4.] Has completed a course provided by the Board relating to sanitation; and
[5.] 4. Except as otherwise provided in NRS 622.090, has received a score of not less than 75 percent on the examination administered by the Board.
Sec. 103. NRS 644A.395 is hereby amended to read as follows:
644A.395 1. Each makeup artist who engages in the practice of makeup artistry in a licensed cosmetological establishment shall, on or before January 1 of each year, register with the Board on a form prescribed by the Board. The registration must:
(a) Include:
(1) The name, address, electronic mail address and telephone number of the makeup artist; and
(2) The name and license number of each cosmetological establishment in which the makeup artist will be practicing makeup artistry.
(b) Be accompanied by:
(1) A notarized statement indicating that the makeup artist:
(I) Is 18 years of age or older;
(II) Is of good moral character; and
(III) [Is a citizen of the United States or is lawfully entitled to remain and work in the United States; and
(IV)] Has completed at least 2 years of high school; and
(2) Two current photographs of the makeup artist which are 2 by 2 inches.
2. The Board shall charge a fee of not more than $25 for registering a makeup artist pursuant to this section.
3. A makeup artist shall not practice makeup artistry in a licensed cosmetological establishment without first obtaining a certificate of registration.
4. A makeup artist, other than a makeup artist required to be registered pursuant to subsection 1, shall not engage in the practice of makeup artistry in this State unless he or she:
(a) Is 18 years of age or older;
(b) Is of good moral character; and
(c) [Is a citizen of the United States or is lawfully entitled to remain and work in the United States; and
(d)] Has completed at least 2 years of high school.
Sec. 104. NRS 644A.400 is hereby amended to read as follows:
644A.400 The Board shall admit to examination for a license as an electrologist any person who has made application to the Board in the proper form and paid the fee, and who before or on the date set for the examination:
1. Is not less than 18 years of age.
2. Is of good moral character.
κ2019 Statutes of Nevada, Page 4329 (CHAPTER 627, AB 275)κ
3. [Is a citizen of the United States or is lawfully entitled to remain and work in the United States.
4.] Has successfully completed the 12th grade in school or its equivalent.
[5.] 4. Has or has completed any one of the following:
(a) A minimum training of 500 hours under the immediate supervision of an approved electrologist in an approved school in which the practice is taught.
(b) Study of the practice for at least 1,000 hours extending over a period of 5 consecutive months, under an electrologist licensed pursuant to this chapter, in an approved program for electrologists apprentices.
(c) A valid electrologists license issued by a state whose licensing requirements are equal to or greater than those of this State.
(d) Either training or practice, or a combination of training and practice, in electrology outside this State for a period specified by regulations of the Board.
Sec. 105. NRS 644A.460 is hereby amended to read as follows:
644A.460 Except as otherwise provided in NRS 644A.365, upon application to the Board, accompanied by a fee of $200, a person currently licensed in any branch of cosmetology under the laws of another state or territory of the United States or the District of Columbia may, without examination, unless the Board sees fit to require an examination, be granted a license to practice the occupation in which the applicant was previously licensed upon proof satisfactory to the Board that the applicant:
1. Is not less than 18 years of age.
2. Is of good moral character.
3. [Is a citizen of the United States or is lawfully entitled to remain and work in the United States.
4.] Is currently licensed in another state or territory or the District of Columbia.
Sec. 106. NRS 648.110 is hereby amended to read as follows:
648.110 1. Before the Board grants any license, the applicant, including each director and officer of a corporate applicant, must:
(a) Be at least 21 years of age.
(b) [Be a citizen of the United States or lawfully entitled to remain and work in the United States.
(c)] Be of good moral character and temperate habits.
[(d)] (c) Have no conviction of:
(1) A felony relating to the practice for which the applicant wishes to be licensed; or
(2) Any crime involving moral turpitude or the illegal use or possession of a dangerous weapon.
2. Each applicant, or the qualifying agent of a corporate applicant, must:
(a) If an applicant for a private investigators license, have at least 5 years experience as an investigator, or the equivalent thereof, as determined by the Board.
(b) If an applicant for a repossessors license, have at least 5 years experience as a repossessor, or the equivalent thereof, as determined by the Board.
κ2019 Statutes of Nevada, Page 4330 (CHAPTER 627, AB 275)κ
(c) If an applicant for a private patrol officers license, have at least 5 years experience as a private patrol officer, or the equivalent thereof, as determined by the Board.
(d) If an applicant for a process servers license, have at least 2 years experience as a process server, or the equivalent thereof, as determined by the Board.
(e) If an applicant for a dog handlers license, demonstrate to the satisfaction of the Board his or her ability to handle, supply and train watchdogs.
(f) If an applicant for a license as an intern, have:
(1) Received:
(I) A baccalaureate degree from an accredited college or university and have at least 1 years experience in investigation or polygraphic examination satisfactory to the Board;
(II) An associate degree from an accredited college or university and have at least 3 years experience; or
(III) A high school diploma or its equivalent and have at least 5 years experience; and
(2) Satisfactorily completed a basic course of instruction in polygraphic techniques satisfactory to the Board.
(g) If an applicant for a license as a polygraphic examiner:
(1) Meet the requirements contained in paragraph (f);
(2) Have actively conducted polygraphic examinations for at least 2 years;
(3) Have completed successfully at least 250 polygraphic examinations, including at least 100 examinations concerning specific inquiries as distinguished from general examinations for the purpose of screening;
(4) Have completed successfully at least 50 polygraphic examinations, including 10 examinations concerning specific inquiries, during the 12 months immediately before the date of application; and
(5) Have completed successfully at least 24 hours of advanced polygraphic training acceptable to the Board during the 2 years immediately before the date of application.
(h) Meet other requirements as determined by the Board.
3. The Board, when satisfied from recommendations and investigation that the applicant is of good character, competency and integrity, may issue and deliver a license to the applicant entitling the applicant to conduct the business for which he or she is licensed, for the period which ends on July 1 next following the date of issuance.
4. For the purposes of this section, 1 year of experience consists of 2,000 hours of experience.
Sec. 107. NRS 648.1493 is hereby amended to read as follows:
648.1493 1. To obtain a registration, a person must:
(a) Be a natural person;
(b) File a written application for registration with the Board;
(c) Comply with the applicable requirements of this chapter; and
(d) Pay an application fee set by the Board of not more than $135.
2. An application for registration must include:
(a) A fully completed application for registration as an employee;
(b) A passport size photo;
κ2019 Statutes of Nevada, Page 4331 (CHAPTER 627, AB 275)κ
(c) A completed set of fingerprint cards or a receipt for electronically submitted fingerprints of the applicant submitted as required by the Board; and
(d) Any other information or supporting materials required pursuant to the regulations adopted by the Board or by an order of the Board. Such information or supporting materials may include, without limitation, other forms of identification of the person.
3. Except as otherwise provided in this chapter, the Board shall issue a registration to an applicant if:
(a) The application is verified by the Board and complies with the applicable requirements of this chapter; and
(b) The applicant:
(1) Is at least 18 years of age;
(2) [Is a citizen of the United States or lawfully entitled to remain and work in the United States;
(3)] Is of good moral character and temperate habits;
[(4)] (3) Has not been convicted of, or entered a plea of nolo contendere to, a felony or a crime involving moral turpitude or the illegal use or possession of a dangerous weapon;
[(5)] (4) Has not made a false statement of material fact on the application; and
[(6)] (5) Has not violated any provision of this chapter, a regulation adopted pursuant thereto or an order of the Board.
4. Upon the issuance of a registration, a pocket card of such size, design and content as may be determined by the Board will be issued without charge to each registered employee, and will be evidence that the employee is duly registered pursuant to this chapter.
5. A registration issued pursuant to this section and the cards issued pursuant to subsection 4 expire 5 years after the date the registration is issued, unless it is renewed. To renew a registration, the holder of the registration must submit to the Board on or before the date the registration expires:
(a) A fully completed application for renewal of registration as an employee;
(b) A passport size photo;
(c) A completed set of fingerprint cards or a receipt for electronically submitted fingerprints of the applicant submitted as required by the Board;
(d) A renewal fee set by the Board of not more than $135; and
(e) Any other information or supporting materials required pursuant to the regulations adopted by the Board or by an order of the Board. Such information or supporting materials may include, without limitation, other forms of identification of the person.
6. A denial of registration may be appealed to the Board. The Board shall adopt regulations providing for the consideration of such appeals.
Sec. 108. NRS 649.085 is hereby amended to read as follows:
649.085 Every individual applicant, every officer and director of a corporate applicant, and every member of a firm or partnership applicant for a license as a collection agency or collection agent must submit proof satisfactory to the Commissioner that he or she:
1. [Is a citizen of the United States or lawfully entitled to remain and work in the United States.
κ2019 Statutes of Nevada, Page 4332 (CHAPTER 627, AB 275)κ
2.] Has a good reputation for honesty, trustworthiness and integrity and is competent to transact the business of a collection agency in a manner which protects the interests of the general public.
[3.] 2. Has not had a collection agency license suspended or revoked within the 10 years immediately preceding the date of the application.
[4.] 3. Has not been convicted of, or entered a plea of nolo contendere to:
(a) A felony relating to the practice of collection agencies or collection agents; or
(b) Any crime involving fraud, misrepresentation or moral turpitude.
[5.] 4. Has not made a false statement of material fact on the application.
[6.] 5. Will maintain one or more offices in this State or one or more offices in another state for the transaction of the business of his or her collection agency.
[7.] 6. Has established a plan to ensure that his or her collection agency will provide the services of a collection agency adequately and efficiently.
Sec. 109. NRS 649.196 is hereby amended to read as follows:
649.196 1. Each applicant for a managers certificate must submit proof satisfactory to the Commissioner that the applicant:
(a) [Is a citizen of the United States or lawfully entitled to remain and work in the United States.
(b)] Is at least 21 years of age.
[(c)] (b) Has a good reputation for honesty, trustworthiness and integrity and is competent to transact the business of a collection agency in a manner which protects the interests of the general public.
[(d)] (c) Has not committed any of the acts specified in NRS 649.215.
[(e)] (d) Has not had a collection agency license or managers certificate suspended or revoked within the 10 years immediately preceding the date of filing the application.
[(f)] (e) Has not been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude.
[(g)] (f) Has had not less than 2 years full-time experience with a collection agency in the collection of accounts assigned by creditors who were not affiliated with the collection agency except as assignors of accounts. At least 1 year of the 2 years of experience must have been within the 18-month period preceding the date of filing the application.
2. Each applicant must:
(a) Pass the examination or reexamination provided for in NRS 649.205.
(b) Pay the required fees.
(c) Submit, in such form as the Commissioner prescribes:
(1) Three recent photographs; and
(2) Three complete sets of fingerprints which the Commissioner may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
(d) Submit such other information reasonably related to his or her qualifications for the managers certificate as the Commissioner determines to be necessary.
3. The Commissioner may refuse to issue a managers certificate if the applicant does not meet the requirements of subsections 1 and 2.
κ2019 Statutes of Nevada, Page 4333 (CHAPTER 627, AB 275)κ
4. If the Commissioner refuses to issue a managers certificate pursuant to this section, the Commissioner shall notify the applicant in writing by certified mail stating the reasons for the refusal. The applicant may submit a written request for a hearing within 20 days after receiving the notice. If the applicant fails to submit a written request within the prescribed period, the Commissioner shall enter a final order.
