[Rev. 9/10/2021 11:30:08 AM]
κ2021 Statutes of Nevada, Page 105κ
Senate Bill No. 52Committee on Natural Resources
CHAPTER 25
[Approved: May 21, 2021]
AN ACT relating to outdoor recreation; requiring the Administrator of the Division of Outdoor Recreation in the State Department of Conservation and Natural Resources to establish a program for awarding a dark sky designation to certain sites in this State; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Division of Outdoor Recreation in the State Department of Conservation and Natural Resources, which is headed by an Administrator. (NRS 232.1363, 407A.540, 407A.545) Under existing law, the Administrator is required to perform various duties relating to the promotion, coordination and advocacy of outdoor recreation in Nevada. (NRS 407A.570) This bill requires the Administrator to establish by regulation a program for awarding a dark sky designation to sites in Nevada, including communities, parks, reserves and byways. This bill requires the regulations to include: (1) categories for which a site may be awarded such a designation; (2) standards for awarding such a designation; and (3) procedures for applying for a such designation, for reviewing and suspending or revoking such a designation and for appealing such a suspension or revocation.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Whereas, The International Dark-Sky Association estimates that approximately 30 to 60 percent of outdoor lighting in the United States, including lighting for architecture, parking, landscaping, advertising and streets, is wasted primarily because of unshielded outdoor lights; and
Whereas, The light that results from excessive or unnecessary outdoor lighting creates an artificial brightening of the night sky, which is known as light pollution; and
Whereas, In addition to obliterating views of the stars, light pollution, which requires a significant amount of natural resources to produce, may disrupt the normal biological rhythms of humans and wildlife; and
Whereas, From an economic perspective, property owners and municipalities can reduce their power costs and consumption by discontinuing the use of unshielded light fixtures; and
Whereas, The International Dark-Sky Association founded a program in 2001 that designates International Dark Sky Places as areas that possess varying degrees of exceptional or distinguished quality of starry nights and a nocturnal environment that is specifically protected for its scientific, natural and educational value, as well as for public enjoyment; and
Whereas, The International Dark Sky Places Program offers different types of designations, including, designations for communities, parks, reserves, sanctuaries and urban night sky places; and
Whereas, As of 2019, there are two International Dark Sky Places in Nevada: Great Basin National Park and the Massacre Rim Wilderness Study Area; and
κ2021 Statutes of Nevada, Page 106 (CHAPTER 25, SB 52)κ
Whereas, Establishing a state-level program for designating dark sky places in Nevada will complement the International Dark Sky Places Program and serve to specifically promote, preserve, protect and enhance Nevadas dark sky resources for their intrinsic value and their ecological, astronomical, cultural and economic importance; and
Whereas, The program will also raise awareness among Nevadans about light pollution and encourage them to transition from unshielded to shielded outdoor lighting to preserve and enhance dark skies throughout this State; and
Whereas, Designation of dark sky places in Nevada under the program will also attract tourists and other visitors to rural communities near Nevadas dark sky assets, thereby generating increased economic activity for surrounding communities and their small businesses; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 407A.570 is hereby amended to read as follows:
407A.570 1. As the executive head of the Division, the Administrator, subject to administrative supervision by the Director, shall direct and supervise all administrative, fiscal, budget and technical activities of the Division and all programs administered by the Division as provided by law.
2. The Administrator may organize the Division into various sections and, from time to time, alter such organization and reassign responsibilities and duties as the Administrator may deem appropriate.
3. The Administrator shall:
(a) Coordinate all activities relating to marketing and business development for outdoor recreation, including, without limitation, marketing, advertising and securing media opportunities that reflect the opportunities for outdoor recreation in this State.
(b) Coordinate with the Department of Tourism and Cultural Affairs and the Office of Economic Development concerning the promotion and growth of any businesses and opportunities related to outdoor recreation.
(c) Promote economic development by working with the Office of Economic Development to attract outdoor recreation industries to this State and develop the growth of new business opportunities within this State.
(d) Coordinate with the Department, the Department of Wildlife and any other organization, association, group or other entity concerned with matters of conservation and natural resources regarding conservation and the implementation or interpretation of policies regarding natural resources.
(e) Promote the growth of the outdoor recreation economy in this State so that there is support for economic growth as well as stewardship and conservation of any natural resource in this State.
(f) Advocate for and coordinate outdoor recreation policy, management and promotion among state and federal agencies and local government entities in this State.
κ2021 Statutes of Nevada, Page 107 (CHAPTER 25, SB 52)κ
(g) Recommend policies and initiatives to the Director to enhance outdoor recreational amenities and experiences in this State and help implement such policies and initiatives.
(h) Create and maintain a statewide list of lands to be conserved, enhanced and publicized for outdoor recreation.
(i) Develop data regarding the impacts of outdoor recreation in this State.
(j) Advocate on behalf of the State for federal funding, including, without limitation, any funding opportunities that are available pursuant to the Land and Water Conservation Fund established by 54 U.S.C. § 200302.
(k) Promote the health and social benefits of outdoor recreation.
(l) Promote the engagement of communities that are diverse in outdoor recreation.
(m) Establish by regulation a program for awarding a designation to sites in this State where the darkness of the night sky is relatively free of interference from artificial light. Such regulations must include, without limitation:
(1) The categories for which a site may be awarded a designation, including, without limitation, a community, park, reserve or byway;
(2) The standards for awarding a designation for each category established pursuant to subparagraph (1); and
(3) The procedures for:
(I) Applying for a designation;
(II) The review and reassessment of sites that have been awarded a designation;
(III) The suspension and revocation of a designation; and
(IV) Appealing the denial, suspension or revocation of a designation.
Sec. 2. 1. This section becomes effective upon passage and approval.
2. Section 1 of this act becomes effective:
(a) Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On October 1, 2021, for all other purposes.
________
κ2021 Statutes of Nevada, Page 108κ
Senate Bill No. 342Committee on Education
CHAPTER 26
[Approved: May 21, 2021]
AN ACT relating to higher education; authorizing the Board of Regents of the University of Nevada to enter into an agreement to affiliate with a publicly or privately owned medical facility or related entity for certain purposes; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Board of Regents of the University of Nevada to establish certain policies governing the contracts that faculty members and employees of the Nevada System of Higher Education may enter into. (NRS 396.255) Existing law additionally authorizes certain faculty members of the System to bid on or enter into a contract with a governmental agency if the contract complies with policies established by the Board of Regents. (NRS 281.221) Section 1 of this bill similarly authorizes the Board of Regents to enter into an agreement to affiliate with a publicly or privately owned medical facility or related entity, whether for profit or not for profit, to further promote and enhance a medical education or health education program at a university. Section 2 of this bill establishes that such agreements are subject to the policies established by the Board of Regents governing the contracts that faculty members and employees of the System may enter into or benefit from.
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 396 of NRS is hereby amended by adding thereto a new section to read as follows:
The Board of Regents may enter into an agreement to affiliate with a publicly or privately owned medical facility or related entity, whether for profit or not for profit, to further promote and enhance a medical education or health education program at a university. An agreement entered into pursuant to this section may include, without limitation, identification of shared goals and responsibilities, joint employment and supervision of employees and shared review and allocation of the use of facilities, resources and employees.
Sec. 2. NRS 396.255 is hereby amended to read as follows:
396.255 The Board of Regents shall, to carry out the purposes of subsection 3 of NRS 281.221, subsection 3 of NRS 281.230 and subsection 3 of NRS 281A.430 [,] and section 1 of this act, establish policies governing the contracts that faculty members and employees of the System may enter into or benefit from.
Sec. 3. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 109κ
Assembly Bill No. 4Committee on Commerce and Labor
CHAPTER 27
[Approved: May 21, 2021]
AN ACT relating to insurance; revising provisions governing the authority and duties of the Nevada Insurance Guaranty Association, the Board of Directors of the Association and the Commissioner of Insurance; revising provisions governing claims against, and actions and proceedings involving, insolvent insurers and the Association; revising provisions governing the plan of operation of the Association and subrogation and recovery by the Association; revising the immunity from liability for certain persons with regard to activities relating to the Association and insolvent insurers; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Commissioner of Insurance to regulate insurance in this State. (NRS 679B.120) Existing law also creates the Nevada Insurance Guaranty Association, a nonprofit unincorporated legal entity headed by a board of directors appointed by the Commissioner. (NRS 687A.040, 687A.050) The Association receives and addresses claims of insurance policyholders and beneficiaries of policies issued by an insurer who has become insolvent and is no longer able to meet its obligations. (Chapter 687A of NRS) The Association and the insurance guaranty associations established in other states together comprise the National Conference of Insurance Guaranty Funds. This bill revises existing law governing the operation of the Association and claims relating to insolvent insurers to align with model language provided by the National Conference of Insurance Guaranty Funds.
Sections 3 and 4 of this bill define the terms person and self-insurer which are specific to the law governing the operation of the Association and claims relating to insolvent insurers. Section 7 of this bill indicates the placement of the new definitions within existing law. (NRS 687A.030)
Section 5 of this bill limits the claims which may be asserted against a person insured by a policy issued by an insolvent insurer. The provisions of section 5 operate in conjunction with section 8 of this bill. Section 8 changes which claims are considered to be covered claims, which in turn affects whether those claims may become obligations to be paid by the Association. (NRS 687A.033, 687A.060)
Section 6 of this bill revises the applicability of the law governing the operation of the Association and claims relating to insolvent insurers. (NRS 687A.020) Section 9 of this bill revises the duties and authority of the Association, and sets forth requirements for actions involving the Association. (NRS 687A.060) Section 10 of this bill revises the requirements governing the plan of operation of the Association. (NRS 687A.070) Section 11 of this bill revises the duties of the Commissioner with regard to the Association. (NRS 687A.080) Section 12 of this bill revises the provisions governing subrogation and recovery by the Association. (NRS 687A.090)
Section 13 of this bill changes which claims may be filed directly with the receiver of an insolvent insurer. (NRS 687A.095) Section 14 of this bill revises the requirements for exhaustion of other coverage by a claimant seeking recovery from the Association. (NRS 687A.100)
Section 15 of this bill revises the duties and authority of the Board of Directors of the Association. (NRS 687A.110) Section 16 of this bill revises the immunity from liability for the Board of Directors, the Association itself and the Commissioner, and for certain persons working for the Association or the Commissioner, with regard to activities relating to the Association and insolvent insurers. (NRS 687A.150)
κ2021 Statutes of Nevada, Page 110 (CHAPTER 27, AB 4)κ
Section 17 of this bill revises provisions governing court proceedings involving an insolvent insurer, and authorizes the Association and its representatives to access the records of an insolvent insurer. (NRS 687A.160)
Sections 1 and 18 of this bill add and delete internal references in existing law to account for revisions made by sections 9 and 15. (NRS 239.010, 686B.230)
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 686B.230 is hereby amended to read as follows:
686B.230 1. The Nevada Essential Insurance Association has, for purposes of this section and to the extent approved by the Commissioner, the general powers and authority granted under the laws of this state to carriers licensed to transact the kinds of insurance defined in NRS 681A.020 to 681A.080, inclusive.
