[Rev. 9/10/2021 11:30:03 AM]
κ2021 Statutes of Nevada, Page 1κ
LAWS OF THE STATE
OF NEVADA
Passed at the
EIGHTY-FIRST SESSION OF THE LEGISLATURE
2021
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Senate Bill No. 1Senators Cannizzaro and Settelmeyer
CHAPTER 1
[Approved: February 5, 2021]
AN ACT making an appropriation to the Legislative Fund for the costs of the 81st Legislative Session; 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 Legislative Fund created by NRS 218A.150 the sum of $15,000,000 for the costs of the 81st Legislative Session.
Sec. 2. This act becomes effective upon passage and approval.
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κ2021 Statutes of Nevada, Page 2κ
Assembly Bill No. 106Committee on Ways and Means
CHAPTER 2
[Approved: February 12, 2021]
AN ACT making an appropriation to the Office of Economic Development for the provision of grants to certain entities impacted by the COVID-19 pandemic; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State General Fund to the Office of Economic Development created by NRS 231.043 the sum of $50,000,000 to provide grants for operational support to small businesses, nonprofit organizations and other similar entities impacted by the COVID-19 pandemic.
2. The Office of Economic Development shall prepare and transmit a report to the Interim Finance Committee on or before June 30, 2021, that describes each expenditure made from the money appropriated by subsection 1.
3. Any remaining balance of the appropriation made by subsection 1 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. 2. This act becomes effective upon passage and approval.
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κ2021 Statutes of Nevada, Page 3κ
Assembly Bill No. 110Assemblymen Frierson and Brittney Miller
CHAPTER 3
[Approved: March 18, 2021]
AN ACT relating to lobbying; revising the definition of the term lobbyist for the purpose of determining the applicability of certain provisions governing lobbyists; revising provisions relating to the registration of lobbyists and the filing of certain reports concerning lobbying activities; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The Nevada Lobbying Disclosure and Regulation Act regulates lobbying before the Legislature and is administered by the Director of the Legislative Counsel Bureau. (Chapter 218H of NRS) The Act places certain duties on lobbyists, such as the requirement to file with the Director: (1) a registration statement during a regular or special session; and (2) periodic reports concerning the registrants lobbying activities during a regular or special session. (NRS 218H.080, 218H.200, 218H.400) The Act also prohibits lobbyists from performing certain acts, whether or not the Legislature is in a regular or special session, such as knowingly or willfully giving any gift to a member of the Legislative Branch or a member of his or her immediate family or otherwise directly or indirectly arranging, facilitating or serving as a conduit for such a gift. (NRS 218H.930) Lobbyists have a duty to comply with the gift prohibitions in NRS 218H.930 and any other applicable requirements set forth in the Act at all times, whether or not the Legislature is in a regular or special session and whether or not the lobbyists have filed a registration statement with the Director. (Chapter 218H of NRS)
Under the Act, a person is a lobbyist and subject to the provisions of the Act if the person: (1) appears in person in the Legislative Building or any other building in which the Legislature or any of its standing committees holds meetings; and (2) communicates directly with a member of the Legislative Branch on behalf of someone other than himself or herself to influence legislative action, whether or not any compensation is received for the communication. (NRS 218H.080) Section 2 of this bill removes the criteria that the person appear in person in the Legislative Building or other building where the Legislature or its committees hold meetings. Section 2 also adds an exception providing that a lobbyist does not include persons who confine their lobbying activities to communicating directly with one or more members of the Legislative Branch only on an infrequent or irregular basis and who do not otherwise engage in any lobbying activities, unless those persons engage in a pattern of conduct that is substantially similar to engaging in lobbying activities on a recurrent or regular basis.
Sections 2.3 and 2.7 of this bill clarify that the requirement to file a registration statement with the Director applies to a person who acts as a lobbyist during a regular or special session. However, because the Act also prohibits lobbyists from performing certain acts, whether or not the Legislature is in a regular or special session, this bill does not change the duty of lobbyists to comply with the gift prohibitions in NRS 218H.930 and any other applicable requirements set forth in the Act at all times, whether or not the Legislature is in a regular or special session and whether or not the lobbyists have filed a registration statement with the Director.
Section 3 of this bill applies during the 81st Legislative Session and requires a person who, on or after the effective date of this bill, qualifies as a lobbyist under section 2 to: (1) file a registration statement not later than 14 days after the effective date of this bill, or not later than 2 days after the beginning of the persons lobbying activity as currently required under existing law, whichever date is later; and (2) include in his or her first report concerning lobbying activity filed with the Director a report concerning lobbying activities during the period beginning on February 1, 2021, and ending on the effective date of this bill.
κ2021 Statutes of Nevada, Page 4 (CHAPTER 3, AB 110)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. (Deleted by amendment.)
Sec. 2. NRS 218H.080 is hereby amended to read as follows:
218H.080 1. Lobbyist means, except as limited by subsection 2, a person who [:
(a) Appears in person in the Legislative Building or any other building in which the Legislature or any of its standing committees hold meetings; and
(b) Communicates] communicates directly with a member of the Legislative Branch on behalf of someone other than himself or herself to influence legislative action, whether or not any compensation is received for the communication.
2. Lobbyist does not include:
(a) Persons who confine their activities to formal appearances before legislative committees and who clearly identify themselves and the interest or interests for whom they are testifying.
(b) Employees of a bona fide news medium who meet the definition of lobbyist set forth in subsection 1 only in the course of their professional duties and who contact Legislators for the sole purpose of carrying out their news gathering function.
(c) Employees of departments, divisions or agencies of the state government who appear before legislative committees only to explain the effect of legislation or any other legislative action related to their departments, divisions or agencies.
(d) Members of the Legislative Branch who are exercising, performing or carrying out their powers, functions, duties or responsibilities on matters relating to legislation or any other legislative action.
(e) Elected officers of this State and its political subdivisions who confine their lobbying activities to issues directly related to the scope of the office to which they were elected.
(f) Persons who contact the Legislators who are elected from the district in which they reside.
(g) Persons who are clients of a lobbyist, unless those persons engage in any activities that independently meet the definition of lobbyist set forth in subsection 1.
(h) Persons who confine their lobbying activities to communicating directly with one or more members of the Legislative Branch only on an infrequent or irregular basis and who do not otherwise engage in any lobbying activities, unless those persons engage in a pattern of conduct that is substantially similar to engaging in lobbying activities on a recurrent or regular basis.
Sec. 2.3. NRS 218H.200 is hereby amended to read as follows:
218H.200 1. Every person who acts as a lobbyist during a regular or special session shall, not later than 2 days after the beginning of that activity, file a registration statement with the Director in such form as the Director prescribes, unless the person qualifies for an exemption or exception from the requirements to register as a lobbyist pursuant to any regulations adopted in accordance with NRS 218H.500.
κ2021 Statutes of Nevada, Page 5 (CHAPTER 3, AB 110)κ
2. The Director shall not accept a registration statement from a former Legislator who was a member of the Legislature during the immediately preceding regular session in the classification set forth in NRS 218H.500 of a lobbyist who receives any compensation for his or her lobbying activities unless the former Legislator certifies in writing, under penalty of perjury, that he or she qualifies under the exception set forth in subsection 2 of NRS 218H.950.
Sec. 2.7. NRS 218H.930 is hereby amended to read as follows:
218H.930 1. A lobbyist shall not knowingly or willfully make any false statement or misrepresentation of facts:
(a) To any member of the Legislative Branch in an effort to persuade or influence the member in any legislative action.
(b) In a registration statement or report concerning lobbying activities filed with the Director.
2. A lobbyist shall not knowingly or willfully give any gift to a member of the Legislative Branch or a member of his or her immediate family or otherwise directly or indirectly arrange, facilitate or serve as a conduit for such a gift, whether or not the Legislature is in a regular or special session.
3. A member of the Legislative Branch or a member of his or her immediate family shall not knowingly or willfully solicit or accept any gift from a lobbyist, whether or not the Legislature is in a regular or special session.
4. A client of a lobbyist shall not make that lobbyists compensation or reimbursement contingent in any manner upon the outcome of any legislative action.
5. Except during the period permitted by NRS 218H.200, a person shall not knowingly act as a lobbyist during a regular or special session without being registered as required by that section, unless the person qualifies for an exemption or exception from the requirements to register as a lobbyist pursuant to any regulations adopted in accordance with NRS 218H.500.
6. Except as otherwise provided in subsection 7, a member of the Legislative or Executive Branch of the State Government and an elected officer or employee of a political subdivision shall not receive compensation or reimbursement other than from the State or the political subdivision for personally engaging in lobbying.
7. An elected officer or employee of a political subdivision may receive compensation or reimbursement from any organization whose membership consists of elected or appointed public officers.
8. A lobbyist shall not instigate the introduction of any legislation for the purpose of obtaining employment to lobby in opposition to that legislation.
9. A lobbyist shall not make, commit to make or offer to make a monetary contribution to a Legislator, the Lieutenant Governor, the Lieutenant Governor-elect, the Governor or the Governor-elect during the period set forth in subsection 1 of NRS 294A.300 unless such act is otherwise authorized pursuant to subsection 4 of NRS 294A.300.
Sec. 3. During the 81st Session of the Nevada Legislature, any person who, on or after the effective date of this act, qualifies as a lobbyist pursuant to NRS 218H.080, as amended by section 2 of this act, must:
1. File a registration statement pursuant to NRS 218H.200, as amended by section 2.3 of this act, not later than 14 days after the effective date of this act, or not later than 2 days after the beginning of the persons lobbying activity as set forth in NRS 218H.200, as amended by section 2.3 of this act, whichever date is later, unless the person qualifies for an exemption or exception from the requirements to register as a lobbyist pursuant to any regulations adopted in accordance with NRS 218H.500.
κ2021 Statutes of Nevada, Page 6 (CHAPTER 3, AB 110)κ
activity as set forth in NRS 218H.200, as amended by section 2.3 of this act, whichever date is later, unless the person qualifies for an exemption or exception from the requirements to register as a lobbyist pursuant to any regulations adopted in accordance with NRS 218H.500.
2. Include in the first report filed pursuant to NRS 218H.400 after the effective date of this act a report concerning the persons lobbying activities during the period beginning on February 1, 2021, and ending on the effective date of this act.
Sec. 4. This act becomes effective upon passage and approval.
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Senate Bill No. 29Committee on Growth and Infrastructure
CHAPTER 4
[Approved: March 29, 2021]
AN ACT relating to motor vehicles; authorizing the Department of Motor Vehicles to appoint an agent to issue salvage titles; authorizing such an agent to use the name, service marks, trademarks or logo of the Department in an advertisement upon receipt of the Departments written permission for such use; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Department of Motor Vehicles to issue a salvage title, which is required to transfer ownership interest in a salvage vehicle, upon an application supported by certain documentation. (NRS 487.007, 487.810) Section 2 of this bill authorizes the Department to appoint by contract a person to issue salvage titles on behalf of the Department under such circumstances as an agent of the Department and requires that agent to collect the fee for the issuance of a salvage title and remit it to the Department. Section 2 requires the Department to ensure that a person has met certain requirements before entering into a contract with the person to act as an agent. Finally, section 2 authorizes the Department to investigate, audit and inspect the premises of a person who has been appointed as an agent of the Department to issue salvage titles. Section 3 of this bill makes a conforming change to indicate the appropriate placement of section 2 in the Nevada Revised Statutes.
Existing law provides that no person may use the name, service marks, trademarks or logo of the Department in an advertisement, unless the person is an appointed agent of the Department and has obtained the written permission of the Department for such use. (NRS 482.160) Section 1 of this bill provides that an agent appointed to issue salvage titles may use the name, service marks, trademarks or logo of the Department in an advertisement if the agent has obtained the written permission of the Department for such use.
κ2021 Statutes of Nevada, Page 7 (CHAPTER 4, SB 29)κ
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.160 is hereby amended to read as follows:
482.160 1. The Director may adopt and enforce such administrative regulations as are necessary to carry out the provisions of this chapter.
2. The Director may establish branch offices as provided in NRS 481.055, and may by contract appoint any person or public agency as an agent to assist in carrying out the duties of the Department pursuant to this chapter.
3. Except as otherwise provided in this subsection, the contract with each agent appointed by the Department in connection with the registration of motor vehicles and issuance of license plates may provide for compensation based upon the reasonable value of the services of the agent but must not exceed $2 for each registration. An authorized inspection station or authorized station that issues certificates of registration pursuant to NRS 482.281 is not entitled to receive compensation from the Department pursuant to this subsection.
4. Except as otherwise provided in this section, no person may use in an advertisement:
(a) The name, service marks, trademarks or logo of the Department; or
(b) A service mark, trademark or logo designed to closely resemble a service mark, trademark or logo of the Department and intended to mislead a viewer to believe that the service mark, trademark or logo is the service mark, trademark or logo of the Department.
5. An agent appointed pursuant to subsection 2 or section 2 of this act may use the name, service marks, trademarks or logo of the Department in an advertisement if the agent has obtained the written permission of the Department for such use.
Sec. 2. Chapter 487 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Department may by contract appoint any person as an agent of the Department to issue those salvage titles which the Department is authorized to issue pursuant to NRS 487.810. An agent appointed pursuant to this section shall charge and collect the fee required by NRS 487.810 for the issuance of a salvage title and remit it to the Department. Fees remitted to the Department pursuant to this subsection must be deposited with the State Treasurer for credit to the Revolving Account for the Issuance of Salvage Titles created by NRS 487.825.
2. Before entering into a contract pursuant to subsection 1, the Department must require:
(a) Each natural person who will be authorized to issue a salvage title on behalf of the proposed agent to:
(1) Submit to the Department a complete set of his or her fingerprints and written permission authorizing the Department 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
κ2021 Statutes of Nevada, Page 8 (CHAPTER 4, SB 29)κ
(2) Pay a fee for the processing of fingerprints. The Department shall establish by regulation the fee for processing fingerprints. The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.
(b) The proposed agent to procure and file with the Department a good and sufficient bond in an amount of not less than $50,000, with a corporate surety thereon licensed to do business in the State of Nevada, approved as to form by the Attorney General, and conditioned upon the proposed agent remitting to the Department the full amount of any fee he or she is required to collect pursuant to subsection 1. In lieu of a bond, the proposed agent may deposit with the State Treasurer a like amount of lawful money of the United States.
3. The Department may, as the Director of the Department deems appropriate:
(a) Investigate the actions of an agent appointed pursuant to subsection 1.
(b) Conduct audits of the agent at regular intervals.
(c) Inspect the premises of the agent during regular business hours to determine the agents compliance with the contract entered into pursuant to subsection 1. The Department may require the agent to pay to the Department an amount equal to the allowance provided for state officers and employees generally while traveling outside of the State for each day or fraction thereof during which an employee of the Department is engaged in any investigation or examination made at any premises of the agent located outside this State, plus any other actual expenses incurred by the employee while he or she is absent from his or her regular place of employment to conduct the investigation or examination outside this State.
Sec. 3. NRS 487.710 is hereby amended to read as follows:
487.710 As used in NRS 487.710 to 487.890, inclusive, and section 2 of this act, unless the context otherwise requires, the words and terms defined in NRS 487.720 to 487.790, inclusive, have the meanings ascribed to them in those sections.
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κ2021 Statutes of Nevada, Page 9κ
Senate Bill No. 83Committee on Education
CHAPTER 5
[Approved: March 29, 2021]
AN ACT relating to education; authorizing the Department of Education to temporarily waive or pause certain requirements related to the statewide system of accountability for public schools and certain examinations or assessments if the United States Department of Education has waived or paused similar requirements of federal law; providing certain exceptions to provisions that require the use of the statewide system of accountability or results of an examination or assessment; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing federal law requires a state to describe a statewide accountability system for education. (20 U.S.C. § 6311(c)) Existing federal law requires a state to demonstrate that the state has implemented student academic assessments in certain subjects. (20 U.S.C. § 6311(b)(2)) Under existing federal law, the Secretary of Education of the United States Department of Education may grant a request made by a state for a waiver from various statutory or regulatory requirements, including, without limitation, the requirements to describe a statewide accountability system and implement academic assessments. (20 U.S.C. § 7861) Existing law requires the board of trustees of each school district and the Department of Education to make ratings for each public school in accordance with the statewide system of accountability. (NRS 385A.720) Under existing law, the State Board of Education is required to prescribe examinations that comply with federal law to measure the achievement and proficiency of pupils. Existing law also requires the board of trustees of a school district and the governing body of a charter school to administer such examinations to pupils as prescribed by the State Board. (NRS 390.105) Sections 6.7 and 8 of this bill authorize the Department of Education to waive or pause the requirements relating to making ratings for public schools or administering examinations that comply with federal law, respectively, if the United States Department of Education grants a waiver from such requirements to the Department of Education or otherwise pauses the requirements of the federal law.
Existing law requires the results of the examinations to measure the achievement and proficiency of pupils and certain other information be included in the annual report of accountability prepared by the board of trustees of a school district and the annual report of accountability prepared by the State Board of Education. (NRS 385A.200, 385A.270, 385A.280, 385A.410, 385A.480, 385A.490) Section 1 of this bill eliminates the requirement to include certain information in the annual report of accountability which is based upon the results of examinations to measure the achievement and proficiency of pupils during the period of time that a waiver or pause of such testing as provided in section 8 is effective. Existing law requires the Department of Education to use the examinations to measure the achievement and proficiency of pupils to determine the proficiency of a pupil in certain grade levels. (NRS 387.137) Under existing law, the Department is required to adopt a model to measure the achievement of pupils in certain grade levels based on the results of such examinations. (NRS 390.125) Existing law also requires the Department to take certain actions if the Department determines that an irregularity in testing administration occurred during certain school years. (NRS 390.290) Sections 2-6, 7, 9 and 10 of this bill make conforming changes to comply with a waiver or pause of testing as provided in section 8.
Sections 1, 4, 6.3, 6.9 and 7.2-7.8 of this bill make conforming changes to comply with a waiver or pause of the requirement to make ratings for public schools as provided in section 6.7.
κ2021 Statutes of Nevada, Page 10 (CHAPTER 5, SB 83)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 385A.200 is hereby amended to read as follows:
385A.200 [The]
1. Except as otherwise provided in subsection 2, the annual report of accountability prepared pursuant to NRS 385A.070 must include information on pupil achievement and school performance, including, without limitation, pupil achievement for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district. The board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS 390.105 and the college and career readiness assessment administered pursuant to NRS 390.610 and shall compare the results of those examinations for the school year for which the annual report is being prepared with those of previous school years. The report must include, for each school in the district, including, without limitation, each charter school sponsored by the district, and each grade in which the examinations and assessments were administered:
[1.] (a) The number of pupils who took the examinations and a record of attendance for the period in which the examinations were administered, including an explanation of any difference in the number of pupils who took the examinations and the number of pupils who are enrolled in the school.
[2.] (b) Except as otherwise provided in subsection 2 of NRS 385A.070, pupil achievement, reported separately by gender and reported separately for the groups of pupils identified in the statewide system of accountability for public schools.
[3.] (c) A comparison of the achievement of pupils in each group identified in the statewide system of accountability for public schools with the performance targets established for that group.
[4.] (d) The percentage of pupils who were not tested.
[5.] (e) Except as otherwise provided in subsection 2 of NRS 385A.070, the percentage of pupils who were not tested, reported separately by gender and reported separately for the groups identified in the statewide system of accountability for public schools.
[6.] (f) The most recent 3-year trend in pupil achievement in each subject area tested and each grade level tested pursuant to NRS 390.105 and the college and career readiness assessment administered pursuant to NRS 390.610, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available.
[7.] (g) [The] Except as otherwise provided in subsection 3 of NRS 385A.720, the rating of each public school in the district, including, without limitation, each charter school sponsored by the district, pursuant to the statewide system of accountability for public schools.
[8.] (h) Information on whether each school in the district, including, without limitation, each charter school sponsored by the district, has made progress based upon the model adopted by the Department pursuant to NRS 390.125.
[9.] (i) Information that compares the results of pupils in the school district, including, without limitation, pupils enrolled in charter schools sponsored by the district, with the results of pupils throughout this State. The information required by this [subsection] paragraph must be provided in consultation with the Department to ensure the accuracy of the comparison.
κ2021 Statutes of Nevada, Page 11 (CHAPTER 5, SB 83)κ
information required by this [subsection] paragraph must be provided in consultation with the Department to ensure the accuracy of the comparison.
[10.] (j) For each school in the district, including, without limitation, each charter school sponsored by the district, information that compares the results of pupils in the school with the results of pupils throughout the school district and throughout this State. The information required by this [subsection] paragraph must be provided in consultation with the Department to ensure the accuracy of the comparison.
2. If the Department temporarily waives or otherwise pauses the requirement to administer examinations that comply with 20 U.S.C. § 6311(b)(2) pursuant to subsection 6 of NRS 390.105, the requirement of subsection 1 to include certain information in the annual report of accountability prepared pursuant to NRS 385A.070 does not apply for the period of time that such a waiver or pause is effective.
Sec. 2. NRS 385A.270 is hereby amended to read as follows:
385A.270 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 concerning pupils who are eligible for free or reduced-price breakfasts pursuant to 42 U.S.C. §§ 1771 et seq. and pupils who are eligible for free or reduced-price lunches pursuant to 42 U.S.C. §§ 1751 et seq., including, without limitation:
(a) The number and percentage of pupils who are eligible for free or reduced-price breakfasts;
(b) The percentage of pupils who receive free and reduced-price breakfasts;
(c) The number and percentage of pupils who are eligible for free or reduced-price lunches;
(d) The percentage of pupils who receive free and reduced-price lunches;
(e) A comparison of the achievement and proficiency of pupils, reported separately by race and ethnicity, who are eligible for free or reduced-price breakfasts, pupils who receive free and reduced-price breakfasts, pupils who are eligible for free or reduced-price lunches, pupils who receive free and reduced-price lunches and pupils who are not eligible for free or reduced-price breakfasts or lunches;
(f) A comparison of pupils, reported separately by race and ethnicity, who are eligible for free or reduced-price breakfasts, pupils who receive free and reduced-price breakfasts, pupils who are eligible for free or reduced-price lunches and pupils who receive free and reduced-price lunches for which data is required to be collected in the following areas:
(1) Retention rates;
(2) Graduation rates;
(3) Dropout rates;
(4) Grade point averages; and
(5) [Scores] Except as otherwise provided in subsection 6 of NRS 390.105, scores on the examinations administered pursuant to NRS 390.105 and the college and career readiness assessment administered pursuant to NRS 390.610.
2. The State Board may adopt any regulations necessary to carry out the provisions of this section.
κ2021 Statutes of Nevada, Page 12 (CHAPTER 5, SB 83)κ
Sec. 3. 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:
(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;
(b) The achievement and proficiency of pupils who are English learners in comparison to the pupils who are proficient in English;
(c) A comparison of pupils who are English learners and pupils who are proficient in the English language in the following areas:
(1) Retention rates;
(2) Graduation rates;
(3) Dropout rates;
(4) Grade point averages; and
(5) [Scores] Except as otherwise provided in subsection 6 of NRS 390.105, scores on the examinations administered pursuant to NRS 390.105 and the college and career readiness assessment administered pursuant to NRS 390.610; and
(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 390.610;
(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.
κ2021 Statutes of Nevada, Page 13 (CHAPTER 5, SB 83)κ
Sec. 4. NRS 385A.410 is hereby amended to read as follows:
385A.410 [The] Except as otherwise provided in subsection 6 of NRS 390.105, the annual report of accountability prepared by the State Board pursuant to NRS 385A.400 must include information on pupil achievement and school performance, including, without limitation:
1. Information on the achievement of all pupils based upon the results of the examinations administered pursuant to NRS 390.105 and the college and career readiness assessment administered pursuant to NRS 390.610, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.
2. Except as otherwise provided in subsection 2 of NRS 385A.400, pupil achievement, reported separately by gender and reported separately for the groups of pupils identified in the statewide system of accountability for public schools.
3. A comparison of the achievement of pupils in each group identified in the statewide system of accountability for public schools with the performance targets established for that group.
4. The percentage of all pupils who were not tested, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.
5. Except as otherwise provided in subsection 2 of NRS 385A.400, the percentage of pupils who were not tested, reported separately by gender and reported separately for the groups identified in the statewide system of accountability for public schools.
6. The most recent 3-year trend in the achievement of pupils in each subject area tested and each grade level tested pursuant to NRS 390.105 and the college and career readiness assessment administered pursuant to NRS 390.610, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available.
7. [The] Except as otherwise provided in subsection 3 of NRS 385A.720, the rating of each public school, including, without limitation, each charter school, pursuant to the statewide system of accountability for public schools.
8. Information on whether each public school, including, without limitation, each charter school, has made progress based upon the model adopted by the Department pursuant to NRS 390.125, if applicable for the grade level of pupils enrolled at the school.
9. Information on the results of pupils who participated in the examinations of the National Assessment of Educational Progress required pursuant to NRS 390.830.
Sec. 5. NRS 385A.480 is hereby amended to read as follows:
385A.480 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 concerning pupils who are eligible for free or reduced-price breakfasts pursuant to 42 U.S.C. §§ 1771 et seq. and pupils who are eligible for free or reduced-price lunches pursuant to 42 U.S.C. §§ 1751 et seq., including, without limitation:
κ2021 Statutes of Nevada, Page 14 (CHAPTER 5, SB 83)κ
1. The number and percentage of pupils who are eligible for free or reduced-price breakfasts;
2. The number and percentage of pupils who receive free and reduced-price breakfasts;
3. The number and percentage of pupils who are eligible for free or reduced-price lunches;
4. The number and percentage of pupils who receive free and reduced-price lunches;
5. A comparison of the achievement and proficiency of pupils, reported separately by race and ethnicity, who are eligible for free or reduced-price breakfasts, pupils who receive free and reduced-price breakfasts, pupils who are eligible for free or reduced-price lunches, pupils who receive free and reduced-price lunches and pupils who are not eligible for free or reduced-price breakfasts or lunches;
6. A comparison of pupils, reported separately by race and ethnicity, who are eligible for free or reduced-price breakfasts, pupils who receive free and reduced-price breakfasts, pupils who are eligible for free or reduced-price lunches and pupils who receive free and reduced-price lunches for which data is required to be collected in the following areas:
(a) Retention rates;
(b) Graduation rates;
(c) Dropout rates;
(d) Grade point averages; and
(e) [Scores] Except as otherwise provided in subsection 6 of NRS 390.105, scores on the examinations administered pursuant to NRS 390.105 and the college and career readiness assessment administered pursuant to NRS 390.610.
Sec. 6. 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:
(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;
(b) The achievement and proficiency of pupils who are English learners in comparison to the pupils who are proficient in English;
(c) A comparison of pupils who are English learners and pupils who are proficient in the English language in the following areas:
(1) Retention rates;
(2) Graduation rates;
(3) Dropout rates;
(4) Grade point averages; and
(5) [Scores] Except as otherwise provided in subsection 6 of NRS 390.105, scores on the examinations administered pursuant to NRS 390.105 and the college and career readiness assessment administered pursuant to NRS 390.610; and
κ2021 Statutes of Nevada, Page 15 (CHAPTER 5, SB 83)κ
(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 390.610;
(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. 6.3. NRS 385A.600 is hereby amended to read as follows:
385A.600 1. The Department shall make every effort to obtain the approval necessary from the United States Department of Education to ensure that the statewide system of accountability for public schools complies with all requirements for the receipt of federal money under the Elementary and Secondary Education Act of 1965, 20 U.S.C. §§ 6301 et seq., as amended.
2. The statewide system of accountability applies to all public schools, regardless of Title I status, and must [:] , except as otherwise provided in subsection 3 of NRS 385A.720:
(a) Include a method to, on an annual basis, rate each public school based upon the performance of the school and based upon whether each public school meets the school achievement targets and performance targets established pursuant to the statewide system of accountability;
(b) Include a method to implement consequences, rewards and supports for public schools based upon the ratings;
(c) Include a method to provide grants and other financial support, to the extent that money is available from legislative appropriation, to public schools receiving one of the two lowest ratings of performance pursuant to the statewide system of accountability for public schools; and
(d) Establish school achievement targets and performance targets for public schools and performance targets for specific groups of pupils, including, without limitation, pupils who are economically disadvantaged, pupils from major racial and ethnic groups, pupils with disabilities and pupils who are English learners. The school achievement targets and performance targets must:
(1) Be based primarily upon the measurement of the progress and proficiency of pupils on the examinations administered pursuant to NRS 390.105; and
(2) For high schools, include the rate of graduation and the rate of attendance.