5. The Commissioner shall consider an application to be withdrawn if the Commissioner has not received all information and fees required to complete the application within 6 months after the date the application is first submitted to the Commissioner or within such later period as the Commissioner determines in accordance with any existing policies of joint regulatory partners. If an application is deemed to be withdrawn pursuant to this subsection or if an applicant otherwise withdraws an application, the Commissioner may not issue a license to the applicant unless the applicant submits a new application and pays any required fees.
Sec. 110. NRS 654.155 is hereby amended to read as follows:
654.155 Each applicant for licensure as an administrator of a residential facility for groups pursuant to this chapter must:
1. Be at least 21 years of age;
2. [Be a citizen of the United States or lawfully entitled to remain and work in the United States;
3.] Be of good moral character and physically and emotionally capable of administering a residential facility for groups;
[4.] 3. Have satisfactorily completed a course of instruction and training prescribed or approved by the Board or be qualified by reason of the applicants education, training or experience to administer, supervise and manage a residential facility for groups;
[5.] 4. Pass an examination conducted and prescribed by the Board;
[6.] 5. Submit with the application:
(a) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and
(b) A fee to cover the actual cost of obtaining the report from the Federal Bureau of Investigation;
[7.] 6. Comply with such other standards and qualifications as the Board prescribes; and
[8.] 7. Submit all information required to complete the application.
Sec. 111. NRS 656.170 is hereby amended to read as follows:
656.170 1. Examinations must be held not less than twice a year at such times and places as the Board may designate.
2. No natural person may be admitted to the examination unless the natural person first applies to the Board as required by NRS 656.150. The application must include, without limitation, satisfactory evidence to the Board that the applicant has, at the time of filing his or her application:
(a) Satisfied the requirements set forth in subsections 1 to [5,] 4, inclusive, of NRS 656.180;
(b) Received a passing grade on:
(1) The National Court Reporters Associations examination for registered professional reporters; or
(2) The National Verbatim Reporters Associations examination for certified verbatim reporters;
κ2019 Statutes of Nevada, Page 4334 (CHAPTER 627, AB 275)κ
(c) Received one of the following:
(1) A certificate as a registered professional reporter issued to the applicant by the National Court Reporters Association;
(2) A certificate as a registered merit reporter issued to the applicant by the National Court Reporters Association;
(3) A certificate as a certified verbatim reporter issued to the applicant by the National Verbatim Reporters Association; or
(4) A valid certificate or license to practice court reporting issued to the applicant by another state if the requirements for certification or licensure in that state are substantially equivalent to the requirements of this State for obtaining a certificate;
(d) Either:
(1) At least 1 year of continuous experience within the 5 years immediately preceding the application, in the practice of court reporting or producing verbatim records of meetings and conferences by the use of voice writing or any system of manual or mechanical shorthand writing and transcribing those records; or
(2) Obtained in the 12 months immediately preceding the application, a certificate of satisfactory completion of a prescribed course of study from a court reporting program that, as determined by the Board, evidences a proficiency substantially equivalent to subparagraph (1); and
(e) Paid the fee for filing an application for an examination set forth in NRS 656.220.
3. As used in this section, practice of court reporting includes reporting by use of voice writing or any system of manual or mechanical shorthand writing, regardless of the state in which the reporting took place.
Sec. 112. NRS 656.180 is hereby amended to read as follows:
656.180 An applicant for a certificate of registration as a certified court reporter is entitled to a certificate if the applicant:
1. [Is a citizen of the United States or lawfully entitled to remain and work in the United States;
2.] Is at least 18 years of age;
[3.] 2. Is of good moral character;
[4.] 3. Has not been convicted of a felony relating to the practice of court reporting;
[5.] 4. Has a high school education or its equivalent;
[6.] 5. Satisfactorily passes:
(a) An examination administered by the Board pursuant to NRS 656.160; and
(b) One of the examinations described in paragraph (b) of subsection 2 of NRS 656.170;
[7.] 6. Pays the requisite fees; and
[8.] 7. Submits all information required to complete an application for a certificate of registration.
Sec. 113. Chapter 119A of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Administrator or the Division, as applicable, shall not deny the application of a person for a sales agents license pursuant to NRS 119A.210, a registration as a representative pursuant to NRS 119A.240 or a registration as a manager of a project pursuant to NRS 119A.532 based solely on his or her immigration or citizenship status.
κ2019 Statutes of Nevada, Page 4335 (CHAPTER 627, AB 275)κ
2. Notwithstanding the provisions of NRS 119A.210, 119A.240 and 119A.532, an applicant for a sales agents license or a registration as a representative or a manager of a project who does not have a social security number must provide an alternative personally identifying number, including, without limitation, his or her individual taxpayer identification number, when completing an application.
3. The Administrator or the Division, as applicable, shall not disclose to any person who is not employed by the Administrator or the Division the social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, of an applicant for a license for any purpose except:
(a) Tax purposes;
(b) Licensing purposes; and
(c) Enforcement of an order for the payment of child support.
4. A social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, provided to the Administrator or the Division, as applicable, is confidential and is not a public record for the purposes of chapter 239 of NRS.
Sec. 113.5. 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.
κ2019 Statutes of Nevada, Page 4336 (CHAPTER 627, AB 275)κ
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, sections 3, 113, 116, 117, 120 to 122, inclusive, 125, 129, 132 and 138 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 4337 (CHAPTER 627, AB 275)κ
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. 114. Chapter 240 of NRS is hereby amended by adding thereto a new section to read as follows:
The Secretary of State shall not collect the social security number or an alternative personally identifying number, including, without limitation, an individual taxpayer identification number, from a notary public or an applicant for appointment as a notary public.
Sec. 115. NRS 240.015 is hereby amended to read as follows:
240.015 1. Except as otherwise provided in this section, a person appointed as a notary public must:
(a) [During the period of his or her appointment, be a citizen of the United States or lawfully admitted for permanent residency in the United States as verified by the United States Citizenship and Immigration Services.
(b)] Be a resident of this State.
[(c)] (b) Be at least 18 years of age.
[(d)] (c) Possess his or her civil rights.
[(e)] (d) Have completed a course of study pursuant to NRS 240.018.
2. [If a person appointed as a notary public ceases to be lawfully admitted for permanent residency in the United States during his or her appointment, the person shall, within 90 days after his or her lawful admission has expired or is otherwise terminated, submit to the Secretary of State evidence that the person is lawfully readmitted for permanent residency as verified by the United States Citizenship and Immigration Services. If the person fails to submit such evidence within the prescribed time, the persons appointment expires by operation of law.
3.] The Secretary of State may appoint a person who resides in an adjoining state as a notary public if the person:
(a) Maintains a place of business in the State of Nevada that is registered pursuant to chapter 76 of NRS and any applicable business licensing requirements of the local government where the business is located; or
(b) Is regularly employed at an office, business or facility located within the State of Nevada by an employer registered to do business in this State.
Κ If such a person ceases to maintain a place of business in this State or regular employment at an office, business or facility located within this State, the Secretary of State may suspend the persons appointment. The Secretary of State may reinstate an appointment suspended pursuant to this subsection if the notary public submits to the Secretary of State, before his or her term of appointment as a notary public expires, the information required pursuant to subsection 2 of NRS 240.030.
κ2019 Statutes of Nevada, Page 4338 (CHAPTER 627, AB 275)κ
Sec. 116. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The city council or other governing body of a city in the State of Nevada shall not deny the application of a person for a license, permit or certificate to practice a profession or occupation pursuant to NRS 266.355 or 268.0887 based solely on his or her immigration or citizenship status.
2. Notwithstanding the provisions of NRS 266.368 or any municipal ordinance, an applicant for a license, permit or certificate to practice a profession or occupation pursuant to NRS 266.355 or 268.0887 who does not have a social security number must provide an alternative personally identifying number, including, without limitation, his or her individual taxpayer identification number, when completing an application for a license, permit or certificate.
3. The city council or other governing body of a city in the State of Nevada shall not disclose to any person who is not employed by the city council or other governing body the social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, of an applicant for a license for any purpose except:
(a) Tax purposes;
(b) Licensing purposes; and
(c) Enforcement of an order for the payment of child support.
4. A social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, provided to the city council or other governing body in the State of Nevada is confidential and is not a public record for the purposes of chapter 239 of NRS.
Sec. 117. Chapter 269 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A town board or board of county commissioners shall not deny the application of a person for a license, permit or certificate to practice a profession or occupation pursuant to NRS 269.170 based solely on his or her immigration or citizenship status.
2. Notwithstanding the provisions of NRS 269.173, an applicant for a license, permit or certificate to practice a profession or occupation pursuant to NRS 269.170 who does not have a social security number must provide an alternative personally identifying number, including, without limitation, his or her individual taxpayer identification number, when completing an application for a license, permit or certificate.
3. The town board or board of county commissioners shall not disclose to any person who is not employed by the town board or board of county commissioners the social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, of an applicant for a license for any purpose except:
(a) Tax purposes;
(b) Licensing purposes; and
(c) Enforcement of an order for the payment of child support.
4. A social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, provided to the town board or board of county commissioners is confidential and is not a public record for the purposes of chapter 239 of NRS.
κ2019 Statutes of Nevada, Page 4339 (CHAPTER 627, AB 275)κ
Secs. 118 and 119. (Deleted by amendment.)
Sec. 120. Chapter 361 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Department shall not deny the application of a person for a certificate as an appraiser pursuant to NRS 361.221 based solely his or her immigration or citizenship status.
2. Notwithstanding the provisions of NRS 361.2224, an applicant for a certificate as an appraiser who does not have a social security number must provide an alternative personally identifying number, including, without limitation, his or her individual taxpayer identification number, when completing an application for a certificate as an appraiser.
3. The Department shall not disclose to any person who is not employed by the Department the social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, of an applicant for a license for any purpose except:
(a) Tax purposes;
(b) Licensing purposes; and
(c) Enforcement of an order for the payment of child support.
4. A social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, provided to the Department is confidential and is not a public record for the purposes of chapter 239 of NRS.
Sec. 121. Chapter 379 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The State Library, Archives and Public Records Administrator shall not deny the application of a person for certification by the State Library, Archives and Public Records Administrator pursuant to the regulations adopted pursuant to NRS 379.0073 based solely on his or her immigration or citizenship status.
2. Notwithstanding the provisions of NRS 379.0077, an applicant for certification by the State Library, Archives and Public Records Administrator who does not have a social security number must provide an alternative personally identifying number, including, without limitation, his or her individual taxpayer identification number, when completing an application for a certification.
3. The State Library, Archives and Public Records Administrator shall not disclose to any person who is not employed by the State Library, Archives and Public Records Administrator the social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, of an applicant for a license for any purpose except:
(a) Tax purposes;
(b) Licensing purposes; and
(c) Enforcement of an order for the payment of child support.
4. A social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, provided to the State Library, Archives and Public Records Administrator is confidential and is not a public record for the purposes of chapter 239 of NRS.
κ2019 Statutes of Nevada, Page 4340 (CHAPTER 627, AB 275)κ
Sec. 122. Chapter 391 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Superintendent of Public Instruction shall not deny the application of a person for a license as a teacher or educational personnel pursuant to NRS 391.033 based solely on his or her immigration or citizenship status.