2. The Association may take any necessary action to make available necessary insurance, including but not limited to, the following:
(a) Assess participating insurers amounts necessary to pay the obligations of the Association, administration expenses, the cost of examinations [conducted pursuant to NRS 687A.110] and other expenses authorized by this chapter. The assessment of each member insurer for the kind or kinds of insurance designated in the plan must be in the proportion that the net direct written premiums of the member insurer for the preceding calendar year bear to the net direct written premiums of all member insurers for the preceding calendar year. A member insurer may not be assessed in any year an amount greater than 5 percent of his or her net direct written premiums for the preceding calendar year. Each member insurer must be allowed a premium tax credit at the rate of 20 percent per year for 5 successive years beginning on the first day of the calendar year after the calendar year in which the insurer pays the assessment pursuant to this subsection.
(b) Enter into such contracts as are necessary or proper to carry out the provisions and purposes of this section.
(c) Sue or be sued, including taking any legal action necessary to recover any assessments for, on behalf of or against participating carriers.
(d) Investigate claims brought against the fund and adjust, compromise, settle and pay covered claims to the extent of the Associations obligation and deny all other claims. Process claims through its employees or through one or more member insurers or other persons designated as servicing facilities. Designation of a service facility is subject to the approval of the Commissioner, but such a designation may be declined by a member insurer.
(e) Classify risks as may be applicable and equitable.
(f) Establish appropriate rates, rate classifications and rating adjustments and file those rates with the Commissioner in accordance with this chapter.
(g) Administer any type of reinsurance program for or on behalf of the Association or any participating carriers.
(h) Pool risks among participating carriers.
(i) Issue and market, through agents, policies of insurance providing the coverage required by this section in its own name or on behalf of participating carriers.
κ2021 Statutes of Nevada, Page 111 (CHAPTER 27, AB 4)κ
(j) Administer separate pools, separate accounts or other plans as may be deemed appropriate for separate carriers or groups of carriers.
(k) Invest, reinvest and administer all funds and moneys held by the Association.
(l) Borrow funds needed by the Association to carry out the purposes of this section.
(m) Develop, effectuate and promulgate any loss-prevention programs aimed at the best interests of the Association and the insuring public.
(n) Operate and administer any combination of plans, pools, reinsurance arrangements or other mechanisms as deemed appropriate to best accomplish the fair and equitable operation of the Association for the purposes of making available essential insurance coverage.
3. In providing for the recoupment of a deficit of the Association, an option must be offered to an insured each policy year to pay a capital stabilization charge which must not exceed 100 percent of the premium charged to the insured in that year. The Board of Directors shall determine the amount of the charge from appropriate factors of loss experience and risk associated with the Association and the insured. An insured who pays the stabilization charge must not be required to pay any assessment to recoup a deficit of the Association incurred in any policy year for which the charge is paid. The Associations plan of operation must provide for the return to the insured of so much of the insureds payment as remains after all actual or potential liabilities under the policy have been discharged.
Sec. 2. Chapter 687A of NRS is hereby amended by adding thereto the provisions set forth as sections 3, 4 and 5 of this act.
Sec. 3. Person means any individual or legal entity, including, without limitation, a governmental entity.
Sec. 4. Self-insurer means a person that covers its liability through a qualified individual or group self-insurance program or any other formal program created for the specific purpose of covering liabilities typically covered by insurance.
Sec. 5. With regard to a claim for an amount described in paragraph (d) of subsection 2 of NRS 687A.033, no such claim for any amount due any reinsurer, insurer, insurance pool, underwriting association, health maintenance organization, hospital plan corporation, professional health service corporation or self-insurer may be asserted against a person insured under a policy issued by an insolvent insurer other than to the extent such claim exceeds the Association obligation limitations set forth in NRS 687A.060.
Sec. 6. NRS 687A.020 is hereby amended to read as follows:
687A.020 Except as otherwise provided in subsection 5 of NRS 695E.200, this chapter applies to all direct insurance, except:
1. Life, annuity, health or disability insurance;
2. Mortgage guaranty, financial guaranty or other forms of insurance offering protection against investment risks;
3. Fidelity or surety bonds or any other bonding obligations;
4. Credit insurance as defined in NRS 690A.015 [;] , vendors single interest insurance, collateral protection insurance or any similar insurance protecting the interests of a creditor arising out of a creditor-debtor transaction;
5. Insurance of warranties or service contracts [;] , including, without limitation, insurance that provides:
κ2021 Statutes of Nevada, Page 112 (CHAPTER 27, AB 4)κ
(a) For the repair, replacement or service of goods or property;
(b) Indemnification for the repair, replacement or service of goods or property;
(c) Indemnification for the operational or structural failure of goods or property due to a defect in materials, workmanship or normal wear and tear; or
(d) Reimbursement for the liability incurred by the issuer of agreements or service contracts which provide any benefits described in this subsection;
6. Title insurance;
7. Ocean marine insurance;
8. Any transaction or combination of transactions between a person, including affiliates of the person, and an insurer, including affiliates of the insurer, which involves the transfer of investment or credit risk unaccompanied by the transfer of insurance risk; or
9. Any insurance provided by or guaranteed by a governmental entity.
Sec. 7. NRS 687A.030 is hereby amended to read as follows:
687A.030 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 687A.031 to 687A.039, inclusive, and sections 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 8. NRS 687A.033 is hereby amended to read as follows:
687A.033 1. Covered claim means an unpaid claim or judgment, including a claim for unearned premiums, which arises out of and is within the coverage of an insurance policy to which this chapter applies if the insurer becomes an insolvent insurer, the policy was issued by the insurer or assumed by the insurer in an assumed claims transaction, and one of the following conditions exists:
(a) The claimant or insured, if a natural person, is a resident of this State at the time of the insured event.
(b) The claimant or insured, if other than a natural person, maintains its principal place of business in this State at the time of the insured event.
(c) The property from which the first party property damage claim arises is permanently located in this State.
[(d) The claim is not a covered claim pursuant to the laws of any other state and the premium tax imposed on the insurance policy is payable in this State pursuant to NRS 680B.027.]
2. The term does not include:
(a) An amount [that is directly or indirectly due a reinsurer, insurer, insurance pool or underwriting association, as recovered by subrogation, indemnity or contribution, or otherwise.
(b) That part of a loss which would not be payable because of a provision for a deductible or a self-insured retention specified in the policy.
(c)] awarded as punitive or exemplary damages.
(b) A fine or penalty paid to a governmental authority.
(c) An amount sought as a return of premium under any retrospective rating plan.
(d) An amount due any reinsurer, insurer, insurance pool, underwriting association, health maintenance organization, hospital plan corporation, professional health service corporation or self-insurer as subrogation recoveries, reinsurance recoveries, contribution, indemnification or otherwise.
κ2021 Statutes of Nevada, Page 113 (CHAPTER 27, AB 4)κ
(e) Except as otherwise provided in this paragraph, any claim filed with the Association:
(1) More than [18] 25 months after the date of the order of liquidation; or
(2) After the final date set by the court for the filing of claims against the liquidator or receiver of the insolvent insurer,
Κ whichever is earlier. The provisions of this paragraph do not apply to a claim for workers compensation that is reopened pursuant to the provisions of NRS 616C.390 or 616C.392.
[(d)] (f) A claim filed with the Association for a loss that is incurred but is not reported to the Association before the expiration of the period specified in subparagraph (1) or (2) of paragraph [(c).] (e).
[(e) An obligation to make a supplementary payment for adjustment or attorneys fees and expenses, court costs or interest and bond premiums incurred by the insolvent insurer before the appointment of a liquidator, unless the expenses would also be a valid claim against the insured.
(f) A first party or third party claim brought by or against an insured, if the aggregate net worth of the insured and any affiliate of the insured, as determined on a consolidated basis, is more than $25,000,000 on December 31 of the year immediately preceding the date the insurer becomes an insolvent insurer.]
(g) A first-party claim by an insured whose net worth exceeds $10,000,000 on December 31 of the year immediately preceding the date the insurer becomes an insolvent insurer.
(h) A third-party claim relating to a policy of an insured whose net worth exceeds $25,000,000 on December 31 of the year immediately preceding the date the insurer becomes an insolvent insurer.
(i) A claim that would otherwise be a covered claim, but is an obligation to or on behalf of a person who has a net worth greater than that allowed by the insurance guaranty association law of the state of residence of the claimant at the time specified by such law, and which association has denied coverage to that claimant on that basis.
(j) A first-party claim by an insured which is an affiliate of the insolvent insurer.
(k) A fee or other amount relating to goods or services sought by or on behalf of any attorney or other provider of goods or services retained by the insolvent insurer or an insured before the date the insurer was determined to be insolvent.
(l) A fee or other amount sought by or on behalf of any attorney or other provider of goods or services retained by any insured or claimant in connection with the assertion or prosecution of any claim, covered or otherwise, against the Association.
(m) A claim for interest.
3. For the purposes of paragraphs (g) and (h) of subsection 2, an insureds net worth on the applicable date shall be deemed to include the aggregate net worth of the insured and all of the insureds subsidiaries and affiliates as calculated on a consolidated basis.
4. The provisions of [this paragraph] paragraphs (g) and (h) of subsection 2 do not apply to a claim for workers compensation.
5. The provisions of paragraph (h) of subsection 2 do not apply to third-party claims against the insured where the insured has applied for or consented to the appointment of a receiver, trustee or liquidator for all or a substantial part of the insureds assets, filed a voluntary petition in bankruptcy, filed a petition or an answer seeking a reorganization or arrangement with creditors or to take advantage of any insolvency law, or if an order, judgment or decree is entered by a court of competent jurisdiction, on the application of a creditor, adjudicating the insured bankrupt or insolvent or approving a petition seeking reorganization of the insured or of all or substantial part of its assets.
κ2021 Statutes of Nevada, Page 114 (CHAPTER 27, AB 4)κ
substantial part of the insureds assets, filed a voluntary petition in bankruptcy, filed a petition or an answer seeking a reorganization or arrangement with creditors or to take advantage of any insolvency law, or if an order, judgment or decree is entered by a court of competent jurisdiction, on the application of a creditor, adjudicating the insured bankrupt or insolvent or approving a petition seeking reorganization of the insured or of all or substantial part of its assets.
6. As used in this [paragraph,] section, affiliate means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. For the purpose of this definition, the terms owns, is owned and ownership mean ownership of an equity interest, or the equivalent thereof, of 10 percent or more.
Sec. 9. NRS 687A.060 is hereby amended to read as follows:
687A.060 1. The Association:
(a) [Is] Except as otherwise provided in paragraph (b), is obligated to the extent of the covered claims existing before the determination of insolvency and arising within 30 days after the determination of insolvency, or before the expiration date of the policy if that date is less than 30 days after the determination, or before the insured replaces the policy or on request cancels the policy if the insured does so within 30 days after the determination. The obligation of the Association to pay a covered claim is limited to the payment of:
(1) The entire amount of the claim, if the claim is for workers compensation pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS;
(2) Not more than [$300,000] $10,000 for each policy if the claim is for the return of unearned premiums; or
(3) The limit specified in a policy or $300,000, whichever is less, for each occurrence for any covered claim other than a covered claim specified in subparagraph (1) or (2).