3. [The] Except as otherwise provided in subsection 3 of NRS 385A.720, the statewide system of accountability for public schools may include a method to:
κ2021 Statutes of Nevada, Page 16 (CHAPTER 5, SB 83)κ
(a) On an annual basis, rate school districts based upon the performance of the public schools within the school district and whether those public schools meet the school achievement targets and performance targets established pursuant to the statewide system of accountability; and
(b) Implement consequences, rewards and supports for school districts based upon the ratings.
Sec. 6.7. NRS 385A.720 is hereby amended to read as follows:
385A.720 1. Except as otherwise provided in subsection 3:
(a) Based upon the information received from the Department pursuant to NRS 385A.670, the board of trustees of each school district shall, on or before August 15 of each year, issue a preliminary rating for each public school in the school district in accordance with the statewide system of accountability for public schools, excluding charter schools sponsored by the State Public Charter School Authority or a college or university within the Nevada System of Higher Education.
(b) The board of trustees shall make preliminary ratings for all charter schools that are sponsored by the board of trustees.
(c) The Department shall make preliminary ratings for all charter schools sponsored by the State Public Charter School Authority and all charter schools sponsored by a college or university within the Nevada System of Higher Education.
2. Except as otherwise provided in subsection 3:
(a) Before making a final rating for a school, the board of trustees of the school district or the Department, as applicable, shall provide the school an opportunity to review the data upon which the preliminary rating is based and to present evidence.
(b) If the school is a public school of the school district or a charter school sponsored by the board of trustees, the board of trustees of the school district shall, in consultation with the Department, make a final determination concerning the rating for the school on September 15.
(c) If the school is a charter school sponsored by the State Public Charter School Authority or a college or university within the Nevada System of Higher Education, the Department shall make a final determination concerning the rating for the school on September 15.
3. The Department may temporarily waive or otherwise pause the requirement to make ratings for public schools that comply with 20 U.S.C. § 6311(c) pursuant to this section if the United States Department of Education grants a waiver from or otherwise pauses the requirements of 20 U.S.C. § 6311(c).
4. On or before September 15 of each year, the Department shall post on the Internet website maintained by the Department the determinations and final ratings made for all schools in this State.
Sec. 6.9. NRS 387.131 is hereby amended to read as follows:
387.131 1. On or before July 1 of each year, the Department shall, using the final count of pupils from the previous school year, determine the number of pupils in each public school who:
(a) Are English learners or are eligible for a free or reduced-price lunch pursuant to 42 U.S.C. §§ 1751 et seq.;
(b) Scored at or below the 25th percentile on an assessment of proficiency described in paragraphs (a) to (e), inclusive, of subsection 1 of NRS 387.137 or, for a grade level for which such an assessment does not exist or does not provide sufficient information to identify all such pupils, are projected to be at or below the 25th percentile for proficiency by the Department pursuant to subsection 2 of NRS 387.137;
κ2021 Statutes of Nevada, Page 17 (CHAPTER 5, SB 83)κ
exist or does not provide sufficient information to identify all such pupils, are projected to be at or below the 25th percentile for proficiency by the Department pursuant to subsection 2 of NRS 387.137;
(c) Are not enrolled at a Zoom school or Victory school; and
(d) Do not have an individualized education program.
2. On or before July 1 of each year, the Department shall determine, beginning with the category of all public schools that received the lowest rating possible indicating underperformance of a public school, as determined by the Department pursuant to the statewide system of accountability for public schools [,] for the most recent school year for which the public school received an annual rating, and proceeding through each category of all public schools that received the immediately higher rating until not all public schools within a category could be funded, each category of public schools for which the Department could provide a per pupil allocation of $1,200 from the Account for the New Nevada Education Funding Plan created by NRS 387.129 for the upcoming school year for each pupil identified in subsection 1 who is enrolled at each public school in the category.
3. If the Department determines that one or more categories of public schools could not be fully funded pursuant to subsection 2, the Department shall rank each public school within the lowest category of public schools that could not be fully funded pursuant to subsection 2 by the highest number of pupils identified in subsection 1 who are enrolled at each such public school.
4. On or before July 15 of each year, the Department shall transfer money from the Account for the New Nevada Education Funding Plan to the board of trustees of each school district and each sponsor of a charter school on a per pupil basis as follows:
(a) First, for each public school within a category identified in subsection 2 as capable of being fully funded which is located in the school district or sponsored by the sponsor, as applicable, an amount of $1,200 per pupil identified in subsection 1 who is enrolled at the public school; and
(b) Second, beginning with the highest ranked public school pursuant to subsection 3 and until the money in the Account for the New Nevada Education Funding Plan is exhausted, an amount of $1,200 per pupil identified in subsection 1 who is enrolled at the public school.
Κ The board of trustees of a school district or the sponsor of a charter school that receives money pursuant to this subsection shall distribute the money to each identified public school on a per pupil basis for each pupil identified in subsection 1 who is enrolled at the public school.
Sec. 7. NRS 387.137 is hereby amended to read as follows:
387.137 1. To determine the proficiency of a pupil pursuant to paragraph (b) of subsection 1 of NRS 387.131, the Department shall use, for a pupil who is:
(a) An English learner in any grade, the assessment of proficiency in the English language prescribed by the State Board pursuant to NRS 390.810.
(b) In kindergarten or grade 1 or 2, the assessment implemented by the Department for those grades.
(c) In grade 3, 4, 5, 6, 7 or 8, except as otherwise provided in subsection 6 of NRS 390.105, the examinations administered pursuant to NRS 390.105.
κ2021 Statutes of Nevada, Page 18 (CHAPTER 5, SB 83)κ
(d) In grade 9 or 10, the assessment implemented by the Department for those grades.
(e) In grade 11 or 12, the college and career readiness assessment administered pursuant to NRS 390.610.
2. The Department shall, by regulation, establish a method for projecting the number of pupils who are at or below the 25th percentile for proficiency in any grade level for which an assessment identified in subsection 1 does not exist or does not provide sufficient information to identify all such pupils. Such a method may allow for the number of pupils to be projected by examining:
(a) The proficiency of pupils in nearby grade levels if an assessment for a grade level has not been fully implemented; or
(b) Information on credit deficiency for any grade in high school for which insufficient information exists to identify all such pupils.
Sec. 7.2. NRS 388A.300 is hereby amended to read as follows:
388A.300 1. [The] Except as otherwise provided in subsection 3 of NRS 385A.720, the sponsor of a charter school shall terminate the charter contract of the charter school or restart the charter school under a new charter contract if the charter school receives, in any period of 5 consecutive school years, three annual ratings established as the lowest rating possible indicating underperformance of a public school, as determined by the Department pursuant to the statewide system of accountability for public schools.
2. A charter schools annual rating pursuant to the statewide system of accountability based upon the performance of the charter school must not be included in the count of annual ratings for the purposes of subsection 1 for any school year before the 2015-2016 school year.
3. If a charter contract is terminated or a charter school is restarted pursuant to subsection 1, the sponsor of the charter school shall submit a written report to the Department and the governing body of the charter school setting forth the reasons for the termination or restart of the charter school not later than 10 days after terminating the charter contract or restarting the charter school.
4. The provisions of NRS 388A.330 do not apply to the termination of a charter contract or restart of the charter school pursuant to this section.
5. The Department shall adopt regulations governing procedures to restart a charter school under a new charter contract pursuant to subsection 1. Such regulations must include, without limitation, requiring a charter school that is restarted to enroll a pupil who was enrolled in the charter school before the school was restarted before any other eligible pupil is enrolled.
Sec. 7.4. NRS 388A.456 is hereby amended to read as follows:
388A.456 1. Before a charter school enrolls pupils who are eligible for enrollment pursuant to NRS 388A.453, a charter school may enroll a child who:
(a) Is a sibling of a pupil who is currently enrolled in the charter school.
(b) Was enrolled, free of charge and on the basis of a lottery system, in a prekindergarten program at the charter school or any other early childhood educational program affiliated with the charter school.
(c) Is a child of a person:
(1) Who is employed by the charter school;
(2) Who is a member of the committee to form the charter school;
κ2021 Statutes of Nevada, Page 19 (CHAPTER 5, SB 83)κ
(3) Who is a member of the governing body of the charter school; or
(4) Who resides on or is employed on the federal military installation, if the charter school is located on a federal military installation;
(d) Is enrolled at a charter school with which the charter school has an articulation agreement, approved by the sponsor, providing for priority enrollment.
(e) Is in a particular category of at-risk pupils and the child meets the eligibility for enrollment prescribed by the charter school for that particular category.
(f) At the time his or her application is submitted, is enrolled in a public school of a school district with an enrollment that is more than 25 percent over the public schools intended capacity, as reported on the list maintained by the school district pursuant to subsection 4. If a charter school enrolls pupils who are enrolled in such a public school before enrolling other pupils who are eligible for enrollment, the charter school must enroll such pupils who reside within 2 miles of the charter school before enrolling other such pupils.
(g) At the time his or her application is submitted, is enrolled in a public school that received an annual rating established as one of the two lowest ratings possible indicating underperformance of a public school, as determined by the Department pursuant to the statewide system of accountability for public schools for the [immediately preceding] most recent school year [.] for which the public school received an annual rating. If a charter school enrolls pupils who are enrolled in such a public school before enrolling other pupils who are eligible for enrollment, the charter school must enroll such pupils who reside within 2 miles of the charter school before enrolling other such pupils.
(h) Resides within the school district and within 2 miles of the charter school if the charter school is located in an area that the sponsor of the charter school determines includes a high percentage of children who are at risk. If space is available after the charter school enrolls pupils pursuant to this paragraph, the charter school may enroll children who reside outside the school district but within 2 miles of the charter school if the charter school is located within an area that the sponsor determines includes a high percentage of children who are at risk.
2. If more pupils described in this section who are eligible apply for enrollment than the number of spaces available, the charter school shall determine which applicants to enroll pursuant to this section on the basis of a lottery system.
3. A lottery held pursuant to subsection 2 must be held not sooner than 45 days after the date on which a charter school begins accepting applications for enrollment unless the sponsor of the charter school determines there is good cause to hold it sooner.
4. Each school district shall create and maintain a list which specifies for each public school of the school district, the maximum enrollment capacity for each school, the actual number of pupils enrolled at each school and the percentage by which enrollment at each school exceeds the intended enrollment capacity, if applicable. Each school district shall post the list on the Internet website maintained by the school district as soon as practicable after the count of pupils is completed pursuant to NRS 387.1223 but not later than November 1 of each year.
κ2021 Statutes of Nevada, Page 20 (CHAPTER 5, SB 83)κ
Sec. 7.6. NRS 388A.518 is hereby amended to read as follows:
388A.518 1. Except as otherwise provided in this subsection, at least 70 percent of the teachers who provide instruction at a charter school must demonstrate experience and qualifications through licensure or subject matter expertise. If a charter school operates a vocational school, the charter school shall, to the extent practicable, ensure that at least 70 percent of the teachers who provide instruction at the school demonstrate experience and qualifications through licensure or subject matter expertise, but in no event may less than 50 percent of the teachers who provide instruction at the school demonstrate experience and qualifications through licensure or subject matter expertise.
2. If a charter school specializes in:
(a) Arts and humanities, physical education or health education, a teacher must demonstrate experience and qualifications through licensure or subject matter expertise to teach those courses of study.
(b) The construction industry or other building industry, teachers who are employed full-time to teach courses of study relating to business and industry must:
(1) Demonstrate experience and qualifications through subject matter expertise; or
(2) Hold a license issued by the Superintendent of Public Instruction which contains an endorsement to teach such courses.
3. A teacher who is employed by a charter school, regardless of the date of hire, must demonstrate experience and qualifications through licensure or subject matter expertise if the teacher teaches one or more of the following subjects:
(a) English language arts;
(b) Mathematics;
(c) Science;
(d) A foreign or world language;
(e) Civics or government;
(f) Economics;
(g) Geography;
(h) History; or
(i) The arts.
4. Except as otherwise provided in NRS 388A.515, a charter school may employ a person who does not demonstrate experience and qualifications through licensure or subject matter expertise to teach a course of study for which a teacher is not required to demonstrate such experience and qualifications if the person has:
(a) A degree, a license or a certificate in the field for which the person is employed to teach at the charter school; and
(b) At least 2 years of experience in that field.
5. A teacher who is employed by a charter school to teach special education or English as a second language must be licensed to teach special education or English as a second language, as applicable.
6. For purposes of this section, a teacher demonstrates experience and qualifications through licensure or subject matter expertise:
(a) If the teacher is employed by a charter school that has not received, within the [immediately preceding] most recent 2 consecutive school years [,] for which the charter school received an annual rating, one of the three highest ratings of performance pursuant to the statewide system of accountability for public schools, or equivalent ratings in another state, as determined by the Department, and the:
κ2021 Statutes of Nevada, Page 21 (CHAPTER 5, SB 83)κ
[,] for which the charter school received an annual rating, one of the three highest ratings of performance pursuant to the statewide system of accountability for public schools, or equivalent ratings in another state, as determined by the Department, and the:
(1) Overall performance of the teacher has been reported as effective or highly effective, in accordance with the regulations adopted by the State Public Charter School Authority; and
(2) Teacher is licensed to teach pursuant to chapter 391 of NRS.
(b) If the teacher is employed by a charter school that has received, within the [immediately preceding] most recent 2 consecutive school years [,] for which the charter school received an annual rating, one of the three highest ratings of performance pursuant to the statewide system of accountability for public schools, or equivalent ratings in another state, as determined by the Department, and the:
(1) Overall performance of the teacher has been reported as effective or highly effective, in accordance with the regulations adopted by the State Public Charter School Authority, regardless of whether the teacher is licensed to teach pursuant to chapter 391 of NRS; or
(2) The teacher holds a bachelors degree or a graduate degree from an accredited college or university and has demonstrated expertise in the subject area for which the teacher provides instruction on an assessment approved by the Department, in consultation with sponsors of charter schools described in this paragraph, regardless of whether the teacher is licensed to teach pursuant to chapter 391 of NRS.
7. If a charter school that has received within the [immediately preceding] most recent 2 consecutive school years [,] for which the charter school received an annual rating, one of the three highest ratings of performance pursuant to the statewide system of accountability for public schools, or equivalent ratings in another state, as determined by the Department, intends to employ persons to teach who are not licensed, the charter school shall within 3 years:
(a) Obtain approval for and offer an alternative route to licensure pursuant to NRS 391.019; or
(b) Enter into an agreement with a qualified provider of an alternative route to licensure to provide the required education and training to unlicensed teachers who are employed by the school to teach such a course of study.
Sec. 7.8. NRS 388A.650 is hereby amended to read as follows:
388A.650 Except as otherwise provided in NRS 388A.685, the Director of the Department of Business and Industry shall not finance a project unless, before financing the project, the Director of the Department of Business and Industry finds and the State Board of Finance approves the findings of the Director of the Department of Business and Industry that:
1. The project consists of any land, building or other improvement, and all real and personal properties necessary in connection therewith, which is suitable for new construction, improvement, restoration or rehabilitation of charter school facilities;
2. The charter school for whose benefit the project is being financed is not in default under the charter contract granted by its sponsor, as determined by the sponsor;
κ2021 Statutes of Nevada, Page 22 (CHAPTER 5, SB 83)κ
3. The charter school for whose benefit the project is being financed has received, within the [immediately preceding] most recent 2 consecutive school years [,] for which the charter school received an annual rating, one of the three highest ratings of performance pursuant to the statewide system of accountability for public schools, or has received equivalent ratings in another state, as determined by the Department of Education;
4. There are sufficient safeguards to ensure that all money provided by the Director of the Department of Business and Industry will be expended solely for the purposes of the project;
5. There are sufficient safeguards to ensure that the Director of the Department of Business and Industry will have the ability to monitor compliance with the provisions of NRS 388A.550 to 388A.695, inclusive, on an ongoing basis with respect to the project;
6. Through the advice of counsel or other reliable source, the project has received all approvals by the local, state and federal governments which may be necessary to proceed with construction, improvement, rehabilitation or redevelopment of the project; and
7. There has been a request by a charter school, lessee, purchaser or other obligor to have the Director of the Department of Business and Industry issue bonds to finance the project.
Sec. 8. NRS 390.105 is hereby amended to read as follows:
390.105 1. [The] Except as otherwise provided in subsection 6, 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
(b) The period during which the examinations prescribed by the State Board pursuant to subsection 1 must be administered.
κ2021 Statutes of Nevada, Page 23 (CHAPTER 5, SB 83)κ
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 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.
6. The Department may temporarily waive or otherwise pause the requirement to administer examinations that comply with 20 U.S.C. § 6311(b)(2) pursuant to this section if the United States Department of Education grants a waiver from or otherwise pauses the requirements of 20 U.S.C. § 6311(b)(2).
Sec. 9. NRS 390.125 is hereby amended to read as follows:
390.125 1. The Department shall adopt a model to measure the achievement of pupils enrolled in grades 3 to 8, inclusive, except as otherwise provided in subsection 6 of NRS 390.105, based upon the results of the examinations administered pursuant to NRS 390.105. The model must be designed so that the progress of pupils enrolled in a public school may be tracked from year to year to determine whether the school has made progress in the achievement of pupils.
2. The board of trustees of each school district and the governing body of each charter school shall apply the model in the format required by the Department. The information collected must be used to determine whether individual schools have made progress in the achievement of pupils.
Sec. 10. NRS 390.290 is hereby amended to read as follows:
390.290 1. If the Department determines that:
(a) At least one irregularity in testing administration occurred at a school, including, without limitation, a charter school, during 1 school year on the examinations administered pursuant to NRS 390.105;
(b) In the immediately succeeding school year [,] in which an examination was administered pursuant to NRS 390.105, at least one additional irregularity in testing administration occurred at that school on the examinations administered pursuant to NRS 390.105; and
(c) Based upon the criteria set forth in subsection 2, the irregularities described in paragraphs (a) and (b) warrant an additional administration of the examinations,
Κ the Department shall notify the school and the school district in which the school is located that the school is required to provide for an additional administration of the examinations to pupils who are enrolled in a grade that is required to take the examinations pursuant to NRS 390.105 or to the pupils the Department determines must take the additional administration pursuant to subsection 3.
κ2021 Statutes of Nevada, Page 24 (CHAPTER 5, SB 83)κ
the Department determines must take the additional administration pursuant to subsection 3. The additional administration must occur in the same school year in which the irregularity described in paragraph (b) occurred. Except as otherwise provided in this subsection, the school district shall pay for all costs related to the administration of examinations pursuant to this subsection. If a charter school is required to administer examinations pursuant to this subsection, the charter school shall pay for all costs related to the administration of the examinations to pupils enrolled in the charter school.
2. In determining whether to require a school to provide for an additional administration of examinations pursuant to this section, the Department shall consider:
(a) The effect of each irregularity in testing administration, including, without limitation, whether the irregularity required the scores of pupils to be invalidated; and
(b) Whether sufficient time remains in the school year to provide for an additional administration of examinations.
3. If the Department determines pursuant to subsection 2 that a school must provide for an additional administration of examinations, the Department may consider whether the most recent irregularity in testing administration affected the test scores of a limited number of pupils and require the school to provide an additional administration of examinations pursuant to this section only to those pupils whose test scores were affected by the most recent irregularity.
4. The Department shall provide as many notices pursuant to this section during 1 school year as are applicable to the irregularities occurring at a school. A school shall provide for additional administrations of examinations pursuant to this section within 1 school year as applicable to the irregularities occurring at the school.
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 upon passage and approval.
________
κ2021 Statutes of Nevada, Page 25κ
Assembly Bill No. 9Committee on Revenue
CHAPTER 6
[Approved: April 8, 2021]
AN ACT relating to taxation; authorizing the Department of Taxation to disclose certain confidential information to the Budget Division of the Office of Finance under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Department of Taxation, which has various powers and duties related to the administration and collection of certain taxes, fees, assessments and other amounts of money or the imposition of disciplinary action. (Chapter 360 of NRS) Existing law makes confidential and privileged the records and files of the Department of Taxation concerning the administration and collection of those taxes, fees, assessments and other amounts and the imposition of disciplinary action, but authorizes the disclosure of such records and files under certain circumstances. (NRS 360.255) Existing law creates the Office of Finance in the Office of the Governor, consisting of the Budget Division and the Division of Internal Audits. (NRS 223.400) Under existing law, the Budget Division has various powers and duties relating to preparation of the budget for the Executive Department of the State Government, the fiscal management of the Executive Department and the projection of revenue, including the provision of technical assistance to the Economic Forum. (Chapter 353 of NRS) This bill authorizes the disclosure of the records and files of the Department concerning the administration and collection of certain taxes, fees, assessments and other amounts and the imposition of disciplinary action to the Budget Division of the Office of Finance for use in the projection of revenue.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 360.255 is hereby amended to read as follows:
360.255 1. Except as otherwise provided in this section and NRS 239.0115 and 360.250, the records and files of the Department concerning the administration or collection of any tax, fee, assessment or other amount required by law to be collected or the imposition of disciplinary action are confidential and privileged. The Department, an employee of the Department and any other person engaged in the administration or collection of any tax, fee, assessment or other amount required by law to be collected or the imposition of disciplinary action or charged with the custody of any such records or files:
(a) Shall not disclose any information obtained from those records or files; and
(b) May not be required to produce any of the records or files for the inspection of any person or governmental entity or for use in any action or proceeding.
2. The records and files of the Department concerning the administration and collection of any tax, fee, assessment or other amount required by law to be collected or the imposition of disciplinary action are not confidential and privileged in the following cases:
κ2021 Statutes of Nevada, Page 26 (CHAPTER 6, AB 9)κ
(a) Testimony by a member or employee of the Department and production of records, files and information on behalf of the Department or a person in any action or proceeding before the Nevada Tax Commission, the State Board of Equalization, the Department, a grand jury or any court in this State if that testimony or the records, files or information, or the facts shown thereby, are directly involved in the action or proceeding.
(b) Delivery to a person or his or her authorized representative of a copy of any document filed by the person pursuant to the provisions of any law of this State.
(c) Publication of statistics so classified as to prevent the identification of a particular business or document.
(d) Exchanges of information with the Internal Revenue Service in accordance with compacts made and provided for in such cases, or disclosure to any federal agency, state or local law enforcement agency, including, without limitation, the Cannabis Compliance Board, or local regulatory agency that requests the information for the use of the agency in a federal, state or local prosecution or criminal, civil or regulatory investigation.
(e) Disclosure in confidence to [the] :
(1) The Governor or his or her agent in the exercise of the Governors general supervisory powers [, or to any] ;
(2) The Budget Division of the Office of Finance for use in the projection of revenue;
(3) Any person authorized to audit the accounts of the Department in pursuance of an audit [, or to the] ;
(4) The Attorney General or other legal representative of the State in connection with an action or proceeding relating to a taxpayer or licensee ; [,] or [to any]
(5) Any agency of this or any other state charged with the administration or enforcement of laws relating to workers compensation, unemployment compensation, public assistance, taxation, labor or gaming.
(f) Exchanges of information pursuant to an agreement between the Nevada Tax Commission and any county fair and recreation board or the governing body of any county, city or town.
(g) Upon written request made by a public officer of a local government, disclosure of the name and address of a taxpayer or licensee who must file a return with the Department. The request must set forth the social security number of the taxpayer or licensee about which the request is made and contain a statement signed by the proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. Except as otherwise provided in NRS 239.0115, the information obtained by the local government is confidential and privileged and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to that local government. The Executive Director may charge a reasonable fee for the cost of providing the requested information.
(h) Disclosure of information as to amounts of any unpaid tax or amounts of tax required to be collected, interest and penalties to successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested.
κ2021 Statutes of Nevada, Page 27 (CHAPTER 6, AB 9)κ
(i) Disclosure of relevant information as evidence in an appeal by the taxpayer from a determination of tax due if the Nevada Tax Commission has determined the information is not proprietary or confidential in a hearing conducted pursuant to NRS 360.247.
(j) Disclosure of the identity of a person and the amount of tax assessed and penalties imposed against the person at any time after a determination, decision or order of the Executive Director or other officer of the Department imposing upon the person a penalty for fraud or intent to evade a tax imposed by law becomes final or is affirmed by the Nevada Tax Commission.
(k) Disclosure of the identity of a licensee against whom disciplinary action has been taken and the type of disciplinary action imposed against the licensee at any time after a determination, decision or order of the Executive Director or other officer of the Department imposing upon the licensee disciplinary action becomes final or is affirmed by the Nevada Tax Commission.
(l) Disclosure of information pursuant to subsection 2 of NRS 370.257.
(m) With respect to an application for a registration certificate to operate a medical marijuana establishment pursuant to chapter 453A of NRS, as that chapter existed on June 30, 2020, or a license to operate a marijuana establishment pursuant to chapter 453D of NRS, as that chapter existed on June 30, 2020, which was submitted on or after May 1, 2017, and on or before June 30, 2020, and regardless of whether the application was ultimately approved, disclosure of the following information:
(1) The identity of an applicant, including, without limitation, any owner, officer or board member of an applicant;
(2) The contents of any tool used by the Department to evaluate an applicant;
(3) The methodology used by the Department to score and rank applicants and any documentation or other evidence showing how that methodology was applied; and
(4) The final ranking and scores of an applicant, including, without limitation, the score assigned to each criterion in the application that composes a part of the total score of an applicant.
(n) Disclosure of the name of a licensee and the jurisdiction of that licensee pursuant to chapter 453A or 453D of NRS, as those chapters existed on June 30, 2020, and any regulations adopted pursuant thereto.
3. The Executive Director shall periodically, as he or she deems appropriate, but not less often than annually, transmit to the Administrator of the Division of Industrial Relations of the Department of Business and Industry a list of the businesses of which the Executive Director has a record. The list must include the mailing address of the business as reported to the Department.
4. The Executive Director may request from any other governmental agency or officer such information as the Executive Director deems necessary to carry out his or her duties with respect to the administration or collection of any tax, fee, assessment or other amount required by law to be collected or the imposition of disciplinary action. If the Executive Director obtains any confidential information pursuant to such a request,
κ2021 Statutes of Nevada, Page 28 (CHAPTER 6, AB 9)κ
obtains any confidential information pursuant to such a request, he or she shall maintain the confidentiality of that information in the same manner and to the same extent as provided by law for the agency or officer from whom the information was obtained.
5. As used in this section:
(a) Applicant means any person listed on the application for a registration certificate to operate a medical marijuana establishment pursuant to chapter 453A of NRS, as that chapter existed on June 30, 2020, or a license to operate a marijuana establishment pursuant to chapter 453D of NRS, as that chapter existed on June 30, 2020.
(b) Disciplinary action means any suspension or revocation of a license, registration, permit or certificate issued by the Department pursuant to this title or chapter 453A or 453D of NRS, as those chapters existed on June 30, 2020, or any other disciplinary action against the holder of such a license, registration, permit or certificate.
(c) Licensee means a person to whom the Department has issued a license, registration, permit or certificate pursuant to this title or chapter 453A or 453D of NRS, as those chapters existed on June 30, 2020. The term includes, without limitation, any owner, officer or board member of an entity to whom the Department has issued a license.
(d) Records or files means any records and files related to an investigation or audit or a disciplinary action, financial information, correspondence, advisory opinions, decisions of a hearing officer in an administrative hearing and any other information specifically related to a taxpayer or licensee.
(e) Taxpayer means a person who pays any tax, fee, assessment or other amount required by law to the Department.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 29κ
Assembly Bill No. 62Committee on Health and Human Services
CHAPTER 7
[Approved: April 21, 2021]
AN ACT relating to the Nevada ABLE Savings Program; revising provisions governing regulations adopted to carry out the Program; authorizing the State Treasurer to apply for and accept any gift, grant, donation, bequest or other source of money to carry out the Program; revising provisions governing the Endowment Account established in the State General Fund related to the Program; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Federal law provides for the establishment and maintenance of programs by states known as ABLE programs, under which tax-advantaged savings accounts are created for persons who have certain qualifying disabilities. Subject to certain limitations in federal law, any person, including family members, may make a contribution to such an account and any interest or other growth in the value of the account and distributions taken from the account are tax free. Under federal law, distributions from the account may only be used to pay expenses related to living a life with a disability and may include such things as education, housing, transportation, assistive technology, and employment training and support. (Achieving a Better Life Experience Act of 2014, 26 U.S.C. § 529A) Existing state law requires the State Treasurer to establish or otherwise ensure the establishment of the Nevada ABLE Savings Program as a qualified program pursuant to 26 U.S.C. § 529A. (NRS 427A.882-427A.896)
Existing law authorizes the State Treasurer to adopt regulations to establish and carry out the Nevada ABLE Savings Program. (NRS 427A.889) Section 1 of this bill specifically authorizes such regulations to include procedures for the administration of the Nevada ABLE Savings Program, including: (1) a procedure for enrolling in the Program; (2) procedures for a person to access information regarding a savings trust account; (3) methods and incentives to encourage contributions to a savings trust account; and (4) a procedure for distributions from a savings trust account. Section 1 also authorizes the State Treasurer to apply for and accept any gift, grant, donation, bequest or other source of money to carry out the Nevada ABLE Savings Program.