2. Notwithstanding the provisions of NRS 391.033, an applicant for a license as a teacher or educational personnel who does not have a social security number must provide an alternative personally identifying number, including, without limitation, his or her individual taxpayer identification number, when completing an application for a license as a teacher or educational personnel.
3. The Superintendent of Public Instruction shall not disclose to any person who is not employed by the Superintendent of Public Instruction the social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, of an applicant for a license for any purpose except:
(a) Tax purposes;
(b) Licensing purposes; and
(c) Enforcement of an order for the payment of child support.
4. A social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, provided to the Superintendent of Public Instruction is confidential and is not a public record for the purposes of chapter 239 of NRS.
Sec. 123. NRS 391.060 is hereby amended to read as follows:
391.060 1. [Except as otherwise provided in this section and NRS 391.070, it is unlawful for:
(a) The Superintendent of Public Instruction to issue a license to, or a board of trustees of a school district or a governing body of a charter school to employ, any teacher, instructor, principal or superintendent of schools who is not a citizen of the United States or a person who has filed a valid declaration to become a citizen or valid petition for naturalization, or who is not a lawful permanent resident of the United States.
(b) The State Controller or any county auditor to issue any warrant to any teacher, instructor, principal or superintendent of schools who is not a citizen of the United States or a person who has filed a valid declaration to become a citizen or valid petition for naturalization, or who is not a lawful permanent resident of the United States.
2. Upon the request of a school district or the governing body of the charter school, as applicable, the Superintendent of Public Instruction may issue a license to a person who does not meet the requirements of subsection 1 but is otherwise entitled to work in the United States pursuant to federal laws and regulations if:
(a) The school district or the governing body of the charter school, as applicable, has demonstrated to the satisfaction of the Superintendent of Public Instruction that:
(1) A shortage of teachers exists; or
(2) The school district or governing body of the charter school, as applicable, has not been able to employ a person possessing the skills, experience or abilities of the person to be licensed and such skills, experience or abilities are needed to address an area of concern for the school district or charter school;
κ2019 Statutes of Nevada, Page 4341 (CHAPTER 627, AB 275)κ
experience or abilities of the person to be licensed and such skills, experience or abilities are needed to address an area of concern for the school district or charter school;
(b) The person is otherwise qualified to teach, except that the person does not meet the requirements of subsection 1; and
(c) The school district or governing body of the charter school, as applicable, agrees to employ the person.
3. If the employment of a person to whom a license is issued pursuant to subsection 2 is terminated, the school district or governing body of the charter school, as applicable, must notify the Superintendent of Public Instruction within 5 business days.
4. A license issued by the Superintendent of Public Instruction pursuant to subsection 2:
(a) Automatically expires on the date that the licensee is no longer entitled to work in the United States pursuant to federal laws and regulations; and
(b) Authorizes the person who holds the license to teach only in the:
(1) School district or charter school that submitted the request for the issuance of the license to that person; and
(2) Subject area for which the person is qualified.
5.] Upon compliance with all applicable federal laws , [and] regulations [,] and internal policies or programs of a federal agency or department, the board of trustees of a school district or the governing body of a charter school may employ a person who [does not meet the requirements of subsection 1] has the legal right to work in the United States pursuant to any such federal law, regulation or internal policy or program of a federal agency or department if the person holds a license issued by the Superintendent of Public Instruction . [pursuant to subsection 2. A] If a teacher who has the legal right to work in the United States which expires on a certain date pursuant to any federal law, regulation or internal policy or program of a federal agency or department, the teachers employment with a school district or the governing body of a charter school, as applicable, [pursuant to this subsection] automatically expires on the date that he or she is no longer entitled to work in the United States pursuant to federal laws , [and] regulations [.
6.] or internal policies or programs of a federal agency or department.
2. The State Controller or a county auditor may issue a warrant to a teacher who is employed pursuant to subsection [5.] 1.
[7.] 3. Any person who violates any of the provisions of this section is guilty of a misdemeanor.
Sec. 124. NRS 391.080 is hereby amended to read as follows:
391.080 1. Each teacher or other licensed employee employed in this state whose compensation is payable out of public money, except teachers employed pursuant to the provisions of subsection [5] 1 of NRS 391.060 or NRS 391.070, must take and subscribe to the constitutional oath of office before entering upon the discharge of his or her duties.
2. The oath of office, when taken and subscribed, must be filed with the Department.
3. The Superintendent of Public Instruction, the deputy superintendents and other members of the professional staff of the Department designated by the Superintendent, members of boards of trustees of school districts, superintendents of schools, principals of schools and notaries public may administer the oath of office to teachers and other licensed employees.
κ2019 Statutes of Nevada, Page 4342 (CHAPTER 627, AB 275)κ
superintendents of schools, principals of schools and notaries public may administer the oath of office to teachers and other licensed employees.
Sec. 125. Chapter 437 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Division shall not deny the application of a person for a license as a behavior analyst or assistant behavior analyst, a certificate as a state certified behavior interventionist or registration as a behavior technician pursuant to NRS 437.200 based solely on his or her immigration or citizenship status.
2. Notwithstanding the provisions of NRS 437.210, an applicant for a license as a behavior analyst or assistant behavior analyst, a certificate as a state certified behavior interventionist or registration as a behavior technician who does not have a social security number must provide an alternative personally identifying number, including, without limitation, his or her individual taxpayer identification number, when completing an application for a license as a behavior analyst or assistant behavior analyst, a certificate as a state certified behavior interventionist or registration as a behavior technician.
3. The Division shall not disclose to any person who is not employed by the Division the social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, of an applicant for a license for any purpose except:
(a) Tax purposes;
(b) Licensing purposes; and
(c) Enforcement of an order for the payment of child support.
4. A social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, provided to the Division is confidential and is not a public record for the purposes of chapter 239 of NRS.
Sec. 126. 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 that the applicant:
(a) Is of good moral character as determined by the Division.
(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 that the applicant:
(a) Is of good moral character as determined by the Division.
(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,
κ2019 Statutes of Nevada, Page 4343 (CHAPTER 627, AB 275)κ
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. Except as otherwise provided in NRS 437.215 and 437.220, within 120 days after receiving an application and the accompanying evidence from an applicant, the Division 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.
6. If the Division 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 must include a detailed explanation of the reasons for that determination.
Sec. 127. NRS 437.215 is hereby amended to read as follows:
437.215 1. The Division 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:
(a) Proof satisfactory to the Division 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)] (3) 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 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 an application for a license by endorsement as a behavior analyst pursuant to this section, the Division shall provide written notice to the applicant of any additional information required by the Division to consider the application. Unless the Division denies the application for good cause, the Division shall approve the application and issue a license by endorsement as a behavior analyst to the applicant not later than:
κ2019 Statutes of Nevada, Page 4344 (CHAPTER 627, AB 275)κ
(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. 128. NRS 437.220 is hereby amended to read as follows:
437.220 1. The Division 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 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)] (3) 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 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 an application for a license by endorsement as a behavior analyst pursuant to this section, the Division shall provide written notice to the applicant of any additional information required by the Division to consider the application. Unless the Division denies the application for good cause, the Division 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 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 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.
κ2019 Statutes of Nevada, Page 4345 (CHAPTER 627, AB 275)κ
Sec. 129. Chapter 445B of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Department of Motor Vehicles shall not deny the application of a person for a license to inspect, repair, adjust or install devices for the control of emissions of motor vehicles pursuant to the regulations adopted pursuant to NRS 445B.775 based solely on his or her immigration or citizenship status.
2. Notwithstanding the provisions of NRS 445B.776, an applicant for a license to inspect, repair, adjust or install devices for the control of emissions of motor vehicles who does not have a social security number must provide an alternative personally identifying number, including, without limitation, his or her individual taxpayer identification number, when completing an application for a license to inspect, repair, adjust or install devices for the control of emissions of motor vehicles.
3. The Department of Motor Vehicles shall not disclose to any person who is not employed by the Department of Motor Vehicles the social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, of an applicant for a license for any purpose except:
(a) Tax purposes;
(b) Licensing purposes; and
(c) Enforcement of an order for the payment of child support.
4. A social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, provided to the Department of Motor Vehicles is confidential and is not a public record for the purposes of chapter 239 of NRS.
Sec. 130. NRS 445B.790 is hereby amended to read as follows:
445B.790 1. The Department of Motor Vehicles shall, by regulation, establish procedures for inspecting authorized inspection stations, authorized stations and fleet stations, and may require the holder of a license for an authorized inspection station, authorized station or fleet station to submit any material or document which is used in the program to control emissions from motor vehicles.
2. The Department may deny, suspend or revoke the license of an approved inspector, authorized inspection station, authorized station or fleet station if:
(a) The approved inspector or the holder of a license for an authorized inspection station, authorized station or fleet station is not complying with the provisions of NRS 445B.700 to 445B.815, inclusive [.] , and section 129 of this act.
(b) The holder of a license for an authorized inspection station, authorized station or fleet station refuses to furnish the Department with the requested material or document.
(c) The approved inspector has issued a fraudulent certificate of compliance, whether intentionally or negligently. A fraudulent certificate includes, but is not limited to:
(1) A backdated certificate;
(2) A postdated certificate; and
(3) A certificate issued without an inspection.
(d) The approved inspector does not follow the prescribed test procedure.
κ2019 Statutes of Nevada, Page 4346 (CHAPTER 627, AB 275)κ
Sec. 131. NRS 445B.845 is hereby amended to read as follows:
445B.845 1. A violation of any provision of NRS 445B.700 to 445B.845, inclusive, and section 129 of this act relating to motor vehicles, or any regulation adopted pursuant thereto relating to motor vehicles, is a misdemeanor. The provisions of NRS 445B.700 to 445B.845, inclusive, and section 129 of this act, or any regulation adopted pursuant thereto, must be enforced by any peace officer.
2. Satisfactory evidence that the motor vehicle or its equipment conforms to those provisions or regulations, when supplied by the owner of the motor vehicle to the Department of Motor Vehicles within 10 days after the issuance of a citation pursuant to subsection 1, may be accepted by the court as a complete or partial mitigation of the offense.
Sec. 132. Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Division shall not deny the application of a person for a certificate to operate an intermediary service organization pursuant to NRS 449.4311 based solely on his or her immigration status.
2. Notwithstanding the provisions of NRS 449.4312, an applicant for a certificate to operate an intermediary service organization who does not have a social security number must provide an alternative personally identifying number, including, without limitation, his or her individual taxpayer identification number, when completing an application for a certificate to operate an intermediary service organization.
3. The Division shall not disclose to any person who is not employed by the Division the social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, of an applicant for a license for any purpose except:
(a) Tax purposes;
(b) Licensing purposes; and
(c) Enforcement of an order for the payment of child support.
4. A social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, provided to the Division is confidential and is not a public record for the purposes of chapter 239 of NRS.
Sec. 133. NRS 449.4304 is hereby amended to read as follows:
449.4304 As used in NRS 449.4304 to 449.4339, inclusive, and section 132 of this act, unless the context otherwise requires, intermediary service organization means a nongovernmental entity that provides services authorized pursuant to NRS 449.4308 for a person with a disability or other responsible person.