(b) Is not obligated to pay a claimant an amount in excess of the obligation of the insolvent insurer under the policy or coverage from which the claim arises. Any obligation of the Association to defend an insured on a covered claim ceases upon the Associations:
(1) Payment, by settlement releasing the insured or on a judgment, of an amount equal to the lesser of the Associations covered claim obligation limit or the applicable policy limit; or
(2) Tender of the amount described in subparagraph (1).
Κ If the Association determines that there may be more than one claimant having a covered claim or allowed claim against the Association, or against any associations similar to the Association in other states, under the policy or policies of any one insolvent insurer, the Association may establish a plan to allocate amounts payable by the Association in such a manner as the Association in its discretion deems equitable.
(c) Shall be deemed the insurer to the extent of its obligations on the covered claims and to that extent has any rights, duties and obligations of the insolvent insurer as if the insurer had not become insolvent. The rights include, without limitation, the right to seek and obtain any recoverable salvage and to subrogate a covered claim, to the extent that the Association has paid its obligation under the claim. The Association shall not be deemed to be the insolvent insurer for any purpose relating to the issue of whether the Association is amenable to the personal jurisdiction of the courts of any state.
κ2021 Statutes of Nevada, Page 115 (CHAPTER 27, AB 4)κ
[(c)] (d) Shall assess member insurers amounts necessary to pay the obligations of the Association pursuant to paragraph (a) after an insolvency, the expenses of handling covered claims subsequent to an insolvency [, the cost of examinations pursuant to NRS 687A.110] and other expenses authorized by this chapter. The assessment of each member insurer must be in the proportion that the net direct written premiums of the member insurer for the calendar year preceding the assessment bear to the net direct written premiums of all member insurers for the same calendar year. Each member insurer must be notified of the assessment not later than 30 days before it is due. No member insurer may be assessed in any year an amount greater than 2 percent of the net direct written premiums of that member insurer for the calendar year preceding the assessment. If the maximum assessment, together with the other assets of the Association, does not provide in any 1 year an amount sufficient to make all necessary payments, the money available may be prorated and the unpaid portion must be paid as soon as money becomes available. The Association may pay claims in any order, including the order in which the claims are received or in groups or categories. The Association may exempt or defer, in whole or in part, the assessment of any member insurer if the assessment would cause the financial statement of the member insurer to reflect amounts of capital or surplus less than the minimum amounts required for a certificate of authority by any jurisdiction in which the member insurer is authorized to transact insurance. During the period of deferment, no dividends may be paid to shareholders or policyholders. Deferred assessments must be paid when payment will not reduce capital or surplus below required minimums. Payments must be refunded to those companies receiving larger assessments because of deferment, or, in the discretion of the company, credited against future assessments. Each member insurer must be allowed a premium tax credit for any amounts paid pursuant to the provisions of this chapter [:
(1) For assessments made before January 1, 1993, at the rate of 10 percent per year for 10 successive years beginning March 1, 1996; or
(2) For assessments made on or after January 1, 1993,] at the rate of 20 percent per year for 5 successive years beginning with the calendar year following the calendar year in which the assessments are paid.
[(d)] (e) Shall investigate claims brought against the fund and adjust, compromise, settle and pay covered claims to the extent of the obligation of the Association and deny any other claims. The Association has the right to appoint and to direct legal counsel retained under liability insurance policies for the defense of covered claims.
[(e)] (f) Is not bound by a release, compromise, waiver, unfunded settlement or judgment executed or entered within 12 months before an order of liquidation and has the right to assert all defenses available to the Association, including, without limitation, defenses applicable to determining and enforcing its statutory rights and obligations to an applicable claim. The Association is bound by a release, compromise, waiver, settlement or judgment executed or entered into more than 1 year before an order of liquidation if an applicable claim is a covered claim and such settlement or judgment was not a result of fraud, collusion, default or failure to defend. With regard to a covered claim arising from a judgment under a decision, verdict or finding based on the default of the insolvent insurer or the insurers failure to defend, the Association, either on its own behalf or on behalf of an insured, may apply to have such judgment, order, decision, verdict or finding set aside by the same court or administrator that made such judgment, order, decision, verdict or finding and must be permitted to defend such claim on the merits.
κ2021 Statutes of Nevada, Page 116 (CHAPTER 27, AB 4)κ
decision, verdict or finding set aside by the same court or administrator that made such judgment, order, decision, verdict or finding and must be permitted to defend such claim on the merits.
(g) Shall notify such persons as the Commissioner directs pursuant to paragraph (a) of subsection 2 of NRS 687A.080.
[(f)] (h) Shall act on claims through its employees or through one or more member insurers or other persons designated as servicing facilities. Designation of a servicing facility is subject to the approval of the Commissioner, but the designation may be declined by a member insurer.
[(g)] (i) Shall reimburse each servicing facility for obligations of the Association paid by the facility and for expenses incurred by the facility while handling claims on behalf of the Association and pay the other expenses of the Association authorized by this chapter.
2. The Association may:
(a) Appear in, defend and appeal any action on a claim brought against the Association.
(b) Employ or retain persons necessary to handle claims and perform other duties of the Association.
(c) Borrow money necessary to carry out the purposes of this chapter in accordance with the plan of operation.
(d) Sue or be sued. Such power to sue includes, without limitation, the power and right to intervene as a party before any court in this State that has jurisdiction over an insolvent insurer.
(e) Negotiate and become a party to contracts necessary to carry out the purposes of this chapter.
(f) Establish procedures for requesting financial information from insureds and claimants on a confidential basis for the purposes of applying sections concerning the net worth of first-party and third-party claimants, subject to such information being shared with any other association similar to the Association and the liquidator for the insolvent insurer on the same confidential basis. If the insured or claimant refuses to provide the requested financial information and an auditors certification of the same where requested and available, the Association may deem the net worth of the insured or claimant to be in excess of $10,000,000 or $25,000,000, as applicable, at the relevant time.
(g) Bring an action against any third-party administrator, agent, attorney or other representative of the insolvent insurer to obtain custody and control of all files, records and electronic data related to an insolvent insurer that are appropriate or necessary for the Association, or a similar association in other states, to carry out its duties under this chapter. In such an action, the Association has the absolute right through emergency equitable relief to obtain custody and control of all such files, records and electronic data in the custody or control of such third-party administrator, agent, attorney or other representative of the insolvent insurer, regardless of where such files, records and electronic data may be physically located. In bringing such an action, the Association is not subject to any defense, possessory lien or other lien or other legal or equitable ground whatsoever for refusal to surrender such files, records and electronic data that might be asserted against the liquidator of the insolvent insurer. To the extent that litigation is required for the Association to obtain custody of the files, records and electronic data requested and such litigation results in the relinquishment of files, records and electronic data to the Association after refusal to provide the same in response to a written demand, the court shall award the Association its costs, expenses and reasonable attorneys fees incurred in bringing the action.
κ2021 Statutes of Nevada, Page 117 (CHAPTER 27, AB 4)κ
refusal to provide the same in response to a written demand, the court shall award the Association its costs, expenses and reasonable attorneys fees incurred in bringing the action. The provisions of this paragraph have no effect on the rights and remedies the custodian of such files, records and electronic data may have against the insolvent insurer, so long as such rights and remedies do not conflict with the rights of the Association to custody and control of the files, records and electronic data.
(h) Perform other acts necessary or proper to effectuate the purposes of this chapter.
[(g)] (i) Perform any administrative acts requested by the Commissioner in furtherance of the purposes of this title and, if the cost of the action is not paid for by the Association or its member insurers, the Nevada Industrial Insurance Act.
[(h)] (j) If, at the end of any calendar year, the Board of Directors of the Association finds that the assets of the Association exceed its liabilities as estimated by the Board of Directors for the coming year, refund to the member insurers in proportion to the contribution of each that amount by which the assets of the Association exceed the liabilities.
[(i)] (k) Subject to approval by the Commissioner, provide claims handling services to any run-off insurer if the Associations expenses related thereto are fully reimbursed. There is no liability on the part of, and no cause of action of any nature may arise against, any member insurer, the Association or its agents or employees, the Board of Directors of the Association, or any person serving as a representative of any director for any action taken or any failure to act by them in the performance of their activities under this paragraph. As used in this paragraph, run-off insurer means a property and casualty insurer that has, as determined pursuant to NRS 681B.550 and regulations adopted pursuant thereto:
(1) Total adjusted capital under risk-based capital requirements in an amount less than the authorized control level of risk-based capital as of the end of the preceding year and that has indicated that it will cease writing new insurance policies, either as part of its corrective action plan or pursuant to being placed under regulatory control; or
(2) Total adjusted capital under risk-based capital requirements in an amount less than the mandatory control level of risk-based capital as of the end of the preceding year and that has not been placed into liquidation.
(l) Assess each member insurer equally not more than [$100] $1,000 per year for administrative expenses not related to the insolvency of any insurer.
3. With regard to an action involving the Association:
(a) Except for an action by a member insurer aggrieved by a final action or decision of the Association pursuant to paragraph (d) of subsection 1, an action relating to or arising out of this chapter against the Association must be brought in a district court of the State of Nevada. The courts of the State of Nevada have exclusive jurisdiction over all actions relating to or arising out of this chapter against the Association.
(b) Exclusive venue in an action by or against the Association is in the courts of the State of Nevada. The Association may, at the option of the Association, waive such venue as to a specific action.
(c) In any action contesting the applicability of paragraph (g) or (h) of subsection 2 of NRS 687A.033 in which the insured or claimant has declined to provide financial information under the procedure provided in the plan of operation submitted pursuant to NRS 687A.070, the insured or claimant bears the burden of proof concerning its net worth at the relevant time.
κ2021 Statutes of Nevada, Page 118 (CHAPTER 27, AB 4)κ
claimant bears the burden of proof concerning its net worth at the relevant time. If the insured or claimant fails to prove that its net worth at the relevant time was less than the applicable amount, the court shall award the Association its full costs, expenses and reasonable attorneys fees in contesting the claim.
Sec. 10. NRS 687A.070 is hereby amended to read as follows:
687A.070 1. The Association shall submit a plan of operation to the Commissioner, together with any amendments necessary or suitable to assure the fair, reasonable and equitable administration of the Association. The plan of operation and any amendments become effective upon approval in writing by the Commissioner. If the Association [fails to submit a suitable plan of operation within 90 days following May 5, 1971, or if at any time thereafter the Association] fails to submit suitable amendments to the plan [,] as needed, the Commissioner shall adopt reasonable regulations necessary or advisable to effectuate the provisions of this chapter. The regulations continue in force until modified by the Commissioner or superseded by a plan , or by amendments to a plan, which are submitted by the Association and approved by the Commissioner.
2. [All] The Association and all member insurers shall comply with the plan of operation.
3. The plan of operation must:
(a) Establish the procedures for performance of all the duties and powers of the Association under NRS 687A.060.
(b) Establish procedures for managing assets of the Association.
(c) [Establish] Mandate that the Association establish procedures to designate the amount and method of reimbursing members of the Board of Directors under NRS 687A.050.