Existing law requires the State Treasurer to establish such accounts as he or she determines necessary to carry out his or her duties relating to the Nevada ABLE Savings Program, including: (1) a Program Account in the Nevada ABLE Savings Program Trust Fund; and (2) an Administrative Account and an Endowment Account in the State General Fund. Existing law requires the Endowment Account to be used for the deposit of any money received by the Nevada ABLE Savings Program that is not received pursuant to a savings trust agreement and, in the determination of the State Treasurer, is not necessary for the use of the Administrative Account. Existing law authorizes the money in the Endowment Account to be expended for any purpose related to the Nevada ABLE Savings Program. (NRS 427A.893) Section 2 of this bill specifically provides that: (1) any gift, grant, donation, bequest or other source of money received by the State Treasurer to carry out the Nevada ABLE Savings Program must be deposited in the Endowment Account; and (2) money in the Endowment Account may be expended for contributions to savings trust accounts.
κ2021 Statutes of Nevada, Page 30 (CHAPTER 7, AB 62)κ
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 427A.889 is hereby amended to read as follows:
427A.889 1. The State Treasurer may adopt regulations to establish and carry out the Nevada ABLE Savings Program to comply with the requirements of a qualified ABLE program pursuant to 26 U.S.C. § 529A, as amended.
2. The regulations must be consistent with the provisions of the Internal Revenue Code set forth in Title 26 of the United States Code, and any regulations adopted pursuant thereto, to ensure that the Nevada ABLE Savings Program meets all criteria for federal tax-deferred or tax-exempt benefits, or both.
3. The regulations must provide for the use of savings trust agreements and savings trust accounts to apply distributions toward qualified disability expenses in accordance with 26 U.S.C. § 529A, as amended.
4. The regulations may include any other provisions not inconsistent with federal law that the State Treasurer determines are necessary for the efficient and effective administration of the Nevada ABLE Savings Program and the Trust Fund, including, without limitation:
(a) Procedures for the administration of the Nevada ABLE Savings Program, including, without limitation:
(1) A procedure for enrolling in the Program;
(2) Procedures for a person to access information regarding a savings trust account, including, without limitation, the balance in the account;
(3) Methods and incentives to encourage contributions to a savings trust account; and
(4) A procedure for distributions from a savings trust account;
(b) Provisions for the charging and collection of administrative fees and charges in connection with any transaction relating to the Nevada ABLE Savings Program, including, without limitation, fees or charges related to continued participation in the Program;
[(b)] (c) A requirement that any money deposited in accordance with a savings trust agreement, and any increase in the value thereof or qualified withdrawal taken therefrom, is not subject to attachment, levy or execution by any creditor of a contributor, account owner or designated beneficiary and may not be used as security for a loan;
[(c)] (d) A requirement that any money deposited in accordance with a savings trust agreement, and any increase in the value thereof or qualified withdrawal taken therefrom, must not be used to calculate the personal assets of a designated beneficiary or account owner to determine eligibility for any disability, medical or other health benefits administered by this State; and
[(d)] (e) A requirement that any money deposited in accordance with a savings trust agreement, and any increase in the value thereof or qualified withdrawal taken therefrom, must not be used to calculate the personal assets of a designated beneficiary or account owner to determine eligibility or need for any student loan program, student grant program or any other student aid program administered by this State, except as otherwise provided for in federal law.
κ2021 Statutes of Nevada, Page 31 (CHAPTER 7, AB 62)κ
5. If the State Treasurer does not adopt regulations pursuant to this section to establish and carry out the Nevada ABLE Savings Program, the State Treasurer shall otherwise ensure that the Nevada ABLE Savings Program is established and carried out pursuant to NRS 427A.882 to 427A.896, inclusive.
6. The State Treasurer may apply for and accept any gift, grant, donation, bequest or other source of money to carry out the Nevada ABLE Savings Program.
Sec. 2. NRS 427A.893 is hereby amended to read as follows:
427A.893 1. The Trust Fund and any account established by the State Treasurer pursuant to this section must be administered by the State Treasurer.
2. In carrying out the provisions of NRS 427A.882 to 427A.896, inclusive, the State Treasurer may use any administrative or investment agreements or arrangements used for the Nevada College Savings Program created pursuant to NRS 353B.300 to 353B.370, inclusive, without soliciting separate proposals for assistance with the management of all or part of the Nevada ABLE Savings Program.
3. The State Treasurer shall establish such accounts as he or she determines necessary to carry out his or her duties pursuant to NRS 427A.882 to 427A.896, inclusive, including, without limitation:
(a) A Program Account in the Trust Fund; and
(b) An Administrative Account and an Endowment Account in the State General Fund.
4. The Program Account must be used for the receipt, investment and disbursement of money pursuant to savings trust agreements.
5. The Administrative Account must be used for the deposit and disbursement of money to administer and market the Nevada ABLE Savings Program.
6. The Endowment Account must be used for the deposit of any money received by the Nevada ABLE Savings Program pursuant to subsection 6 of NRS 427A.889 or that is not received pursuant to a savings trust agreement and, in the determination of the State Treasurer, is not necessary for the use of the Administrative Account. The money in the Endowment Account may be expended for any purpose related to the Nevada ABLE Savings Program , including, without limitation, for contributions to savings trust accounts, or in any other manner which assists residents of this State who are eligible individuals as defined in 26 U.S.C. § 529A, as amended.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 32κ
Assembly Bill No. 12Committee on Growth and Infrastructure
CHAPTER 8
[Approved: May 4, 2021]
AN ACT relating to transportation; revising the qualifications for a Deputy Director of the Department of Transportation; moving the position of Chief Engineer of the Department from the classified service to the unclassified service of the State; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Department of Transportation, which is administered by a seven-member Board of Directors and has various powers and duties relating to the construction, improvement and maintenance of the highways in this State. (Chapter 408 of NRS) Under existing law, the Department consists of a Director, three Deputy Directors, a Chief Engineer and certain Divisions, which are headed by assistant directors. (NRS 408.111) In addition to certain educational requirements, existing law requires that a Deputy Director have: (1) at least 2 years of administrative experience as the assistant director, the Chief Engineer or the head of the Engineering or Planning Division of the Department; or (2) equivalent experience. (NRS 408.178) This bill: (1) clarifies that the positions to which the minimum qualification of 2 years of administrative experience apply are any assistant director of the Department or the Chief Engineer; and (2) changes the alternative experience qualification to a minimum of 15 years of progressively responsible experience in engineering or project management. This bill also moves the position of Chief Engineer in existing law from the classified service to the unclassified service of the State. (NRS 408.178)
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 408.178 is hereby amended to read as follows:
408.178 1. Each Deputy Director:
(a) Is in the unclassified service of the State.
(b) Must hold a masters degree in public or business administration, hold the degree of bachelor of science in civil, structural, mechanical or industrial engineering, or be a licensed professional engineer.
(c) Must have at least [2] :
(1) Two years of administrative experience as [the] an assistant director [,] or the Chief Engineer ; or [the head of the Engineering or Planning Division of the Department, or have equivalent]
(2) Fifteen years of progressively responsible experience [.] in engineering or project management.
2. The Chief Engineer:
(a) Is in the [classified] unclassified service of the State.
(b) Must be a licensed professional engineer.
(c) Except as otherwise provided in subsection 3, must have at least 3 years of experience as the final engineering authority for a states agency which has duties similar to those of the Department.
κ2021 Statutes of Nevada, Page 33 (CHAPTER 8, AB 12)κ
3. If the Director or the Deputy Director appointed pursuant to paragraph (a) of subsection 1 of NRS 408.175 is a licensed professional engineer, he or she may also act as the Departments Chief Engineer.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 16Committee on Health and Human Services
CHAPTER 9
[Approved: May 4, 2021]
AN ACT relating to vital statistics; prohibiting the charging of fees for the issuance of copies of certificates and records of birth to persons who are imprisoned; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prohibits the charging of fees for the issuance of copies of certificates and records of birth to homeless persons and persons released from prison within the immediately preceding 90 days. (NRS 440.175, 440.700) This bill prohibits the charging of such fees to persons who are imprisoned.
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 440.175 is hereby amended to read as follows:
440.175 1. Upon request, the State Registrar may furnish statistical data to any federal, state, local or other public or private agency, upon such terms or conditions as may be prescribed by the Board.
2. No person may prepare or issue any document which purports to be an original, certified copy, certified abstract or official copy of:
(a) A certificate of birth, death or fetal death, except as authorized in this chapter or by the Board.
(b) A certificate of marriage, except a county clerk, county recorder or a person so required pursuant to NRS 122.120.
(c) A decree of divorce or annulment of marriage, except a county clerk or the judge of a court of record.
3. A person or governmental organization which issues certified or official copies pursuant to paragraph (a) of subsection 2 shall:
(a) Not charge a fee for issuing a certified or official copy of a certificate of birth to:
(1) A homeless person who submits a signed affidavit on a form prescribed by the State Registrar stating that the person is homeless.
(2) A person who submits documentation from the Department of Corrections verifying that the person is imprisoned or was released from prison within the immediately preceding 90 days.
(b) Remit to the State Registrar fees collected which are charged in an amount established by the State Registrar by regulation:
κ2021 Statutes of Nevada, Page 34 (CHAPTER 9, AB 16)κ
(1) For each registration of a birth or death in its district.
(2) For each copy issued of a certificate of birth in its district, other than a copy issued pursuant to paragraph (a).
(3) For each copy issued of a certificate of death in its district.
Sec. 2. NRS 440.700 is hereby amended to read as follows:
440.700 1. Except as otherwise provided in this section, the State Registrar shall charge and collect a fee in an amount established by the State Registrar by regulation:
(a) For searching the files for one name, if no copy is made.
(b) For verifying a vital record.
(c) For establishing and filing a record of paternity, other than a hospital-based paternity, and providing a certified copy of the new record.
(d) For a certified copy of a record of birth.
(e) For a certified copy of a record of death originating in a county in which the board of county commissioners has not created an account for the support of the office of the county coroner pursuant to NRS 259.025.
(f) For a certified copy of a record of death originating in a county in which the board of county commissioners has created an account for the support of the office of the county coroner pursuant to NRS 259.025.
(g) For correcting a record on file with the State Registrar and providing a certified copy of the corrected record.
(h) For replacing a record on file with the State Registrar and providing a certified copy of the new record.
(i) For filing a delayed certificate of birth and providing a certified copy of the certificate.
(j) For the services of a notary public, provided by the State Registrar.
(k) For an index of records of marriage provided on microfiche to a person other than a county clerk or a county recorder of a county of this State.
(l) For an index of records of divorce provided on microfiche to a person other than a county clerk or a county recorder of a county in this State.
(m) For compiling data files which require specific changes in computer programming.
2. The fee collected for furnishing a copy of a certificate of birth or death must include the sum of $3 for credit to the Childrens Trust Account created by NRS 432.131.
3. The fee collected for furnishing a copy of a certificate of death must include the sum of $1 for credit to the Review of Death of Children Account created by NRS 432B.409.
4. The fee collected for furnishing a copy of a certificate of death must include the sum of 50 cents for credit to the Grief Support Trust Account created by NRS 439.5132.
5. The State Registrar shall not charge a fee for furnishing a certified copy of a record of birth to:
(a) A homeless person, including, without limitation, a homeless child or youth, who submits a signed affidavit on a form prescribed by the State Registrar stating that the person is homeless.
(b) A person who submits documentation from the Department of Corrections verifying that the person is imprisoned or was released from prison within the immediately preceding 90 days.
κ2021 Statutes of Nevada, Page 35 (CHAPTER 9, AB 16)κ
(c) A staff person of a local educational agency who has been designated pursuant to 42 U.S.C. § 11432(g)(1)(J)(ii) for a certified copy of a record of birth of a homeless child or youth who is enrolled in the local educational agency.
(d) A social worker licensed to practice in this State, for a certified copy of a record of birth of a homeless child or youth who is a client of the social worker.
6. The fee collected for furnishing a copy of a certificate of death originating in a county in which the board of county commissioners has created an account for the support of the office of the county coroner pursuant to NRS 259.025 must include the sum of $4 for credit to the account for the support of the office of the county coroner of the county in which the certificate originates.
7. Upon the request of any parent or guardian or an unaccompanied youth, the State Registrar shall supply, without the payment of a fee, a certificate limited to a statement as to the date of birth of any child or of the unaccompanied youth as disclosed by the record of such birth when the certificate is necessary for admission to school or for securing employment.
8. The United States Bureau of the Census may obtain, without expense to the State, transcripts or certified copies of births and deaths without payment of a fee.
9. As used in this section:
(a) Homeless child or youth has the meaning ascribed to it in 42 U.S.C. § 11434a.
(b) Local educational agency has the meaning ascribed to it in 42 U.S.C. § 11434a.
(c) Unaccompanied youth has the meaning ascribed to it in 42 U.S.C. § 11434a.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 26Committee on Growth and Infrastructure
CHAPTER 10
[Approved: May 4, 2021]
AN ACT relating to energy assistance; revising provisions relating to the Fund for Energy Assistance and Conservation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Division of Welfare and Supportive Services of the Department of Health and Human Services to report annually to the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means or the Interim Finance Committee, as applicable, the amount of money in the Fund for Energy Assistance and Conservation that has been allocated to and received by the Division during all preceding fiscal years and remains unspent and unencumbered as of December 31 of the current fiscal year. Based upon the report, the Division of Welfare and Supportive Services may be required to distribute as much as 30 percent of that unspent and unencumbered money to the Housing Division of the Department of Business and Industry, to be used for programs of energy conservation, weatherization and energy efficiency.
κ2021 Statutes of Nevada, Page 36 (CHAPTER 10, AB 26)κ
weatherization and energy efficiency. (NRS 702.270, 702.275) This bill clarifies that the report must specify the amount of money in the Fund that has been allocated to and received by the Division of Welfare and Supportive Services on or before June 30 of all preceding fiscal years and remains unspent and unencumbered as of December 31 of the current fiscal year. This bill also clarifies that the Division may be required to distribute to the Housing Division not more than 30 percent of the money in the Fund that has been allocated to and received by the Division on or before June 30 of all preceding fiscal years and remains unspent and unencumbered.
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 702.275 is hereby amended to read as follows:
702.275 1. On or before January 5 of each year, the Division of Welfare and Supportive Services shall submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means during a regular or special session of the Legislature, or the Interim Finance Committee when the Legislature is not in session, which specifies the amount of all money in the Fund which was allocated to and received by the Division of Welfare and Supportive Services [during] on or before June 30 of all preceding fiscal years pursuant to NRS 702.260 and which remains unspent and unencumbered as of December 31 of the current fiscal year.
2. Based upon the report submitted pursuant to subsection 1 and any other information available, the Senate Standing Committee on Finance or the Assembly Standing Committee on Ways and Means during a regular or special session of the Legislature, or the Interim Finance Committee when the Legislature is not in session, may require the Division of Welfare and Supportive Services to distribute not more than 30 percent of all the money in the Fund which was allocated to and received by the Division of Welfare and Supportive Services [during] on or before June 30 of all preceding fiscal years pursuant to NRS 702.260 and which remains unspent and unencumbered as of December 31 of the current fiscal year to the Housing Division for the programs authorized by NRS 702.270. The Housing Division may use not more than 6 percent of the money distributed pursuant to this section for its administrative expenses.
Sec. 2. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 37κ
Assembly Bill No. 41Committee on Growth and Infrastructure
CHAPTER 11
[Approved: May 4, 2021]
AN ACT relating to vehicles; revising provisions governing the application and issuance of certain permits by the Department of Transportation for the operation of certain vehicles; authorizing the Department to grant a waiver from the maximum width of oversized manufactured or mobile homes or similar structures; revising provisions governing the measurement of the height, length and width of certain vehicles carrying loads; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the maximum permissible height of a vehicle operating on any highway in this State is 14 feet measured from the surface on which the vehicle stands, except the maximum permissible height of a vehicle carrying a load of baled hay is 15 feet. (NRS 484D.605) Section 1 of this bill clarifies that the maximum permissible height of a vehicle carrying a load of baled hay is measured from the surface on which the vehicle stands.
Existing law authorizes the Department of Transportation to issue a permit, upon application in writing, for an applicant to: (1) operate or move a vehicle, combination of vehicles, special mobile equipment or load thereon of a size or weight exceeding the legal maximum, use corrugations on a traction engine or tractor, or operate or move a vehicle otherwise prohibited by law; (2) move an oversized manufactured or mobile home or similar structure; or (3) operate or move a vehicle with an oversized load. (NRS 484D.685, 484D.715, 484D.720, 484D.725) Sections 2-5 of this bill remove the requirement that an application for such a permit be made in writing. Sections 3 and 4 of this bill remove the requirement under existing law that a permit to move an oversized manufactured or mobile home or similar structure be issued by the Department in writing. (NRS 484D.715, 484D.720)
Under existing law, a special or multiple trip-limited time permit to move a manufactured or mobile home or similar vehicle or structure may be issued for a vehicle or structure in excess of 120 inches in width but not more than 192 inches in width. (NRS 484D.720) Section 4 authorizes an applicant for such a permit to request a waiver from the Department from the maximum of 192 inches in width.
Existing law provides for the issuance of a permit for an oversized load to operate or move a vehicle that exceeds a certain height, length or width. (NRS 484D.725) Section 5 of this bill provides that for the purposes of the issuance of such a permit: (1) the measurement of height is from the surface on which the vehicle stands; (2) the measurement of length is from the front bumper or front overhang to the rear bumper or rear overhang, whichever is longer; and (3) the measurement of width is from the widest point on each side.
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 484D.605 is hereby amended to read as follows:
484D.605 1. Except as otherwise provided in subsections 2, 3 and 4, a vehicle must not be operated on any highway of this State if its height, including any load, exceeds 14 feet measured from the surface on which the vehicle stands.
κ2021 Statutes of Nevada, Page 38 (CHAPTER 11, AB 41)κ
2. The maximum permissible height of a load of baled hay is 15 feet [.] measured from the surface on which the vehicle carrying the load stands.
3. The Department of Transportation shall issue a continuing permit, upon application, to the operator of a vehicle whose height without load exceeds the limit imposed by subsection 1 if the vehicle was registered and in operation on the highways of this State on April 15, 1973. Any such permit must provide only for the operation of the vehicle over those portions of the highways of this State over which it was customarily operated on April 15, 1973, and until it is replaced by another vehicle.
4. It is unlawful to operate a vehicle governed by any of the provisions of subsection 1, 2 or 3 over any portion of a highway where the free clearance of any structure or encroachment is less than the actual height of the vehicle and load.
Sec. 2. NRS 484D.685 is hereby amended to read as follows:
484D.685 1. As used in this section and NRS 484D.700, special mobile equipment means a vehicle, not self-propelled, not designed or used primarily for the transportation of persons or property, and only incidentally operated or moved over a highway, excepting implements of husbandry.
2. The Department of Transportation with respect to highways under its jurisdiction and governing bodies of cities and counties with respect to roads under their jurisdiction may, upon application , [in writing,] authorize the applicant to operate or move a vehicle, combination of vehicles, special mobile equipment, or load thereon of a size or weight exceeding the legal maximum, or to use corrugations on the periphery of the movable tracks on a traction engine or tractor, the propulsive power of which is not exerted through wheels resting on the roadway but by means of a flexible band or chain, or, under emergency conditions, to operate or move a type of vehicle otherwise prohibited by law, upon any highway under the jurisdiction of the Department of Transportation or governing body granting that permit.
3. Except as otherwise provided in NRS 484D.690 to 484D.725, inclusive, the legal maximum width of any vehicle, combination of vehicles, special mobile equipment or load thereon is 102 inches.
4. If a vehicle is equipped with pneumatic tires, the maximum width from the outside of one wheel and tire to the outside of the opposite outer wheel and tire must not exceed 108 inches, and the outside width of the body of the vehicle or the load thereon must not exceed 102 inches.
5. Lights or devices which must be mounted upon a vehicle under this chapter may extend beyond the permissible width of the vehicle to a distance not exceeding 10 inches on each side of the vehicle, but the maximum width must not exceed 126 inches.
6. Door handles, hinges, cable cinchers and chain binders may extend 3 inches on each side, but the maximum width of body and door handles, hinges, cable cinchers or chain binders must not exceed 108 inches.
7. A person shall not operate a passenger vehicle on any highway with any load carried thereon extending beyond the line of the hubcaps on its left side or more than 6 inches beyond the line of the hubcaps on its right side.
Sec. 3. NRS 484D.715 is hereby amended to read as follows:
484D.715 1. The Department of Transportation may, upon application , [in writing,] if good cause appears, issue a special or multiple trip-limited time permit [in writing] authorizing the applicant to move a manufactured or mobile home, or any other similar type of vehicle or structure, in excess of the maximum width, but not exceeding, except as otherwise provided in NRS 484D.720, 120 inches exclusive of appendages which must not extend beyond 3 inches on either side.
κ2021 Statutes of Nevada, Page 39 (CHAPTER 11, AB 41)κ
otherwise provided in NRS 484D.720, 120 inches exclusive of appendages which must not extend beyond 3 inches on either side. The Department of Transportation may establish seasonal or other limitations on the time within which the home, vehicle or structure may be moved on the highways indicated, and may require an undertaking or other security as may be considered necessary to protect the highways and bridges from injury or to provide indemnity for any injury resulting from the operation. Permits for the movement of homes, vehicles or structures as provided for in this section may be issued only to licensed manufacturers, dealers, owners and transporters and may be issued only under the following conditions:
(a) The power unit used to tow an overwidth home, vehicle or structure having a gross weight of 18,000 pounds or less must be a three-quarter-ton truck or tractor, or a truck or tractor of greater power equipped with dual wheels.
(b) The power unit used to tow an overwidth home, vehicle or structure having a gross weight in excess of 18,000 pounds must be a one-and-one-half-ton, or larger, truck or tractor equipped with dual wheels.
(c) The mobile home for which the permit is issued must comply with the provisions of NRS 484D.635 relating to maximum weight on axles.
(d) The insurer must furnish evidence of insurance verifying coverage of the overwidth home, vehicle or structure in the amount of $100,000 because of bodily injury to or death of one person in any one crash, in the amount of $300,000 because of bodily injury to or death of two or more persons in any one crash and in the amount of $50,000 because of injury to or destruction of property of others in any one crash.
2. A permit which has been issued for the movement of a manufactured or mobile home, or a similar type of vehicle or structure, is not valid between sunset and sunrise. The Director of the Department of Transportation may establish additional reasonable regulations, consistent with this section, including regulations concerning the movement of such a home, vehicle or structure on a Saturday, Sunday or a legal holiday, as the Director considers necessary in the interest of public safety.
Sec. 4. NRS 484D.720 is hereby amended to read as follows:
484D.720 1. [The] Except as otherwise provided in this subsection, the Department of Transportation may, upon application , [in writing,] if good cause appears, issue a special or multiple trip-limited time permit [in writing] authorizing the applicant to move a manufactured or mobile home, or any other similar type of vehicle or structure, in excess of 120 inches in width but not exceeding 192 inches in width, including any appendages and roof eaves. Upon request of the applicant, the Department of Transportation may grant a waiver from the maximum width of 192 inches, subject to any conditions prescribed by the Department of Transportation.
2. The movement of a manufactured or mobile home, or a similar type of vehicle or structure, pursuant to subsection 1 is, in addition to the conditions and requirements of NRS 484D.715, subject to the following requirements and conditions:
(a) Wide-load signs and red flags must be on the front of the towing vehicle and on the rear of the home, vehicle or structure.
(b) The towing vehicle must be a one-and-one-half-ton or larger truck or tractor equipped with dual wheels.
κ2021 Statutes of Nevada, Page 40 (CHAPTER 11, AB 41)κ
(c) The applicant must present evidence satisfactory to the Department that the applicant is financially responsible and has complied or is able to comply with the equipment requirements.
(d) As an additional warning to approaching traffic, the towing vehicle must be operated with the headlights turned on low beam.
(e) The driver of the towing vehicle shall do everything possible to prevent the congestion or slowing down of traffic in either direction because of the overwidth home, vehicle or structure and shall, if necessary to maintain the normal flow of traffic, drive the towing vehicle and the home, vehicle or structure off the pavement where safe to do so, in order that traffic may pass.
(f) When two or more homes, vehicles or structures in excess of 120 inches in width are moved over the same highway in the same direction, the drivers of the towing vehicles shall maintain a distance of at least 1,000 feet between vehicles.
3. The Department of Transportation shall:
(a) Designate the highways over which manufactured or mobile homes, or other similar types of vehicles or structures, in excess of 120 inches in width may be moved, and may require a pilot car to precede or follow the load.
(b) Prescribe, by regulation, standards for moving homes, vehicles or structures, in excess of 120 inches in width, including the times and days when such moving is permitted, and additional safety precautions to be taken.
4. The regulations adopted pursuant to paragraph (b) of subsection 3 may establish different standards that are applicable only to the moving of a manufactured or mobile home, or other similar types of vehicle or structure, that is in excess of 168 inches, excluding any appendages and roof eaves, but does not exceed 192 inches in width, including any appendages and roof eaves.
Sec. 5. NRS 484D.725 is hereby amended to read as follows:
484D.725 Upon receipt of the necessary application , [in writing,] the Department of Transportation shall issue a permit to operate or move a vehicle on the highways of this State which has a load that:
1. Exceeds 14 feet in height [;] measured from the surface on which the vehicle stands;
2. Exceeds 70 feet in length [;] measured from the front bumper or front overhang to the rear bumper or rear overhang, whichever is longer; or
3. Exceeds 102 inches in width [,] measured at the widest points on each side,
Κ unless the Department of Transportation determines that the operation of the vehicle would be a safety hazard or impede the flow of traffic.
Sec. 6. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 41κ
Assembly Bill No. 53Committee on Growth and Infrastructure
CHAPTER 12
[Approved: May 4, 2021]
AN ACT relating to transportation; revising provisions relating to the establishment by the Department of Transportation of a system of communication for members of the general public to report and receive certain information; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Department of Transportation to establish along certain highways a system of communication for members of the general public to report emergencies and receive information concerning conditions for driving on those highways. (NRS 408.569) This bill makes the establishment of such a system of communication by the Department discretionary.
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 408.569 is hereby amended to read as follows:
408.569 The Department [shall] may establish along one or more frequently traveled highways of this state a system of communication for members of the general public to report fires, accidents, motor vehicle crashes or other emergencies and to receive information concerning the conditions for driving on certain highways.
Sec. 2. This act becomes effective on July 1, 2021.
________
Assembly Bill No. 1Committee on Legislative Operations and Elections
CHAPTER 13
[Approved: May 7, 2021]
AN ACT relating to the Legislature; revising provisions relating to the training required for newly elected Legislators; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires newly elected Legislators to attend certain training before the beginning of their first legislative session, including training regarding legislative procedure and protocol, the state budget and major policy issues. (NRS 218A.285) This bill requires that such training also include a discussion of local governments in this State, which must include overviews of: (1) the structure and authority of local governments; (2) the financial administration of local governments; and (3) the services provided by local governments.
κ2021 Statutes of Nevada, Page 42 (CHAPTER 13, AB 1)κ
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 218A.285 is hereby amended to read as follows:
218A.285 1. A Legislator who is elected to the Assembly or the Senate and who has not previously served in either House shall attend the training required pursuant to this section unless his or her attendance is excused pursuant to subsection 6.
2. A member of the Assembly who is required to attend training pursuant to this section shall attend each training session designated as mandatory by the Speaker of the Assembly. A member of the Senate who is required to attend training pursuant to this section shall attend each training session designated as mandatory by the Majority Leader of the Senate.