Sec. 134. NRS 449.431 is hereby amended to read as follows:
449.431 1. Except as otherwise provided in subsection 2, a person shall not operate or maintain in this State an intermediary service organization without first obtaining a certificate to operate an intermediary service organization as provided in NRS 449.4304 to 449.4339, inclusive [.] , and section 132 of this act.
2. A person who is licensed to operate an agency to provide personal care services in the home pursuant to this chapter is not required to obtain a certificate to operate an intermediary service organization as described in this section.
3. A person who violates the provisions of this section is guilty of a misdemeanor.
κ2019 Statutes of Nevada, Page 4347 (CHAPTER 627, AB 275)κ
Sec. 135. NRS 449.4321 is hereby amended to read as follows:
449.4321 The Division may deny an application for a certificate to operate an intermediary service organization or may suspend or revoke any certificate issued under the provisions of NRS 449.4304 to 449.4339, inclusive, and section 132 of this act upon any of the following grounds:
1. Violation by the applicant or the holder of a certificate of any of the provisions of NRS 449.4304 to 449.4339, inclusive, and section 132 of this act or of any other law of this State or of the standards, rules and regulations adopted thereunder.
2. Aiding, abetting or permitting the commission of any illegal act.
3. Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the operation of an intermediary service organization.
4. Conduct or practice detrimental to the health or safety of a person under contract with or employees of the intermediary service organization.
Sec. 136. NRS 449.4335 is hereby amended to read as follows:
449.4335 1. If an intermediary service organization violates any provision related to its certification, including, without limitation, any provision of NRS 449.4304 to 449.4339, inclusive, and section 132 of this act or any condition, standard or regulation adopted by the Board, the Division, in accordance with the regulations adopted pursuant to NRS 449.4336, may, as it deems appropriate:
(a) Prohibit the intermediary service organization from providing services pursuant to NRS 449.4308 until it determines that the intermediary service organization has corrected the violation;
(b) Impose an administrative penalty of not more than $1,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum; and
(c) Appoint temporary management to oversee the operation of the intermediary service organization and to ensure the health and safety of the persons for whom the intermediary service organization performs services, until:
(1) It determines that the intermediary service organization 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 intermediary service organization fails to pay any administrative penalty imposed pursuant to paragraph (b) of subsection 1, the Division may:
(a) Suspend the certificate to operate an intermediary service organization which is held by the intermediary service organization 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 intermediary service organization that violates any provision of NRS 449.4304 to 449.4339, inclusive, and section 132 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 this section must be accounted for separately and used to protect the health or property of the persons for whom the intermediary service organization performs services in accordance with applicable federal standards.
κ2019 Statutes of Nevada, Page 4348 (CHAPTER 627, AB 275)κ
property of the persons for whom the intermediary service organization performs services in accordance with applicable federal standards.
Sec. 137. NRS 449.4338 is hereby amended to read as follows:
449.4338 1. Except as otherwise provided in subsection 2 of NRS 449.431, the Division may bring an action in the name of the State to enjoin any person from operating or maintaining an intermediary service organization within the meaning of NRS 449.4304 to 449.4339, inclusive [:] , and section 132 of this act:
(a) Without first obtaining a certificate to operate an intermediary service organization; or
(b) After the persons certificate has been revoked or suspended by the Division.
2. It is sufficient in such action to allege that the defendant did, on a certain date and in a certain place, operate and maintain the intermediary service organization without a certificate.
Sec. 138. Chapter 450B of NRS is hereby amended by adding thereto a new section to read as follows:
1. The health authority shall not deny the application of a person for a license or certificate pursuant to NRS 450B.160 or 450B.180 based solely on his or her immigration status.
2. Notwithstanding the provisions of NRS 450B.187, an applicant for a license or certificate pursuant to NRS 450B.160 or 450B.180 who does not have a social security number must provide an alternative personally identifying number, including, without limitation, his or her individual taxpayer identification number, when completing an application.
3. The health authority shall not disclose to any person who is not employed by the health authority the social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, of an applicant for a license for any purpose except:
(a) Tax purposes;
(b) Licensing purposes; and
(c) Enforcement of an order for the payment of child support.
4. A social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, provided to the health authority is confidential and is not a public record for the purposes of chapter 239 of NRS.
Sec. 139. This act becomes effective upon passage and approval for the purpose of adopting regulations and performing any preliminary administrative tasks that are necessary to carry out the provisions of this act, and on July 1, 2019, for all other purposes.
________
κ2019 Statutes of Nevada, Page 4349κ
Assembly Bill No. 336Assemblyman Flores
CHAPTER 628
[Approved: June 14, 2019]
AN ACT relating to victims of crime; establishing provisions relating to certain victims of crime who petition for certain temporary federal immigration benefits; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing federal law establishes the U nonimmigrant status, or U visa, to provide temporary immigration benefits for victims of certain crimes who have suffered mental or physical abuse and who are helpful to law enforcement in the investigation or prosecution of criminal activity. Existing federal law requires the petitioner of a U visa to submit several documents, including a Form I-918, Supplement B, U Nonimmigrant Status Certification. Existing federal law authorizes a certifying official to complete and sign the petitioners Form I-918, Supplement B, if the official determines that the petitioner was the victim of certain criminal activity and that the victim was helpful, is being helpful or is likely to be helpful to the investigation or prosecution of criminal activity. (8 U.S.C. §§ 1101(a)(15)(U), 1184(p))
Section 8 of this bill authorizes the petitioner of a U visa to request, from a certifying agency, the certification of his or her Form I-918, Supplement B. If a certifying agency receives such a request, section 8 requires the certifying agency to determine whether the petitioner was the victim of applicable criminal activity and was helpful, is being helpful or is likely to be helpful to the investigation or prosecution of that criminal activity. Section 8 then requires a certifying official from the certifying agency to: (1) complete and sign the Form I-918, Supplement B; and (2) include specific details concerning the nature of the criminal activity and the helpfulness of the petitioner.
Section 8 also provides a rebuttable presumption of the petitioners helpfulness, unless the petitioner refused or failed to aid law enforcement in the investigation or prosecution of the criminal activity. Further, when determining whether the petitioner meets the requirements of the Form I-918, Supplement B, section 8 prohibits a certifying agency from considering the period of time between when the petitioner was victimized by the criminal activity and when the petitioner requested certification or whether there is an active criminal investigation, the filing of charges or a prosecution or conviction of the criminal activity.
Section 9 of this bill requires a certifying agency to process the certification of the Form I-918, Supplement B, within 90 days after the date of the petitioners request, unless the petitioner is 20 years of age or in the process of being deported, in which case the request must be processed within 14 days.
Section 10 of this bill prohibits a certifying agency from withdrawing the certification of the Form I-918, Supplement B, unless the petitioner refuses or fails to assist a law enforcement agency in the prosecution or investigation of the criminal activity. Section 10 also prohibits a certifying agency from disclosing the immigration status of a petitioner unless the certifying agency is required to do so because of federal law or a court order or the petitioner consents, in writing, to such a disclosure. Section 10 does not relieve a prosecutor or law enforcement officer from his or her duty to disclose exculpatory evidence to a defendant in a criminal case.
Section 10 also requires certifying agencies to develop a protocol to help petitioners who have a limited proficiency in the English language or who are deaf, hard of hearing or speech impaired in the certification process. Section 10 also requires each certifying agency that receives a request for certification to submit an annual report to the Legislature concerning certain statistics related to the certification process.
κ2019 Statutes of Nevada, Page 4350 (CHAPTER 628, AB 336)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 217 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. As used in sections 2 to 10, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Certification means the certification of a Form I-918, Supplement B, U Nonimmigrant Status Certification, as required by 8 U.S.C. § 1184(p) regarding a Form I-918, Petition for U Nonimmigrant Status by a certifying agency.
Sec. 4. Certifying agency means:
1. A state or local law enforcement agency;
2. A prosecutor;
3. A judge; or
4. Any other governmental agency that has criminal, civil or administrative investigative or prosecutorial authority.
Sec. 5. Certifying official means:
1. The head of a certifying agency; or
2. A person who has been designated by the head of a certifying agency to complete a certification.
Sec. 6. Criminal activity means an offense for which the elements are substantially similar to an offense described in 8 U.S.C. § 1101(a)(15)(U)(iii) or the attempt, solicitation or conspiracy to commit such an offense.
Sec. 7. Petitioner means a person who requests a certification.
Sec. 8. 1. Upon the request of a petitioner for a certification, a certifying agency shall determine whether the petitioner:
(a) Was the victim of criminal activity; and
(b) Has been helpful, is being helpful or is likely to be helpful to the investigation or prosecution of the criminal activity.
2. If a certifying agency determines that a petitioner satisfies the requirements of subsection 1, the certifying official shall complete and sign the certification. A completed certification must include, without limitation, a detailed description of:
(a) The nature of the criminal activity described in subsection 1; and
(b) The helpfulness of a petitioner or the likeliness that a petitioner will be helpful in the investigation or prosecution of that criminal activity.
3. For the purpose of determining whether the petitioner meets the requirements of subsection 1, the certifying agency shall not consider:
(a) The period of time between when the petitioner was victimized by the criminal activity and when the petitioner submitted his or her request for certification;
(b) Whether there is an active investigation of the criminal activity;
(c) Whether a formal statement of charges has been filed regarding the alleged criminal activity; or
(d) Whether there was a prosecution or conviction of the criminal activity.
κ2019 Statutes of Nevada, Page 4351 (CHAPTER 628, AB 336)κ
4. For the purpose of determining helpfulness pursuant to subsection 1, there is a rebuttable presumption that a petitioner has been helpful, is being helpful or is likely to be helpful to the investigation or prosecution of the criminal activity, unless the petitioner refused or failed to provide assistance that was reasonably requested by a law enforcement agency in the investigation or prosecution of that criminal activity.
Sec. 9. A certifying agency shall process a request for a certification within 90 days after the date of the request pursuant to section 8 of this act, unless the petitioner is 20 years of age or a party to a federal immigration proceeding for his or her removal, in which case the certifying agency shall process the certification within 14 days after the date of the request.
Sec. 10. 1. A certifying agency shall not:
(a) Disclose the immigration status of a petitioner unless such a disclosure is mandated by federal law or court order or the petitioner consents, in writing, to such a disclosure.
(b) Withdraw a certification unless the petitioner refuses to provide assistance that was reasonably requested by a law enforcement agency in the investigation or prosecution of the criminal activity described in section 8 of this act.
2. A certifying agency shall develop a protocol to assist petitioners:
(a) Who have a limited proficiency in the English language.
(b) Who are deaf, hard of hearing or speech impaired.
3. On or before January 1 of each year, each certifying agency that receives a request for a certification pursuant to section 8 of this act shall submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature that sets forth:
(a) The number of such requests received by the certifying agency;
(b) The number of certifications completed by the certifying agency;
(c) The number of certifications denied by the certifying agency; and
(d) For each denial of a certification by the certifying agency, the reasons for that denial.
4. Nothing in this section shall be construed to relieve any obligation placed upon a prosecuting attorney or law enforcement official by the Nevada Constitution or the United States Constitution to disclose exculpatory evidence to a defendant.