(d) Establish procedures by which claims may be filed with the Association and establish acceptable forms of proof of covered claims. Notice of claims to the receiver or liquidator of the insolvent insurer shall be deemed notice to the Association or its agent and a list of those claims must be periodically submitted to the Association or similar organization in another state by the receiver or liquidator.
(e) Establish regular places and times for meetings of the Board of Directors.
(f) [Establish] Mandate that the Association establish procedures for keeping records of all financial transactions of the Association, its agent and the Board of Directors.
(g) Provide that any member insurer aggrieved by any final action or decision of the Association may appeal to the Commissioner within 30 days after the action or decision.
(h) Establish procedures for submission to the Commissioner of selections for the Board of Directors.
(i) Contain additional provisions necessary or proper for the execution of the duties and powers of the Association.
4. The plan of operation may provide that any or all duties and powers of the Association, except those under paragraph [(c)] (d) of subsection 1 and paragraph (c) of subsection 2 of NRS 687A.060, are delegated to a person who performs or will perform functions similar to those of this Association in two or more states. This person must be reimbursed as a servicing facility and must be paid for performance of any other functions of the Association. A delegation under this subsection takes effect only with the approval of both the Board of Directors and the Commissioner, and may be made only to a person who extends protection not substantially less favorable and effective than that provided by this chapter.
κ2021 Statutes of Nevada, Page 119 (CHAPTER 27, AB 4)κ
both the Board of Directors and the Commissioner, and may be made only to a person who extends protection not substantially less favorable and effective than that provided by this chapter.
Sec. 11. NRS 687A.080 is hereby amended to read as follows:
687A.080 1. The Commissioner shall:
(a) Notify the Association of the existence of an insolvent insurer not later than 3 days after the Commissioner receives notice of the determination of insolvency by a court or makes a determination of insolvency pursuant to NRS 687A.107, whichever is earlier.
(b) Provide the Association with a copy of any complaint seeking an order of liquidation with a finding of insolvency against a member insurer when such a complaint is filed or received by the Commissioner.
(c) Upon request of the Board of Directors of the Association, provide the Association with a statement of the net direct written premiums of each member insurer.
2. The Commissioner may:
(a) Require that the Association notify the insureds of the insolvent insurer and any other interested parties of the determination of insolvency and of their rights under this chapter. Such notification must be by mail at their last known address, but if sufficient information for notification by mail is not available, notice by publication in a newspaper of general circulation is sufficient.
(b) Suspend or revoke, after notice and opportunity for hearing, the certificate of authority to transact insurance in this State of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative, the Commissioner may levy a fine on any member insurer which fails to pay an assessment when due. The fine must not exceed 5 percent of the unpaid assessment per month, except that no fine may be less than $100 per month.
(c) Revoke the designation of any servicing facility if the Commissioner finds claims are being acted upon unsatisfactorily.
(d) Request the Association to perform any acts specified in paragraph [(g)] (i) of subsection 2 of NRS 687A.060.
Sec. 12. NRS 687A.090 is hereby amended to read as follows:
687A.090 1. Any person recovering under this chapter shall be deemed to have assigned his or her rights under the policy to the Association to the extent of the persons recovery from the Association. Every insured or claimant seeking the protection of this chapter shall cooperate with the Association to the same extent as the person would have been required to cooperate with the insolvent insurer. Except [as] :
(a) As otherwise provided in subsection 2 [,] ; and
(b) For a cause of action which the insolvent insurer would have had if such sums had been paid by the insolvent insurer,
Κ the Association does not have a cause of action against the insured of the insolvent insurer for any sums it has paid out.
2. The Association may recover the amount of money paid [to] :
(a) To or on behalf of an insured of an insolvent insurer:
[(a)] (1) If the aggregate net worth of the insured and any affiliate of the insured, as determined on a consolidated basis, is more than [$25,000,000] $10,000,000 on December 31 of the year immediately preceding the date the insurer becomes an insolvent insurer; or
[(b)] (2) If the Association paid the money in error.
κ2021 Statutes of Nevada, Page 120 (CHAPTER 27, AB 4)κ
(b) To any person who is an affiliate of the insolvent insurer.
3. The Association and any association similar to the Association in another state must be recognized as claimants in the liquidation of an insolvent insurer for any amounts paid by them on obligations relating to covered claims as determined under this chapter or similar laws in other states and must receive dividends and any other distributions at the priority set forth in the final order of liquidation. The receiver, liquidator or statutory successor of an insolvent insurer is bound by determinations of eligibility of covered claims under this chapter and by any settlements of covered claims by the Association or a similar organization in another state. The court having jurisdiction shall grant those claims priority equal to that to which the claimant would have been entitled in the absence of this chapter against the assets of the insolvent insurer. The expenses of the Association or similar organization in handling claims must be accorded the same priority as the liquidators expenses.
4. The Association shall periodically file with the receiver or liquidator of the insolvent insurer statements of the covered claims paid by the Association and estimates of anticipated claims on the Association, which statements shall preserve the rights of the Association against the assets of the insolvent insurer.
5. As used in this section, affiliate means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. For the purpose of this definition, the terms owns, is owned and ownership mean ownership of an equity interest, or the equivalent thereof, of 10 percent or more.
Sec. 13. NRS 687A.095 is hereby amended to read as follows:
687A.095 A claim asserted against a person insured by an insurer which has become insolvent which, if it were not a claim by or for the benefit of a reinsurer, insurer, insurance pool , [or] underwriting association, health maintenance organization, hospital plan corporation, professional health service corporation or self-insurer, would be a covered claim, may be filed directly with the receiver of the insolvent insurer. These claims may not be asserted in any action against the insured of the insolvent insurer.
Sec. 14. NRS 687A.100 is hereby amended to read as follows:
687A.100 1. Any person having a claim [against his or her insurer, including, but not limited to, a claim for damages caused by an uninsured motorist, under any provision in the persons insurance policy, which is also a covered claim shall first exhaust his or her right under the policy. Any amount payable on a covered claim under this chapter must be reduced by the amount of the applicable limit under the claimants insurance policy, regardless of whether the claimant recovers the full amount payable under that policy or exhausts only a lesser amount.] under an insurance policy, whether or not the insurance policy is a policy issued by a member insurer, and the claim under such other policy arises from the same facts, injury or loss that gave rise to the covered claim against the Association, is required first to exhaust all coverage provided by any such policy, including, without limitation, the right to a defense under the other policy. Any amount payable on a covered claim under this chapter must be reduced by the full applicable limits stated in such other insurance policy and the Association must receive a full credit for such stated limits, or, where there are no applicable stated limits, the claim must be reduced by the total recovery. Notwithstanding the foregoing, a person is not required to exhaust any right under the policy of an insolvent insurer.
κ2021 Statutes of Nevada, Page 121 (CHAPTER 27, AB 4)κ
2. For the purposes of subsection 1, a claim under an insurance policy:
(a) Which provides liability coverage to a person who may be jointly and severally liable with or a joint tortfeasor with the person covered under the policy of the insolvent insurer that gives rise to the covered claim shall be deemed to be a claim arising from the same facts, injury or loss that gave rise to the covered claim against the Association.
(b) Includes, without limitation:
(1) A claim against a health maintenance organization, a hospital plan corporation or a professional health service corporation; and
(2) Any amount payable by or on behalf of a self-insurer.
3. To the extent that the Associations obligation is reduced by the application of subsections 1 and 2, the liability of the person insured by the insolvent insurers policy for the claim must be reduced in the same amount.
4. Any person having a claim which may be recovered under more than one insurance guaranty association or its equivalent shall seek recovery first from the association of the place of residence of the insured. However, if the claim is a first party claim for damage to property with a permanent location, recovery must first be sought from the association of the location of the property. If the claim is a workers compensation claim, recovery must first be sought from the association of the residence of the claimant. Any recovery under this chapter must be reduced by the amount of the recovery from any other insurance guaranty association or its equivalent.
Sec. 15. NRS 687A.110 is hereby amended to read as follows:
687A.110 To aid in the detection and prevention of insurer insolvencies:
1. [The Board of Directors shall, upon majority vote, notify the Commissioner of any information indicating any member insurer may be insolvent or in a financial condition hazardous to the policyholders or the public.
2. The Board of Directors may, upon majority vote, request that the Commissioner order an examination of any member insurer which the Board in good faith believes may be in a financial condition hazardous to the policyholders or the public. Within 30 days of the receipt of such request, the Commissioner shall begin such examination. The examination may be conducted as a National Association of Insurance Commissioners examination or may be conducted by such persons as the Commissioner designates. The cost of such examination shall be paid by the Association and the examination report shall be treated as are other examination reports. Except as permitted by paragraph (c) of subsection 1 of NRS 687A.115, the Commissioner shall not release an examination report to the Board of Directors prior to its release to the public. The Commissioner shall notify the Board of Directors when the examination is completed. The request for an examination shall be kept on file by the Commissioner, but it shall not be open to public inspection prior to the release of the examination report to the public.
3.] The Board of Directors may, upon majority vote, make [reports and] recommendations to the Commissioner upon any matter [germane to the] generally related to improving or enhancing regulation for solvency . [, liquidation, rehabilitation or conservation of any member insurer. Such reports and recommendations are not public documents.
κ2021 Statutes of Nevada, Page 122 (CHAPTER 27, AB 4)κ
4.] 2. The Board of Directors may, upon majority vote, make recommendations to the Commissioner for the detection and prevention of insurer insolvencies.
[5.] 3. The Board of Directors [shall,] may, at the conclusion of any [insurer] insolvency of a domestic insurer in which the Association was obligated to pay covered claims, prepare a report on the history and causes of such insolvency, based on the information available to the Association, and submit such report to the Commissioner.
Sec. 16. NRS 687A.150 is hereby amended to read as follows:
687A.150 There is no liability, and no cause of action of any nature shall arise against any member insurer, the Association, its agents or employees, the Board of Directors, the Commissioner or the representatives of the Commissioner, for any reasonable action taken , or any failure to act, by them in the performance of their duties and powers under this chapter.
Sec. 17. NRS 687A.160 is hereby amended to read as follows:
687A.160 1. [Upon the application of the Association or insured and upon cause shown,] Subject to waiver by the Association in specific cases involving covered claims, all proceedings in which the insolvent insurer is a party, or is obligated to defend a party, in any court in this State must be stayed [for 3 months and any] until the last day fixed by the court for the filing of claims and for such additional time thereafter [ordered] as may be determined by the court [after] from the date the insolvency is determined or an ancillary proceeding is instituted in this State, whichever is later, to permit proper defense by the Association of all pending causes of action. [Cause may be established by affidavit showing the unavailability of the insolvent insurers files or records which are reasonably necessary for the Association to confirm coverage and adjust the claim.]
2. [If an insolvent insurer has failed to defend an insured in any action, the Association may apply on its own behalf or on behalf of the insured to have any judgment or order in the action set aside and the Association may defend against the action on its merits.] The liquidator, receiver or statutory successor of an insolvent insurer governed by this chapter shall permit access by the Association or its authorized representative to the insolvent insurers records which are necessary for the Association in carrying out its functions under this chapter with regard to covered claims. In addition, the liquidator, receiver or statutory successor shall provide the Association or its representative with copies of such records upon request by the Association and at the expense of the Association.