3. The training required pursuant to this section must include:
(a) Legislative procedure and protocol;
(b) Overviews of the state budget and the budgetary process;
(c) Discussion of major policy issues that are likely to be considered during the ensuing regular session; [and]
(d) Discussion of local governments in this State, including, without limitation, overviews of:
(1) The structure and authority of local governments;
(2) The financial administration of local governments, including, without limitation, the budgets and budgetary process of local governments; and
(3) The services provided by local governments; and
(e) Such other matters as are deemed appropriate by the Speaker of the Assembly, the Majority Leader of the Senate, the Minority Leader of the Assembly and the Minority Leader of the Senate for their respective Houses.
4. The Director shall provide staff support for the training required pursuant to this section.
5. The training required pursuant to this section must not exceed a total of 10 days and must be conducted between the day next after the general election and the commencement of the ensuing regular session. The dates for the training must be:
(a) Determined by the Speaker of the Assembly and the Majority Leader of the Senate;
(b) Posted on the public website of the Legislature on the Internet; and
(c) Communicated in writing by the Director to the candidates for election to the Assembly and the Senate for the ensuing regular session,
Κ not later than 90 days before the first day on which training will be conducted.
6. The Speaker of the Assembly or the Majority Leader of the Senate may excuse a Legislator from attending a training session otherwise required pursuant to this section in case of illness, injury, emergency, employment or other good cause as determined by the Speaker or Majority Leader.
7. Except as otherwise provided in this subsection, the Director shall provide an electronic copy of a training session and a form for attesting completion of the training session to any Legislator who was unable to attend the training session. If any training session is conducted in a manner that the Director determines cannot reasonably be recorded in an electronic format, the Director may provide for an alternate means of recording the information provided during that training session.
κ2021 Statutes of Nevada, Page 43 (CHAPTER 13, AB 1)κ
the Director may provide for an alternate means of recording the information provided during that training session. To successfully complete the training required pursuant to this section, a Legislator who was unable to attend a training session shall complete that session in the manner prescribed by the Director and submit the attestation to the Director.
8. The Director shall issue a Certificate of Graduation from the Legislative Training Academy to each Legislator who successfully completes the training required pursuant to this section.
Sec. 2. This act becomes effective on January 1, 2022.
________
Assembly Bill No. 150Committee on Growth and Infrastructure
CHAPTER 14
[Approved: May 11, 2021]
AN ACT relating to special license plates; revising provisions governing certain terminations and suspensions of certain special license plates; revising provisions governing certain fees collected by the Department of Motor Vehicles on behalf of certain charitable organizations; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that, if the Commission on Special License Plates determines that a charitable organization that benefits from additional fees charged for special license plates has failed to comply with certain laws governing such charitable organizations or governing the use of such fees, the Commission may recommend that the Department of Motor Vehicles take certain actions. Specifically, the Commission may recommend that the Department: (1) terminate production and distribution of the special license plate and terminate collection of the additional fees collected on behalf of the charitable organization; (2) suspend production and distribution of the special license plate and suspend collection of the additional fees collected on behalf of the charitable organization; or (3) allow production and distribution of the special license plates to continue and allow collection of the fees to continue, but suspend the distribution of the fees to the charitable organization for a specified period. If the Department suspends the distribution of the fees to the charitable organization for a specified period, existing law requires the Department to inform the charitable organization of the corrective actions that must be taken. If the charitable organization has completed the corrective action, the suspension may be terminated and additional fees collected during the suspension may be forwarded to the charitable organization. If the charitable organization has not completed the corrective actions, the Department may: (1) extend the suspension once; (2) terminate production and distribution of the special license plate and terminate collection of the additional fees collected on behalf of the charitable organization; or (3) distribute all additional fees, including those held during the suspension, to a different charitable organization which meets certain requirements. (NRS 482.38279) Section 7 of this bill provides that if the Department suspends production and distribution of the special license plate and suspends collection of the fees collected on behalf of the charitable organization, the Department is required to inform the charitable organization of the corrective actions that must be taken. Section 7 further provides that if the charitable organization has not completed the corrective actions, the Department may extend the suspension once. Additionally, section 7 provides that if the charitable organization has not completed the corrective actions or the charitable organization has completed the corrective actions but the Department does not terminate the suspension, the Department may: (1) terminate the production and distribution of the special license plate and terminate collection of the additional fees collected on behalf of the charitable organization; or (2) distribute all additional fees to a different charitable organization which meets certain requirements.
κ2021 Statutes of Nevada, Page 44 (CHAPTER 14, AB 150)κ
organization has completed the corrective actions but the Department does not terminate the suspension, the Department may: (1) terminate the production and distribution of the special license plate and terminate collection of the additional fees collected on behalf of the charitable organization; or (2) distribute all additional fees to a different charitable organization which meets certain requirements. Sections 1-6 of this bill make conforming changes to refer to provisions that have been renumbered by this bill.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.367002 is hereby amended to read as follows:
482.367002 1. A person may request that the Department design, prepare and issue a special license plate by submitting an application to the Department. A person may submit an application for a special license plate that is intended to generate financial support for an organization only if:
(a) For an organization which is not a governmental entity, the organization is established as a nonprofit charitable organization which provides services to the community relating to public health, education or general welfare;
(b) For an organization which is a governmental entity, the organization only uses the financial support generated by the special license plate for charitable purposes relating to public health, education or general welfare;
(c) The organization is registered with the Secretary of State, if registration is required by law, and has filed any documents required to remain registered with the Secretary of State;
(d) The name and purpose of the organization do not promote, advertise or endorse any specific product, brand name or service that is offered for profit;
(e) The organization is nondiscriminatory; and
(f) The license plate will not promote a specific religion, faith or antireligious belief.
2. An application submitted to the Department pursuant to subsection 1:
(a) Must be on a form prescribed and furnished by the Department;
(b) Must specify whether the special license plate being requested is intended to generate financial support for a particular cause or charitable organization and, if so:
(1) The name of the cause or charitable organization; and
(2) Whether the financial support intended to be generated for the particular cause or charitable organization will be for:
(I) General use by the particular cause or charitable organization; or
(II) Use by the particular cause or charitable organization in a more limited or specific manner;
(c) Must include the name and signature of a person who represents:
(1) The organization which is requesting that the Department design, prepare and issue the special license plate; and
(2) If different from the organization described in subparagraph (1), the cause or charitable organization for which the special license plate being requested is intended to generate financial support;
(d) Must include proof that the organization satisfies the requirements set forth in subsection 1;
κ2021 Statutes of Nevada, Page 45 (CHAPTER 14, AB 150)κ
(e) Must be accompanied by a surety bond posted with the Department in the amount of $5,000, except that if the special license plate being requested is one of the type described in subsection 3 of NRS 482.367008, the application must be accompanied by a surety bond posted with the Department in the amount of $20,000;
(f) Must, if the organization is a charitable organization, not including a governmental entity whose budget is included in the executive budget, include a budget prepared by or for the charitable organization which includes, without limitation, the proposed operating and administrative expenses of the charitable organization; and
(g) May be accompanied by suggestions for the design of and colors to be used in the special license plate.
3. If an application for a special license plate has been submitted pursuant to this section but the Department has not yet designed, prepared or issued the plate, the applicant shall amend the application with updated information when any of the following events take place:
(a) The name of the organization that submitted the application has changed since the initial application was submitted.
(b) The cause or charitable organization for which the special license plate being requested is intended to generate financial support has a different name than that set forth on the initial application.
(c) The cause or charitable organization for which the special license plate being requested is intended to generate financial support is different from that set forth on the initial application.
(d) A charitable organization which submitted a budget pursuant to paragraph (f) of subsection 2 prepares or has prepared a new or subsequent budget.
Κ The updated information described in this subsection must be submitted to the Department within 90 days after the relevant change takes place, unless the applicant has received notice that the special license plate is on an agenda to be heard at a meeting of the Commission on Special License Plates, in which case the updated information must be submitted to the Department within 48 hours after the applicant receives such notice. The updating of information pursuant to this subsection does not alter, change or otherwise affect the issuance of special license plates by the Department in accordance with the chronological order of their authorization or approval, as described in subsection 2 of NRS 482.367008.
4. The Department may design and prepare a special license plate requested pursuant to subsection 1 if:
(a) The Department determines that the application for that plate complies with subsection 2; and
(b) The Commission on Special License Plates recommends to the Department that the Department approve the application for that plate pursuant to subsection 5 of NRS 482.367004.
5. Upon making a determination to issue a special license plate pursuant to this section, the Department shall notify:
(a) The person who requested the special license plate pursuant to subsection 1;
(b) The charitable organization for which the special license plate is intended to generate financial support, if any; and
(c) The Commission on Special License Plates.
κ2021 Statutes of Nevada, Page 46 (CHAPTER 14, AB 150)κ
6. Except as otherwise provided in NRS 482.367008, the Department may issue a special license plate that:
(a) The Department has designed and prepared pursuant to this section;
(b) The Commission on Special License Plates has recommended the Department approve for issuance pursuant to subsection 5 of NRS 482.367004; and
(c) Complies with the requirements of subsection 6 of NRS 482.270,
Κ for any passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with a special license plate issued pursuant to this section if that person pays the fees for personalized prestige license plates in addition to the fees for the special license plate.
7. The Department must promptly release the surety bond posted pursuant to subsection 2:
(a) If the Department determines not to issue the special license plate;
(b) If the Department distributes the additional fees collected on behalf of a charitable organization to another charitable organization pursuant to subparagraph [(3)] (2) of paragraph [(b)] (c) of subsection 5 of NRS 482.38279 and the surety bond has not been released to the initial charitable organization; or
(c) If it is determined that at least 1,000 special license plates have been issued pursuant to the assessment of the viability of the design of the special license plate conducted pursuant to NRS 482.367008, except that if the special license plate is one of the type described in subsection 3 of NRS 482.367008, the Department must promptly release the surety bond posted pursuant to subsection 2 if it is determined that at least 3,000 special license plates have been issued pursuant to the assessment of the viability of the design of the special license plate conducted pursuant to NRS 482.367008.
8. If, during a registration period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
Sec. 2. NRS 482.367004 is hereby amended to read as follows:
482.367004 1. There is hereby created the Commission on Special License Plates. The Commission is advisory to the Department and consists of five Legislators and three nonvoting members as follows:
(a) Five Legislators appointed by the Legislative Commission:
(1) One of whom is the Legislator who served as the Chair of the Assembly Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in place of the Legislator when absent. The alternate must be another Legislator who also served on the Assembly Standing Committee on Transportation during the most recent legislative session.
κ2021 Statutes of Nevada, Page 47 (CHAPTER 14, AB 150)κ
(2) One of whom is the Legislator who served as the Chair of the Senate Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in place of the Legislator when absent. The alternate must be another Legislator who also served on the Senate Standing Committee on Transportation during the most recent legislative session.
(b) Three nonvoting members consisting of:
(1) The Director of the Department of Motor Vehicles, or a designee of the Director.
(2) The Director of the Department of Public Safety, or a designee of the Director.
(3) The Director of the Department of Tourism and Cultural Affairs, or a designee of the Director.
2. Each member of the Commission appointed pursuant to paragraph (a) of subsection 1 serves a term of 2 years, commencing on July 1 of each odd-numbered year. A vacancy on the Commission must be filled in the same manner as the original appointment.
3. Members of the Commission serve without salary or compensation for their travel or per diem expenses.
4. The Director of the Legislative Counsel Bureau shall provide administrative support to the Commission.
5. The Commission shall recommend to the Department that the Department approve or disapprove:
(a) Applications for the design, preparation and issuance of special license plates that are submitted to the Department pursuant to subsection 1 of NRS 482.367002;
(b) The issuance by the Department of special license plates that have been designed and prepared pursuant to NRS 482.367002; and
(c) Except as otherwise provided in subsection 7, applications for the design, preparation and issuance of special license plates that have been authorized by an act of the Legislature after January 1, 2007.
Κ In determining whether to recommend to the Department the approval of such an application or issuance, the Commission shall consider, without limitation, whether it would be appropriate and feasible for the Department to, as applicable, design, prepare or issue the particular special license plate. For the purpose of making recommendations to the Department, the Commission shall consider each application in the chronological order in which the application was received by the Department.
6. On or before September 1 of each fiscal year, the Commission shall compile a list of each special license plate for which the Commission, during the immediately preceding fiscal year, recommended to the Department that the Department approve the application for the special license plate or approve the issuance of the special license plate. The list so compiled must set forth, for each such plate, the cause or charitable organization for which the special license plate generates or would generate financial support, and the intended use to which the financial support is being put or would be put. The Commission shall transmit the information described in this subsection to the Department and the Department shall make that information available on its Internet website.
7. The provisions of paragraph (c) of subsection 5 do not apply with regard to special license plates that are issued pursuant to NRS 482.3746, 482.3751, 482.3752, 482.3757, 482.3783, 482.3785, 482.3787, 482.37901, 482.37902, 482.37906, 482.3791, 482.3794 or 482.3817.
κ2021 Statutes of Nevada, Page 48 (CHAPTER 14, AB 150)κ
8. The Commission shall:
(a) Recommend to the Department that the Department approve or disapprove any proposed change in the distribution of money received in the form of additional fees, including, without limitation, pursuant to subparagraph [(3)] (2) of paragraph [(b)] (c) of subsection 5 of NRS 482.38279. As used in this paragraph, additional fees means the fees that are charged in connection with the issuance or renewal of a special license plate for the benefit of a particular cause, fund or charitable organization. The term does not include registration and license fees or governmental services taxes.
(b) If it recommends a proposed change pursuant to paragraph (a) and determines that legislation is required to carry out the change, recommend to the Department that the Department request the assistance of the Legislative Counsel in the preparation of a bill draft to carry out the change.
Sec. 3. NRS 482.367006 is hereby amended to read as follows:
482.367006 1. The fee for special license plates designed, prepared and issued pursuant to NRS 482.367002 is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.
2. In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 1, if a special license plate is designed, prepared and issued pursuant to NRS 482.367002 to generate financial support for a particular cause or charitable organization, a person who requests a set of such license plates must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed in the manner described in subsection 3.
3. The Department shall deposit the additional fees collected pursuant to subsection 2 with the State Treasurer for credit to an account created in the State General Fund for the benefit of the particular cause or charitable organization for whose financial benefit the special license plate was created. The Department shall designate an appropriate state agency to administer the account. Except as otherwise provided in subsections 4 and 5 of NRS 482.38279, the state agency designated by the Department to administer the account shall, at least once each quarter, distribute the fees deposited pursuant to this subsection to the particular cause or charitable organization for whose benefit the special license plate was created or to another charitable organization to which the fees are distributed pursuant to subparagraph [(3)] (2) of paragraph [(b)] (c) of subsection 5 of NRS 482.38279.
4. Money in an account created pursuant to subsection 3 does not lapse to the State General Fund at the end of a fiscal year. The interest and income earned on money in such an account, after deducting any applicable charges, must be credited to the account.
Sec. 4. NRS 482.3824 is hereby amended to read as follows:
482.3824 1. Except as otherwise provided in NRS 482.38279, with respect to any special license plate that is issued pursuant to NRS 482.3667 to 482.3823, inclusive, and for which additional fees are imposed for the issuance of the special license plate to generate financial support for a charitable organization:
(a) The Director shall, at the request of the charitable organization that is benefited by the particular special license plate:
κ2021 Statutes of Nevada, Page 49 (CHAPTER 14, AB 150)κ
(1) Order the design and preparation of souvenir license plates, the design of which must be substantially similar to the particular special license plate; and
(2) Issue such souvenir license plates, for a fee established pursuant to NRS 482.3825, only to the charitable organization that is benefited by the particular special license plate. The charitable organization may resell such souvenir license plates at a price determined by the charitable organization.
(b) The Department may, except as otherwise provided in this paragraph and after the particular special license plate is approved for issuance, issue the special license plate for a trailer, motorcycle or other type of vehicle that is not a passenger car or light commercial vehicle, excluding vehicles required to be registered with the Department pursuant to NRS 706.801 to 706.861, inclusive, full trailers or semitrailers registered pursuant to subsection 3 of NRS 482.483 and mopeds registered pursuant to NRS 482.2155, upon application by a person who is entitled to license plates pursuant to NRS 482.265 or 482.272 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter or chapter 486 of NRS. The Department may not issue a special license plate for such other types of vehicles if the Department determines that the design or manufacture of the plate for those other types of vehicles would not be feasible. In addition, if the Department incurs additional costs to manufacture a special license plate for such other types of vehicles, including, without limitation, costs associated with the purchase, manufacture or modification of dies or other equipment necessary to manufacture the special license plate for such other types of vehicles, those additional costs must be paid from private sources without any expense to the State of Nevada.
2. If, as authorized pursuant to paragraph (b) of subsection 1, the Department issues a special license plate for a trailer, motorcycle or other type of vehicle that is not a passenger car or light commercial vehicle, the Department shall charge and collect for the issuance and renewal of such a plate the same fees that the Department would charge and collect if the other type of vehicle was a passenger car or light commercial vehicle. As used in this subsection, fees does not include any applicable registration or license fees or governmental services taxes.
3. As used in this section:
(a) Additional fees has the meaning ascribed to it in NRS 482.38273.
(b) Charitable organization means a particular cause, charity or other entity that receives money from the imposition of additional fees in connection with the issuance of a special license plate pursuant to NRS 482.3667 to 482.3823, inclusive. The term includes:
(1) The successor, if any, of a charitable organization; and
(2) A charitable organization to which additional fees for special license plates are distributed pursuant to subparagraph [(3)] (2) of paragraph [(b)] (c) of subsection 5 of NRS 482.38279.
Sec. 5. NRS 482.38275 is hereby amended to read as follows:
482.38275 Intended recipient means the particular cause, fund or charitable organization for the benefit of which additional fees are imposed. In the case of special license plates:
1. Authorized by enactment of the Legislature, the term means the particular cause, fund or charitable organization identified in statute as the required recipient of additional fees.
κ2021 Statutes of Nevada, Page 50 (CHAPTER 14, AB 150)κ
2. Authorized pursuant to the system of application and petition described in NRS 482.367002, the term means the particular cause, fund or charitable organization:
(a) Identified as the intended recipient of additional fees, as described in the application that was submitted for those special license plates pursuant to paragraph (b) of subsection 2 of that section; or
(b) To which the additional fees for special license plates are distributed pursuant to subparagraph [(3)] (2) of paragraph [(b)] (c) of subsection 5 of NRS 482.38279.
Sec. 6. NRS 482.382765 is hereby amended to read as follows:
482.382765 1. Upon receiving notification by the Department pursuant to subsection 5 of NRS 482.367002 that a special license plate that is intended to generate financial support for an organization will be issued by the Department, or upon a determination pursuant to subparagraph [(3)] (2) of paragraph [(b)] (c) of subsection 5 of NRS 482.38279 to distribute additional fees from a special license plate to the charitable organization, a charitable organization, not including a governmental entity whose budget is in the executive budget, that is to receive additional fees shall, if the charitable organization wishes to award grants with any of the money received in the form of additional fees, submit to the Commission on Special License Plates in writing the methods and procedures to be used by the charitable organization in awarding such grants, including, without limitation:
(a) A copy of the application form to be used by any person or entity seeking a grant from the charitable organization;
(b) The guidelines established by the charitable organization for the submission and review of applications to receive a grant from the charitable organization; and
(c) The criteria to be used by the charitable organization in awarding such a grant.
2. Upon receipt of the information required, the Commission shall review the procedures to determine if the methods and procedures are adequate to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient. If the Commission determines that the methods and procedures are:
(a) Adequate to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient, the Commission shall notify the charitable organization of that determination.
(b) Inadequate to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient, the Commission shall notify the charitable organization and request that the charitable organization submit a revised version of the methods and procedures to be used by the charitable organization in awarding grants.
3. A charitable organization may not award any grants of money received in the form of additional fees until the procedures and methods have been determined adequate by the Commission pursuant to subsection 2.
Sec. 7. NRS 482.38279 is hereby amended to read as follows:
482.38279 1. If the Commission on Special License Plates determines that a charitable organization has failed to comply with one or more of the provisions of NRS 482.38277 or if, in a report provided to the Commission by the Legislative Auditor pursuant to NRS 482.38278 or 482.382785, the Legislative Auditor determines that a charitable organization has committed improper practices of financial administration, has filed with the Commission or the Department forms or records that are inadequate or inaccurate, or has failed to use adequate methods and procedures to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient, the Commission shall notify the charitable organization of that determination.
κ2021 Statutes of Nevada, Page 51 (CHAPTER 14, AB 150)κ
improper practices of financial administration, has filed with the Commission or the Department forms or records that are inadequate or inaccurate, or has failed to use adequate methods and procedures to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient, the Commission shall notify the charitable organization of that determination.
2. A charitable organization may request in writing a hearing, within 20 days after receiving notification pursuant to subsection 1, to respond to the determinations of the Commission or Legislative Auditor. The hearing must be held not later than 30 days after the receipt of the request for a hearing unless the parties, by written stipulation, agree to extend the time.
3. The Commission shall issue a decision on whether to uphold the original determination of the Commission or the Legislative Auditor or to overturn that determination. The decision required pursuant to this subsection must be issued:
(a) Immediately after the hearing, if a hearing was requested; or
(b) Within 30 days after the expiration of the 20-day period within which a hearing may be requested, if a hearing was not requested.
4. If the Commission decides to uphold its own determination that a charitable organization has failed to comply with one or more of the provisions of NRS 482.38277 or decides to uphold the determination of the Legislative Auditor that the organization has committed improper practices of financial administration, has filed with the Commission or the Department forms or records that are inadequate or inaccurate, or has failed to use adequate methods and procedures to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient, the Commission shall issue its decision in writing and may recommend that the Department:
(a) Terminate production and distribution of the particular design of the special license plate and collection of all additional fees collected on behalf of the charitable organization, and allow any holder of the special license plate to continue to renew the plate without paying the additional fee;
(b) Suspend the production and distribution of the particular design of special license plates and collection of all additional fees collected on behalf of the charitable organization, if the Department is still producing that design and allow any holder of the special license plate to renew the plate without paying the additional fee; or
(c) Suspend the distribution of all additional fees collected on behalf of the charitable organization for a specified period and allow the production and distribution of the special license plate and the collection of additional fees to continue if the Department is still producing that design, and allow holders of the special license plates to renew the plate with the payment of the additional fees.
5. If the Commission recommends that the Department take the action described in paragraph (b) or (c) of subsection 4, the Department, in consultation with the Commission, shall inform the charitable organization in writing of the corrective actions that must be taken and upon conclusion of the suspension determine whether the charitable organization completed the corrective actions. If the Department, in consultation with the Commission, determines that the charitable organization:
(a) Completed the corrective actions, the Department, in consultation with the Commission, may [terminate] :
κ2021 Statutes of Nevada, Page 52 (CHAPTER 14, AB 150)κ
(1) Terminate the suspension and forward to the charitable organization any additional fees collected on behalf of the charitable organization during the suspension [.] ; or
(2) Take any action described in paragraph (c).
(b) Has not completed the corrective actions, the Department, in consultation with the Commission, may extend the period of the suspension, but not more than one time.
(c) Has not completed the corrective actions [,] or the Department does not terminate the suspension pursuant to paragraph (a), the Department, in consultation with the Commission, may:
(1) [Extend the period of the suspension, but not more than one time;
(2)] Terminate production and distribution of the special license plate and collection of all additional fees on behalf of the charitable organization, allow any holders of the special license plate to renew the plate without paying the additional fee and distribute all fees collected during the suspension in a manner determined by the Department, in consultation with the Commission; or
[(3)] (2) Continue production and distribution of the special license plate and, in consultation with the Commission, distribute all additional fees collected, including any fees held during the suspension, to another charitable organization that:
(I) Submits an application to the Department on a form prescribed and furnished by the Department;
(II) Meets all applicable requirements of subsection 1 of NRS 482.367002 for a charitable organization seeking to receive financial support from a special license plate; and
(III) Provides evidence satisfactory to the Department, in consultation with the Commission, that the additional fees collected on behalf of the charitable organization will be used for a purpose similar to the purpose for which the additional fees were intended to be used by the initial charitable organization.
6. If, in accordance with subsection 4 or paragraph [(b)] (c) of subsection 5, the Commission recommends that the Department take adverse action against a charitable organization, the Commission shall notify the charitable organization, in writing, of that fact within 30 days after making the recommendation and include a description of any necessary corrective action that must be taken by the charitable organization, if applicable. A charitable organization aggrieved by a recommendation of the Commission may, within 30 days after the date on which it received notice of the recommendation, submit to the Department any facts, evidence or other information that it believes is relevant to the propriety of the Commissions recommendation. Within 30 days after receiving all facts, evidence and other relevant information submitted to the Department by the aggrieved charitable organization, the Department shall render a decision, in writing, as to whether the Department accepts or rejects the Commissions recommendation. The decision of the Department is a final decision for the purpose of judicial review.
Sec. 8. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 53κ
Senate Bill No. 25Committee on Revenue and Economic Development
CHAPTER 15
[Approved: May 14, 2021]
AN ACT relating to taxation; revising provisions governing the determination of whether food for human consumption is subject to sales and use taxes; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Nevada Tax Commission to enter into the Streamlined Sales and Use Tax Agreement and to take any other actions reasonably required to implement the provisions of the Agreement, such as adopting necessary regulations. (NRS 360B.110)
Existing law generally exempts food for human consumption from sales and use taxes in this State. However, existing law excludes from this exemption, and imposes sales and use taxes on, prepared food intended for immediate consumption. (Nev. Const. Art. 10, § 3[A]; NRS 372.284, 374.289) Consistent with the Agreement, existing law defines prepared food to include food sold with eating utensils provided by the seller. (NRS 360B.460) In accordance with its obligation to adopt regulations to implement the Agreement, the Nevada Tax Commission adopted, and the Legislative Commission approved, LCB File No. R056-18 which establishes a method to determine whether food sold at retail is deemed to be sold with eating utensils provided by the seller. Under LCB File No. R056-18, this determination is based on the percentage of food sold by the seller that qualifies as prepared food. This methodology was derived from interpretive guidance on the meaning of prepared food as used in the Agreement, which was adopted by the Streamlined Sales Tax Governing Board, of which Nevada is a member state. (Streamlined Sales Tax Governing Board, Interpretation 2006-04, April 18, 2006)
This bill eliminates a requirement of existing law which predates this States adoption of the Streamlined Sales and Use Tax Agreement and which requires the Department of Taxation, in determining whether food intended for human consumption is subject to the sales and use tax, to base its determination on whether the food is intended for immediate consumption and not on the type of establishment where the food is sold. (NRS 372.2841, 374.2891)
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 372.2841 and 374.2891 are hereby repealed.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 54κ
Senate Bill No. 35Committee on Commerce and Labor
CHAPTER 16
[Approved: May 14, 2021]
AN ACT relating to the Private Investigators Licensing Board; abolishing the Fund for the Private Investigators Licensing Board; requiring certain money collected by the Board to be deposited in certain financial institutions; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Private Investigators Licensing Board to: (1) license and regulate private investigators, private patrol officers, process servers, repossessors, dog handlers, security consultants and polygraphic examiners; and (2) register and regulate employees of such licensees. (Chapter 648 of NRS) Existing law creates the Fund for the Private Investigators Licensing Board in the State General Fund and requires the Board to use money deposited in the Fund for costs of administration and to pay the expenses and salary of members, agents and employees of the Board. (NRS 648.040) This bill abolishes the Fund for the Private Investigators Licensing Board and instead requires the Board to deposit all money that the Board receives, except fines in certain circumstances, in banks, credit unions, savings and loan associations or savings banks in this State. Money in such a proprietary fund does not revert to the State General Fund. (NRS 353.253) This bill also requires the Board to use such money to pay for compensation, per diem allowances and travel expenses and its expenses in carrying out its powers and duties and, with one exception, prohibits the charging of such compensation, allowances or expenses against the State General Fund.
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 648.040 is hereby amended to read as follows:
648.040 1. [There is hereby created in the State General Fund the Fund for the Private Investigators Licensing Board, to be administered by the Board.
2.] Except as otherwise provided in subsection [7,] 4, all money received pursuant to the provisions of this chapter must be deposited in banks, credit unions, savings and loan associations or savings banks in the State [Treasury for credit to the Fund for the Private Investigators Licensing Board and must be used by] of Nevada and expended solely for the [Board for the administration] purposes of this chapter . [and to pay the expenses and salary of members, agents and employees of the Board.
3. All claims against the Fund must be paid as other claims against the State are paid. Any amount remaining in the Fund at the end of a fiscal year must be carried forward into the next fiscal year.] Except as otherwise provided in subsection 4, the compensation, per diem allowance and travel expenses provided for by this chapter and all expenses incurred under this chapter must be paid from such money, and no such compensation, allowances or expenses may be charged against the State General Fund.