Sec. 11. 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. 12. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 4352κ
Assembly Bill No. 219Assemblymen Torres, Flores; Assefa, Carrillo, Daly, Duran, Fumo, Gorelow, Jauregui, Martinez, McCurdy, Munk, Nguyen, Peters and Watts
CHAPTER 629
[Approved: June 14, 2019]
AN ACT relating to education; revising provisions governing the reporting of certain information concerning the achievement of pupils who are English learners pursuant to the statewide system of accountability for public schools; requiring the principals of certain public schools that demonstrate low achievement for pupils who are English learners to develop a corrective action plan; authorizing a pupil who is an English learner to enroll in a public high school outside the zone of attendance in which the pupil resides under certain circumstances; requiring the adoption of a plan to ensure that a policy of instruction to teach English to pupils who are English learners achieves certain objectives; revising eligible teaching programs for which the Teach Nevada Scholarship Program awards scholarships; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the boards of trustees of school districts, the sponsors of charter schools and the State Board of Education to prepare and publicly disseminate annual reports of accountability for the quality of schools and the educational achievement of pupils. (NRS 385A.070) Existing law requires the State Board to: (1) prescribe criterion-referenced examinations to measure the achievement and proficiency of pupils; and (2) select a college and career readiness assessment for pupils who are enrolled in grade 11 in public high schools. (NRS 390.105, 390.610) Existing law requires the annual reports of accountability to include a comparison of the performance of pupils who are English learners and pupils who are proficient in the English language on the criterion-referenced examinations and the college and career readiness assessment. (NRS 385A.280, 385A.490) Sections 1 and 1.1 of this bill require such data to be reported separately according to subject area, the length of time that pupils who are English learners have been learning the English language and any identified trends in the performance of pupils in middle school, junior high school and high school who are English learners over the immediately preceding 3 years. Section 1 requires the board of trustees of each school district and the governing body of each charter school to publish and submit to the Department of Education and the Legislature a report of certain information concerning the achievement of pupils who are English learners on or before October 1 of each year. Sections 1.6 and 1.8 of this bill require the Department of Education to ensure the availability of authorized supports to pupils who are English learners on the criterion-referenced examinations and the college and career readiness assessment.
Section 1.2 of this bill requires the principals of certain schools that demonstrate low achievement for pupils who are English learners to establish a corrective action plan. Sections 1.2 and 1.3 of this bill authorize a pupil who is an English learner and attends a high school that has adopted a corrective action plan to enroll in a public school outside the zone of attendance in which the pupil resides if: (1) the pupil wishes to transfer because the school demonstrates low levels of achievement for pupils who are English learners or because of the adoption of the corrective action plan; and (2) the public school that the pupil wishes to attend has adequate capacity after enrolling all pupils who reside in the zone of attendance of the school and wish to attend the school.
κ2019 Statutes of Nevada, Page 4353 (CHAPTER 629, AB 219)κ
Existing law requires each board of trustees of a school district to develop a policy of instruction to teach English to pupils who are English learners and sets forth the requirements for the policy. Such a policy is required to be designed to eliminate gaps in achievement between pupils who are English learners and pupils who are proficient in English. (NRS 388.407) Section 1.4 of this bill requires the board of trustees of a school district to adopt a plan to ensure that the policy achieves those objectives.
Under existing law, the Teach Nevada Scholarship Program provides scholarships to students pursuing a teaching degree at a university, college or other provider of an alternative licensure program that offers an eligible teaching program. Such eligible teaching programs include a program to: (1) make a student eligible to obtain a license to teach kindergarten, any grade from grades 1 through 12 or in the subject area of special education in this State; or (2) specialize in the subject area of early childhood education. (NRS 391A.580) Section 2 of this bill also requires as a condition to receiving a Teach Nevada Scholarship that a student agree to complete the requirements to obtain an endorsement to teach: (1) English as a second language; or (2) special education.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 385A.280 is hereby amended to read as follows:
385A.280 1. The annual report of accountability prepared pursuant to NRS 385A.070 must include, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district, information regarding the progression of pupils who are English learners in attaining proficiency in the English language, including, without limitation:
[1.] (a) The number and percentage of pupils who were identified as English learners at the beginning of the school year, were continually enrolled throughout the school year and were identified as proficient in English by the completion of the school year;
[2.] (b) The achievement and proficiency of pupils who are English learners in comparison to the pupils who are proficient in English;
[3.] (c) A comparison of pupils who are English learners and pupils who are proficient in the English language in the following areas:
[(a)] (1) Retention rates;
[(b)] (2) Graduation rates;
[(c)] (3) Dropout rates;
[(d)] (4) Grade point averages; and
[(e)] (5) Scores on the examinations administered pursuant to NRS 390.105 and the college and career readiness assessment administered pursuant to NRS 390.610; and
[4.] (d) Results of the assessments and reassessments of pupils who are English learners, reported separately by the primary language of the pupils, pursuant to the policy developed by the board of trustees of the school district pursuant to NRS 388.407.
2. The data reported pursuant to subparagraph (5) of paragraph (c) of subsection 1 must be reported separately:
(a) According to subject matter areas measured using the examinations administered pursuant to NRS 390.105 and the college and career readiness assessment administered pursuant to NRS 390.160;
κ2019 Statutes of Nevada, Page 4354 (CHAPTER 629, AB 219)κ
(b) For pupils who are newcomers to the English language, pupils who are short-term English learners and pupils who are long-term English learners, as designated by regulation of the State Board; and
(c) For middle schools, junior high schools and high schools, according to any identified trends in the proficiency in the English language of pupils who are English learners over the immediately preceding 3 years.
3. In addition to including the information prescribed by this section in the annual report of accountability prepared pursuant to NRS 385A.070, the board of trustees of each school district and the governing body of each charter school shall, on or before October 1 of each year:
(a) Submit a report of the information prescribed by this section to the Department of Education and the Director of the Legislative Counsel Bureau for transmittal to:
(1) In odd-numbered years, the Legislative Committee on Education; and
(2) In even-numbered years, the next regular session of the Legislature; and
(b) Post the report on an Internet website maintained by the school district or charter school, as applicable.
Sec. 1.1. NRS 385A.490 is hereby amended to read as follows:
385A.490 1. The annual report of accountability prepared by the State Board pursuant to NRS 385A.400 must include for each school district, including, without limitation, each charter school in the district, and for this State as a whole, information regarding the progression of pupils who are English learners in attaining proficiency in the English language, including, without limitation:
[1.] (a) The number and percentage of pupils who were identified as English learners at the beginning of the school year, were continually enrolled throughout the school year and were identified as proficient in English by the completion of the school year;
[2.] (b) The achievement and proficiency of pupils who are English learners in comparison to the pupils who are proficient in English;
[3.] (c) A comparison of pupils who are English learners and pupils who are proficient in the English language in the following areas:
[(a)] (1) Retention rates;
[(b)] (2) Graduation rates;
[(c)] (3) Dropout rates;
[(d)] (4) Grade point averages; and
[(e)] (5) Scores on the examinations administered pursuant to NRS 390.105 and the college and career readiness assessment administered pursuant to NRS 390.610; and
[4.] (d) Results of the assessments and reassessments of pupils who are English learners, reported separately by the primary language of the pupils, pursuant to the policies developed by the boards of trustees of school districts pursuant to NRS 388.407.
2. The data reported pursuant to subparagraph (5) of paragraph (c) of subsection 1 must be reported separately:
(a) According to subject matter areas measured using the examinations administered pursuant to NRS 390.105 and the college and career readiness assessment administered pursuant to NRS 390.160;
κ2019 Statutes of Nevada, Page 4355 (CHAPTER 629, AB 219)κ
(b) For pupils who are newcomers to the English language, pupils who are short-term English learners and pupils who are long-term English learners, as designated by regulation of the State Board; and
(c) For middle schools, junior high schools and high schools, according to any identified trends in the proficiency in the English language of pupils who are English learners over the immediately preceding 3 years.
Sec. 1.2. Chapter 388 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The principal of each public school which, based upon the most recent annual report of the statewide system of accountability for public schools, was rated in the lowest 30 percent of public schools in this State in the achievement of pupils who are English learners, shall adopt, submit to the Department and publish on an Internet website maintained by the school a corrective action plan which must include, without limitation:
(a) Identification of the root causes of the low levels of achievement among pupils who are English learners;
(b) Plans to address those root causes;
(c) Attainable quantitative goals for improvement in the achievement of pupils who are English learners and timelines for meeting those goals;
(d) Identification of specific actions to improve the achievement of pupils who are English learners, plans to monitor those actions and identification of persons responsible for taking and monitoring those actions; and
(e) Plans to provide professional development designed to address the needs of pupils who are English learners to administrators, teachers and other educational staff.
2. The Department shall assist principals who are required by subsection 1 to adopt a corrective action plan with the development of the plan.
3. A corrective action plan adopted pursuant to subsection 1 may be incorporated into any other relevant corrective action plan adopted by the school.
4. A public high school that has adopted a corrective action plan pursuant to subsection 1 shall notify the parent or guardian of each pupil receiving services for English learners at the high school, in English and any language that is the primary language of at least 10 percent of the English learners enrolled in the high school, that the school has adopted a corrective action plan. The notice must include, without limitation:
(a) A list of each high school in the same school district as the school that has not adopted a corrective action plan;
(b) A statement that the parent or guardian may request that the pupil be transferred to a public high school that has not adopted a corrective action plan; and
(c) A statement of the provisions of subsection 5.
5. The board of trustees of a school district shall allow a pupil who is an English learner and attends a school that has adopted a corrective action plan to enroll in a public school outside the zone of attendance in which the pupil resides if:
κ2019 Statutes of Nevada, Page 4356 (CHAPTER 629, AB 219)κ
(a) The pupil wishes to transfer because the school meets the criteria prescribed in subsection 1 or because of the adoption of the corrective action plan; and
(b) The public school in which the pupil wishes to enroll has adequate capacity to enroll the pupil after enrolling all pupils who reside in the zone of attendance of the school and wish to attend the school.
6. On or before July 1 of each year, the Department shall submit to the Legislative Committee on Education a report that includes:
(a) The number of public schools in this State that have adopted a corrective action plan pursuant to subsection 1;
(b) A description of any progress or lack of progress in closing gaps in achievement between pupils who are English learners and pupils who are proficient in English; and
(c) An evaluation of the success of the corrective action plans.
7. As used in this section, zone of attendance means the zone established by the board of trustees of a school district pursuant to NRS 388.040 to designate which school within the district a pupil must attend.
Sec. 1.3. NRS 388.040 is hereby amended to read as follows:
388.040 1. Except as otherwise provided in subsection 2, the board of trustees of a school district that includes more than one school which offers instruction in the same grade or grades may zone the school district and determine which pupils must attend each school.
2. The establishment of zones pursuant to subsection 1 does not preclude a pupil from attending a:
(a) Charter school;
(b) University school for profoundly gifted pupils;
(c) Public school outside the zone of attendance that the pupil is otherwise required to attend if the pupil is a child in foster care who is remaining in his or her school of origin pursuant to NRS 388E.105; [or]
(d) Public school outside the zone of attendance that the pupil is otherwise required to attend if the pupil has been issued a fictitious address pursuant to NRS 217.462 to 217.471, inclusive, or the parent or legal guardian with whom the pupil resides has been issued a fictitious address pursuant to NRS 217.462 to 217.471, inclusive [.] ; or
(e) Public school outside the zone of attendance that the pupil is otherwise required to attend if the pupil is an English learner enrolling in the school pursuant to subsection 5 of section 1.2 of this act.