Sec. 18. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651,
κ2021 Statutes of Nevada, Page 123 (CHAPTER 27, AB 4)κ
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, 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,
κ2021 Statutes of Nevada, Page 124 (CHAPTER 27, AB 4)κ
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.060, 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.
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.
________
κ2021 Statutes of Nevada, Page 125κ
Assembly Bill No. 6Committee on Natural Resources
CHAPTER 28
[Approved: May 21, 2021]
AN ACT relating to water; revising provisions governing an application for a temporary change relating to water already appropriated; and providing other matters properly relating thereto.
Legislative Counsels Digest:
With certain exceptions, existing law requires a person who wishes to change the place of diversion, manner of use or place of use of water already appropriated to apply to the State Engineer for a permit to do so. (NRS 533.325) Existing law requires the State Engineer to hold a hearing on an application for a temporary change to the place of diversion, manner of use or place of use of water already appropriated if the State Engineer determines that such a change may not be in the public interest or may impair the water rights of others. (NRS 533.345) This bill clarifies that a person may file a written protest against the granting of an application for a temporary change and provides that the State Engineer may hold a hearing in accordance with the procedures set forth in existing law.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 533.345 is hereby amended to read as follows:
533.345 1. Every application for a permit to change the place of diversion, manner of use or place of use of water already appropriated must contain such information as may be necessary to a full understanding of the proposed change, as may be required by the State Engineer.
2. If an applicant is seeking a temporary change of place of diversion, manner of use or place of use of water already appropriated, the State Engineer shall approve the application if:
(a) The application is accompanied by the prescribed fees;
(b) The temporary change is in the public interest; and
(c) The temporary change does not impair the water rights held by other persons.
3. If the State Engineer determines that the temporary change may not be in the public interest, or may impair the water rights held by other persons, the State Engineer shall give notice of the application as provided in NRS 533.360 . [and hold a hearing and render a decision as provided in this chapter.] Any person interested may file a written protest to the application and the State Engineer may hold a hearing before rendering a decision in accordance with the provisions of NRS 533.365.
4. A temporary change may be granted for any period not to exceed 1 year.
Sec. 2. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 126κ
Assembly Bill No. 18Committee on Commerce and Labor
CHAPTER 29
[Approved: May 21, 2021]
AN ACT relating to insurance; revising provisions governing the renewal of a policy of insurance; revising provisions governing certain policies of motor vehicle liability insurance; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that, with certain exceptions, no policy of motor vehicle liability insurance may be delivered or issued for delivery in this State unless it provides uninsured vehicle coverage to the persons insured under the policy in an amount that is not less than the minimum limits of coverage for bodily injury required under Nevadas Motor Vehicle Insurance and Financial Responsibility Act, which are currently $25,000 for bodily injury to or death of one person in any one crash and $50,000 for bodily injury to or death of two or more persons in any one crash, and not greater than the coverage for bodily injury that is provided by the policy. (NRS 485.185, 690B.020) Section 3 of this bill eliminates the limitation on the maximum amount of uninsured vehicle coverage that may be provided by a policy of motor vehicle liability insurance.
Existing law prohibits an insurer from renewing a policy on different terms unless the insurer notifies the insured in writing of the different terms at least 30 days before the expiration of the policy. If the insurer fails to provide adequate and timely notice, existing law requires the insurer to renew the policy at the expiring terms. (NRS 687B.350) Section 2 of this bill provides that the notification provisions do not apply to a renewal of a policy in which the change in policy or coverage provisions consists only of: (1) a decrease in the amount of the total premium charged to the insured for the renewal of the policy; (2) a change in the effective date and expiration date of the policy if the duration of the renewed policy remains unchanged; or (3) a change in one or more conditions of the policy that are intended to make an aspect of the coverage provided by the policy more favorable to the insured and is not accompanied by a change in one or more conditions of the policy that are intended to make an aspect of the coverage provided by the policy less favorable to the insured.
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 687B.350 is hereby amended to read as follows:
687B.350 1. Except as otherwise provided in [subsection 2,] subsections 2 and 3, an insurer shall not renew a policy [on different terms,] if the renewal includes a change in policy or coverage provisions, including [different] a change in rates [,] or premiums charged to the insured, unless the insurer notifies the insured in writing of the [different terms or rates] change in policy or coverage provisions at least 30 days before the expiration of the policy. If the insurer fails to provide adequate and timely notice, the insurer shall renew the policy [at] using the expiring [terms and rates:] policy or coverage provisions:
(a) For a period that is equal to the expiring term if the agreed term is 1 year or less; or
κ2021 Statutes of Nevada, Page 127 (CHAPTER 29, AB 18)κ
(b) For 1 year if the agreed term is more than 1 year.
2. The provisions of this section do not apply to a change in the rate for a policy of industrial insurance which is based on:
(a) A change to a prospective loss cost filed by the Advisory Organization pursuant to NRS 686B.177 that is applicable to the risk; or
(b) A correction based on the experience that is applicable to the risk in accordance with the Uniform Plan for Rating Experience filed with the Commissioner pursuant to NRS 686B.177.
3. The provisions of this section do not apply to a renewal of a policy in which the change in policy or coverage provisions consists only of a:
(a) Decrease in the amount of the total premium charged to the insured for the renewal of the policy;
(b) Change in the effective date and expiration date of the policy if the duration of the renewed policy remains unchanged; or
(c) Change in one or more conditions of the policy that are intended to make an aspect of the coverage provided by the policy more favorable to the insured and is not accompanied by a change in one or more conditions of the policy that are intended to make an aspect of the coverage provided by the policy less favorable to the insured.
Sec. 3. NRS 690B.020 is hereby amended to read as follows:
690B.020 1. Except as otherwise provided in this section and NRS 690B.035, no policy insuring against liability arising out of the ownership, maintenance or use of any motor vehicle may be delivered or issued for delivery in this State unless coverage is provided therein or supplemental thereto for the protection of persons insured thereunder who are legally entitled to recover damages, from owners or operators of uninsured or hit-and-run motor vehicles, for bodily injury, sickness or disease, including death, resulting from the ownership, maintenance or use of the uninsured or hit-and-run motor vehicle. No such coverage is required in or supplemental to a policy issued to the State of Nevada or any political subdivision thereof, or where rejected in writing, on a form furnished by the insurer describing the coverage being rejected, by an insured named therein, or upon any renewal of such a policy unless the coverage is then requested in writing by the named insured. The coverage required in this section may be referred to as uninsured vehicle coverage.
2. The amount of coverage to be provided must be not less than the minimum limits for liability insurance for bodily injury provided for under chapter 485 of NRS, but may be in [an amount not to exceed the coverage for bodily injury purchased by the policyholder.] any greater amount.
3. For the purposes of this section, the term uninsured motor vehicle means a motor vehicle:
(a) With respect to which there is not available at the Department of Motor Vehicles evidence of financial responsibility as required by chapter 485 of NRS;
(b) With respect to the ownership, maintenance or use of which there is no liability insurance for bodily injury or bond applicable at the time of the crash or, to the extent of such deficiency, any liability insurance for bodily injury or bond in force is less than the amount required by NRS 485.210;
(c) With respect to the ownership, maintenance or use of which the company writing any applicable liability insurance for bodily injury or bond denies coverage or is insolvent;
κ2021 Statutes of Nevada, Page 128 (CHAPTER 29, AB 18)κ
(d) Used without the permission of its owner if there is no liability insurance for bodily injury or bond applicable to the operator;
(e) Used with the permission of its owner who has insurance which does not provide coverage for the operation of the motor vehicle by any person other than the owner if there is no liability insurance for bodily injury or bond applicable to the operator; or
(f) The owner or operator of which is unknown or after reasonable diligence cannot be found if:
(1) The bodily injury or death has resulted from physical contact of the automobile with the named insured or the person claiming under the named insured or with an automobile which the named insured or such a person is occupying; and
(2) The named insured or someone on behalf of the named insured has reported the crash within the time required by NRS 484E.030, 484E.040 or 484E.050 to the police department of the city where it occurred or, if it occurred in an unincorporated area, to the sheriff of the county or to the Nevada Highway Patrol.
4. For the purposes of this section, the term uninsured motor vehicle also includes, subject to the terms and conditions of coverage, an insured other motor vehicle where:
(a) The liability insurer of the other motor vehicle is unable because of its insolvency to make payment with respect to the legal liability of its insured within the limits specified in its policy;
(b) The occurrence out of which legal liability arose took place while the uninsured vehicle coverage required under paragraph (a) was in effect; and
(c) The insolvency of the liability insurer of the other motor vehicle existed at the time of, or within 2 years after, the occurrence.
Κ Nothing contained in this subsection prevents any insurer from providing protection from insolvency to its insureds under more favorable terms.
5. If payment is made to any person under uninsured vehicle coverage, and subject to the terms of the coverage, to the extent of such payment the insurer is entitled to the proceeds of any settlement or recovery from any person legally responsible for the bodily injury as to which payment was made, and to amounts recoverable from the assets of the insolvent insurer of the other motor vehicle.
6. A vehicle involved in a crash which results in bodily injury or death shall be presumed to be an uninsured motor vehicle if no evidence of financial responsibility is supplied to the Department of Motor Vehicles in the manner required by chapter 485 of NRS within 60 days after the crash occurs.
________
κ2021 Statutes of Nevada, Page 129κ
Assembly Bill No. 27Committee on Judiciary
CHAPTER 30
[Approved: May 21, 2021]
AN ACT relating to child support; revising provisions of the Uniform Interstate Family Support Act governing the issuance of certain orders redirecting child support; and providing other matters properly relating thereto.
Legislative Counsels Digest:
In 1997, Nevada enacted the Uniform Interstate Family Support Act to establish procedures and jurisdictional requirements regarding the issuance, enforcement and modification of interstate child-support and spousal-support orders that are consistent with the procedures and requirements of other states. (Chapter 489, Statutes of Nevada 1997, at pages 2311-29) Existing law requires: (1) a support-enforcement agency of this State to request a tribunal of this State to issue a child-support order and an income-withholding order that redirect certain support, if requested by a support-enforcement agency in another state; and (2) a tribunal to redirect the support to the support-enforcement agency in another state and issue an income-withholding order or administrative notice, reflecting the redirection, if neither the parent owing support, nor the parent receiving support, nor the child reside in this State. (NRS 130.317, 130.319) As an alternative to this requirement, this bill allows a support-enforcement agency of this State to issue orders redirecting support under such circumstances, in conformity with an option proposed by the Uniform Law Commission under the 2008 amendments to the Uniform Interstate Family Support Act.
EXPLANATION Matter in bolded italics is new; matter between brackets
[omitted
material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 130.307 is hereby amended to read as follows:
130.307 1. A support-enforcement agency of this State, upon request, shall provide services to a petitioner in a proceeding under this chapter.