κ2021 Statutes of Nevada, Page 55 (CHAPTER 16, SB 35)κ
[4.] 2. The Board through majority vote controls exclusively [the] any expenditures from the [Fund.] money deposited in banks, credit unions, savings and loan associations or savings banks in the State of Nevada pursuant to subsection 1. The Board may not make expenditures or incur liabilities in a total amount greater than the amount of money actually available in [the Fund.
5. Except as otherwise provided in subsection 7, the money in this Fund may be used to:
(a) Pay the expenses of the Board in connection with the investigation of the background of an applicant;
(b) Finance a substantive investigation of a licensee or of unlicensed activity; and
(c) Pay the operational and administrative expenses of the Board and its Secretary,
Κ and for such other expenses as the Board deems appropriate to regulate the persons subject to its supervision.
6.] such banks, credit unions, savings and loan associations or savings banks.
3. The Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in [the State Treasury for credit to the Fund for the Private Investigators Licensing Board.
7.] banks, credit unions, savings and loan associations or savings banks in this State.
4. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection [6,] 3, the Board shall deposit the money collected from the imposition of fines with the State Treasurer for credit to the State General Fund. In such a case, the Board may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 2. 1. As soon as practicable after the effective date of this act, the Private Investigators Licensing Board shall:
(a) Establish an account in a bank, credit union, savings and loan association or savings bank in the State to be used to deposit any money received by the Board pursuant to the provisions of chapter 648 of NRS; and
(b) Perform any other administrative tasks that are necessary to carry out the provisions of this act.
2. On or after July 1, 2021, but before October 1, 2021, the State Controller shall transfer the uncommitted balance in the Fund for the Private Investigators Licensing Board created by NRS 648.040 to the account established pursuant to subsection 1.
Sec. 3. 1. This section and section 2 of this act become effective upon passage and approval.
2. Section 1 of this act becomes effective on October 1, 2021.
________
κ2021 Statutes of Nevada, Page 56κ
Senate Bill No. 74Committee on Revenue and Economic Development
CHAPTER 17
[Approved: May 14, 2021]
AN ACT relating to taxation; clarifying that the population totals certified by the Governor annually are used in determining the allocation and deposit of proceeds of the basic city-county relief tax; revising provisions governing the population totals used in determining the distribution of certain taxes; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Department of Taxation to annually determine the population of each town, township, city and county and submit its determination to the Governor, who is required to certify the respective population totals on or before March 1 of each year. The Department is required to use the population totals certified by the Governor for any tax that is collected for apportionment in whole or in part to any political subdivision where the basis of the apportionment is the population of the political subdivision. (NRS 360.283, 360.285) Section 1 of this bill eliminates, for certain taxes, the requirement to use the population totals of the Bureau of the Census of the United States Department of Commerce in the case of a conflict with the population totals of the Governor.
Existing law also requires the Department to determine the proportion of the basic city-county relief taxes collected each month from out-of-state businesses for each county, less the amount transferred to the State General Fund for the cost of collecting the tax, which the population of each county bears to the total population of all the counties that impose the city-county relief tax. (NRS 377.055) Section 2 of this bill clarifies that the population totals used to make these determinations are the population totals certified by the Governor annually.
Existing law requires the calculation of the distribution of the supplemental city-county relief tax to certain counties in an amount equal to one-twelfth of the amount distributed in the preceding fiscal year multiplied by one plus the lesser of: (1) the percentage change in the total receipts from the tax for all counties and from out-of-state businesses for a specified period; or (2) the percentage change in population of the county added to the percentage change in the Consumer Price Index for the year ending on December 31 next preceding the year of distribution. Existing law also provides that if the Bureau of the Census of the United States Department of Commerce issues population totals that conflict with the totals certified by the Governor, the population totals issued by the Bureau must be used in determining the percentage change in population of each county. (NRS 377.057) Section 3 of this bill eliminates the requirement to use the population totals of the Bureau of the Census in the case of a conflict with the population totals of the Governor.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 360.690 is hereby amended to read as follows:
360.690 1. Except as otherwise provided in NRS 360.730, the Executive Director shall estimate monthly the amount each local government, special district and enterprise district will receive from the Account pursuant to the provisions of this section.
κ2021 Statutes of Nevada, Page 57 (CHAPTER 17, SB 74)κ
2. The Executive Director shall establish a base monthly allocation for each local government, special district and enterprise district by dividing the amount determined pursuant to NRS 360.680 for each local government, special district and enterprise district by 12, and the State Treasurer shall, except as otherwise provided in subsections 3 to 7, inclusive, remit monthly that amount to each local government, special district and enterprise district.
3. If, after making the allocation to each enterprise district for the month, the Executive Director determines there is not sufficient money available in the countys subaccount in the Account to allocate to each local government and special district the base monthly allocation determined pursuant to subsection 2, he or she shall prorate the money in the countys subaccount and allocate to each local government and special district an amount equal to its proportionate percentage of the total amount of the base monthly allocations determined pursuant to subsection 2 for all local governments and special districts within the county. The State Treasurer shall remit that amount to the local government or special district.
4. Except as otherwise provided in subsections 6 and 7, for a county whose population is 100,000 or more, if the Executive Director determines that there is money remaining in the countys subaccount in the Account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district, he or she shall immediately determine and allocate each:
(a) Local governments share of the remaining money by:
(1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by 0.02 plus the sum of:
(I) The average percentage of change in the population of the local government over the 5 fiscal years immediately preceding the year in which the allocation is made, as certified by the Governor pursuant to NRS 360.285, except as otherwise provided in subsection 8; and
(II) The greater of zero or the average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department, and the 4 fiscal years immediately preceding the year in which the allocation is made; and
(2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount, except that if the figure calculated pursuant to subparagraph (1) is less than zero, that figure must be treated as being zero for purposes of determining the allocation pursuant to this subparagraph; and
(b) Special districts share of the remaining money by:
(1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by 0.02 plus the greater of zero or the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department, and the 4 fiscal years immediately preceding the year in which the allocation is made; and
κ2021 Statutes of Nevada, Page 58 (CHAPTER 17, SB 74)κ
the allocation is made, as projected by the Department, and the 4 fiscal years immediately preceding the year in which the allocation is made; and
(2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.
Κ The State Treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.
5. Except as otherwise provided in subsection 7, for a county whose population is less than 100,000, if the Executive Director determines that there is money remaining in the countys subaccount in the Account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district, the Executive Director shall immediately determine and allocate each:
(a) Local governments share of the remaining money by:
(1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by 1 plus the sum of the:
(I) Average percentage of change in the population of the local government over the 5 fiscal years immediately preceding the year in which the allocation is made, as certified by the Governor pursuant to NRS 360.285, except as otherwise provided in subsection 8; and
(II) Average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department, and the 4 fiscal years immediately preceding the year in which the allocation is made; and
(2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and
(b) Special districts share of the remaining money by:
(1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by 1 plus the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department, and the 4 fiscal years immediately preceding the year in which the allocation is made; and
(2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.
κ2021 Statutes of Nevada, Page 59 (CHAPTER 17, SB 74)κ
Κ The State Treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.
6. Except as otherwise provided in subsection 7, if the Executive Director determines that there is money remaining in the countys subaccount in the Account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district in a county whose population is 100,000 or more, and if the calculations performed pursuant to paragraph (a) of subsection 4 require the use of zero for each local government, the Executive Director shall allocate to each local government and special district an amount equal to its proportionate percentage of the total amount of the base monthly allocations determined pursuant to subsection 2 for all local governments and special districts within the county. The State Treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.
7. The Executive Director shall not allocate any amount to a local government or special district pursuant to subsection 4, 5 or 6 unless the amount distributed and allocated to each of the local governments and special districts in the county in each preceding month of the fiscal year in which the allocation is to be made was at least equal to the base monthly allocation determined pursuant to subsection 2. If the amounts distributed to the local governments and special districts in the county for the preceding months of the fiscal year in which the allocation is to be made were less than the base monthly allocation determined pursuant to subsection 2 and the Executive Director determines there is money remaining in the countys subaccount in the Account after the distribution for the month has been made, he or she shall:
(a) Determine the amount by which the base monthly allocations determined pursuant to subsection 2 for each local government and special district in the county for the preceding months of the fiscal year in which the allocation is to be made exceeds the amounts actually received by the local governments and special districts in the county for the same period; and
(b) Compare the amount determined pursuant to paragraph (a) to the amount of money remaining in the countys subaccount in the Account to determine which amount is greater.
Κ If the Executive Director determines that the amount determined pursuant to paragraph (a) is greater, he or she shall allocate the money remaining in the countys subaccount in the Account pursuant to the provisions of subsection 3. If the Executive Director determines that the amount of money remaining in the countys subaccount in the Account is greater, he or she shall first allocate the money necessary for each local government and special district to receive the base monthly allocation determined pursuant to subsection 2 and the State Treasurer shall remit that money so allocated. The Executive Director shall allocate any additional money in the countys subaccount in the Account pursuant to the provisions of subsection 4, 5 or 6, as appropriate.
8. The percentage changes in population calculated pursuant to subsections 4 and 5 must [:
(a) Except as otherwise provided in paragraph (c), if the Bureau of the Census of the United States Department of Commerce issues population totals that conflict with the totals certified by the Governor pursuant to NRS 360.285, be an estimate of the change in population for the calendar year, based upon the population totals issued by the Bureau of the Census.
κ2021 Statutes of Nevada, Page 60 (CHAPTER 17, SB 74)κ
NRS 360.285, be an estimate of the change in population for the calendar year, based upon the population totals issued by the Bureau of the Census.
(b) If] , if a new method of determining population is established pursuant to NRS 360.283, be adjusted in a manner that will result in the percentage change being based on population determined pursuant to the new method for both the fiscal year in which the allocation is made and the fiscal year immediately preceding the year in which the allocation is made.
[(c) If a local government files a formal appeal with the Bureau of the Census concerning the population total of the local government issued by the Bureau of the Census, be calculated using the population total certified by the Governor pursuant to NRS 360.285 until the appeal is resolved. If additional money is allocated to the local government because the population total certified by the Governor is greater than the population total issued by the Bureau of the Census, the State Treasurer shall deposit that additional money in a separate interest-bearing account. Upon resolution of the appeal, if the population total finally determined pursuant to the appeal is:
(1) Equal to or less than the population total initially issued by the Bureau of the Census, the State Treasurer shall transfer the total amount in the separate interest-bearing account, including interest but excluding any administrative fees, to the Local Government Tax Distribution Account for allocation among the local governments in the county pursuant to subsection 4, 5 or 6, as appropriate.
(2) Greater than the population total initially issued by the Bureau of the Census, the Executive Director shall calculate the amount that would have been allocated to the local government pursuant to subsection 4, 5 or 6, as appropriate, if the population total finally determined pursuant to the appeal had been used and the State Treasurer shall remit to the local government an amount equal to the difference between the amount actually distributed and the amount calculated pursuant to this subparagraph or the total amount in the separate interest-bearing account, including interest but excluding any administrative fees, whichever is less.]
9. On or before February 15 of each year, the Executive Director shall provide to each local government, special district and enterprise district a preliminary estimate of the revenue it will receive from the Account for that fiscal year.
10. On or before March 15 of each year, the Executive Director shall:
(a) Make an estimate of the receipts from each tax included in the Account on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles, including an estimate for each county of the receipts from each tax included in the Account; and
(b) Provide to each local government, special district and enterprise district an estimate of the amount that local government, special district or enterprise district would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.
11. A local government, special district or enterprise district may use the estimate provided by the Executive Director pursuant to subsection 10 in the preparation of its budget.
Sec. 2. NRS 377.055 is hereby amended to read as follows:
377.055 The Department shall monthly determine for each county an amount of money equal to the sum of:
1. Any fees and any taxes, interest and penalties which derive from the basic city-county relief tax collected in that county pursuant to this chapter during the preceding month, less the corresponding amount transferred to the State General Fund pursuant to subsection 3 of NRS 377.050; and
κ2021 Statutes of Nevada, Page 61 (CHAPTER 17, SB 74)κ
during the preceding month, less the corresponding amount transferred to the State General Fund pursuant to subsection 3 of NRS 377.050; and
2. That proportion of the total amount of taxes which derive from that portion of the tax levied at the rate of one-half of 1 percent 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 corresponding amount transferred to the State General Fund pursuant to subsection 3 of NRS 377.050, which the population of that county , as certified by the Governor pursuant to NRS 360.285, bears to the total population of all counties , as certified by the Governor pursuant to NRS 360.285, which have in effect a city-county relief tax ordinance,
Κ and, except as otherwise required to carry out NRS 360.850 and 360.855, deposit the money in the Local Government Tax Distribution Account created by NRS 360.660 for credit to the respective subaccounts of each county.
Sec. 3. NRS 377.057 is hereby amended to read as follows:
377.057 1. The State Controller, acting upon the relevant information furnished by the Department, shall distribute monthly from the fees, taxes, interest and penalties which derive from the supplemental city-county relief tax collected in all counties and from out-of-state businesses during the preceding month, excluding any amounts required to be remitted pursuant to NRS 360.850 and 360.855 and except as otherwise provided in subsection 2, to:
(a) Douglas, Esmeralda, Eureka, Lander, Lincoln, Lyon, Mineral, Nye, Pershing, Storey and White Pine counties, an amount equal to one-twelfth of the amount distributed in the immediately preceding fiscal year multiplied by one plus:
(1) The percentage change in the total receipts from the supplemental city-county relief tax for all counties and from out-of-state businesses, from the fiscal year 2 years preceding the immediately preceding fiscal year to the fiscal year preceding the immediately preceding fiscal year; or
(2) [Except as otherwise provided in this paragraph, the] The percentage change in the population of the county, as certified by the Governor pursuant to NRS 360.285, added to the percentage change in the Consumer Price Index for the year ending on December 31 next preceding the year of distribution,
Κ whichever is less, except that the amount distributed to the county must not be less than the amount specified in subsection 5. [If the Bureau of the Census of the United States Department of Commerce issues population totals that conflict with the totals certified by the Governor pursuant to NRS 360.285, the percentage change calculated pursuant to subparagraph (2) for the ensuing fiscal year must be an estimate of the change in population for the calendar year, based upon the population totals issued by the Bureau of the Census.]
(b) All other counties, the amount remaining after making the distributions required by paragraph (a) to each of these counties in the proportion that the amount of supplemental city-county relief tax collected in the county for the month bears to the total amount of supplemental city-county relief tax collected for that month in the counties whose distribution will be determined pursuant to this paragraph.
2. If the amount of supplemental city-county relief tax collected in a county listed in paragraph (a) of subsection 1 for the 12 most recent months for which information concerning the actual amount collected is available on February 15 of any year exceeds by more than 10 percent the amount distributed pursuant to paragraph (a) to that county for the same period, the State Controller shall distribute that countys portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (b) of subsection 1 in all subsequent fiscal years, unless a waiver is granted pursuant to subsection 3.
κ2021 Statutes of Nevada, Page 62 (CHAPTER 17, SB 74)κ
February 15 of any year exceeds by more than 10 percent the amount distributed pursuant to paragraph (a) to that county for the same period, the State Controller shall distribute that countys portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (b) of subsection 1 in all subsequent fiscal years, unless a waiver is granted pursuant to subsection 3.
3. A county which, pursuant to subsection 2, is required to have its portion of the proceeds from the supplemental city-county relief tax distributed pursuant to paragraph (b) of subsection 1 may file a request with the Nevada Tax Commission for a waiver of the requirements of subsection 2. The request must be filed on or before February 20 next preceding the fiscal year for which the county will first receive its portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (b) of subsection 1 and must be accompanied by evidence which supports the granting of the waiver. The Commission shall grant or deny a request for a waiver on or before March 10 next following the timely filing of the request. If the Commission determines that the increase in the amount of supplemental city-county relief tax collected in the county was primarily caused by:
(a) Nonrecurring taxable sales, it shall grant the request.
(b) Normal or sustainable growth in taxable sales, it shall deny the request.
Κ A county which is granted a waiver pursuant to this subsection is not required to obtain a waiver in any subsequent fiscal year to continue to receive its portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (a) of subsection 1 unless the amount of supplemental city-county relief tax collected in the county in a fiscal year again exceeds the threshold established in subsection 2.
4. The amount apportioned to each county must be deposited in the Local Government Tax Distribution Account created by NRS 360.660 for credit to the respective accounts of each county.
5. The minimum amount which may be distributed to the following counties in a month pursuant to paragraph (a) of subsection 1 is as follows:
Douglas......................................................................................... $580,993
Esmeralda......................................................................................... 53,093
Lander............................................................................................. 155,106
Lincoln.............................................................................................. 72,973
Lyon................................................................................................ 356,858
Mineral............................................................................................ 118,299
Nye.................................................................................................. 296,609
Pershing............................................................................................ 96,731
Storey................................................................................................ 69,914
White Pine...................................................................................... 158,863
[6. As used in this section, unless the context otherwise requires:
(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.
(c) Special district has the meaning ascribed to it in NRS 360.650.]
Sec. 4. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 63κ
Assembly Bill No. 35Committee on Health and Human Services
CHAPTER 18
[Approved: May 14, 2021]
AN ACT relating to health care; consolidating certain programs to assist senior citizens and persons with disabilities with costs relating to health care; revising the requirements for eligibility to receive assistance under the consolidated program; authorizing the publication, disclosure or use of information contained in a request for a subsidy under the consolidated program for certain purposes; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law: (1) creates the Fund for a Healthy Nevada; and (2) requires the State Treasurer to deposit certain proceeds from litigation against manufacturers of tobacco products into the Fund. (NRS 439.620) Existing law sets forth the authorized uses of money in the Fund, which include funding programs to assist senior citizens and persons with disabilities with the costs of prescription drugs, pharmaceutical services and certain other services. (NRS 439.630) Existing law provides separately for the administration and operation of the program to assist senior citizens and the program to assist persons with disabilities. (NRS 439.635-439.795) Sections 2-5, 7-11 and 14 of this bill consolidate those programs, and section 13 of this bill makes a conforming change to ensure the amendments to existing law made by section 6 of this bill do not inadvertently affect certain other programs.
For the purpose of determining eligibility to receive assistance under the program to assist senior citizens, existing law defines the term senior citizen to mean a person domiciled in this State who is 62 years of age or older. (NRS 439.650) Section 6 of this bill redefines the term senior citizen for the purposes of the consolidated program to mean a person who is 60 years of age or older. Section 1 of this bill defines the term person with a disability to mean a person who has a physical or intellectual disability or a related condition. Sections 8 and 14 of this bill remove language stating that certain senior citizens and persons with disabilities are entitled to assistance under those programs. Sections 8 and 14 also remove specific eligibility requirements for those programs relating to length of domicile and amount of income and instead require a senior citizen or person with a disability who wishes to receive assistance under the consolidated program to: (1) be a resident of this State; and (2) meet requirements prescribed by regulation of the Department of Health and Human Services. Section 8 of this bill additionally revises the circumstances under which the Department is authorized to grant a waiver of eligibility requirements.
Existing law prohibits any person from publishing, disclosing or using any personal or confidential information contained in a request for a subsidy under the programs to assist senior citizens and persons with disabilities except for purposes relating to the administration of those programs. (NRS 439.690, 439.795) Section 12 of this bill additionally authorizes publication, disclosure or use of such information contained in a request for a subsidy under the consolidated program for purposes relating to the administration of other programs of the Department.
κ2021 Statutes of Nevada, Page 64 (CHAPTER 18, AB 35)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 439 of NRS is hereby amended by adding thereto a new section to read as follows:
Person with a disability means:
1. A person with a physical disability, as defined in NRS 427A.1222;
2. A person with a related condition, as defined in NRS 427A.1224; or
3. A person with an intellectual disability, as defined in NRS 427A.1226.
Sec. 2. NRS 439.529 is hereby amended to read as follows:
439.529 1. The Department may, to the extent that money is available, administer a program pursuant to 42 U.S.C. §§ 300ff-21 et seq. to provide therapeutics to treat certain persons who have been diagnosed with the human immunodeficiency virus or acquired immunodeficiency syndrome and to prevent the serious deterioration of the health of such persons. The program may include the provision of subsidies and pharmaceutical services.
2. The Director shall:
(a) Establish the criteria for eligibility for participation in the program administered pursuant to this section, which must be in accordance with the provisions of 42 U.S.C. §§ 300ff-21 et seq.; and
(b) Prescribe the manner in which the program will be administered and services will be provided.
3. The Department may use any other program administered by the Department to facilitate the provision of subsidies and services pursuant to this section, including, without limitation, the provision of subsidies for pharmaceutical services to senior citizens and persons with disabilities pursuant to NRS [439.705 to 439.795,] 439.635 to 439.690, inclusive [.] , and section 1 of this act. If the Department uses another program to facilitate the provision of subsidies and services pursuant to this section, the Department shall not commingle the money available to carry out the provisions of this section and the money available to carry out the other program.
4. Money available to carry out the provisions of this section must be accounted for separately by the Department.
Sec. 3. NRS 439.620 is hereby amended to read as follows:
439.620 1. The Fund for a Healthy Nevada is hereby created in the State Treasury. The State Treasurer shall deposit in the Fund:
(a) Sixty percent of all money received by this State pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products; and
(b) Sixty percent of all money recovered by this State from a judgment in a civil action against a manufacturer of tobacco products.
2. The State Treasurer shall administer the Fund. As administrator of the Fund, the State Treasurer:
(a) Shall maintain the financial records of the Fund;
(b) Shall invest the money in the Fund as the money in other state funds is invested;
(c) Shall manage any account associated with the Fund;
(d) Shall maintain any instruments that evidence investments made with the money in the Fund;
κ2021 Statutes of Nevada, Page 65 (CHAPTER 18, AB 35)κ
(e) May contract with vendors for any good or service that is necessary to carry out the provisions of this section; and
(f) May perform any other duties necessary to administer the Fund.
3. The interest and income earned on the money in the Fund must, after deducting any applicable charges, be credited to the Fund. All claims against the Fund must be paid as other claims against the State are paid.
4. The State Treasurer or the Department may submit to the Interim Finance Committee a request for an allocation for administrative expenses from the Fund pursuant to this section. Except as otherwise limited by this subsection, the Interim Finance Committee may allocate all or part of the money so requested. The annual allocation for administrative expenses from the Fund must:
(a) Not exceed 2 percent of the money in the Fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the State Treasurer to administer the Fund; and
(b) Not exceed 5 percent of the money in the Fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the Department, including, without limitation, the Aging and Disability Services Division of the Department, to carry out its duties set forth in NRS 439.630 [,] and to administer the provisions of NRS 439.635 to 439.690, inclusive, and [NRS 439.705 to 439.795, inclusive.] section 1 of this act.
Κ For the purposes of this subsection, the amount of money available for allocation to pay for the administrative costs must be calculated at the beginning of each fiscal year based on the total amount of money anticipated by the State Treasurer to be deposited in the Fund during that fiscal year.
5. The money in the Fund remains in the Fund and does not revert to the State General Fund at the end of any fiscal year.
6. All money that is deposited or paid into the Fund is hereby appropriated to be used for any purpose authorized by the Legislature or by the Department for expenditure or allocation in accordance with the provisions of NRS 439.630. Money expended from the Fund must not be used to supplant existing methods of funding that are available to public agencies.
Sec. 4. NRS 439.630 is hereby amended to read as follows:
439.630 1. The Department shall:
(a) Conduct, or require the Grants Management Advisory Committee created by NRS 232.383 to conduct, public hearings to accept public testimony from a wide variety of sources and perspectives regarding existing or proposed programs that:
(1) Promote public health;
(2) Improve health services for children, senior citizens and persons with disabilities;
(3) Reduce or prevent alcohol and other substance use disorders; and
(4) Offer other general or specific information on health care in this State.
(b) Establish a process to evaluate the health and health needs of the residents of this State and a system to rank the health problems of the residents of this State, including, without limitation, the specific health problems that are endemic to urban and rural communities, and report the results of the evaluation to the Legislative Committee on Health Care on an annual basis.
(c) Subject to legislative authorization, allocate money for direct expenditure by the Department to pay for prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, for senior citizens and persons with disabilities pursuant to NRS 439.635 to 439.690, inclusive [.]
κ2021 Statutes of Nevada, Page 66 (CHAPTER 18, AB 35)κ
services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, for senior citizens and persons with disabilities pursuant to NRS 439.635 to 439.690, inclusive [.] , and section 1 of this act. From the money allocated pursuant to this paragraph, the Department may subsidize any portion of the cost of providing prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, to senior citizens and persons with disabilities pursuant to NRS 439.635 to 439.690, inclusive [.] , and section 1 of this act. The Department shall consider recommendations from the Grants Management Advisory Committee in carrying out the provisions of NRS 439.635 to 439.690, inclusive [.] , and section 1 of this act. The Department shall submit a quarterly report to the Governor, the Interim Finance Committee, the Legislative Committee on Health Care and any other committees or commissions the Director deems appropriate regarding the general manner in which expenditures have been made pursuant to this paragraph.
(d) Subject to legislative authorization, allocate, by contract or grant, money for expenditure by the Aging and Disability Services Division of the Department in the form of grants for existing or new programs that assist senior citizens and other specified persons with independent living, including, without limitation, programs that provide:
(1) Respite care or relief of informal caretakers, including, without limitation, informal caretakers of any person with Alzheimers disease or other related dementia regardless of the age of the person;
(2) Transportation to new or existing services to assist senior citizens in living independently; and
(3) Care in the home which allows senior citizens to remain at home instead of in institutional care.
Κ The Aging and Disability Services Division of the Department shall consider recommendations from the Grants Management Advisory Committee concerning the independent living needs of senior citizens.
(e) Allocate $200,000 of all revenues deposited in the Fund for a Healthy Nevada each year for direct expenditure by the Director to award competitive grants to finance the establishment or expansion of assisted living facilities that provide services pursuant to the provisions of the home and community-based services waiver which are amended pursuant to NRS 422.3962. The Director shall develop policies and procedures for awarding grants pursuant to this paragraph. If any money allocated pursuant to this paragraph remains after awarding grants to all eligible applicants, the Director must reallocate such money to the Aging and Disability Services Division of the Department to be used for the purposes described in paragraph (d).
(f) Subject to legislative authorization, allocate to the Division money for programs that are consistent with the guidelines established by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services relating to evidence-based best practices to prevent, reduce or treat the use of tobacco and the consequences of the use of tobacco. In making allocations pursuant to this paragraph, the Division shall allocate the money, by contract or grant:
(1) To the district board of health in each county whose population is 100,000 or more for expenditure for such programs in the respective county;
κ2021 Statutes of Nevada, Page 67 (CHAPTER 18, AB 35)κ
(2) For such programs in counties whose population is less than 100,000; and
(3) For statewide programs for tobacco cessation and other statewide services for tobacco cessation and for statewide evaluations of programs which receive an allocation of money pursuant to this paragraph, as determined necessary by the Division and the district boards of health.
(g) Subject to legislative authorization, allocate, by contract or grant, money for expenditure for programs that improve the health and well-being of residents of this State, including, without limitation, programs that improve health services for children.
(h) Subject to legislative authorization, allocate, by contract or grant, money for expenditure for programs that improve the health and well-being of persons with disabilities. In making allocations pursuant to this paragraph, the Department shall, to the extent practicable, allocate the money evenly among the following three types of programs:
(1) Programs that provide respite care or relief of informal caretakers for persons with disabilities;
(2) Programs that provide positive behavioral supports to persons with disabilities; and
(3) Programs that assist persons with disabilities to live safely and independently in their communities outside of an institutional setting.
(i) [Subject to legislative authorization, allocate money for direct expenditure by the Department to subsidize any portion of the cost of providing prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, to persons with disabilities pursuant to NRS 439.705 to 439.795, inclusive. The Department shall consider recommendations from the Grants Management Advisory Committee in carrying out the provisions of NRS 439.705 to 439.795, inclusive.
(j)] Maximize expenditures through local, federal and private matching contributions.
[(k)] (j) Ensure that any money expended from the Fund will not be used to supplant existing methods of funding that are available to public agencies.
[(l)] (k) Develop policies and procedures for the administration and distribution of contracts, grants and other expenditures to state agencies, political subdivisions of this State, nonprofit organizations, universities, state colleges and community colleges. A condition of any such contract or grant must be that not more than 8 percent of the contract or grant may be used for administrative expenses or other indirect costs. The procedures must require at least one competitive round of requests for proposals per biennium.