Sec. 1.4. NRS 388.407 is hereby amended to read as follows:
388.407 1. The board of trustees of each school district shall develop a policy for the instruction to teach English to pupils who are English learners. The policy must be designed to provide pupils enrolled in each public school located in the school district who are English learners with instruction that enables those pupils to attain proficiency in the English language and improve their overall academic achievement and proficiency.
2. The policy developed pursuant to subsection 1 must:
(a) Provide for the identification of pupils who are English learners through the use of an appropriate assessment;
(b) Provide for the periodic reassessment of each pupil who is classified as an English learner;
κ2019 Statutes of Nevada, Page 4357 (CHAPTER 629, AB 219)κ
(c) Be designed to eliminate any gaps in achievement, including, without limitation, in the core academic subjects and in high school graduation rates, between those pupils who are English learners and pupils who are proficient in English;
(d) Provide opportunities for the parents or legal guardians of pupils who are English learners to participate in the program; and
(e) Provide the parents and legal guardians of pupils who are English learners with information regarding other programs that are designed to improve the language acquisition and academic achievement and proficiency of pupils who are English learners and assist those parents and legal guardians in enrolling those pupils in such programs.
3. The board of trustees of a school district shall adopt a plan to ensure that a policy adopted pursuant to this section achieves the objectives prescribed by paragraph (c) of subsection 2.
4. The Department shall monitor the implementation of:
(a) The provisions of the policy developed pursuant to subsection 1 designed to achieve the objectives described in paragraph (c) of subsection 2; and
(b) The plan adopted pursuant to subsection 3.
5. The board of trustees of a school district may identify and purchase an assessment for use by the school district to measure the literacy of pupils who are English learners. Such an assessment:
(a) Must be approved by the Department; and
(b) May include tools to assist pupils who are English learners to improve their mastery of the English language.
Sec. 1.6. NRS 390.105 is hereby amended to read as follows:
390.105 1. The State Board shall, in consultation with the Council to Establish Academic Standards for Public Schools, prescribe examinations that comply with 20 U.S.C. § 6311(b)(2) and that measure the achievement and proficiency of pupils:
(a) For grades 3, 4, 5, 6, 7 and 8 in the standards of content established by the Council for the subjects of English language arts and mathematics.
(b) For grades 5 and 8, in the standards of content established by the Council for the subject of science.
(c) For grades 9, 10, 11 and 12, in the standards of content established by the Council for the subjects required to comply with 20 U.S.C. § 6311(b)(2).
Κ The examinations prescribed pursuant to this subsection must be written, developed, printed and scored by a nationally recognized testing company.
2. In addition to the examinations prescribed pursuant to subsection 1, the State Board shall, in consultation with the Council to Establish Academic Standards for Public Schools, prescribe a writing examination for grades 5 and 8.
3. The Department shall ensure the availability of:
(a) The examinations prescribed pursuant to subsections 1 and 2 to pupils in any language in which those examinations are published; and
(b) Authorized supports to pupils who are English learners for the examinations prescribed pursuant to subsections 1 and 2.
4. The State Board shall prescribe:
(a) The minimum number of school days that must take place before the examinations prescribed by the State Board pursuant to subsection 1 may be administered to pupils; and
κ2019 Statutes of Nevada, Page 4358 (CHAPTER 629, AB 219)κ
(b) The period during which the examinations prescribed by the State Board pursuant to subsection 1 must be administered.
[4.] 5. The board of trustees of each school district and the governing body of each charter school shall administer the examinations prescribed by the State Board at such times as prescribed by the State Board pursuant to subsection [3.] 4. The examinations must be:
(a) Administered in each school in accordance with uniform procedures adopted by the State Board. The Department shall monitor the school districts and individual schools to ensure compliance with the uniform procedures.
(b) Administered in each school in accordance with the plan adopted pursuant to NRS 390.270 by the Department and with the plan adopted pursuant to NRS 390.275 by the board of trustees of the school district in which the examinations are administered. The Department shall monitor the compliance of school districts and individual schools with:
(1) The plan adopted by the Department; and
(2) The plan adopted by the board of trustees of the applicable school district, to the extent that the plan adopted by the board of trustees of the school district is consistent with the plan adopted by the Department.
Sec. 1.8. NRS 390.610 is hereby amended to read as follows:
390.610 1. The State Board shall select a college and career readiness assessment for administration to pupils who are enrolled in grade 11 in public high schools.
2. Except as otherwise provided in this subsection, a pupil must take the college and career readiness assessment to receive a standard high school diploma. A pupil with a disability may, in accordance with his or her individualized education program, be exempt from the requirement to take the college and career readiness assessment.
3. The results of a pupil on the college and career readiness assessment:
(a) Must not be used in the determination of whether the pupil satisfies the requirements for receipt of standard high school diploma.
(b) May be used in the determination of whether the pupil satisfies the requirements for receipt of a college and career ready high school diploma.
4. The assessment selected pursuant to subsection 1 must be:
(a) Administered at the same time during the school year by the board of trustees of each school district to pupils enrolled in grade 11 in all public high schools of the school district and by the governing body of each charter school that enrolls pupils in grade 11, as prescribed by the State Board, and in accordance with uniform procedures adopted by the State Board. The Department shall monitor the compliance of the school districts and individual schools with the uniform procedures and report to the State Board any instance of noncompliance.
(b) Administered in accordance with the plan adopted by the Department pursuant to NRS 390.270 and with the plan adopted by the board of trustees of the school district in which the assessment is administered pursuant to NRS 390.275. The Department shall monitor the compliance of the school districts and individual schools with:
(1) The plan adopted by the Department; and
(2) The plan adopted by the board of trustees of the applicable school district, to the extent that the plan adopted by the board of trustees of the school district is consistent with the plan adopted by the Department,
Κ and shall report to the State Board any instance of noncompliance.
κ2019 Statutes of Nevada, Page 4359 (CHAPTER 629, AB 219)κ
5. The assessment selected pursuant to subsection 1 must:
(a) Be used to provide data and information to each pupil who takes the assessment in a manner that allows the pupil to review the areas of his or her academic strengths and weaknesses, including, without limitation, areas where additional work in the subject areas tested on the assessment is necessary to prepare for college and career success without the need for remediation; and
(b) Allow teachers and other educational personnel to use the results of a pupil on the assessment to provide appropriate interventions for the pupil to prepare for college and career success.
6. The Department shall ensure the availability of authorized supports to pupils who are English learners for the assessment selected pursuant to subsection 1.
7. The State Board shall adopt regulations prescribing the manner in which the results of a college and career readiness assessment selected pursuant to subsection 1 must be used by a school district or charter school that operates as a high school to inform the instruction provided to pupils enrolled in grade 12, including, without limitation, to determine whether to provide remediation in areas of academic weakness and acceleration in areas of academic strength.
[7.] 8. The State Board may work in consultation with the boards of trustees of school districts and, if a charter school enrolls pupils at a high school grade level, the governing body of the charter school to develop and implement appropriate plans of remediation for pupils based upon the results of the pupils on the assessment.
Sec. 2. NRS 391A.580 is hereby amended to read as follows:
391A.580 1. A public or private university, college or other provider of an alternative licensure program in this State is eligible to apply to the State Board for a grant from the Account to award scholarships to students who attend the university, college or other provider of an alternative licensure program to complete a program offered by the university, college or other provider of an alternative licensure program that has been approved by the State Board and which:
(a) Upon completion makes a student eligible to obtain a license to teach kindergarten, any grade from grades 1 through 12 or in the subject area of special education in this State; or
(b) Allows a student to specialize in the subject area of early childhood education.
2. The State Board shall:
(a) Establish the number of Teach Nevada Scholarships that will be available each year based upon the amount of money available in the Account.
(b) Review all applications submitted pursuant to subsection 1 and award a grant of money from the Account to an approved university, college or other provider of an alternative licensure program to the extent that money is available in an amount determined by the State Board. The State Board shall retain 25 percent of such an award in the Account for disbursement to a scholarship recipient who meets the requirements of subsection 4 of NRS 391A.585.
3. The State Board may prioritize the award of grants from the Account to a university, college or other provider of an alternative licensure program that demonstrates the university, college or other provider of an alternative licensure program will provide scholarships to a greater number of recipients who:
κ2019 Statutes of Nevada, Page 4360 (CHAPTER 629, AB 219)κ
that demonstrates the university, college or other provider of an alternative licensure program will provide scholarships to a greater number of recipients who:
(a) Are veterans or the spouses of veterans;
(b) Intend to teach in public schools in this State which have the highest shortage of teachers;
(c) Have been economically disadvantaged or belong to a racial or ethnic minority group; or
(d) Will be eligible to teach in a subject area for which there is a shortage of teachers. Such a subject area may include, without limitation, science, technology, engineering, mathematics, special education or English as a second language.
4. A student may apply for a Teach Nevada Scholarship from a university, college or other provider of an alternative licensure program that receives a grant from the Account only if [the] :
(a) The student attends or has been accepted to attend the university, college or other provider of an alternative licensure program to complete a program described in subsection 1 [.] ; and
(b) The student agrees to complete the requirements to obtain an endorsement to teach English as a second language or an endorsement to teach special education.
5. An application submitted by the student must identify the program to be completed and the date by which the student must complete the program to finish on schedule.
[5.] 6. The State Board may adopt any regulations necessary to carry out the provisions of NRS 391A.550 to 391A.590, inclusive.
Sec. 2.5. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 3. The provisions of NRS 391A.580, as amended by section 2 of this act, apply only to any student who applies to receive a Teach Nevada Scholarship on or after the effective date of this act.
Sec. 4. This act becomes effective upon passage and approval.
________
κ2019 Statutes of Nevada, Page 4361κ
Senate Bill No. 538Committee on Government Affairs
CHAPTER 630
[Approved: June 14, 2019]
AN ACT relating to governmental administration; creating the Office for New Americans in the Office of the Governor; establishing the duties of the Office; requiring state agencies and political subdivisions to provide certain assistance to the Office; requiring each regulatory body to create an online resource for immigrants that provides information about obtaining a license or similar authorization to practice certain occupations or professions; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 3 of this bill creates the Office for New Americans in the Office of the Governor and requires the Governor to appoint a Director of the Office. Section 3 authorizes the Director to adopt regulations and to apply for grants and accept gifts, grants and donations on behalf of the Office. Sections 3 and 4 of this bill require the Director to: (1) advise the Governor and each agency of the Executive Department of the State Government on all matters relating to the formulation and implementation of policies, programs and procedures affecting immigrants in this State; and (2) ensure that the Office performs certain duties. Section 5 of this bill requires, under certain circumstances, each agency, board, commission, department, officer, employee or agent of this State or a political subdivision of this State to provide assistance to the Office.
Section 6 of this bill requires each regulatory body to create an online resource for immigrants that provides information on how to obtain a license to practice each occupation or profession which the regulatory body regulates. Existing law defines the term license to mean any license, certificate, registration, permit or similar type of authorization issued by a regulatory body. (NRS 622.030)
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 223 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. As used in sections 2 to 5, inclusive, of this act, unless the context otherwise requires, state agency means every public agency, bureau, board, commission, department or division of the Executive Department of the State Government.