2. A support-enforcement agency of this State that is providing services to the petitioner shall:
(a) Take all steps necessary to enable an appropriate tribunal of this State, another state or a foreign country to obtain jurisdiction over the respondent;
(b) Request an appropriate tribunal to set a date, time and place for a hearing;
(c) Make a reasonable effort to obtain all relevant information, including information as to the income and property of the parties;
(d) Within 5 days, exclusive of Saturdays, Sundays and legal holidays, after receipt of notice in a record from an initiating, responding or registering tribunal, send a copy of the notice to the petitioner;
(e) Within 5 days, exclusive of Saturdays, Sundays and legal holidays, after receipt of communication in a record from the respondent or his or her attorney, send a copy of the communication to the petitioner; and
(f) Notify the petitioner if jurisdiction over the respondent cannot be obtained.
κ2021 Statutes of Nevada, Page 130 (CHAPTER 30, AB 27)κ
3. A support-enforcement agency of this State that requests registration of a child-support order in this State for enforcement or for modification shall make reasonable efforts:
(a) To ensure that the order to be registered is the controlling order; or
(b) If two or more child-support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.
4. A support-enforcement agency of this State that requests registration and enforcement of a support order, arrears or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.
5. A support-enforcement agency of this State shall issue or request a tribunal of this State to issue a child-support order and an income-withholding order that redirect payment of current support, arrears and interest if requested to do so by a support-enforcement agency of another state pursuant to a law similar to NRS 130.319.
6. This chapter does not create or negate a relationship of attorney and client or other fiduciary relationship between a support-enforcement agency or the attorney for the agency and the natural person being assisted by the agency.
Sec. 2. NRS 130.319 is hereby amended to read as follows:
130.319 1. A support-enforcement agency or tribunal of this State shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments received.
2. If neither the obligor, nor the obligee who is a natural person, nor the child resides in this State, upon request from a support-enforcement agency of this State or another state, a support-enforcement agency or tribunal of this State shall:
(a) Direct that the support payment be made to the support-enforcement agency in the state in which the obligee is receiving services; and
(b) Issue and send to the employer of the obligor a conforming income-withholding order or an administrative notice of change of payee, reflecting the redirected payments.
3. A support-enforcement agency of this State receiving redirected payments from another state pursuant to a law similar to subsection 2 shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received.
Sec. 3. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 131κ
Assembly Bill No. 30Committee on Judiciary
CHAPTER 31
[Approved: May 21, 2021]
AN ACT relating to crimes; revising provisions governing eligibility for a grant from the Account for Aid for Victims of Domestic Violence; renaming the Account; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Account for Aid for Victims of Domestic Violence in the State General Fund, which is administered by the Administrator of the Division of Child and Family Services of the Department of Health and Human Services. (NRS 217.440) Under existing law, an eligible nonprofit organization is authorized to apply for a grant from the Account. (NRS 217.420, 217.440) Section 1 of this bill changes one of the eligibility requirements for such a grant to require: (1) that the nonprofit organization provide its services exclusively for victims of domestic violence if located in a county whose population is 100,000 or more (currently Clark and Washoe Counties); or (2) that it provide its services primarily for such victims if located in a county whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties). (NRS 217.420) Section 1 also: (1) changes one of the eligibility requirements from the requirement that the nonprofit organization be able to provide or make referrals for counseling for victims or spouses of victims and their children to the requirement that it be able to provide or make referrals for counseling for victims and partners and family members of victims; and (2) adds the eligibility requirement that the nonprofit organization be able to provide prevention programs for members of the community. Section 2.5 of this bill requires the Administrator to award grants to not more than one applicant in each county whose population is less than 100,000.
Existing law requires the allocation of 15 percent of all money granted from the Account to organizations in a county whose population is 700,000 or more (currently Clark County) to an organization in the county which has been specifically created to assist victims of sexual assault. (NRS 217.410) Section 2 of this bill renames the Account as the Account for Aid for Victims of Domestic or Sexual Violence to reflect this additional authorized use of money in the Account.
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 217.420 is hereby amended to read as follows:
217.420 [To] Except as otherwise provided in NRS 217.410, to be eligible for a grant from the Account for Aid for Victims of Domestic or Sexual Violence, an applicant must:
1. Be a nonprofit corporation, incorporated or qualified in this state.
2. Be governed by a board of trustees which reflects the racial, ethnic, economic and social composition of the county to be served and includes at least one trustee who has been a victim of domestic violence.
3. Receive at least 15 percent of its money from sources other than the Federal Government, the State, any local government or other public body or their instrumentalities. Any goods or services which are contributed to the organization may be assigned their reasonable monetary value for the purpose of complying with the requirement of this subsection.
κ2021 Statutes of Nevada, Page 132 (CHAPTER 31, AB 30)κ
organization may be assigned their reasonable monetary value for the purpose of complying with the requirement of this subsection.
4. Provide its services [exclusively] :
(a) Exclusively for victims of domestic violence and only within this state [.] if located in a county whose population is 100,000 or more; or
(b) Primarily for victims of domestic violence and only within this state if located in a county whose population is less than 100,000.
5. Require its employees and volunteer assistants to maintain the confidentiality of any information which would identify persons receiving the services.
6. Provide its services without any discrimination on the basis of race, religion, color, age, sex, sexual orientation, gender identity or expression, marital status, national origin or ancestry.
7. Be able to provide:
(a) Except in counties whose population is less than 100,000, shelter to victims on any day, at any hour.
(b) A telephone service capable of receiving emergency calls on any day, at any hour.
(c) Except in counties whose population is less than 100,000, facilities where food can be stored and prepared.
(d) Counseling, or make referrals for counseling, for victims [or spouses] , partners of victims and [their children.] family members of victims.
(e) Assistance to victims in obtaining legal, medical, psychological or vocational help.
(f) Education and training , including prevention programs, for members of the community on matters which relate to domestic violence.
Sec. 2. NRS 217.440 is hereby amended to read as follows:
217.440 1. An Account for Aid for Victims of Domestic or Sexual Violence is hereby created in the State General Fund. The Account must be administered by the Administrator of the Division.
2. Any nonprofit organization in the State which is able to meet the requirements specified in [subsection 7 of] NRS 217.420 may apply for a grant from the Account for Aid for Victims of Domestic or Sexual Violence.
3. An application for a grant must be received by the Division before April 1 preceding the fiscal year for which the grant is sought.
Sec. 2.5. NRS 217.450 is hereby amended to read as follows:
217.450 1. The Commission on Behavioral Health shall advise the Administrator of the Division concerning the award of grants from the Account for Aid for Victims of Domestic or Sexual Violence.
2. The Administrator of the Division shall give priority to those applications for grants from the Account for Aid for Victims of Domestic or Sexual Violence submitted by organizations which offer the broadest range of services for the least cost within one or more counties. The Administrator shall not approve the use of money from a grant to acquire any buildings.
3. The Administrator of the Division shall award grants to not more than one applicant in each county whose population is less than 100,000.
4. The Administrator of the Division has the final authority to approve or deny an application for a grant. The Administrator shall notify each applicant in writing of the action taken on its application within 45 days after the deadline for filing the application.
[4.] 5. In determining the amount of money to be allocated for grants, the Administrator of the Division shall use the following formula:
κ2021 Statutes of Nevada, Page 133 (CHAPTER 31, AB 30)κ
(a) A basic allocation of $7,000 must be made for each county whose population is less than 100,000. For counties whose population is 100,000 or more, the basic allocation is $35,000. These allocations must be increased or decreased for each fiscal year ending after June 30, 1990, by the same percentage that the amount deposited in the account during the preceding fiscal year, pursuant to NRS 122.060, is greater or less than the sum of $791,000.
(b) Any additional revenue available in the Account must be allocated to grants, on a per capita basis, for all counties whose population is 20,000 or more.
(c) Money remaining in the Account after disbursement of grants does not revert and may be awarded in a subsequent year.
Sec. 3. 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. 4. 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. 5. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 134κ
Assembly Bill No. 31Committee on Natural Resources
CHAPTER 32
[Approved: May 21, 2021]
AN ACT relating to substances regulated by the State Department of Agriculture; requiring the State Board of Agriculture to adopt standards for diesel exhaust fluid; prohibiting certain commercial activities relating to diesel exhaust fluid in certain circumstances; transferring the duty to adopt standards for aviation fuel from the State Sealer of Consumer Equitability to the Board; requiring the Board to adopt standards for petroleum heating products, not including liquefied petroleum gas and natural gas; revising provisions relating to the storage and disposal of petroleum products; eliminating certain powers and duties of the State Sealer of Consumer Equitability relating to petroleum products; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the State Board of Agriculture to adopt by regulation specifications for motor vehicle fuel that comply with certain requirements. (NRS 590.070) Sections 1 and 3 of this bill additionally require the Board to adopt by regulation specification standards for diesel exhaust fluid and authorize the Board to follow the specification standards set forth by the International Organization for Standardization or by ASTM International. Section 1 also makes it unlawful for a person to engage in certain commercial activities regarding diesel exhaust fluid unless the diesel exhaust fluid conforms to the specification standards prescribed by the Board. Finally, section 1 makes a violation punishable by the imposition of a fine and authorizes the Board to request the district attorney to investigate a suspected violation or file a complaint, as set forth in section 5 of this bill. Additionally, section 5 requires the Board to enforce the specification standards for diesel exhaust fluid that are adopted by the Board. Sections 2, 4 and 10-14 of this bill make conforming changes to indicate the appropriate placement of section 1 in the Nevada Revised Statutes.
Existing law excludes additives from the definition of petroleum products, which has the effect of excluding additives from the regulatory requirements imposed on petroleum products. (NRS 590.020) Section 3 revises the definition of additives to include substances added to motor vehicle fuel or petroleum heating product, which has the effect of excluding these substances from regulatory requirements which would otherwise apply. Section 3 also applies the regulatory requirements for motor vehicle fuels to certain additional types of alternative fuels.
Existing law provides that it is unlawful for a person to engage in certain commercial activities regarding any aviation fuel unless the aviation fuel conforms to the specification standards prescribed by regulation of the State Sealer of Consumer Equitability. (NRS 590.073) Section 6 of this bill transfers this duty to the Board. Section 6 also makes a violation punishable by the imposition of a fine and authorizes the Board to request the district attorney to investigate a suspected violation or file a complaint, as set forth in section 5. Additionally, section 5 requires the Board to enforce the specification standards for aviation fuel that are adopted by the Board.
Existing law makes it unlawful to engage in certain commercial activities regarding any petroleum or petroleum product to be used for heating purposes unless the petroleum or petroleum product conforms to the most recent standards adopted by ASTM International. (NRS 590.090) Section 7 of this bill instead prohibits a person from engaging in such commercial activities relating to any petroleum heating product, not including liquefied petroleum gas or natural gas, unless the petroleum heating product conforms to specification standards prescribed by regulation of the Board.