[(m)] (l) To make the allocations required by paragraphs (f), (g) and (h):
(1) Prioritize and quantify the needs for these programs;
(2) Develop, solicit and accept applications for allocations;
(3) Review and consider the recommendations of the Grants Management Advisory Committee submitted pursuant to NRS 232.385;
(4) Conduct annual evaluations of programs to which allocations have been awarded; and
(5) Submit annual reports concerning the programs to the Governor, the Interim Finance Committee, the Legislative Committee on Health Care and any other committees or commissions the Director deems appropriate.
κ2021 Statutes of Nevada, Page 68 (CHAPTER 18, AB 35)κ
[(n)] (m) Transmit a report of all findings, recommendations and expenditures to the Governor, each regular session of the Legislature, the Legislative Committee on Health Care and any other committees or commissions the Director deems appropriate.
[(o)] (n) After considering the recommendations submitted to the Director pursuant to subsection 6, develop a plan each biennium to determine the percentage of available money in the Fund for a Healthy Nevada to be allocated from the Fund for the purposes described in paragraphs (c), (d), (f), (g) [,] and (h) . [and (i).] The plan must be submitted as part of the proposed budget submitted to the Chief of the Budget Division of the Office of Finance pursuant to NRS 353.210.
[(p)] (o) On or before September 30 of each even-numbered year, submit to the Grants Management Advisory Committee, the Nevada Commission on Aging created by NRS 427A.032 and the Nevada Commission on Services for Persons with Disabilities created by NRS 427A.1211 a report on the funding plan submitted to the Chief of the Budget Division of the Office of Finance pursuant to paragraph [(o).] (n).
2. The Department may take such other actions as are necessary to carry out its duties.
3. To make the allocations required by paragraph (d) of subsection 1, the Aging and Disability Services Division of the Department shall:
(a) Prioritize and quantify the needs of senior citizens and other specified persons for these programs;
(b) Develop, solicit and accept grant applications for allocations;
(c) As appropriate, expand or augment existing state programs for senior citizens and other specified persons upon approval of the Interim Finance Committee;
(d) Award grants, contracts or other allocations;
(e) Conduct annual evaluations of programs to which grants or other allocations have been awarded; and
(f) Submit annual reports concerning the allocations made by the Aging and Disability Services Division pursuant to paragraph (d) of subsection 1 to the Governor, the Interim Finance Committee, the Legislative Committee on Health Care and any other committees or commissions the Director deems appropriate.
4. The Aging and Disability Services Division of the Department shall submit each proposed grant or contract which would be used to expand or augment an existing state program to the Interim Finance Committee for approval before the grant or contract is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money. The Aging and Disability Services Division of the Department shall not expend or transfer any money allocated to the Aging and Disability Services Division pursuant to this section to subsidize any portion of the cost of providing prescription drugs, pharmaceutical services and other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, to senior citizens or persons with disabilities pursuant to NRS 439.635 to 439.690, inclusive, [or to subsidize any portion of the cost of providing prescription drugs, pharmaceutical services and other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, to persons with disabilities pursuant to NRS 439.705 to 439.795, inclusive.] and section 1 of this act.
κ2021 Statutes of Nevada, Page 69 (CHAPTER 18, AB 35)κ
5. A veteran may receive benefits or other services which are available from the money allocated pursuant to this section for senior citizens or persons with disabilities to the extent that the veteran does not receive other benefits or services provided to veterans for the same purpose if the veteran qualifies for the benefits or services as a senior citizen or a person with a disability, or both.
6. On or before June 30 of each even-numbered year, the Grants Management Advisory Committee, the Nevada Commission on Aging and the Nevada Commission on Services for Persons with Disabilities each shall submit to the Director a report that includes, without limitation, recommendations regarding community needs and priorities that are determined by each such entity after any public hearings held by the entity.
Sec. 5. NRS 439.635 is hereby amended to read as follows:
439.635 As used in NRS 439.635 to 439.690, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS [439.640, 439.645 and] 439.650 and section 1 of this act have the meanings ascribed to them in those sections.
Sec. 6. NRS 439.650 is hereby amended to read as follows:
439.650 Senior citizen means a person who is [domiciled in this state and is 62] 60 years of age or older.
Sec. 7. NRS 439.655 is hereby amended to read as follows:
439.655 The Department is responsible for the administration of the provisions of NRS 439.635 to 439.690, inclusive, and section 1 of this act and may:
1. Prescribe the content and form of a request for a subsidy required to be submitted pursuant to NRS 439.670.
2. Designate the proof that must be submitted with such a request.
3. Adopt regulations to protect the confidentiality of information supplied by a senior citizen or a person with a disability requesting a subsidy pursuant to NRS 439.670.
4. Adopt such other regulations as may be required to carry out the provisions of NRS 439.635 to 439.690, inclusive [.] , and section 1 of this act.
Sec. 8. NRS 439.665 is hereby amended to read as follows:
439.665 1. The Department may:
(a) Enter into contracts with private insurers who transact health insurance in this State to subsidize the cost of prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, for senior citizens and persons with disabilities by arranging for the availability, at a reasonable cost, of policies of health insurance that provide coverage to senior citizens and persons with disabilities for prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear; or
(b) Subsidize the cost of prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, for senior citizens and persons with disabilities in any other manner.
2. Within the limits of the money available for this purpose in the Fund for a Healthy Nevada, a senior citizen or person with a disability who is not eligible for Medicaid and who is eligible for a subsidy that is made available pursuant to subsection 1 [is entitled to an annual grant] may receive assistance from the Fund to subsidize the cost of prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, if the senior citizen [has been domiciled in this State for at least 1 year immediately preceding the date of application and except as otherwise provided in subsection 5:
κ2021 Statutes of Nevada, Page 70 (CHAPTER 18, AB 35)κ
pursuant to subsection 1 [is entitled to an annual grant] may receive assistance from the Fund to subsidize the cost of prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, if the senior citizen [has been domiciled in this State for at least 1 year immediately preceding the date of application and except as otherwise provided in subsection 5:
(a) If the senior citizen is single, his or her income is not over $21,500; or
(b) If the senior citizen is married, his or her household income is not over $28,660.
Κ The monetary amounts set forth in this subsection must be adjusted for each fiscal year by adding to each amount the product of the amount shown multiplied by the percentage increase in the Consumer Price Index from December 2002 to the December preceding the fiscal year for which the adjustment is calculated.
3. The subsidy granted pursuant to this section must not exceed the annual cost of prescription drugs, pharmaceutical services and to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, provided to the senior citizen.
4. A subsidy that is made available pursuant to subsection 1 must provide for:
(a) A copayment of not more than $10 per prescription drug or pharmaceutical service that is generic as set forth in the formulary of the insurer or as set forth by the Department; and
(b) A copayment of not more than $25 per prescription drug or pharmaceutical service that is preferred as set forth in the formulary of the insurer or as set forth by the Department.
5.] or person with a disability, as applicable, is a resident of this State and meets the requirements prescribed by regulation of the Department.
3. The Department may waive [the] any eligibility requirement set forth in subsection 2 [regarding household income] or the regulations adopted pursuant thereto upon written request of the applicant or enrollee based on [one or more of the following circumstances:
(a) Illness;
(b) Disability; or
(c) Extreme] illness or extreme financial hardship, when considering the current financial circumstances of the applicant or enrollee.
[Κ] An applicant or enrollee who requests such a waiver shall include with that request all medical and financial documents that support the request.
[6.] 4. If the Federal Government provides any coverage for:
(a) Prescription drugs and pharmaceutical services; or
(b) Other benefits, including, without limitation, dental or vision benefits or hearing aids or other devices that enhance the ability to hear,
Κ for senior citizens or persons with disabilities who are eligible for a subsidy pursuant to subsections 1 [to 5, inclusive,] , 2 and 3, the Department may, upon approval of the Legislature, or the Interim Finance Committee if the Legislature is not in session, change any program established pursuant to NRS 439.635 to 439.690, inclusive, and section 1 of this act and otherwise provide assistance with prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, for senior citizens and persons with disabilities within the limits of the money available for this purpose in the Fund.
κ2021 Statutes of Nevada, Page 71 (CHAPTER 18, AB 35)κ
ability to hear, for senior citizens and persons with disabilities within the limits of the money available for this purpose in the Fund.
[7.] 5. The provisions of subsections 1 [to 5, inclusive,] , 2 and 3 do not apply to the extent that the Department provides assistance with prescription drugs, pharmaceutical services and other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, for senior citizens and persons with disabilities pursuant to subsection [6.] 4.
[8.] 6. A veteran may receive assistance with prescription drugs, pharmaceutical services and other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, pursuant to this section to the extent that the veteran does not receive other services or benefits provided to veterans for the same purpose if the veteran qualifies for the assistance as a senior citizen [.] or a person with a disability.
Sec. 9. NRS 439.670 is hereby amended to read as follows:
439.670 1. A senior citizen or person with a disability who wishes to receive a subsidy pursuant to NRS 439.665 must file a request therefor with the Department.
2. The request must be made under oath and filed in such form and content, and accompanied by such proof, as the Department may prescribe.
3. The Department shall, within 45 days after receiving a request for a subsidy, examine the request and grant or deny it.
4. The Department shall determine which senior citizens and persons with disabilities are eligible to receive a subsidy pursuant to NRS 439.665 and, if the Department has entered into a contract pursuant to NRS 439.665 to provide the subsidy, pay the subsidy directly to the person or entity with whom the Department has entered into the contract.
Sec. 10. NRS 439.675 is hereby amended to read as follows:
439.675 1. The Department shall deny any request for a subsidy received pursuant to NRS 439.670 [to which] if the senior citizen or person with a disability, as applicable, is not [entitled.] eligible to receive the subsidy pursuant to NRS 439.665.
2. The Department may deny in total any request which it finds to have been filed with fraudulent intent. If any such request has been paid and is afterward denied, the amount of the subsidy must be repaid by the senior citizen or person with a disability, as applicable, to the Department.
3. Any amounts received by the Department pursuant to this section must be deposited with the State Treasurer for credit to the Fund for a Healthy Nevada.
Sec. 11. NRS 439.685 is hereby amended to read as follows:
439.685 Any subsidy granted pursuant to NRS 439.665 to a senior citizen or person with a disability who is not qualified for such a subsidy may be revoked by the Department. If a subsidy is so revoked, the senior citizen or person with a disability, as applicable, shall make restitution to the Department for any subsidy that the senior citizen or person with a disability has improperly received, and the Department shall take all proper actions to collect the amount of the subsidy as a debt.
Sec. 12. NRS 439.690 is hereby amended to read as follows:
439.690 No person may publish, disclose or use any personal or confidential information contained in a request for a subsidy submitted pursuant to NRS 439.670 except for purposes relating to the administration of [NRS 439.635 to 439.690, inclusive.] a program of the Department.
κ2021 Statutes of Nevada, Page 72 (CHAPTER 18, AB 35)κ
Sec. 13. NRS 612.607 is hereby amended to read as follows:
612.607 1. All payments collected pursuant to NRS 612.606 must be deposited in the Unemployment Compensation Administration Fund. At the end of each fiscal year, the State Controller shall transfer to the Clearing Account in the Unemployment Compensation Fund the amount by which the unencumbered balance of the money deposited in the Unemployment Compensation Administration Fund pursuant to this subsection exceeds the amount of that money which the Legislature has authorized for expenditure during the first 90 days of the succeeding fiscal year.
2. Except for money transferred from the Unemployment Compensation Administration Fund pursuant to subsection 1, the Administrator may only expend the money collected for the employment and training of unemployed persons and persons employed in this State to:
(a) Establish and administer an employment training program which must foster job creation, minimize unemployment costs of employers and meet the needs of employers for skilled workers by providing training to unemployed persons.
(b) Establish or provide support for job training programs in the public and private sectors for training, retraining or improving the skills of persons employed in this State.
(c) Establish a program to provide grants of money to a nonprofit private entity to be used to make loans of money to veterans and senior citizens to start small businesses. The Administrator shall adopt regulations establishing criteria and standards relating to the eligibility for and use of any grants made pursuant to this paragraph.
(d) Pay the costs of the collection of payments required pursuant to NRS 612.606.
3. The money used for the program for the employment and training of unemployed persons and persons employed in this State must supplement and not displace money available through existing employment training programs conducted by any employer or public agency and must not replace, parallel, supplant, compete with or duplicate in any way existing apprenticeship programs approved by the State Apprenticeship Council.
4. As used in this section:
(a) Senior citizen [has the meaning ascribed to it in NRS 439.650.] means a person who is domiciled in this State and is 62 years of age or older.
(b) Small business means a business conducted for profit which:
(1) Employs 50 or fewer full-time employees; and
(2) Has gross annual sales of less than $5,000,000.
Sec. 14. NRS 439.640, 439.645, 439.705, 439.715, 439.725, 439.735, 439.745, 439.755, 439.765, 439.775, 439.785 and 439.795 are hereby repealed.
Sec. 15. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 14, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2022, for all other purposes.
________
κ2021 Statutes of Nevada, Page 73κ
Assembly Bill No. 138Assemblymen Martinez; Benitez-Thompson and Yeager
Joint Sponsors: Senators Cannizzaro, D. Harris, Ohrenschall, Ratti and Spearman
CHAPTER 19
[Approved: May 14, 2021]
AN ACT relating to public assistance; revising provisions relating to the eligibility of certain convicted persons for public assistance; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing federal law provides that a person who has been convicted of certain felony drug offenses is generally not eligible for benefits under the Temporary Assistance for Needy Families (TANF) program, which is a federal program pursuant to which the federal government provides grants of money to states to provide financial assistance to certain families, or the Supplemental Nutrition Assistance Program (SNAP), which is a federal program to provide assistance to certain families for the purchase of food. (21 U.S.C. § 862a(a)) Existing federal law authorizes a state to opt out of this limitation and allow a person who was convicted of a felony drug offense to be eligible for TANF and SNAP benefits in that state. (21 U.S.C. § 862a(d)(1)(A)) Similarly, existing Nevada law provides that a person who has been convicted of felony possession, use or distribution of a controlled substance is not eligible for TANF or SNAP benefits, unless the convicted person is participating in or has completed a program for the treatment of a substance use disorder approved by the Division of Welfare and Supportive Services of the Department of Health and Human Services and the person either: (1) demonstrates that he or she has not possessed, used or distributed controlled substances since he or she began the program; or (2) is pregnant and a physician certifies that TANF or SNAP benefits are required to ensure the health and safety of the mother and the unborn child. (NRS 422A.345)
This bill removes the provisions that make the convicted person ineligible for TANF or SNAP benefits for felony possession, use or distribution of a controlled substance, thereby authorizing such a convicted person to receive TANF and SNAP benefits.
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 422A.345 is hereby amended to read as follows:
422A.345 1. [Except as otherwise provided in subsection 2, a] A person who has been convicted of a felony , [after August 22, 1996,] an element of which is the possession, use or distribution of a controlled substance, [is not eligible to] may receive any public assistance for which [denial is required by] he or she is otherwise eligible. Pursuant to 21 U.S.C. § 862a(d)(1)(A), all persons domiciled in this State are exempt from the application of 21 U.S.C. § [862a.] 862a(a).
2. [A person who has been convicted of a felony described in subsection 1 may be determined to be eligible for assistance if that person is participating in or has successfully completed a program for the treatment of a substance use disorder that has been approved by the Division and:
κ2021 Statutes of Nevada, Page 74 (CHAPTER 19, AB 138)κ
participating in or has successfully completed a program for the treatment of a substance use disorder that has been approved by the Division and:
(a) Demonstrates to the satisfaction of the Division that he or she has not possessed, used or distributed controlled substances since he or she began the program; or
(b) Is pregnant and a physician has certified in writing that the health and safety of the mother and the unborn child are dependent upon the receipt of benefits.
3.] As used in this section, controlled substance has the meaning ascribed to it in 21 U.S.C. § 802(6).
Sec. 2. This act becomes effective on July 1, 2021.
________
Senate Bill No. 71Committee on Judiciary
CHAPTER 20
[Approved: May 18, 2021]
AN ACT relating to unclaimed property; revising provisions of the Uniform Unclaimed Property Act; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, Nevada has enacted the Uniform Unclaimed Property Act, which establishes the powers, duties and liabilities of the State and other persons concerning certain property which is unclaimed by its owner and presumed abandoned. Existing law also provides that the State Treasurer is the Administrator of Unclaimed Property for the purposes of the Act. (Chapter 120A of NRS) Sections 2-16 of this bill make various changes to the Act.
Under existing law, property that is referred to as or evidenced by virtual currency constitutes property that could become unclaimed by its owner, presumed abandoned and required to be delivered to the Administrator. (NRS 120A.113, 120A.500, 120A.570) Section 3 of this bill defines virtual currency for these purposes and excludes game-related digital content as property to which provisions governing unclaimed property apply. Section 2 of this bill defines game-related digital content for that purpose. Section 5 of this bill indicates the placement of sections 2 and 3 within the Act.
Existing law authorizes the Administrator to adopt regulations to facilitate the payment or delivery of property to an apparent owner under certain circumstances without that apparent owner filing a claim. (NRS 120A.715) Section 15 of this bill removes such authority for the adoption of regulations. Section 4 of this bill directly authorizes the Administrator to initiate and facilitate the payment or delivery of property to an apparent owner under certain circumstances without that apparent owner filing a claim. Under section 4, the circumstances of such payment or delivery without a claim involve the Administrators review and confirmation of the accuracy of evidence of the identity of the apparent owner.
Existing law governs when certain forms of property are presumed abandoned and required to be paid or delivered to the Administrator. (NRS 120A.500, 120A.570) In particular, existing law provides that certain forms of savings and similar accounts are presumed abandoned 3 years after the date of the last indication by the owner of interest in the property. (NRS 120A.500) Section 7 of this bill revises this provision to refer to an indication of interest in the property by an apparent owner. Section 7 further provides that actions by certain agents or other representatives of an apparent owner are presumed to be actions on behalf of the apparent owner.
κ2021 Statutes of Nevada, Page 75 (CHAPTER 20, SB 71)κ
presumed to be actions on behalf of the apparent owner. Section 7 also revises the terminology used to refer to funds relating to the costs of burial for the purposes of the presumption of abandonment of such funds. Section 6 of this bill revises the definition of the term property to exclude certain items related to burial and any property held in an endowment care fund as property that could become unclaimed by its owner, presumed abandoned and required to be delivered to the Administrator.
Existing law establishes the circumstances under which property that is presumed to be abandoned by its owner becomes subject to the jurisdiction of this State. In certain cases, jurisdiction is determined by reference to the domicile of the holder of the property. (NRS 120A.530) Section 8 of this bill provides that if a holders state of domicile has changed since the time property was presumed abandoned, the holders state of domicile is deemed to be the state where the holder was domiciled at the time the property was presumed abandoned. Section 8 also establishes rules governing the use of addresses for the purposes of jurisdiction in cases involving: (1) certain insurance policies and annuity contracts; (2) certain property whose ownership vests in a beneficiary upon the death of the owner; (3) an apparent owner with multiple addresses of record; and (4) an apparent owner whose address of record is a temporary address.
Existing law prohibits a holder of tangible property held in a safe-deposit box that the holder has reported to the Administrator as presumed abandoned from delivering the property to the Administrator until 60 days after the holder files the report. (NRS 120A.570) Section 9 of this bill provides instead that the holder of such property is required to deliver it to the Administrator within 60 days after filing the report.
Existing law establishes certain remedies, including reimbursement, for holders who pay or deliver property to the Administrator in good faith and subsequently make payment to a person who reasonably appears to be entitled to such payment. (NRS 120A.590) Section 9.5 of this bill makes those same remedies available to holders who pay or deliver property to the Administrator in error. Section 9.5 also revises certain provisions governing the process of reimbursement.
Existing law establishes the procedures that a person who wishes to claim ownership of property that has been paid or delivered to the Administrator as presumed abandoned must follow. (NRS 120A.640) Section 11 of this bill authorizes the Administrator to require a person who files such a claim on behalf of an estate to furnish evidence that the claimant is working on behalf of a person with an interest in the estate, such as an heir or a creditor. Section 11 also provides that a claim filed with the Administrator and any correspondence or other documents generated in connection with such a claim are confidential. Section 17 of this bill makes a conforming change concerning public records to provide for the confidentiality of such documents.
Existing law authorizes a holder of property, under certain circumstances, to report and deliver property to the Administrator before the passage of the time prescribed by statute to otherwise treat the property as presumed abandoned. (NRS 120A.660) Section 12 of this bill eliminates the requirement that the Administrator hold such property and eliminates the requirement that the property is not presumed abandoned until the time has passed for the owner to claim it.
Existing law authorizes the Administrator to examine the records of persons who may have statutorily imposed duties with respect to unclaimed property to determine whether they have complied with those statutes. Existing law requires the Administrator to give reasonable notice before conducting such examinations. (NRS 120A.690) Section 13 of this bill requires instead that the Administrator make only a good faith effort to provide such notice. Section 13 also authorizes the Administrator to: (1) require holders of property to furnish records in particular formats; and (2) issue and enforce administrative subpoenas to obtain such records.
Existing law requires a holder of property who is required to file a report with the Administrator to maintain the records that contain the required information for 7 years after the holder files the report, unless the Administrator provides a shorter period by regulation. (NRS 120A.700) Section 14 of this bill requires such holders who wish to exclude certain information from a report to similarly maintain any records upon which the person wishes to rely to justify excluding the information.
κ2021 Statutes of Nevada, Page 76 (CHAPTER 20, SB 71)κ
Existing law prescribes requirements and restrictions relating to an agreement between an owner of property and another person, the primary purpose of which is to locate, deliver, recover or assist in the recovery of property of the owner that is presumed abandoned. One of the restrictions is that the compensation in such an agreement may not exceed 10 percent of the total value of the property that is the subject of the agreement. (NRS 120A.740) Section 16 of this bill increases the maximum percentage in that restriction to 20 percent if the property was paid or delivered to the Administrator 5 years or more before the agreement was signed. Section 16 also expands the required contents of such an agreement.
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 120A of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. Game-related digital content means digital content that exists only in an electronic game or electronic-game platform. The term includes:
(a) Game-play currency, such as a virtual wallet, even if denominated in United States currency; and
(b) If for use or redemption only within the electronic game or electronic-game platform:
(1) Points, sometimes referred to as gems, tokens, gold and similar names; and
(2) Digital codes.
2. The term does not include an item that the issuer:
(a) Permits to be redeemed for use outside an electronic game or electronic-game platform for:
(1) Money; or
(2) Goods or services that have more than minimal value; or
(b) Otherwise monetizes for use outside an electronic game or electronic-game platform.
Sec. 3. Virtual currency means a digital representation of value used as a medium of exchange, unit of account or store of value, that does not have legal tender status recognized by the United States. The term does not include:
1. The software or protocols governing the transfer of the digital representation of value;
2. Game-related digital content; or
3. A loyalty card or gift certificate.
Sec. 4. If the Administrator reasonably believes a person is the apparent owner of property after reviewing and confirming the accuracy of evidence of the identity of the person, the Administrator may initiate and facilitate the payment or delivery of the property to the person pursuant to this chapter without the person filing a claim.
Sec. 5. NRS 120A.020 is hereby amended to read as follows:
120A.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 120A.025 to 120A.120, inclusive, and sections 2 and 3 of this act, have the meanings ascribed to them in those sections.
κ2021 Statutes of Nevada, Page 77 (CHAPTER 20, SB 71)κ
Sec. 6. NRS 120A.113 is hereby amended to read as follows:
120A.113 1. Property means tangible property described in NRS 120A.510 or a fixed and certain interest in intangible property that is held, issued or owed in the course of a holders business or by a government, governmental subdivision, agency or instrumentality.
2. The term includes, without limitation:
(a) All income from or increments to the property.
(b) Property that is referred to as or evidenced by:
(1) Money, virtual currency or interest, or a payroll card, dividend, check, draft or deposit;
(2) A credit balance, customers overpayment, stored-value card, security deposit, refund, credit memorandum, unpaid wage, unused ticket for which the issuer has an obligation to provide a refund, mineral proceeds or unidentified remittance;
(3) A security, except for a security that is subject to a lien, legal hold or restriction evidenced on the records of the holder or imposed by operation of law, if the lien, legal hold or restriction restricts the holders or owners ability to receive, transfer, sell or otherwise negotiate the security;
(4) A bond, debenture, note or other evidence of indebtedness;
(5) Money deposited to redeem a security, make a distribution or pay a dividend;
(6) An amount due and payable under the terms of an annuity or insurance policy; and
(7) An amount distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental unemployment insurance or similar benefits.
3. The term does not include:
(a) Property held in an ABLE account described in section 529A of the Internal Revenue Code, 26 U.S.C. § 529A;
(b) Game-related digital content; [or]
(c) A loyalty card [.] ;
(d) A plot, niche or crypt intended or constructed for the burial, entombment or inurnment of human remains; or
(e) Property held in an endowment care fund established pursuant to NRS 452.050.
Sec. 7. NRS 120A.500 is hereby amended to read as follows:
120A.500 1. Except as otherwise provided in subsections 6 and 7, property is presumed abandoned if it is unclaimed by the apparent owner during the time set forth below for the particular property:
(a) A travelers check, 15 years after issuance;
(b) A money order, 7 years after issuance;
(c) Any stock or other equity interest in a business association or financial organization, including a security entitlement under NRS 104.8101 to 104.8511, inclusive, 3 years after the earlier of the date of the most recent dividend, stock split or other distribution unclaimed by the apparent owner, or the date of the second mailing of a statement of account or other notification or communication that was returned as undeliverable or after the holder discontinued mailings, notifications or communications to the apparent owner;
κ2021 Statutes of Nevada, Page 78 (CHAPTER 20, SB 71)κ
(d) Any debt of a business association or financial organization, other than a bearer bond or an original issue discount bond, 3 years after the date of the most recent interest payment unclaimed by the apparent owner;
(e) A demand, savings or time deposit, including a deposit that is automatically renewable, 3 years after the earlier of maturity or the date of the last indication by the owner of interest in the property, but a deposit that is automatically renewable is deemed matured for purposes of this section upon its initial date of maturity, unless the owner has consented to a renewal at or about the time of the renewal and the consent is in writing or is evidenced by a memorandum or other record on file with the holder;
(f) Except as otherwise provided in NRS 120A.520, any money or credits owed to a customer as a result of a retail business transaction, 3 years after the obligation accrued;
(g) Any amount owed by an insurer on a life or endowment insurance policy or an annuity that has matured or terminated, 3 years after the obligation to pay arose under the terms of the policy or contract or, if a policy or contract for which payment is owed on proof of death has not matured by proof of death of the insured or annuitant:
(1) With respect to an amount owed for a life or endowment insurance policy, 3 years after the earlier of the date:
(I) The insurance company has knowledge of the death of the insured; or
(II) The insured has attained, or would have attained if living, the limiting age under the mortality table on which the reserve is based; and
(2) With respect to an amount owed on an annuity contract, 3 years after the date the insurance company has knowledge of the death of the annuitant;
(h) Any property distributable by a business association or financial organization in a course of dissolution, 1 year after the property becomes distributable;
(i) Any property received by a court as proceeds of a class action and not distributed pursuant to the judgment, 1 year after the distribution date;
(j) Except as otherwise provided in NRS 607.170 and 703.375, any property held by a court, government, governmental subdivision, agency or instrumentality, 1 year after the property becomes distributable;
(k) Any wages or other compensation for personal services, 1 year after the compensation becomes payable;
(l) A deposit or refund owed to a subscriber by a utility, 1 year after the deposit or refund becomes payable;
(m) Any property in an individual retirement account, defined benefit plan or other account or plan that is qualified for tax deferral under the income tax laws of the United States, 3 years after the later of:
(1) The date determined as follows:
(I) Except as otherwise provided in sub-subparagraph (II), the date a second consecutive communication sent by the holder by first-class United States mail to the apparent owner is returned to the holder undelivered by the United States Postal Service; or
(II) If the second communication is sent later than 30 days after the date the first communication is returned undelivered, the date the first communication was returned undelivered by the United States Postal Service; or
(2) The earlier of the following dates:
κ2021 Statutes of Nevada, Page 79 (CHAPTER 20, SB 71)κ
(I) The date the apparent owner becomes 70.5 years of age, if determinable by the holder; or
(II) If the Internal Revenue Code requires distribution to avoid a tax penalty, 2 years after the date the holder receives, in the ordinary course of business, confirmation of the death of the apparent owner;
(n) [An account of funds established to meet the costs of burial,] The trust liability of a trust fund established with respect to a prepaid contract for funeral services or burial services as required by chapter 689 of NRS, 3 years after the earlier of:
(1) The date of death of the beneficiary; or
(2) If the holder does not know whether the beneficiary is deceased, the date the beneficiary has attained, or would have attained if living, the age of 105 years; and
(o) All other property, 3 years after the owners right to demand the property or after the obligation to pay or distribute the property arises, whichever first occurs.