Sec. 3. 1. The Office for New Americans is hereby created in the Office of the Governor.
2. The Governor shall appoint a Director of the Office for New Americans. The Director is in the unclassified service of the State and serves at the pleasure of the Governor.
3. The Director shall advise the Governor and each state agency on all matters relating to the formulation and implementation of policies, programs and procedures affecting immigrants in this State.
4. The Director may:
κ2019 Statutes of Nevada, Page 4362 (CHAPTER 630, SB 538)κ
(a) Adopt such regulations as are necessary to carry out the provisions of sections 2 to 5, inclusive, of this act.
(b) Apply for any available grants and accept any gifts, grants or donations for the support of the Office and its activities pursuant to sections 2 to 5, inclusive, of this act.
Sec. 4. The Director of the Office for New Americans created by section 3 of this act shall ensure that the Office:
1. Serves as the coordinating office for each state agency that is responsible for a program that provides services to immigrants in this State, including, without limitation, a program that:
(a) Relates to professional licensing, registration, permitting or similar types of authorization issued by a regulatory body;
(b) Connects immigrants to entrepreneurial and other business resources and workforce development training and programs; and
(c) Assists immigrants in areas relating to quality of life, including, without limitation, education, housing and health care.
2. Reviews and analyzes the policies and programs of state agencies relating to immigrants and makes recommendations to the Governor on such policies and programs, including, without limitation, the elimination of duplication in existing state programs.
3. Provides information and assistance relating to issues affecting immigrants to state agencies, both directly and by serving as a clearinghouse for information received from state agencies, other departments of the State Government, political subdivisions of this State, any other state or the Federal Government.
4. Engages in state and federal advocacy and makes recommendations concerning law and policy affecting immigrants to advance economic and population growth in this State.
5. Develops sustainable partnerships with community foundations and other nonprofit and private sector entities that serve immigrant communities in this State.
6. Coordinates with:
(a) Refugee resettlement agencies in this State to identify gaps in programs provided by those agencies; and
(b) State agencies to assist in efforts to resettle, integrate and assimilate refugees in this State.
Sec. 5. Each agency, board, commission, department, officer, employee or agent of this State or a political subdivision of this State shall provide the Office for New Americans created by section 3 of this act or any representative of the Office such assistance as the functions and operations of the Office may require if that assistance is within the scope of duties of the person or entity.
Sec. 6. Chapter 622 of NRS is hereby amended by adding thereto a new section to read as follows:
Each regulatory body shall create an online resource for immigrants that provides information on how to obtain a license in this State to practice each occupation or profession which the regulatory body regulates.
Sec. 7. (Deleted by amendment.)
________
κ2019 Statutes of Nevada, Page 4363κ
Assembly Bill No. 326Assemblymen McCurdy, Peters, Fumo, Wheeler, Roberts; Bilbray-Axelrod, Daly, Duran, Flores, Jauregui, Monroe-Moreno, Neal, Swank, Watts and Yeager
Joint Sponsor: Senator Cancela
CHAPTER 631
[Approved: June 14, 2019]
AN ACT relating to economic development; providing for tax credits for certain business entities that invest in certain fresh food retailers located in underserved communities and similar areas; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The Nevada New Markets Jobs Act allows certain business entities to receive a credit against the premium tax imposed on insurance companies in exchange for making certain investments in certain qualified active low-income community businesses. (Chapter 231A of NRS) Existing law sets forth the requirements for a business to qualify as a qualified active low-income community business. (NRS 231A.110, 231A.170) Section 1.8 of this bill expands the definition of qualified active low-income community business to include a qualified fresh food retailer. Sections 1.3 and 1.4 of this bill generally define qualified fresh food retailer to mean a retail establishment that: (1) is principally devoted to or that derives a substantial amount of its gross revenue from the sale of certain food products; (2) meets certain requirements prescribed by federal law; and (3) is located in an underserved community or a similar area.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 1.2. Chapter 231A of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3, 1.4 and 1.5 of this act.
Sec. 1.3. 1. Fresh food retailer means a retail establishment, whether organized for profit or not for profit, which is principally devoted to the sale of meat, seafood, fresh fruits and vegetables, dairy products, dry groceries and household products or which derives a substantial amount of its gross revenue from the sale of such products.
2. The term includes:
(a) A farmers market, as defined in NRS 244.336.
(b) A grocery store, as defined in NRS 597.225.
Sec. 1.4. Qualified fresh food retailer means a business that is:
1. A fresh food retailer;
2. A business described in section 45D(d)(2) of the Internal Revenue Code of 1986, 26 U.S.C. § 45D(d)(2), and 26 C.F.R § 1.45D-1(d)(4); and
3. Located in:
(a) An underserved community;
(b) A severely distressed census tract, as defined in NRS 231A.240; or
(c) A census tract that is contiguous to a census tract described in paragraph (a) or (b).
κ2019 Statutes of Nevada, Page 4364 (CHAPTER 631, AB 326)κ
Sec. 1.5. Underserved community means a census tract determined to be an area with low supermarket access by either the United States Department of Agriculture as identified in the Food Access Research Atlas or through a methodology that has been adopted for use by another governmental or philanthropic healthy food initiative.
Sec. 1.6. NRS 231A.030 is hereby amended to read as follows:
231A.030 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 231A.040 to 231A.140, inclusive, and sections 1.3, 1.4 and 1.5 of this act have the meanings ascribed to them in those sections.
Sec. 1.8. NRS 231A.110 is hereby amended to read as follows:
231A.110 1. Qualified active low-income community business has the meaning ascribed to it in section 45D of the Internal Revenue Code of 1986, 26 U.S.C. § 45D, and 26 C.F.R. § 1.45D-1 . [, but]
2. The term is limited to qualified fresh food retailers and those businesses specified in NRS 231A.170.
Secs. 2-5. (Deleted by amendment.)
Sec. 6. This act becomes effective on July 1, 2019.
________
Assembly Bill No. 267Assemblymen Yeager, Fumo, McCurdy, Flores; Backus, Cohen, Daly, Hansen, Krasner, Miller, Nguyen, Peters, Torres and Watts
Joint Sponsor: Senators Brooks; Hansen and Ohrenschall
CHAPTER 632
[Approved: June 14, 2019]
AN ACT relating to actions concerning persons; providing for the compensation of certain persons who were wrongfully convicted; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 2 of this bill authorizes a person who is not currently incarcerated for any offense and who was wrongfully convicted in this State to bring an action for damages and other relief. Pursuant to section 2, a person may prevail in an action for wrongful conviction if the person meets the following five requirements. First, section 2 requires that the person was convicted of a felony in this State and subsequently imprisoned. Second, section 2 requires that the person did not commit the crime for which he or she was convicted and the person: (1) was not an accessory or accomplice to the acts that were the basis of the conviction; (2) did not commit the acts that were the basis of the conviction; and (3) did not aid, abet or act as an accomplice or accessory to a person who committed the acts that were the basis of the conviction. Third, section 2 requires that the person was not convicted of an offense necessarily included in the offense charged. Fourth, section 2 requires that any of the following occurred: (1) the persons conviction was reversed or vacated and his or her charges were dismissed; (2) the basis for reversing or vacating the conviction was not legal error that was unrelated to his or her innocence, and if a new trial was ordered, the person was found not guilty at the new trial or the person was not retried and his or her charges were dismissed; or (3) the person was pardoned by the State Board of Pardons Commissioners on the grounds that the person was innocent.
κ2019 Statutes of Nevada, Page 4365 (CHAPTER 632, AB 267)κ
Pardons Commissioners on the grounds that the person was innocent. Finally, section 2 requires that the person did not commit perjury or fabricate evidence in the underlying criminal proceeding.
Section 4 of this bill: (1) waives the States immunity from liability in actions brought for such wrongful conviction; (2) provides that any action brought pursuant to section 2 is not subject to a limitation on the amount of an award of damages under certain circumstances; and (3) provides that all provisions of existing law relating to the absolute or qualified immunity of any judicial officer, prosecutor or law enforcement officer, including all applicable provisions of federal and state law, apply to an action brought pursuant to section 2.
Section 3 of this bill requires a court to enter a certificate of innocence if the person was successful in his or her wrongful conviction action. Section 3 also requires a court to seal all records relating to the underlying wrongful conviction at the time the court enters a certificate of innocence.
Section 5 of this bill sets forth certain filing requirements and appellate rights relating to a wrongful conviction action. Section 6 of this bill sets forth a 2-year statute of limitations under certain circumstances for the filing of an action for wrongful conviction.
Section 7 of this bill requires a court in a wrongful conviction action to award: (1) if the person was wrongfully imprisoned for 1 to 10 years, $50,000 for each year of imprisonment; (2) if the person was wrongfully imprisoned for 11 to 20 years, $75,000 for each year of imprisonment; or (3) if the person was wrongfully imprisoned for 21 years or more, $100,000 for each year of imprisonment. Section 7 also requires a court to award not less than $25,000 for each year the person was on parole or was required to register as a sex offender, whichever period of time was greater. Section 7 also authorizes the court to order certain other relief, such as payment for the cost of tuition assistance and health care.
Section 8 of this bill sets forth certain limitations on the award amount a person can receive in his or her wrongful conviction action if the person has previously received a monetary award of damages against this State or entered into a settlement agreement with this State relating to his or her wrongful conviction. Section 8 also requires a person to reimburse this State for an award received as a result of an action brought pursuant to section 2 if the person subsequently receives a civil settlement or an award that exceeds the amount awarded by this State relating to the same wrongful conviction.
To recover damages or other monetary relief awarded in a wrongful conviction action, section 8.5 of this bill requires the person who successfully brought the action to submit a claim to the State Board of Examiners for payment from the Reserve for Statutory Contingency Account, upon approval of the State Board of Examiners. Section 10 of this bill makes conforming changes.
Section 9 of this bill authorizes a court to give preference in setting the date of a trial in an action brought pursuant to section 2.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Whereas, Nationally there are more than 2,395 persons listed on the National Registry of Exonerations, including 13 persons who were convicted in Nevada; and
Whereas, Convictions of innocent persons may be the result of many causes, including, without limitation, eyewitness misidentification, false confessions, improper forensic science and governmental misconduct; and
Whereas, Innocent persons who have been wrongfully convicted of crimes and subsequently imprisoned have been uniquely victimized, have distinct challenges reentering society and have difficulty achieving legal redress due to a variety of substantive and technical obstacles in the law; and
κ2019 Statutes of Nevada, Page 4366 (CHAPTER 632, AB 267)κ
Whereas, Innocent persons who have been wrongfully convicted of crimes and subsequently imprisoned deserve an avenue of redress over and above existing tort remedies to seek compensation for damages; and
Whereas, Those innocent persons who can demonstrate by a preponderance of the evidence that they were wrongfully convicted of crimes and subsequently imprisoned should be able to recover damages against this State; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 41 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8.5, inclusive, of this act.
Sec. 2. 1. A person who is not currently incarcerated for any offense may bring a civil action for his or her wrongful conviction against this State in a district court seeking damages or other relief provided by section 7 of this act.