κ2021 Statutes of Nevada, Page 135 (CHAPTER 32, AB 31)κ
from engaging in such commercial activities relating to any petroleum heating product, not including liquefied petroleum gas or natural gas, unless the petroleum heating product conforms to specification standards prescribed by regulation of the Board. Section 7 requires the Board to adopt such standards by regulation and requires the regulations to conform to the specification standards set forth by ASTM International. Section 7 makes a violation of the prohibition against certain commercial activities relating to any petroleum heating product punishable by the imposition of a fine and authorizes the Board to request the district attorney to investigate a suspected violation or file a complaint, as set forth in section 5. Additionally, section 5 requires the Board to enforce the specification standards adopted by the Board for petroleum heating products.
Existing law authorizes the State Sealer of Consumer Equitability, or the appointees thereof, or any member of the Nevada Highway Patrol, to take such samples as he or she deems necessary of any petroleum product or motor vehicle fuel. Existing law provides that it is unlawful for any person, or any officer, agent or employee thereof, to refuse to permit the State Sealer of Consumer Equitability, or the appointees thereof, or any member of the Nevada Highway Patrol, in the State of Nevada, to take such samples or to prevent the taking of such samples. (NRS 590.100) Section 8 of this bill removes the language which makes this an unlawful act. Section 8 instead provides that it is unlawful for any person, or any officer, agent or employee thereof, to hinder, obstruct or prevent, or attempt to hinder, obstruct or prevent the State Sealer of Consumer Equitability, or the appointees thereof, or any member of the Nevada Highway Patrol, the performance of certain duties. Section 8 further provides that it is unlawful for any person, or any officer, agent or employee thereof, to refuse to permit, during regular business hours, the State Sealer of Consumer Equitability, or the appointees thereof, or any member of the Nevada Highway Patrol, access to property or equipment in this State to carry out certain duties.
Existing law authorizes the State Sealer of Consumer Equitability, or the appointees thereof, to close and seal the outlets of any unlabeled or mislabeled containers, pumps, dispensers or storage tanks connected thereto or which contain any petroleum product or motor vehicle fuel which, if sold, would violate any labeling requirements that are set forth in the Nevada Petroleum Products Inspection Act. (NRS 590.100) Section 8 authorizes the State Sealer of Consumer Equitability or his or her appointee, upon closing and sealing an outlet, to take meter readings and an inventory of the petroleum product or motor vehicle fuel. Section 8 also requires the operator of a bulk storage facility where such a violation occurs to: (1) make arrangements to replace or adjust the petroleum product or motor vehicle fuel to correct the violation; and (2) notify all customers that have or may have received the petroleum product or motor vehicle fuel that was in violation. After the petroleum product or motor vehicle fuel is removed, section 8 requires: (1) the method of disposing of the petroleum product or motor vehicle fuel to be agreed to by the State Sealer of Consumer Equitability, or the appointees thereof, before the petroleum product or motor vehicle fuel is disposed of; and (2) the person who disposes of the petroleum product or motor vehicle fuel to make available upon request of the State Sealer of Consumer Equitability, or the appointees thereof, a written confirmation of the disposition of the products in violation. Section 8 further authorizes such a confirmation to be in the form of a delivery ticket, an invoice ticket, a bill of lading, a bill of sale, a terminal ticket or any other proof of transfer that is approved by the Board. Section 5 authorizes the Board to adopt regulations approving other types of proof of transfer.
Existing law requires the State Sealer of Consumer Equitability, or the appointees thereof, upon at least 24 hours notice to certain persons, to break a seal for the purpose of removing the contents of the container, pump, dispenser or storage tank. (NRS 590.100) Section 8 authorizes this 24 hours notice requirement to be waived if the State Sealer of Consumer Equitability, or the appointees thereof, and certain persons agree in writing to the waiver.
κ2021 Statutes of Nevada, Page 136 (CHAPTER 32, AB 31)κ
Existing law requires the Board to adopt by regulation: (1) certain specifications for motor vehicle fuel; and (2) procedures for allowing variances from such specifications for motor vehicle fuel. Existing law requires any petroleum or petroleum product that is sold or offered for sale as motor vehicle fuel to conform with the regulations that the Board adopts. (NRS 590.070) Additionally, existing law requires the State Sealer of Consumer Equitability to adopt by regulation standard procedures for testing petroleum products and motor vehicle fuel. Existing law further authorizes the State Sealer of Consumer Equitability to adopt specification standards for certain types of fuel that are used in internal combustion engines. (NRS 590.100) Section 8 removes this requirement and authority from the State Sealer of Consumer Equitability, thereby leaving only the Board with the authority to regulate such products and fuels.
Section 9 of this bill updates the publication required by existing law to be used for gravity and volume conversion and temperature correction of 60°F. (NRS 590.105)
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 590 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The State Board of Agriculture shall adopt by regulation specification standards for diesel exhaust fluid.
2. When adopting the regulations required pursuant to subsection 1, the State Board of Agriculture may follow the specification standards set forth by the International Organization for Standardization or by ASTM International.
3. It is unlawful for any person to sell, offer for sale or assist in the sale of, or permit to be sold or offered for sale, any diesel exhaust fluid unless the diesel exhaust fluid conforms to the specification standards prescribed by regulation of the State Board of Agriculture pursuant to subsection 1.
4. In addition to any criminal penalty that is imposed pursuant to the provisions of NRS 590.150, any person who violates any provision of this section may be further punished as provided in NRS 590.071.
Sec. 2. NRS 590.010 is hereby amended to read as follows:
590.010 NRS 590.010 to 590.150, inclusive, and section 1 of this act may be known and cited as the Nevada Petroleum Products Inspection Act.
Sec. 3. NRS 590.020 is hereby amended to read as follows:
590.020 As used in NRS 590.010 to 590.330, inclusive, and section 1 of this act, unless the context otherwise requires:
1. Additives means a substance to be added to a motor vehicle fuel, petroleum heating product, motor oil or lubricating oil to impart or improve desirable properties or to suppress undesirable properties.
2. Advertising medium means any sign, printed or written matter, or device for oral or visual communication.
3. Alternative fuel includes, without limitation [, premium diesel fuel, B-5 diesel fuel, B-10 diesel fuel, B-20 diesel fuel, B-100 diesel fuel,] :
(a) Any M-85 [,] or M-100 [,] fuel methanol that meets the specifications for motor vehicle fuel adopted by regulation pursuant to NRS 590.070;
κ2021 Statutes of Nevada, Page 137 (CHAPTER 32, AB 31)κ
(b) Any E-85 [,] or E-100 [, liquefied] fuel ethanol that meets the specifications for motor vehicle fuel adopted by regulation pursuant to NRS 590.070;
(c) Liquefied petroleum gas [, natural] ;
(d) Natural gas [, reformulated gasoline, gasohol and oxygenated fuel.] ;
(e) Any hydrogen that meets the specifications for motor vehicle fuel adopted by regulation pursuant to NRS 590.070;
(f) Electricity;
(g) Any biodiesel fuel that contains:
(1) Diesel that meets the specifications for motor vehicle fuel adopted by regulation pursuant to NRS 590.070; and
(2) At least 5 percent by volume biodiesel fuel blend stock for distillate fuels;
(h) Any blend of ethanol and diesel fuel:
(1) That contains:
(I) Any amount of diesel fuel that meets the specifications for motor vehicle fuel adopted by regulation pursuant to NRS 590.070; and
(II) At least 5 percent by volume ethanol; and
(2) That may contain a proprietary additive; and
(i) Any renewable diesel fuel that:
(1) Contains at least 20 percent by volume renewable diesel blend stock for distillate fuels; and
(2) If a part of a blend stock, contains diesel that meets the specifications for motor vehicle fuel adopted by regulation pursuant to NRS 590.070.
Κ The term does not include a fuel that is required for use in this State pursuant to a state implementation plan adopted by this State pursuant to 42 U.S.C. § 7410.
4. Brand name means a name or logo that is used to identify a business or company.
5. Diesel exhaust fluid means an aqueous urea solution that:
(a) Contains, by mass, 32.5 percent technically pure urea and 67.5 percent pure water;
(b) Is used in selective catalytic reduction to lower oxides of nitrogen concentration in the exhaust emissions of diesel engines; and
(c) Meets the standards set forth in the latest version of ISO 22241, Diesel engines — NOx reduction agent AUS 32 of the International Organization for Standardization.
6. Grade means:
(a) Regular, midgrade, plus, super, premium or words of similar meaning when describing a grade designation for gasoline.
(b) Diesel or words of similar meaning, including, without limitation, any specific type of diesel, when describing a grade designation for diesel motor fuel.
(c) M-85, M-100, E-85, E-100 or words of similar meaning when describing a grade designation for alternative fuel.
(d) Propane, liquefied petroleum gas, compressed natural gas, liquefied natural gas or words of similar meaning when describing pressurized gases.
[6.] 7. Motor vehicle fuel means a petroleum product or alternative fuel used for internal combustion engines in motor vehicles. The term does not include motor vehicle fuel additives.
κ2021 Statutes of Nevada, Page 138 (CHAPTER 32, AB 31)κ
[7.] 8. Performance rating means the system adopted by the American Petroleum Institute for the classification of uses for which an oil is designed.
[8.] 9. Petroleum heating product means a petroleum product that is used for heating purposes. The term does not include petroleum heating product additives.
10. Petroleum products means gasoline, diesel fuel, burner fuel kerosene, lubricating oil, motor oil or any product represented as motor oil or lubricating oil. The term does not include liquefied petroleum gas, natural gas or motor oil additives.
[9.] 11. Pure water means water that is:
(a) Very low in inorganic, organic or colloidal contaminants; and
(b) Produced by a process such as:
(1) Single distillation;
(2) Deionization;
(3) Ultra-filtration; or
(4) Reverse osmosis.
12. Recycled oil means a petroleum product which is prepared from used motor oil or used lubricating oil. The term includes rerefined oil.
[10.] 13. Rerefined oil means used oil which is refined after its previous use to remove from the oil any contaminants acquired during the previous use.
14. Technically pure urea means urea that is:
(a) An industrially produced grade of urea with traces of biuret, ammonia and water only;
(b) Free of aldehydes or other substances, including, without limitation, anticaking agents; and
(c) Free of contaminants, including, without limitation, sulphur and its compounds, chloride and nitrate.
[11.] 15. Used oil means any oil which has been refined from crude or synthetic oil and, as a result of use, has become unsuitable for its original purpose because of a loss of its original properties or the presence of impurities, but which may be suitable for another use or economically recycled.
[12.] 16. Viscosity grade classification means the measure of an oils resistance to flow at a given temperature according to the grade classification system of the Society of Automotive Engineers or other grade classification.
Sec. 4. NRS 590.040 is hereby amended to read as follows:
590.040 1. It is unlawful for any person to sell or offer to sell any motor vehicle fuel unless a sign or label is firmly attached to or painted at or near the outlet of the container from which or into which the motor vehicle fuel is dispensed or received for sale or delivery. Except as otherwise provided in this section, the sign or label, in letters not less than one-half inch in height, must contain the brand name and the grade designation of the motor vehicle fuel. All containers and dispensers of lubricating and motor oil must also be labeled in the same manner with the oils viscosity grade classification and performance rating. If a lubricating or motor oil has more than one viscosity grade classification or performance rating, each viscosity grade classification and performance rating must be included in the label. When the sign or label is attached to the faucet or valve of a tank truck or tank wagon, the letters must be not less than one-half inch in height. The provisions of this subsection do not apply to any oil labeled prediluted or intended only for mixture with gasoline or other motor vehicle fuel in a two-cycle engine.