2. At the time that an interest is presumed abandoned under subsection 1, any other property right accrued or accruing to the owner as a result of the interest, and not previously presumed abandoned, is also presumed abandoned.
3. Property is unclaimed if, for the applicable period set forth in subsection 1 or 7, as applicable, the apparent owner has not communicated, in writing or by other means reflected in a contemporaneous record prepared by or on behalf of the holder, with the holder concerning the property or the account in which the property is held and has not otherwise indicated an interest in the property. A communication with an owner by a person other than the holder or its representative who has not in writing identified the property to the owner is not an indication of interest in the property by the owner.
4. An indication of an owners interest in property includes:
(a) The presentment of a check or other instrument of payment of a dividend or other distribution made with respect to an account or underlying stock or other interest in a business association or financial organization or, in the case of a distribution made by electronic or similar means, evidence that the distribution has been received;
(b) [Owner-directed activity] Activity directed by an apparent owner in the account in which the property is held, including accessing the account or information concerning the account or a direction by the apparent owner to increase, decrease or change the amount or type of property held in the account;
(c) The making of a deposit to or withdrawal from a bank account; and
(d) The payment of a premium with respect to a property interest in an insurance policy, but the application of an automatic premium loan provision or other nonforfeiture provision contained in an insurance policy does not prevent a policy from maturing or terminating if the insured has died or the insured or the beneficiary of the policy has otherwise become entitled to the proceeds before the depletion of the cash surrender value of a policy by the application of those provisions.
Κ For the purposes of this subsection, an action by an agent or other representative of the apparent owner, other than the holder acting as the agent of the apparent owner, is presumed to be an action on behalf of the apparent owner.
κ2021 Statutes of Nevada, Page 80 (CHAPTER 20, SB 71)κ
5. Property is payable or distributable for purposes of this chapter notwithstanding the owners failure to make demand or present an instrument or document otherwise required to obtain payment.
6. The following property clearly designated as such must not be presumed abandoned because of inactivity or failure to make a demand:
(a) An account or asset managed through a guardianship;
(b) An account blocked at the direction of a court;
(c) A trust account established to address a special need;
(d) A qualified income trust account;
(e) A trust account established for tuition purposes; and
(f) A trust account established on behalf of a client.
7. For property described in paragraphs (c) to (f), inclusive, and (o) of subsection 1, the 3-year period described in each of those paragraphs must be reduced to a 2-year period if the holder of the property reported more than $10 million in property presumed abandoned on the holders most recent report of abandoned property made pursuant to NRS 120A.560.
Sec. 8. NRS 120A.530 is hereby amended to read as follows:
120A.530 1. Except as otherwise provided in this chapter or by other statute of this State, property that is presumed abandoned, whether located in this or another state, is subject to the custody of this State if:
[1.] (a) The last known address of the apparent owner, as shown on the records of the holder, is in this State;
[2.] (b) The records of the holder do not reflect the identity of the person entitled to the property and it is established that the last known address of the person entitled to the property is in this State;
[3.] (c) The records of the holder do not reflect the last known address of the apparent owner and it is established that:
[(a)] (1) The last known address of the person entitled to the property is in this State; or
[(b)] (2) The holder is domiciled in this State or is a government or governmental subdivision, agency or instrumentality of this State and has not previously paid or delivered the property to the state of the last known address of the apparent owner or other person entitled to the property;
[4.] (d) The last known address of the apparent owner, as shown on the records of the holder, is in a state that does not provide for the escheat or custodial taking of the property and the holder is domiciled in this State or is a government or governmental subdivision, agency or instrumentality of this State;
[5.] (e) The last known address of the apparent owner, as shown on the records of the holder, is in a foreign country and the holder is domiciled in this State or is a government or governmental subdivision, agency or instrumentality of this State;
[6.] (f) The transaction out of which the property arose occurred in this State, the holder is domiciled in a state that does not provide for the escheat or custodial taking of the property and the last known address of the apparent owner or other person entitled to the property is unknown or is in a state that does not provide for the escheat or custodial taking of the property; or
[7.] (g) The property is a travelers check or money order purchased in this State or the issuer of the travelers check or money order has its principal place of business in this State and the issuers records show that the instrument was purchased in a state that does not provide for the escheat or custodial taking of the property or do not show the state in which the instrument was purchased.
κ2021 Statutes of Nevada, Page 81 (CHAPTER 20, SB 71)κ
instrument was purchased in a state that does not provide for the escheat or custodial taking of the property or do not show the state in which the instrument was purchased.
2. For the purposes of this section:
(a) If a holders state of domicile has changed since the time the property was presumed abandoned, the holders state of domicile is deemed to be the state where the holder was domiciled at the time the property was presumed abandoned.
(b) The last known address of the apparent owner of a life or endowment insurance policy or annuity contract or its proceeds is presumed to be the address of the insured or annuitant if a person other than the insured or annuitant is entitled to the amount owed under the policy or contract and the address of the other person is not known by the insurance company and cannot be determined pursuant to this section.
(c) The address of the owner of property where ownership vests in a beneficiary upon the death of the owner, other than property described in paragraph (b), is presumed to be the address of the deceased owner if the address of the beneficiary is not known by the holder and cannot be determined pursuant to this section.
(d) Except as otherwise provided in paragraph (e), if the records of a holder reflect multiple addresses for an apparent owner and this State is the state of the most recently recorded address, this State may take custody of the property presumed abandoned, whether located in this State or another state.
(e) If it appears from the records of a holder that the most recently recorded address of the apparent owner is a temporary address and this State is the state of the next most recently recorded address that is not a temporary address, this State may take custody of the property presumed abandoned.
Sec. 9. NRS 120A.570 is hereby amended to read as follows:
120A.570 1. Except for property held in a safe-deposit box or other safekeeping depository, upon filing the report required by NRS 120A.560, the holder of property presumed abandoned shall pay, deliver or cause to be paid or delivered to the Administrator the property described in the report as unclaimed, but if the property is an automatically renewable deposit, and a penalty or forfeiture in the payment of interest would result, the time for compliance is extended until a penalty or forfeiture would no longer result. Tangible property held in a safe-deposit box or other safekeeping depository [may not] must be delivered to the Administrator [until] within 60 days after filing the report required by NRS 120A.560.
2. If the property reported to the Administrator is a security or security entitlement under NRS 104.8101 to 104.8511, inclusive, the Administrator is an appropriate person to make an endorsement, instruction or entitlement order on behalf of the apparent owner to invoke the duty of the issuer or its transfer agent or the securities intermediary to transfer or dispose of the security or the security entitlement in accordance with NRS 104.8101 to 104.8511, inclusive.
3. If the holder of property reported to the Administrator is the issuer of a certificated security, the Administrator has the right to obtain a replacement certificate pursuant to NRS 104.8405, but an indemnity bond is not required.
4. An issuer, the holder and any transfer agent or other person acting pursuant to the instructions of and on behalf of the issuer or holder in accordance with this section is not liable to the apparent owner and must be indemnified against claims of any person in accordance with NRS 120A.590.
κ2021 Statutes of Nevada, Page 82 (CHAPTER 20, SB 71)κ
accordance with this section is not liable to the apparent owner and must be indemnified against claims of any person in accordance with NRS 120A.590.
Sec. 9.5. NRS 120A.590 is hereby amended to read as follows:
120A.590 1. For the purposes of this section, payment or delivery is made in good faith if:
(a) Payment or delivery was made in a reasonable attempt to comply with this chapter;
(b) The holder was not then in breach of a fiduciary obligation with respect to the property and had a reasonable basis for believing, based on the facts then known, that the property was presumed abandoned; and
(c) There is no showing that the records under which the payment or delivery was made did not meet reasonable commercial standards of practice.
2. Upon payment or delivery of property to the Administrator, the State assumes custody and responsibility for the safekeeping of the property. A holder who pays or delivers property to the Administrator in good faith is relieved of all liability arising thereafter with respect to the property.
3. A holder who has paid money to the Administrator pursuant to this chapter may subsequently [make payment] file a claim for reimbursement from the Administrator of the amount paid if the holder:
(a) Paid the money in error; or
(b) After paying the money to the Administrator, paid money to a person who the holder reasonably [appearing to the holder] believed to be entitled to payment. [Upon a filing by the holder of proof of payment and proof that the payee was entitled to the payment, the Administrator shall promptly reimburse the holder for the payment without imposing a fee or other charge.]
4. If a claim for reimbursement pursuant to this section is [sought] filed for a payment made on a negotiable instrument, including a travelers check , [or] money order [,] or similar instrument, the holder must [be reimbursed upon filing] submit proof that the instrument was duly presented and that payment was made to a person who the holder reasonably [appeared] believed to be entitled to payment. The holder may claim reimbursement even if the payment was made to a person whose claim was made after the expiration of a period of limitation on the owners right to receive or recover property, whether specified by contract, statute or court order.
5. A holder who has delivered property other than money to the Administrator pursuant to this chapter may file a claim for return of the property from the Administrator if:
(a) The holder delivered the property in error; or
(b) The apparent owner has claimed the property from the holder.
6. If a claim for return of property pursuant to subsection 5 is filed, the holder must include with the claim evidence sufficient to establish that the apparent owner has claimed the property from the holder or that the property was delivered by the holder to the Administrator in error.
7. The Administrator may determine that an affidavit submitted by a holder is evidence sufficient to establish that the holder is entitled to reimbursement or to recover property pursuant to this section.
8. A holder is not required to pay a fee or other charge for reimbursement or return of property pursuant to this section.
κ2021 Statutes of Nevada, Page 83 (CHAPTER 20, SB 71)κ
9. A holder otherwise entitled to reimbursement must be reimbursed for payment made even if the payment was made to a person whose claim was barred under subsection 1 of NRS 120A.680.
[4.] 10. A holder who has delivered property other than money to the Administrator pursuant to this chapter may reclaim the property if it is still in the possession of the Administrator, without paying any fee or other charge, upon filing proof that the apparent owner has claimed the property from the holder.
[5.] 11. The Administrator may accept a holders affidavit as sufficient proof of the holders right to recover money and property under this section.
[6.] 12. If a holder pays or delivers property to the Administrator in good faith and thereafter another person claims the property from the holder or another state claims the money or property under its laws relating to escheat or abandoned or unclaimed property, the Administrator, upon written notice of the claim, shall defend the holder against the claim and indemnify the holder against any liability on the claim resulting from payment or delivery of the property to the Administrator.
[7.] 13. Property removed from a safe-deposit box or other safekeeping depository is received by the Administrator subject to the holders right to be reimbursed for the cost of the opening and to any valid lien or contract providing for the holder to be reimbursed for unpaid rent or storage charges. The Administrator shall reimburse the holder out of the proceeds remaining after deducting the expense incurred by the Administrator in selling the property.
Sec. 10. NRS 120A.630 is hereby amended to read as follows:
120A.630 1. After property has been paid or delivered to the Administrator under this chapter, another state may recover the property if:
(a) The property was paid or delivered to the custody of this State because the records of the holder did not reflect a last known location of the apparent owner within the borders of the other state and the other state establishes that the apparent owner or other person entitled to the property was last known to be located within the borders of that state and under the laws of that state the property has escheated or become subject to a claim of abandonment by that state;
(b) The property was paid or delivered to the custody of this State because the laws of the other state did not provide for the escheat or custodial taking of the property and under the laws of that state subsequently enacted the property has escheated or become subject to a claim of abandonment by that state;
(c) The records of the holder were erroneous in that they did not accurately identify the owner of the property and the last known location of the owner within the borders of another state and under the laws of that state the property has escheated or become subject to a claim of abandonment by that state;
(d) The property was subjected to custody by this State under paragraph (f) of subsection [6] 1 of NRS 120A.530, and under the laws of the state of domicile of the holder the property has escheated or become subject to a claim of abandonment by that state; or
(e) The property is a sum payable on a travelers check, money order or similar instrument that was purchased in the other state and delivered into the custody of this State under paragraph (g) of subsection [7] 1 of NRS 120A.530, and under the laws of the other state the property has escheated or become subject to a claim of abandonment by that state.
κ2021 Statutes of Nevada, Page 84 (CHAPTER 20, SB 71)κ
2. A claim of another state to recover escheated or abandoned property must be presented in a form prescribed by the Administrator, who shall decide the claim within 90 days after it is presented. The Administrator shall allow the claim upon determining that the other state is entitled to the abandoned property under subsection 1.
3. The Administrator shall require another state, before recovering property under this section, to agree to indemnify this State and its officers and employees against any liability on a claim to the property.
Sec. 11. NRS 120A.640 is hereby amended to read as follows:
120A.640 1. A person, excluding another state, claiming property paid or delivered to the Administrator may file a claim on a form prescribed by the Administrator and verified by the claimant.
2. Within 90 days after a claim is filed, the Administrator shall allow or deny the claim and give written notice of the decision to the claimant. If the claim is denied, the Administrator shall inform the claimant of the reasons for the denial and specify what additional evidence is required before the claim will be allowed. The claimant may then file a new claim with the Administrator or maintain an action under NRS 120A.650.
3. Except as otherwise provided in subsection 5, within 30 days after a claim is allowed, the property or the net proceeds of a sale of the property must be delivered or paid by the Administrator to the claimant, together with any dividend, interest or other increment to which the claimant is entitled under NRS 120A.600 and 120A.610.
4. A holder who pays the owner for property that has been delivered to the State and which, if claimed from the Administrator by the owner would be subject to an increment under NRS 120A.600 and 120A.610 may recover from the Administrator the amount of the increment.
5. The Administrator may require a person with a claim in excess of $2,000 to furnish a bond and indemnify the State against any loss resulting from the approval of such claim if the claim is based upon an original instrument, including, without limitation, a certified check or a stock certificate or other proof of ownership of securities, which cannot be furnished by the person with the claim.
6. Property held under this chapter by the Administrator is subject to a claim for the payment of a debt which the Administrator determines to be enforceable and which the owner owes in this State for:
(a) Support of a child, including, without limitation, any related collection costs and any amounts which may be combined with maintenance for a former spouse;
(b) A civil or criminal fine or penalty, court costs or a surcharge or restitution imposed by a final order of an administrative agency or a final judgment of a court; or
(c) A state or local tax, and any related penalty and interest.
7. The Administrator may require a person who files a claim on behalf of an estate to furnish evidence that the claimant has been contacted by, or is otherwise working on behalf of, a person with an interest in the estate, including, without limitation, an heir or a creditor. Failure to provide such evidence is grounds for denial of the claim.
8. A claim filed with the Administrator pursuant to this section, and any correspondence or other documents generated in connection with such a claim in the possession of the Administrator, is confidential and not a public record, but may be:
κ2021 Statutes of Nevada, Page 85 (CHAPTER 20, SB 71)κ
(a) Used by the Administrator in any manner to carry out his or her duties under this chapter; or
(b) Produced pursuant to a subpoena or court order.
Sec. 12. NRS 120A.660 is hereby amended to read as follows:
120A.660 1. The Administrator may decline to receive property reported under this chapter which the Administrator considers to have a value less than the expenses of notice and sale.
2. A holder, with the written consent of the Administrator and upon conditions and terms prescribed by the Administrator, may report and deliver property before the property is presumed abandoned. [Property so delivered must be held by the Administrator and is not presumed abandoned until it otherwise would be presumed abandoned under this chapter.]
Sec. 13. NRS 120A.690 is hereby amended to read as follows:
120A.690 1. The Administrator may require a person who has not filed a report, or a person who the Administrator believes has filed an inaccurate, incomplete or false report, to file a verified report in a form specified by the Administrator. The report must state whether the person is holding property reportable under this chapter, describe property not previously reported or as to which the Administrator has made inquiry, and specifically identify and state the amounts of property that may be in issue.
2. The Administrator, at reasonable times and upon a good faith effort to provide reasonable notice, may examine the records of any person to determine whether the person has complied with this chapter. The Administrator may conduct the examination even if the person believes he or she is not in possession of any property that must be reported, paid or delivered under this chapter. The Administrator may contract with any other person to conduct the examination on behalf of the Administrator.
3. The Administrator at reasonable times may examine the records of an agent, including a dividend disbursing agent or transfer agent, of a business association or financial organization that is the holder of property presumed abandoned if the Administrator has [given the] made the good faith effort to provide notice required by subsection 2 to both the association or organization and the agent . [at least 90 days before the examination.]
4. Documents and working papers obtained or compiled by the Administrator, or the Administrators agents, employees or designated representatives, in the course of conducting an examination are confidential and are not public records, but the documents and papers may be:
(a) Used by the Administrator in the course of an action to collect unclaimed property or otherwise enforce this chapter;
(b) Used in joint examinations conducted with or pursuant to an agreement with another state, the Federal Government or any other governmental subdivision, agency or instrumentality;
(c) Produced pursuant to subpoena or court order; or
(d) Disclosed to the abandoned property office of another state for that states use in circumstances equivalent to those described in this subdivision, if the other state is bound to keep the documents and papers confidential.
5. If an examination of the records of a person results in the disclosure of property reportable under this chapter, the Administrator may assess the cost of the examination against the holder at the rate of $200 a day for each examiner or a greater amount that is reasonable and was incurred, but the assessment may not exceed the value of the property found to be reportable.
κ2021 Statutes of Nevada, Page 86 (CHAPTER 20, SB 71)κ
The cost of an examination made pursuant to subsection 3 may be assessed only against the business association or financial organization.
6. If, after October 1, 2007, a holder does not maintain the records required by NRS 120A.700 and the records of the holder available for the periods subject to this chapter are insufficient to permit the preparation of a report, the Administrator may require the holder to report and pay to the Administrator the amount the Administrator reasonably estimates, on the basis of any available records of the holder or by any other reasonable method of estimation, should have been but was not reported.
7. The Administrator, at reasonable times and upon a good faith effort to provide reasonable notice, may require a holder to furnish copies of records in an industry standard format, including, without limitation, an electronic format, for examination as described in this section.
8. The Administrator may issue an administrative subpoena requiring a person or an agent of the person to make records available for examination, and bring an action seeking judicial enforcement of the subpoena, if necessary for the enforcement of this section.
Sec. 14. NRS 120A.700 is hereby amended to read as follows:
120A.700 1. Except as otherwise provided in subsection 2, a holder required to file a report under NRS 120A.560 shall maintain the records containing the information required to be included in the report , and any records upon which the person wishes to rely for excluding information from the report, for 7 years after the holder files the report, unless a shorter period is provided by regulation of the Administrator.
2. A business association or financial organization that sells, issues or provides to others for sale or issue in this State, travelers checks, money orders or similar instruments other than third-party bank checks, on which the business association or financial organization is directly liable, shall maintain a record of the instruments while they remain outstanding, indicating the State and date of issue, for 3 years after the holder files the report.
Sec. 15. NRS 120A.715 is hereby amended to read as follows:
120A.715 [1.] In order to facilitate the return of property under this chapter, the Administrator may enter into cooperative agreements with an agency from this State concerning the protection of shared confidential information, rules for data matching and other issues. Upon the execution of such an agreement, the Administrator may provide to the agency with which the Administrator has entered the cooperative agreement information regarding the apparent owners of unclaimed or abandoned property pursuant to this chapter, including, without limitation, the name and social security number of the apparent owner. An agency that has entered into a cooperative agreement with the Administrator pursuant to this section shall notify the Administrator of the last known address of each apparent owner for which information was provided to the agency pursuant to this section, except as prohibited by federal law.
[2. The Administrator may adopt regulations to facilitate delivery of property or pay the amount owing to an apparent owner matched under this section without filing a claim. Such regulations must set forth the conditions for such payment.]
Sec. 16. NRS 120A.740 is hereby amended to read as follows:
120A.740 1. An agreement by an owner, the primary purpose of which is to locate, deliver, recover or assist in the recovery of property that is presumed abandoned, is void and unenforceable if it was entered into during the period commencing on the date the property was presumed abandoned and extending to a time that is 24 months after the date the property is paid or delivered to the Administrator.
κ2021 Statutes of Nevada, Page 87 (CHAPTER 20, SB 71)κ
presumed abandoned, is void and unenforceable if it was entered into during the period commencing on the date the property was presumed abandoned and extending to a time that is 24 months after the date the property is paid or delivered to the Administrator. This subsection does not apply to an owners agreement with an attorney to file a claim as to identified property or contest the Administrators denial of a claim.
2. An agreement by an owner, the primary purpose of which is to locate, deliver, recover or assist in the recovery of property, is enforceable only if the agreement [is] :
(a) Is in writing [, clearly] ;
(b) Clearly sets forth the nature of the property and the services to be rendered [, is] ;
(c) Sets forth the date on which the property was paid or delivered to the Administrator;
(d) Sets forth a statement of the provisions of this section;
(e) Is signed by the apparent owner ; and [states]
(f) States the value of the property before and after the fee or other compensation has been deducted.
3. If an agreement covered by this section applies to mineral proceeds and the agreement contains a provision to pay compensation that includes a portion of the underlying minerals or any mineral proceeds not then presumed abandoned, the provision is void and unenforceable.
4. An agreement covered by this section must not provide for compensation that is more than [10] :
(a) If the property that is the subject of the agreement was paid or delivered to the Administrator less than 5 years before the signing of the agreement, 10 percent of the total value of the property . [that is the subject of the agreement.]
(b) If the property that is the subject of the agreement was paid or delivered to the Administrator 5 years or more before the signing of the agreement, 20 percent of the total value of the property.
5. An agreement that provides for compensation that is more than [10 percent] the applicable percentage set forth in subsection 4 of the total value of the property that is the subject of the agreement is unenforceable except by the owner. An owner who has agreed to pay compensation that is more than [10 percent] the applicable percentage set forth in subsection 4 of the total value of the property that is the subject of the agreement, or the Administrator on behalf of the owner, may maintain an action to reduce the compensation to an amount that does not exceed [10 percent] the applicable percentage set forth in subsection 4 of the total value of the property. The court may award reasonable attorneys fees to an owner who prevails in the action.
[5.] 6. This section does not preclude an owner from asserting that an agreement covered by this section is invalid on grounds other than [that the compensation is more than 10 percent of the total value of the property that is the subject of the agreement.] noncompliance with the provisions of this section.
Sec. 17. 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,
κ2021 Statutes of Nevada, Page 88 (CHAPTER 20, SB 71)κ
86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 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, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 437.145, 437.207, 439.4941, 439.840, 439.914, 439B.420, 439B.754, 439B.760, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 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, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 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.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2673, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.3415, 632.405, 633.283, 633.301, 633.4715, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288,
κ2021 Statutes of Nevada, Page 89 (CHAPTER 20, SB 71)κ
638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.221, 641.325, 641A.191, 641A.262, 641A.289, 641B.170, 641B.282, 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, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.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.325, 706.1725, 706A.230, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.
4. If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic medium. Nothing in this subsection requires a governmental entity to provide a copy of a public record in an electronic format or by means of an electronic medium if:
(a) The public record:
(1) Was not created or prepared in an electronic format; and
(2) Is not available in an electronic format; or
(b) Providing the public record in an electronic format or by means of an electronic medium would:
(1) Give access to proprietary software; or
(2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.
κ2021 Statutes of Nevada, Page 90 (CHAPTER 20, SB 71)κ
5. 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 the medium that is requested because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
________
Senate Bill No. 17Committee on Growth and Infrastructure
CHAPTER 21
[Approved: May 20, 2021]
AN ACT relating to motor vehicles; revising provisions governing the renewal of certain instruction permits to operate a motor vehicle or motorcycle; revising the requirements to obtain a license to operate a school for training drivers; requiring the operator of such a school to maintain and make available to the Department of Motor Vehicles and the State of Nevada certain records, books and other information; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Department of Motor Vehicles to issue an instruction permit to an applicant to operate a motor vehicle or motorcycle. Before the issuance of such an instruction permit, the applicant is required to successfully pass all parts of an examination administered by the Department, other than a driving test. (NRS 483.280, 483.330) Section 2 of this bill clarifies that an instruction permit to operate a motor vehicle may be renewed and requires an applicant for a renewal of an instruction permit to operate a motor vehicle or motorcycle to retake and successfully pass all parts of the examination administered by the Department, other than the driving test.
Existing law sets forth the requirements for licensure by the Department as an operator of a school for training drivers, including a requirement that the applicant maintain an established place of business. (NRS 483.710) Existing law provides that if a course of training provided by a school for training drivers consists in whole or in part of classroom instruction, the part of the course which consists of classroom instruction may be taught interactively through communications technology so that any person taking the course does not need to be physically present in the classroom. (NRS 483.725) Section 3 of this bill provides an exception to the requirement to maintain an established place of business if the course of training the applicant will provide consists in whole of classroom instruction taught interactively through the use of communications technology. Section 1 of this bill requires a person operating a school for training drivers to: (1) keep the books and records of the school at the principal place of business; and (2) allow any authorized agent of the Department or the State of Nevada to request such information for inspection. Sections 4 and 5 of this bill make conforming changes to indicate the appropriate placement of section 1 in the Nevada Revised Statutes.
κ2021 Statutes of Nevada, Page 91 (CHAPTER 21, SB 17)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 483 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person operating a school for training drivers shall keep the books and records of the school at his or her principal place of business.
2. A person operating a school for training drivers shall:
(a) Allow any authorized agent of the Department or the State of Nevada to inspect and copy the books and records of the school during usual business hours; or
(b) Not later than 3 business days after receiving a request from an authorized agent described in paragraph (a) for the production of the books and records or any other information, provide the requested books, records and other information to the authorized agent at the location specified in the request or by means of electronic communication.
3. A person operating a school for training drivers shall retain the books and records of the school for 3 years after he or she ceases to be licensed as an operator of a school for training drivers.
Sec. 2. NRS 483.280 is hereby amended to read as follows:
483.280 1. Any person who is at least 15 1/2 years of age may apply to the Department for an instruction permit. Except as otherwise provided in subsections 4 and 5, the Department may, in its discretion, after the applicant has successfully passed all parts of the examination administered pursuant to NRS 483.330, other than the driving test, issue to the applicant an instruction permit entitling the applicant, while having the permit in his or her immediate possession, to drive a motor vehicle, other than a motorcycle, upon the highways for a period of 1 year when accompanied by a licensed driver who is at least 21 years of age, who has had at least 1 year of licensed driving experience in the type of vehicle for which the permit was issued and who is actually occupying a seat beside the driver. A permit issued pursuant to this subsection may be renewed pursuant to subsection 9. The term licensed driving experience as used in this subsection does not include driving experience gained under an instruction permit issued pursuant to the provisions of this section.
2. The Department may, in its discretion, issue a temporary drivers permit to an applicant for a drivers license permitting the applicant to drive a motor vehicle while the Department is completing its investigation and determination of all facts relative to the applicants right to receive a drivers license. The permit must be in the applicants immediate possession while driving a motor vehicle, and is invalid when the applicants license has been issued or for good cause has been refused.
3. The Department, upon receiving proper application, may, in its discretion, issue a restricted instruction permit for the operation of a motor vehicle, other than a motorcycle, effective for a school year, or for a more restricted period, to an applicant who is enrolled in a drivers education program which includes practice driving and which is approved by the Department even though the applicant has not reached the legal age to be eligible for a drivers license. The instruction permit entitles the permittee, when the permittee has the permit in his or her immediate possession, to drive a motor vehicle only on a designated highway or within a designated area, but only when an approved instructor is occupying a seat beside the permittee.
κ2021 Statutes of Nevada, Page 92 (CHAPTER 21, SB 17)κ
drive a motor vehicle only on a designated highway or within a designated area, but only when an approved instructor is occupying a seat beside the permittee.
4. Any person who is at least 15 1/2 years of age and less than 18 years of age may apply to the Department for an instruction permit authorizing the holder to operate a motorcycle. Except as otherwise provided in subsection 8, the Department may, in its discretion, after the applicant has successfully passed all parts of the examination administered pursuant to NRS 483.330, other than the driving test, issue to the applicant an instruction permit entitling the applicant, while having the permit in his or her immediate possession, to drive a motorcycle upon the highways for a period of 1 year. Except as otherwise provided in subsection 8, a permit issued pursuant to this subsection may be renewed [,] pursuant to subsection 9, but expires when the holder of the permit attains the age of 18 years.