2. The court shall award damages for wrongful conviction in accordance with section 7 of this act if the person proves by a preponderance of the evidence that:
(a) He or she was convicted of a felony in this State and was subsequently imprisoned for the conviction;
(b) He or she did not commit the felony for which he or she was convicted and the person:
(1) Was not an accessory or accomplice to the acts that were the basis of the conviction;
(2) Did not commit the acts that were the basis of the conviction; and
(3) Did not aid, abet or act as an accomplice or accessory to a person who committed the acts that were the basis of the conviction;
(c) He or she was not convicted of an offense necessarily included in the offense charged;
(d) Any of the following occurred:
(1) The judgment of conviction was reversed or vacated and the charging document was dismissed;
(2) The basis for reversing or vacating the judgment of conviction was not legal error that was unrelated to his or her innocence, and if a court ordered a new trial, the person was found not guilty at the new trial or the person was not retried and the charging document was dismissed; or
(3) The person was pardoned by the State Board of Pardons Commissioners on the grounds that he or she was innocent; and
(e) The person did not commit perjury or fabricate evidence at the criminal proceeding that brought about his or her felony conviction and the person did not by his or her own conduct cause or bring about his or her felony conviction.
3. The court, in exercising its discretion as permitted by law regarding the weight and admissibility of evidence, may, in the interest of justice, give due consideration to:
(a) The difficulty of providing evidence caused by the passage of time;
(b) The death or unavailability of a witness;
(c) The destruction of evidence; or
κ2019 Statutes of Nevada, Page 4367 (CHAPTER 632, AB 267)κ
(d) Any other factor not caused by the person or any other person acting on his or her behalf.
4. The court may appoint an attorney to aid a person in an action brought pursuant to this section.
5. For the purposes of subsection 2, the following do not constitute committing perjury, fabricating evidence or causing or bringing about the conviction of the person:
(a) A confession or an admission later found to be false; or
(b) If the judgment of conviction was reversed or vacated and the charging document dismissed, a guilty plea for a felony.
6. As used in this section, innocence means that a person did not engage in:
(a) The conduct for which he or she was convicted; and
(b) Any conduct constituting a lesser included or inchoate offense of the crime for which he or she was convicted.
Sec. 3. 1. If a court finds that a person is entitled to a judgment pursuant to section 2 of this act, the court shall enter a certificate of innocence finding that the person was innocent of the felony for which the person was wrongfully convicted.
2. If a court does not find that a person is entitled to a judgment pursuant to section 2 of this act, the action must be dismissed and the court shall not enter a certificate of innocence.
3. Upon an entry of a certificate of innocence pursuant to subsection 1, the court shall order sealed all records of the conviction which are in the custody of any agency of criminal justice or any public or private agency, company, official or other custodian of records in the State of Nevada and shall order all such records of the person returned to the file of the court where the underlying criminal action was commenced from, including, without limitation, the Federal Bureau of Investigation and all other agencies of criminal justice which maintain such records and which are reasonably known by either the person or the court to have possession of such records. Such records must be sealed regardless of whether the person has any prior criminal convictions in this State.
Sec. 4. 1. The State of Nevada waives its immunity from liability in any action brought pursuant to section 2 of this act and consents to have its liability determined in accordance with the same rules of law as are applied to civil actions against natural persons and corporations.
2. An action brought pursuant to section 2 of this act is not subject to any requirement of an action brought pursuant to NRS 41.031, including, without limitation, the limitations on an award of damages described in NRS 41.035.
3. All provisions of existing law relating to the absolute or qualified immunity of any judicial officer, prosecutor or law enforcement officer, including all applicable provisions of federal and state law, apply to an action brought pursuant to section 2 of this act.
Sec. 5. 1. All pleadings filed pursuant to section 2 of this act must be captioned, In the matter of the wrongful conviction of [name of the person bringing the action].
2. The initial complaint filed in an action brought pursuant to section 2 of this act must be accompanied by a statement of facts verified by the person and served upon the Attorney General pursuant to the Nevada Rules of Civil Procedure.
κ2019 Statutes of Nevada, Page 4368 (CHAPTER 632, AB 267)κ
3. All proceedings held pursuant to section 2 of this act must be tried before a court without a jury.
4. A judgment issued pursuant to section 2 of this act may be appealed to an appellate court of competent jurisdiction.
5. The doctrines of res judicata and collateral estoppel do not apply to an action brought pursuant to section 2 of this act.
Sec. 6. 1. Except as otherwise provided in subsection 2, a person must bring an action pursuant to section 2 of this act within 2 years after:
(a) A judgment of conviction of the person was reversed or vacated and the charging document was dismissed;
(b) If a court ordered a new trial, the person was found not guilty at the new trial or the person was not retried and the charging document was dismissed; or
(c) The person was pardoned by the State Board of Pardons Commissioners on the grounds that the person is innocent.
2. If any of the events described in subsection 1 occurred before October 1, 2019, an action brought pursuant to section 2 of this act must be commenced not later than October 1, 2021.
Sec. 7. 1. In an action brought pursuant to section 2 of this act which results in the court entering a certificate of innocence pursuant to section 3 of this act, the court shall award the person:
(a) If the person was imprisoned for:
(1) One to 10 years, $50,000 for each year of imprisonment;
(2) Eleven to 20 years, $75,000 for each year of imprisonment; or
(3) Twenty-one years or more, $100,000 for each year of imprisonment; and
(b) Not less than $25,000 for each year the person was on parole or not less than $25,000 for each year the person was required to register as a sex offender, whichever period of time was greater.
2. In addition to any damages awarded pursuant to subsection 1, the court may award:
(a) Reasonable attorneys fees, not to exceed $25,000, unless a greater amount is authorized by a court upon a finding of good cause shown.
(b) Payment for the cost of:
(1) Tuition, books and fees for the person to attend an institution operated by the Nevada System of Higher Education;
(2) Participation by the person in a health care program of this State;
(3) Programs for reentry into the community for the person; and
(4) Counseling services for the person;
(c) Reimbursement for:
(1) Restitution ordered to be paid by the person in the criminal proceeding for which he or she was wrongfully convicted; and
(2) Medical care paid for by the person while he or she was imprisoned for his or her wrongful conviction; and
(d) Any other relief, including, without limitation, housing assistance or assistance for financial literacy for the person.
3. Any award of damages issued pursuant to subsection 1 must be rounded up to the nearest half year.
4. A court shall not award and a person shall not receive compensation for any period of imprisonment during which the person was concurrently serving a sentence for a conviction of another offense for which the person was lawfully convicted and imprisoned.
κ2019 Statutes of Nevada, Page 4369 (CHAPTER 632, AB 267)κ
concurrently serving a sentence for a conviction of another offense for which the person was lawfully convicted and imprisoned.
5. If counseling services are awarded to the person pursuant to subsection 2, the person may select a relative to receive counseling with the person. As used in this subsection, relative means a person who is related by blood, adoption, marriage or domestic partnership within the third degree of consanguinity or affinity.
Sec. 8. 1. If a person in an action brought pursuant to section 2 of this act has previously won a monetary award against this State in a civil action related to his or her wrongful conviction, the person is only entitled to receive any amount described in section 7 of this act, less the award obtained in the previous civil action.
2. If a person in an action brought pursuant to section 2 of this act has entered into a settlement agreement with this State related to his or her wrongful conviction, the person is entitled to receive any amount described in section 7 of this act, less the amount of the settlement agreement.
3. A person who was successful in his or her action brought pursuant to section 2 of this act and who subsequently receives a civil settlement or award relating to his or her wrongful conviction that exceeds the amount awarded pursuant to section 7 of this act shall reimburse this State for his or her award of damages issued pursuant to this act.
4. The calculation of an award of damages or a settlement amount pursuant to this section must not include attorneys fees and the costs for bringing the action.
Sec. 8.5. To recover damages or other monetary relief awarded by a court pursuant to section 7 of this act, less any adjustment pursuant to section 8 of this act, a person who was successful in his or her action brought pursuant to section 2 of this act must submit a claim to the State Board of Examiners. The claim must be for payment of the damages or other monetary relief from the Reserve for Statutory Contingency Account, upon approval by the State Board of Examiners.
Sec. 9. NRS 16.025 is hereby amended to read as follows:
16.025 1. Upon the motion of a party to an action who is 70 years of age or older, the court may give preference in setting a date for the trial of the action, unless the court finds that the party does not have a substantial interest in the case as a whole.
2. A court may grant a motion for preference in setting a date for the trial of an action if the court determines that based upon clear and convincing medical evidence, a party to the action suffers from an illness or condition which raises a substantial medical doubt that the party will survive for more than 6 months, and the court determines that the interests of justice would be served by granting the motion.
3. If a motion for preference is granted pursuant to subsection 1 or 2:
(a) The court shall set a date for the trial of the action that is not more than 120 days after the hearing on the motion; and
(b) The court shall not continue the date for the trial of the action beyond 120 days after the hearing on the motion, except for the physical disability of a party or attorney in the action, or for other good cause entered on the record.
4. If the plaintiff in an action seeks to recover damages allegedly caused by a defendant during the commission of acts for which the defendant is convicted of a crime punishable as a felony, the court may, upon the motion of the plaintiff, give preference in setting a date for the trial of the action.
κ2019 Statutes of Nevada, Page 4370 (CHAPTER 632, AB 267)κ
motion of the plaintiff, give preference in setting a date for the trial of the action. If the motion is granted, the trial of the action must, unless the court deems it infeasible, be held not more than 120 days after the hearing on the motion.
5. A court may, upon the motion of a plaintiff in an action brought pursuant to section 2 of this act, give preference in setting a date for the trial of the action. If the motion is granted, the trial of the action must be held not more than 120 days after the hearing on the motion.
Sec. 10. NRS 353.264 is hereby amended to read as follows:
353.264 1. The Reserve for Statutory Contingency Account is hereby created in the State General Fund.
2. The State Board of Examiners shall administer the Reserve for Statutory Contingency Account. The money in the Account must be expended only for:
(a) The payment of claims which are obligations of the State pursuant to NRS 41.03435, 41.0347, 62I.025, 176.485, 179.310, 212.040, 212.050, 212.070, 281.174, 282.290, 282.315, 288.203, 293.253, 293.405, 353.120, 353.262, 412.154 and 475.235;
(b) The payment of claims which are obligations of the State pursuant to:
(1) Chapter 472 of NRS arising from operations of the Division of Forestry of the State Department of Conservation and Natural Resources directly involving the protection of life and property; and
(2) NRS 7.155, 34.750, 176A.640, 179.225 and 213.153,
Κ except that claims may be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for those purposes has been exhausted;
(c) The payment of claims which are obligations of the State pursuant to NRS 41.0349 and 41.037, but only to the extent that the money in the Fund for Insurance Premiums is insufficient to pay the claims; [and]
(d) The payment of claims which are obligations of the State pursuant to section 7 of this act; and
(e) The payment of claims which are obligations of the State pursuant to NRS 535.030 arising from remedial actions taken by the State Engineer when the condition of a dam becomes dangerous to the safety of life or property.
3. The State Board of Examiners may authorize its Clerk or a person designated by the Clerk, under such circumstances as it deems appropriate, to approve, on behalf of the Board, the payment of claims from the Reserve for Statutory Contingency Account. For the purpose of exercising any authority granted to the Clerk of the State Board of Examiners or to the person designated by the Clerk pursuant to this subsection, any statutory reference to the State Board of Examiners relating to such a claim shall be deemed to refer to the Clerk of the Board or the person designated by the Clerk.
________