5. A person who is 18 years of age or more may, not more than once every 5 years, apply to the Department for an instruction permit authorizing the holder to operate a motorcycle. Except as otherwise provided in subsection 8, the Department may, in its discretion, after the applicant has successfully passed all parts of the examination administered pursuant to NRS 483.330, other than the driving test, issue to the applicant an instruction permit entitling the applicant, while having the permit in his or her immediate possession, to drive a motorcycle upon the highways for a period of 6 months.
6. A holder of an instruction permit issued pursuant to subsection 4 or 5, is entitled, while having the permit in his or her immediate possession, to drive a motorcycle only during the hours between sunrise and sunset, and may not:
(a) Carry any passengers; or
(b) Operate the motorcycle on a controlled-access highway.
7. Except as otherwise provided in subsection 8, an instruction permit issued pursuant to subsection 5 may be renewed not more than once. The holder of such a permit who allows the permit to expire before applying to the Department for renewal of the permit, if he or she does not hold a drivers license from this State, must successfully pass all parts of the examination administered pursuant to NRS 483.330, other than the driving test, to renew the instruction permit.
8. A person who has failed the motorcycle driving test required by the Department pursuant to NRS 483.330 two or more times may not be issued an instruction permit pursuant to subsection 4 or 5.
9. The Department may, in its discretion, after the applicant has successfully retaken and passed all parts of the examination administered pursuant to NRS 483.330, other than the driving test, renew an instruction permit issued pursuant to subsection 1 or 4.
Sec. 3. NRS 483.710 is hereby amended to read as follows:
483.710 1. An applicant for a license to operate a school for training drivers must:
[1.] (a) Be of good moral character.
[2. Maintain]
(b) Except as otherwise provided in subsection 2, maintain an established place of business [:
κ2021 Statutes of Nevada, Page 93 (CHAPTER 21, SB 17)κ
(a) That] that is open to the public [;
(b) That] and that is not within 200 feet of any building used by the Department as an office . [; and
(c) Where the records of the school are maintained.
3.] (c) Have the equipment necessary to give proper instruction in the operation of motor vehicles.
[4.] (d) Be 21 years of age or older.
[5.] (e) Have at least 100 hours of experience as an instructor operating vehicles with pupils at a school for training drivers, if the school for which the applicant is applying for a license will provide that training to pupils enrolled at the school.
[6.] (f) File with the Department a surety bond in the amount of $10,000 to the Department, executed by the applicant as principal with a corporation authorized to transact surety business in this State as surety. The bond must be continuous in form and conditioned that the operator conduct the business of the school as an instructional institution without fraud or fraudulent representation. Upon application by an operator, the Department may reduce the amount of the bond required to an amount not less than $5,000 if the operator has satisfactorily conducted the school for the 5 years immediately preceding the application for reduction.
2. The provisions of paragraph (b) of subsection 1 do not apply if the course of training the applicant will provide consists in whole of classroom instruction that is taught interactively through the use of communications technology pursuant to subsection 2 of NRS 483.725.
Sec. 4. NRS 483.760 is hereby amended to read as follows:
483.760 The Department may refuse to issue a license or may cancel, suspend, revoke or refuse to renew any license granted pursuant to NRS 483.700 to 483.780, inclusive [:] , and section 1 of this act:
1. If the applicant or licensee makes a material misstatement on an application.
2. If the applicant or licensee fails or refuses to provide any information requested by the Department in conjunction with an application.
3. If the applicant has been convicted of a crime for a violation of any of the provisions of NRS 483.700 to 483.780, inclusive [.] , and section 1 of this act.
4. If the licensee permits fraud or engages in fraudulent practices either with reference to the applicant or the Department or induces or countenances fraud or fraudulent practices on the part of any applicant for a drivers license.
5. If the licensee fails to comply with or is convicted of a crime for a violation of any of the provisions of NRS 483.700 to 483.780, inclusive, and section 1 of this act or any of the regulations or requirements of the Department made pursuant thereto.
6. If the licensee or any employee or agent of the licensee solicits persons for enrollment in a school for training drivers in an office of the Department or within 200 feet of any such office.
7. If the licensee or any employee or agent of the licensee follows the identical course of training which is used by the Department in giving an examination for a drivers license.
Sec. 5. NRS 483.767 is hereby amended to read as follows:
483.767 1. The Department may impose an administrative fine, not to exceed $2,500, for a violation of any provision of NRS 483.700 to 483.780, inclusive, and section 1 of this act or any rule, regulation or order adopted or issued pursuant thereto.
κ2021 Statutes of Nevada, Page 94 (CHAPTER 21, SB 17)κ
inclusive, and section 1 of this act or any rule, regulation or order adopted or issued pursuant thereto. The Department shall afford to any person so fined an opportunity for a hearing pursuant to the provisions of NRS 233B.121.
2. All administrative fines collected by the Department pursuant to subsection 1 must be deposited with the State Treasurer to the credit of the State Highway Fund.
3. In addition to any other remedy provided by NRS 483.700 to 483.780, inclusive, and section 1 of this act, the Department may compel compliance with any provision of NRS 483.700 to 483.780, inclusive, and section 1 of this act and any rule, regulation or order adopted or issued pursuant thereto, by injunction or other appropriate remedy and the Department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.
Sec. 6. This act becomes effective on July 1, 2021.
________
Senate Bill No. 23Committee on Natural Resources
CHAPTER 22
[Approved: May 20, 2021]
AN ACT relating to conservation; revising the boundaries of the areas from which certain members of the State Conservation Commission are appointed; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the State Conservation Commission, which has various powers and duties relating to conservation of the renewable natural resources of Nevada, including assisting conservation districts. (NRS 548.115, 548.175) The Commission is comprised of two ex officio members and seven appointed members, six of whom are appointed from three designated areas and one of whom is appointed at large from any of the three areas. (NRS 548.115, 548.125) Existing law also designates the boundaries of the three areas, consisting of counties, from which the six members are appointed. (NRS 548.125) This bill moves Mineral County from Area 3, which also includes Clark, Esmeralda, Lincoln, Nye and White Pine Counties, to Area 2, which includes Carson City and Churchill, Douglas, Lyon, Storey and Washoe Counties.
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 548.125 is hereby amended to read as follows:
548.125 1. For the purposes of this section:
(a) Area 1 consists of Elko, Eureka, Humboldt, Lander and Pershing Counties.
(b) Area 2 consists of Carson City and Churchill, Douglas, Lyon, Mineral, Storey and Washoe Counties.
(c) Area 3 consists of Clark, Esmeralda, Lincoln, [Mineral,] Nye and White Pine Counties.
κ2021 Statutes of Nevada, Page 95 (CHAPTER 22, SB 23)κ
2. Not later than September 1, 1973, the Nevada Association of Conservation Districts shall submit to the Governor a list of at least 15 persons, no more than one of whom resides in any one county or conservation district. The list shall include five persons from each of the areas designated in subsection 1.
3. The Governor shall appoint to the Commission one person from each area for a term of 2 years, one person from each area for a term of 4 years, and a member at large, from any area, for a term of 4 years. Upon the expiration of these initial terms, each member shall be appointed for a term of 4 years, except to fill a vacancy for the unexpired term.
4. At least 60 days prior to the expiration of each group of terms, the Nevada Association of Conservation Districts shall submit to the Governor a list of at least nine persons, no more than one of whom resides in any one county or conservation district. The list shall include three persons from each of the areas designated in subsection 1. The Governor shall appoint a person from the same area to succeed each member whose term expires, except that the successor of the member at large may be from any area.
5. Any appointed member who fails to attend three consecutive, regular meetings of the Commission shall, at the recommendation of the Commission, be replaced for the balance of such members term of office.
6. Vacancies shall be filled by appointment by the Governor from the names on the last list presented to the Governor by the Nevada Association of Conservation Districts.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 53Committee on Natural Resources
CHAPTER 23
[Approved: May 20, 2021]
AN ACT relating to the Division of State Parks of the State Department of Conservation and Natural Resources; authorizing the Administrator of the Division to organize the areas under the jurisdiction of the Division into regions; revising provisions relating to certain fees collected for the repair, operation and maintenance of communication systems in state parks; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth the general powers and duties of the Administrator of the Division of State Parks of the State Department of Conservation and Natural Resources. (NRS 407.065) Section 1 of this bill authorizes the Administrator to organize the areas under the jurisdiction of the Division into regions.
Existing law authorizes the Administrator, with the approval of the Director of the Department, to collect at each state park a fee for the repair, operation and maintenance of sewer, water and electrical systems. Such fees must only be used for the repair, operation and maintenance of such systems in the state park in which the fees were collected. (NRS 407.0765) Section 2 of this bill: (1) clarifies the authority of the Administrator to collect the fee at any area under the jurisdiction of the Division; and (2) authorizes the Administrator to use the fee for the repair, operation and maintenance of communication systems.
κ2021 Statutes of Nevada, Page 96 (CHAPTER 23, SB 53)κ
and maintenance of communication systems. Section 2 further provides that if the Administrator has organized the areas under the jurisdiction of the Division into regions, the fees may be used for the repair, operation and maintenance of the sewer, water, communication and electrical systems of any such area in the region in which the money was collected.
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 407.065 is hereby amended to read as follows:
407.065 1. The Administrator, subject to the approval of the Director:
(a) Except as otherwise provided in this paragraph and NRS 407.066, may establish, name, plan, operate, control, protect, develop and maintain state parks, monuments and recreational areas for the use of the general public. The name of an existing state park, monument or recreational area may not be changed unless the Legislature approves the change by statute.
(b) Shall protect state parks and property controlled or administered by the Division from misuse or damage and preserve the peace within those areas. The Administrator may appoint or designate certain employees of the Division to have the general authority of peace officers.
(c) May allow multiple use of state parks and real property controlled or administered by the Division for any lawful purpose, including, but not limited to, grazing, mining, development of natural resources, hunting and fishing, in accordance with such regulations as may be adopted in furtherance of the purposes of the Division.
(d) Except as otherwise provided in this section, shall impose and collect reasonable fees for entering, camping and boating in state parks and recreational areas. The Division shall issue an annual permit for entering, camping and boating in all state parks and recreational areas in this State:
(1) Upon application therefor and proof of residency and age, to any bona fide resident of the State of Nevada who is 65 years of age or older.
(2) Upon application therefor and proof of residency and proof of status as described in subsection 5 of NRS 361.091, to a bona fide resident of the State of Nevada who has incurred a permanent service-connected disability of 10 percent or more and has been honorably discharged from the Armed Forces of the United States.
Κ The permit must be issued without charge, except that the Division shall charge and collect an administrative fee for the issuance of the permit in an amount sufficient to cover the costs of issuing the permit.
(e) May conduct and operate such special services as may be necessary for the comfort and convenience of the general public, and impose and collect reasonable fees for such special services.
(f) May rent or lease concessions located within the boundaries of state parks or of real property controlled or administered by the Division to public or private corporations, to groups of natural persons, or to natural persons for a valuable consideration upon such terms and conditions as the Division deems fit and proper, but no concessionaire may dominate any state park operation.
κ2021 Statutes of Nevada, Page 97 (CHAPTER 23, SB 53)κ
(g) May establish such capital projects construction funds as are necessary to account for the parks improvements program approved by the Legislature. The money in these funds must be used for the construction and improvement of those parks which are under the supervision of the Administrator.
(h) In addition to any concession specified in paragraph (f), may establish concessions within the boundaries of any state park to provide for the sale of food, drinks, ice, publications, sundries, gifts and souvenirs, and other such related items as the Administrator determines are appropriately made available to visitors. Any money received by the Administrator for a concession established pursuant to this paragraph must be deposited in the Account for State Park Interpretative and Educational Programs and Operation of Concessions created by NRS 407.0755.
(i) May organize the areas under the jurisdiction of the Division into regions.
2. The Administrator:
(a) Shall issue an annual permit to a person who pays a reasonable fee as prescribed by regulation which authorizes the holder of the permit to enter each state park and each recreational area in this State and, except as otherwise provided in subsection 4, use the facilities of the state park or recreational area without paying the entrance fee; and
(b) May issue an annual permit to a person who pays a reasonable fee as prescribed by regulation which authorizes the holder of the permit to enter a specific state park or specific recreational area in this State and, except as otherwise provided in subsection 4, use the facilities of the state park or recreational area without paying the entrance fee.
3. The Administrator shall establish a program for the issuance of an annual permit, free of charge, to enter each state park and recreational area in this State to any pupil who is enrolled in the fifth grade at a school in this State. The program must:
(a) Specify the period for which the Administrator may issue an annual permit to a pupil pursuant to this subsection, including, without limitation, the date upon which the Administrator may issue an annual permit to a pupil who has completed fourth grade and who intends to enter the fifth grade after completing the fourth grade;
(b) Specify the circumstances under which a pupil and any person accompanying a pupil may use the annual permit to enter a state park or recreational area; and
(c) Include any other requirement which the Administrator determines is necessary to establish and carry out the program pursuant to this subsection.
4. An annual permit issued pursuant to subsection 2 or 3 does not authorize the holder of the permit to engage in camping or boating, or to attend special events. The holder of such a permit who wishes to engage in camping or boating, or to attend special events, must pay any fee established for the respective activity.
5. During each Public Lands Day observed pursuant to NRS 236.053, and upon proof of residency in this State, the Division shall allow a resident of this State to enter, camp and boat in any state park or recreational area without the payment of any fees for those activities.
κ2021 Statutes of Nevada, Page 98 (CHAPTER 23, SB 53)κ
without the payment of any fees for those activities. The free day of camping authorized pursuant to this subsection must include either the Friday night before Public Lands Day or overnight on the night of Public Lands Day, as determined by the Administrator for each state park and recreational area. A person is not entitled to receive more than one free night of camping during each Public Lands Day pursuant to this subsection.
6. Except as otherwise provided in subsection 1 of NRS 407.0762 and subsection 1 of NRS 407.0765, the fees collected pursuant to paragraphs (d), (e) and (f) of subsection 1 or subsection 2 must be deposited in the State General Fund.
Sec. 2. NRS 407.0765 is hereby amended to read as follows:
407.0765 1. The Administrator, with the approval of the Director, may collect at each [state park] area under the jurisdiction of the Division a fee for the repair, operation and maintenance of sewer, water , communication and electrical systems . [within the park.] Any fees collected pursuant to this section must be deposited in the Account for Maintenance of State Parks within the Division of State Parks created in NRS 407.0762.
2. [The] Except as otherwise provided in this subsection, the money deposited in the Account pursuant to this section must be accounted for separately for each [park] area and must only be used for the repair, operation and maintenance of the sewer, water , communication and electrical systems in the [park] area in which the money was collected. If the Administrator has organized the areas under the jurisdiction of the Division into regions pursuant to NRS 407.065, the money deposited in the Account pursuant to this section must be accounted for separately for each region and must only be used for the repair, operation and maintenance of the sewer, water, communication and electrical systems of the areas in the region in which the money was collected.
3. The Administrator, subject to the approval of the Director, may expend money pursuant to subsection 2.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 99κ
Senate Bill No. 65Committee on Natural Resources
CHAPTER 24
[Approved: May 20, 2021]
AN ACT relating to agriculture; revising provisions relating to the composition and administration of the State Department of Agriculture; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the State Department of Agriculture. (NRS 561.035) Under existing law, the Director of the Department, within any limitations provided by law, is authorized to organize the Department into divisions and to alter that organization and reassign responsibilities and duties as the Director deems appropriate. (NRS 561.145) Existing law specifically creates the Division of Consumer Equitability within the Department. (NRS 561.108) Section 2 of this bill specifically creates in statute the following additional divisions within the Department: the Division of Administrative Services, the Division of Animal Industry, the Division of Food and Nutrition and the Division of Plant Health and Compliance. Section 3 of this bill renames the existing Division of Consumer Equitability as the Division of Measurement Standards. Sections 12 and 13 of this bill make conforming changes as a result of this name change. Section 4 of this bill makes a conforming change as a result of the creation of the divisions in statute, but retains the authority of the Director to alter the organization of the Department and reassign responsibilities and duties as the Director deems appropriate. Sections 10, 11 and 14 of this bill make conforming changes as a result of the creation of the Division of Plant Health and Compliance.
Existing law requires the Director of the Department to appoint: (1) an Administrator of the Division of Consumer Equitability in the unclassified service of the State to administer that Division; and (2) certain other persons in the classified and unclassified service of the State to manage other activities of the Department. (NRS 561.108, 561.205, 561.209, 561.214, 561.218) Sections 3 and 7-9 of this bill, with one exception, designate these other persons as Administrators of newly created divisions of the Department in the unclassified service and revise their duties. Section 1 of this bill creates the position of Administrator of the Division of Administrative Services in the unclassified service. Section 6 of this bill: (1) designates as the State Veterinarian the person whom the Director is required to appoint in the unclassified service to manage the activities of the Department relating to the protection and promotion of the livestock industry in Nevada; and (2) reduces the minimum required years of certain experience to qualify for the position from 5 years to 3 years. (NRS 561.205)
Existing law designates the Director of the Department as the ex officio State Sealer of Consumer Equitability. (NRS 561.155) Section 5 of this bill renames the State Sealer of Consumer Equitability as the State Sealer of Measurement Standards.
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 561 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Director shall appoint an Administrator of the Division of Administrative Services. The Administrator is in the unclassified service of the State and serves at the pleasure of the Director.
κ2021 Statutes of Nevada, Page 100 (CHAPTER 24, SB 65)κ
2. The Administrator shall manage the activities of the Department relating to fiscal, accounting and other administrative services.
Sec. 2. NRS 561.035 is hereby amended to read as follows:
561.035 1. The State Department of Agriculture is hereby created [.] , consisting of:
(a) The Division of Administrative Services;
(b) The Division of Animal Industry;
(c) The Division of Food and Nutrition;
(d) The Division of Measurement Standards; and
(e) The Division of Plant Health and Compliance.
2. The administration of the provisions of this chapter is vested in the Department.
Sec. 3. NRS 561.108 is hereby amended to read as follows:
561.108 1. [The Division of Consumer Equitability is hereby created within the Department.] The Director shall appoint an Administrator of the Division [who shall administer all activities and services of the Division.] of Measurement Standards. The Administrator is in the unclassified service of the State and serves at the pleasure of the Director.
2. The [Division of Consumer Equitability] Administrator shall [administer and enforce] manage the activities of the Department relating to the administration and enforcement of the provisions of chapters 581 and 582 of NRS and NRS 590.010 to 590.450, inclusive.
Sec. 4. NRS 561.145 is hereby amended to read as follows:
561.145 1. The Director shall direct and supervise all administrative and technical activities of the Department, and all programs administered by the Department as provided by law. Except as otherwise provided in NRS 284.143, the Director shall devote his or her entire time to the duties of the Directors office, and shall follow no other gainful employment or occupation.
2. The Director may, within such limitations as may be provided by law, [organize the Department into divisions] and [,] from time to time [,] alter [that] the organization of the Department and reassign responsibilities and duties as the Director may deem appropriate.
3. The Director shall:
(a) Coordinate the activities of the divisions of the Department.
(b) Report to the Board upon all matters pertaining to the administration of the Department.
Sec. 5. NRS 561.155 is hereby amended to read as follows:
561.155 The Director is hereby designated and appointed ex officio State Sealer of [Consumer Equitability,] Measurement Standards, and shall carry out all the duties of the State Sealer of [Consumer Equitability] Measurement Standards as provided by law.
Sec. 6. NRS 561.205 is hereby amended to read as follows:
561.205 1. The Director shall appoint a [person to manage the activities of the Department relating to the protection and promotion of the livestock industry of the State of Nevada.] State Veterinarian. The [person] State Veterinarian is in the unclassified service of the State and [must:
1. Be appointed on the basis of merit;] serves at the pleasure of the Director.
2. The State Veterinarian must:
(a) Be a graduate of a veterinary school or college approved by the American Veterinary Medical Association; and
κ2021 Statutes of Nevada, Page 101 (CHAPTER 24, SB 65)κ
[3.] (b) Have at least [5] 3 years experience in [official work for] regulating and controlling diseases in livestock.
3. The State Veterinarian shall manage the activities of the Department relating to the protection and promotion of the livestock industry of the State of Nevada.
Sec. 7. NRS 561.209 is hereby amended to read as follows:
561.209 1. The Director shall appoint [a person to manage the activities of the Department relating to brands and marks and brand inspection in the State of Nevada. The person must be appointed on the basis of merit and] an Administrator of the Division of Animal Industry. The Administrator is in the unclassified service of the State [.] and serves at the pleasure of the Director.
2. The Administrator shall manage the activities of the Department relating to animal industries, including, without limitation, the administration and enforcement of the provisions of chapters 562, 564 to 573, inclusive, and 576 of NRS.
Sec. 8. NRS 561.214 is hereby amended to read as follows:
561.214 1. The Director shall appoint [a person to manage the activities of the Department relating to the protection and promotion of the agricultural industry of the State of Nevada. The person is in the classified service of the State and must be:
1. Appointed on the basis of merit; and
2. A graduate of an accredited college or university with a major in agricultural business or in one of the agricultural sciences.] an Administrator of the Division of Food and Nutrition. The Administrator is in the unclassified service of the State and serves at the pleasure of the Director.
2. The Administrator shall manage the activities of the Department relating to food and nutrition, including, without limitation, the donation of commodities pursuant to NRS 561.489 and the Supplemental Food Program established pursuant to NRS 561.495.
Sec. 9. NRS 561.218 is hereby amended to read as follows:
561.218 1. The Director shall appoint [a person to manage the activities of the Department relating to natural resources and land use planning. The person must be appointed on the basis of merit and is in the unclassified service of the State.
2. The person appointed shall:
(a) Develop cooperative agreements and working relationships with federal and state agencies and local governments for land use planning and the preservation and allocation of natural resources necessary to advance and protect the livestock and agricultural industries in this State.
(b) Monitor gatherings of estrays and feral livestock conducted pursuant to the provisions of NRS 569.040 to 569.130, inclusive, and assist district brand inspectors in identifying estrays before they are sold or given a placement or other disposition through a cooperative agreement established pursuant to NRS 569.031 for the management, control, placement or disposition of estrays and feral livestock.
(c) Provide the members of the general public with information relating to the activities of the Department and solicit recommendations from the members of the general public and advisory groups concerning those activities.
κ2021 Statutes of Nevada, Page 102 (CHAPTER 24, SB 65)κ
(d) Make assessments of the level of competition between livestock and wildlife for food and water and shall collect data concerning the movement of livestock.
(e) Participate in land use planning relating to the competition for food and water between livestock and wildlife to ensure the maintenance of the habitat of both livestock and wildlife.
(f) Present testimony, conduct research and prepare reports for the Governor, the Legislature, the Director and any other person or governmental entity as directed by the Director.
(g) Develop and carry out a program to educate the members of the general public concerning the programs administered by the Department, including programs for the management and control of estrays and feral livestock.
(h) Make proposals to the Director for the amendment of the regulations adopted by the Board pursuant to NRS 561.105.
(i) Perform such other duties as directed by the Director.
3. As used in this section:
(a) Estray has the meaning ascribed to it in NRS 569.0075.
(b) Feral livestock has the meaning ascribed to it in NRS 569.008.] an Administrator of the Division of Plant Health and Compliance. The Administrator is in the unclassified service of the State and serves at the pleasure of the Director.
2. The Administrator shall manage the activities of the Department relating to plant health and compliance, including, without limitation, the administration and enforcement of the provisions of chapters 552, 554, 555 and 587 of NRS.
Sec. 10. NRS 561.355 is hereby amended to read as follows:
561.355 1. [The Plant Industry Program is hereby established.
2.] The following fees and money must be used [in] by the Division of Plant [Industry Program:] Health and Compliance of the Department only for the purposes of carrying out the provisions of this chapter and chapters 552, 554, 555 and 587 of NRS:
(a) Except as otherwise provided in NRS 552.095 and 555.570, fees and money collected pursuant to the provisions of chapters 552, 555 and 587 of NRS.
(b) Laboratory fees collected for the diagnosis of infectious, contagious and parasitic diseases of bees, as authorized by NRS 561.305, and as are necessary pursuant to the provisions of chapter 552 of NRS.
(c) Laboratory fees collected for the diagnosis of infectious, contagious and destructive diseases of agricultural commodities, and infestations thereof by pests, as authorized by NRS 561.305, and as may be necessary pursuant to the provisions of chapter 554 of NRS.
(d) Laboratory fees collected for the survey and identification of insect pests, plant diseases and noxious weeds, as authorized by NRS 561.305, and as may be necessary pursuant to the provisions of NRS 555.005 to 555.249, inclusive.
(e) Laboratory fees collected for the testing of the purity and germinating power of agricultural seeds, as authorized by NRS 561.305, and as may be necessary pursuant to the provisions of NRS 587.015 to 587.123, inclusive.
(f) Money received from a tax on the transfer of real property imposed pursuant to NRS 375.026.
κ2021 Statutes of Nevada, Page 103 (CHAPTER 24, SB 65)κ
[3. Expenditures for the Plant Industry Program must be made only for the purposes of carrying out the provisions of this chapter and chapters 552, 554, 555 and 587 of NRS.
4.] 2. The money [credited to the Program] received pursuant to [NRS 375.026] paragraph (f) of subsection 1 must be allocated for disbursement to each county in proportion to the amount of money collected in that county and must only be used:
(a) By the Department for programs on the exclusion, detection and control of:
(1) Invasive species; and
(2) Endemic pests and weeds designated by the Director; and
(b) For grants to local governments and nonprofit organizations for the control or management of such species, pests and weeds.
[5.] 3. As used in this section:
(a) Invasive species means any living organism not native to this State that may present a threat to the economy, environment or public health of this State.
(b) Local government has the meaning ascribed to it in NRS 237.050.
Sec. 11. NRS 375.026 is hereby amended to read as follows:
375.026 1. In addition to all other taxes imposed on transfers of real property, the board of county commissioners of a county whose population is less than 700,000 may impose a tax at the rate of up to 5 cents for each $500 of value, or fraction thereof, on each deed by which any lands, tenements or other realty is granted, assigned, transferred or otherwise conveyed to, or vested in, another person, or land sale installment contract, if the consideration or value of the interest or property conveyed exceeds $100.
2. The amount of the tax must be computed on the basis of the value of the real property that is the subject of the transfer or land sale installment contract as declared pursuant to NRS 375.060.
3. The county recorder shall collect the tax in the manner provided in NRS 375.030, except that he or she shall transmit all the proceeds from the tax imposed pursuant to this section to the State Treasurer for use [in the Plant Industry Program] as required by NRS 561.355.
Sec. 12. NRS 581.0045 is hereby amended to read as follows:
581.0045 Division means the Division of [Consumer Equitability] Measurement Standards of the State Department of Agriculture.
Sec. 13. NRS 582.004 is hereby amended to read as follows:
582.004 Division means the Division of [Consumer Equitability] Measurement Standards of the State Department of Agriculture.
Sec. 14. NRS 587.370 is hereby amended to read as follows:
587.370 1. The board of county commissioners of any county may employ one or more inspectors to assist in carrying out the provisions of NRS 587.290 to 587.450, inclusive, upon a salary or on a per diem basis, for such a period as the board and the State Quarantine Officer deem necessary, but no inspector may be so employed who is not licensed by the State Quarantine Officer, who shall direct all of the inspectors official activities.
2. Any inspector so employed by any county shall collect all inspection fees fixed and established by the State Quarantine Officer for any inspections and certifications performed by the inspector, and promptly forward the fees to the State Quarantine Officer. The State Quarantine Officer shall forward any portion of the fees due any federal agency to that agency.
κ2021 Statutes of Nevada, Page 104 (CHAPTER 24, SB 65)κ
any portion of the fees due any federal agency to that agency. Ten percent of the inspection fees collected must be remitted to the Department for use [in the Plant Industry Program,] as required by NRS 561.355, and the balance must be reimbursed to the counties where the fees were collected.
Sec. 15. 1. Any administrative regulations adopted by an officer or an agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remain in force until amended by the officer or agency to which the responsibility for the adoption of the regulations has been transferred.
2. Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer or agency to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.
3. Any action taken by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remains in effect as if taken by the officer or agency to which the responsibility for the enforcement of such actions has been transferred.
Sec. 16. The Legislative Counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
2. In preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
Sec. 17. This act becomes effective on January 1, 2022.
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