κ2021 Statutes of Nevada, Page 139 (CHAPTER 32, AB 31)κ
provisions of this subsection do not apply to any oil labeled prediluted or intended only for mixture with gasoline or other motor vehicle fuel in a two-cycle engine.
2. The inlet end of the fill pipe to each storage tank of motor vehicle fuel must be labeled with the brand name and the grade of the motor vehicle fuel contained therein or have a product-specific pressure vessel fill connection.
3. Delivery outlets for motor vehicle fuel on tank delivery trucks must be labeled to comply with the requirements of this section before departure from the bulk plants.
4. If any motor vehicle fuel has no brand name, the sign or label required by subsection 1 must consist of words, in letters not less than 3 inches high, that designate the specific type of motor vehicle fuel followed by the words No Brand, such as Gasoline, No Brand or E-100, No Brand.
5. On any container with a net content of 1 United States gallon or less, the brand name or trademark, the name and address of the distributor or manufacturer, the viscosity grade classification, the performance rating and the words Motor Oil or Lubricating Oil must be painted, printed, embossed or otherwise firmly affixed on the container in letters and numerals of legible size. Such a designation constitutes compliance with the provisions of this section.
6. Small hand measures used for delivery of petroleum products or motor vehicle fuel that are filled in the presence of the customer need not be labeled in accordance with the provisions of NRS 590.010 to 590.150, inclusive, and section 1 of this act if the receptacle, container or pump from which petroleum products or motor vehicle fuel is drawn or poured into the hand measures is properly labeled as required by the provisions of NRS 590.010 to 590.150, inclusive [.] , and section 1 of this act.
Sec. 5. NRS 590.071 is hereby amended to read as follows:
590.071 1. The State Board of Agriculture shall:
(a) Enforce the specifications for motor vehicle fuel adopted by regulation pursuant to NRS 590.070.
(b) Enforce the specification standards for diesel exhaust fluid adopted by regulation pursuant to section 1 of this act.
(c) Enforce the specification standards for aviation fuel adopted by regulation pursuant to NRS 590.073.
(d) Enforce the specification standards for petroleum heating products adopted by regulation pursuant to NRS 590.090.
(e) Adopt regulations specifying a schedule of fines that it may impose, upon notice and hearing, for each violation of the provisions of NRS 590.070 [.] , 590.073 and 590.090 and section 1 of this act. The maximum fine that may be imposed by the Board for each violation must not exceed $5,000 per day. All fines collected by the Board pursuant to the regulations adopted pursuant to this subsection must be deposited with the State Treasurer for credit to the State General Fund.
2. The State Board of Agriculture may:
(a) Adopt regulations approving other types of proof of transfer as described in subsection 9 of NRS 590.100. Such proof of transfer must contain:
κ2021 Statutes of Nevada, Page 140 (CHAPTER 32, AB 31)κ
(1) The name of the person or business who makes the transfer;
(2) The name of the person or business to whom the petroleum product or motor vehicle fuel is transferred;
(3) The date of the transfer;
(4) If the motor vehicle fuel is gasoline, the octane rating number of the gasoline; and
(5) If the meter readings and physical inventory is taken or caused to be taken pursuant to subsection 5 of NRS 590.100, the volume, in gallons, of the petroleum product or motor vehicle fuel that is transferred.
(b) In addition to imposing a fine pursuant to subsection 1, issue an order requiring a violator to take appropriate action to correct the violation.
[(b)] (c) Request the district attorney of the appropriate county to investigate or file a criminal complaint against any person that the Board suspects may have violated any provision of NRS 590.070 [.] , 590.073 and 590.090 and section 1 of this act.
Sec. 6. NRS 590.073 is hereby amended to read as follows:
590.073 1. [It] The State Board of Agriculture shall adopt by regulation specification standards for aviation fuel.
2. When adopting the regulations required pursuant to subsection 1, the State Board of Agriculture may follow the specification standards set forth by ASTM International.
3. Except as otherwise provided in subsection 5, it is unlawful for any person to sell, offer for sale or assist in the sale of, or permit to be sold or offered for sale, any aviation fuel unless such fuel conforms to the specification standards prescribed by regulation of the State [Sealer of Consumer Equitability. The State Sealer of Consumer Equitability may follow the specification standards set forth by ASTM International.
2.] Board of Agriculture pursuant to subsection 1.
4. In addition to any criminal penalty that is imposed pursuant to the provisions of NRS 590.150, any person who violates any provision of this section may be further punished as provided in NRS 590.071.
5. This section does not apply to aviation fuel for use by military aircraft.
Sec. 7. NRS 590.090 is hereby amended to read as follows:
590.090 1. The State Board of Agriculture shall adopt by regulation specification standards for petroleum heating products, not including liquefied petroleum gas and natural gas. Such regulations must conform to the specification standards set forth by ASTM International.
2. It is unlawful for any person, or any officer, agent or employee thereof, to sell, offer for sale, or assist in the sale of or permit to be sold or offered for sale any [petroleum or] petroleum heating product [to be used for heating purposes,] , not including liquefied petroleum gas and natural gas, unless the [petroleum or] petroleum heating product conforms to the [most recent] specification standards [adopted by ASTM International.] prescribed by regulation of the State Board of Agriculture pursuant to subsection 1.
[2.] 3. All bulk storage tanks, dispensers and petroleum tank truck compartment outlets containing or dispensing heating fuel must be labeled with the brand name and the grade designation of the heating fuel.
[3.] 4. A person shall not use the numerical grade designation for heating fuels adopted by ASTM International unless the designation conforms to that designation. Persons using a designation other than the numerical grade designation adopted by ASTM International must file with the Division of Consumer Equitability of the State Department of Agriculture the designation to be used together with its corresponding grade designation of ASTM International.
κ2021 Statutes of Nevada, Page 141 (CHAPTER 32, AB 31)κ
the Division of Consumer Equitability of the State Department of Agriculture the designation to be used together with its corresponding grade designation of ASTM International.
5. In addition to any criminal penalty that is imposed pursuant to the provisions of NRS 590.150, any person who violates any provision of this section may be further punished as provided in NRS 590.071.
Sec. 8. NRS 590.100 is hereby amended to read as follows:
590.100 The State Sealer of Consumer Equitability is charged with the proper enforcement of NRS 590.010 to 590.150, inclusive, and section 1 of this act and has the following powers and duties:
1. The State Sealer of Consumer Equitability may publish reports relating to petroleum products and motor vehicle fuel in such form and at such times as he or she deems necessary.
2. The State Sealer of Consumer Equitability, or the appointees thereof, shall inspect and check the accuracy of all measuring devices for petroleum products and motor vehicle fuel maintained in this State, and shall seal all such devices whose tolerances are found to be within those prescribed by the National Institute of Standards and Technology.
3. The State Sealer of Consumer Equitability, or the appointees thereof, or any member of the Nevada Highway Patrol, may take such samples as he or she deems necessary of any petroleum product or motor vehicle fuel that is kept, transported or stored within the State of Nevada. [It is unlawful for any person, or any officer, agent or employee thereof, to refuse to permit the State Sealer of Consumer Equitability, or the appointees thereof, or any member of the Nevada Highway Patrol, in the State of Nevada, to take such samples, or to prevent or to attempt to prevent the State Sealer of Consumer Equitability, or the appointees thereof, or any member of the Nevada Highway Patrol, from taking them.] If the person, or any officer, agent or employee thereof, from which a sample is taken at the time of taking demands payment, then the person taking the sample shall pay the reasonable market price for the quantity taken.
4. The State Sealer of Consumer Equitability, or the appointees thereof, may close and seal the outlets of any [unlabeled or mislabeled] containers, pumps, dispensers or storage tanks connected thereto which are unlabeled or mislabeled or which contain any petroleum product or motor vehicle fuel which, if sold, would violate any of the provisions of NRS 590.010 to 590.150, inclusive, and section 1 of this act and shall post, in a conspicuous place on the premises where those containers, pumps, dispensers or storage tanks have been sealed, a notice stating that the action of sealing has been taken in accordance with the provisions of NRS 590.010 to 590.150, inclusive, and section 1 of this act and giving warning that it is unlawful to break, mutilate or destroy the seal or seals thereof under penalty as provided in NRS 590.110.
5. Upon closing and sealing an outlet pursuant to subsection 4, the State Sealer of Consumer Equitability, or the appointees thereof:
(a) May take or cause to be taken meter readings and a physical inventory of the petroleum product or motor vehicle fuel; and
(b) If meter readings and an inventory are taken pursuant to paragraph (a), shall ensure that the findings of the meter readings and physical inventory are reported in the confirmation for disposition.
6. If a violation of any of the provisions of NRS 590.010 to 590.150, inclusive, and section 1 of this act occurs at a bulk storage facility, the operator of the bulk storage facility shall, within 12 hours after being notified by the State Sealer of Consumer Equitability, or the appointees thereof, of the violation, make any arrangements necessary to replace or adjust the petroleum product or motor vehicle fuel so that the product or fuel is no longer in violation.
κ2021 Statutes of Nevada, Page 142 (CHAPTER 32, AB 31)κ
operator of the bulk storage facility shall, within 12 hours after being notified by the State Sealer of Consumer Equitability, or the appointees thereof, of the violation, make any arrangements necessary to replace or adjust the petroleum product or motor vehicle fuel so that the product or fuel is no longer in violation. Except as otherwise provided in this subsection, the operator of the bulk storage facility shall also, within 12 hours after being notified by the State Sealer of Consumer Equitability, or the appointees thereof, notify all customers that have or may have received the petroleum product or motor vehicle fuel that is in violation. The operator of the bulk storage facility shall make available to the State Sealer of Consumer Equitability, or the appointees thereof, upon request, a complete list of customers contacted and how such contact was made. The State Sealer of Consumer Equitability may exempt from the notification requirement a bulk storage facility where such a violation occurs if:
(a) The petroleum product or motor vehicle fuel is used for blending purposes or is designed for special equipment or services; and
(b) The operator of the bulk storage facility can demonstrate that the distribution of the petroleum product or motor vehicle fuel will be restricted to those uses.
7. [The] Except as otherwise provided in this subsection, the State Sealer of Consumer Equitability, or the appointees thereof, shall, upon at least 24 hours notice to the owner, manager, operator or attendant of the premises where a container, pump, dispenser or storage tank has been sealed [,] pursuant to subsection 4, and at the time specified in the notice, break the seal for the purpose of permitting the removal of the contents of the container, pump, dispenser or storage tank. If the contents are not immediately and completely removed, the container, pump, dispenser or storage tank must be again sealed. The requirement to provide 24 hours notice pursuant to this subsection may be waived if the State Sealer of Consumer Equitability, or the appointees thereof, and the owner, manager, operator or attendant of the premises where a container, pump, dispenser or storage tank has been sealed agree in writing to the waiver.
8. After removing the contents pursuant to subsection 7 and before the contents may be disposed of, the method of disposition of the contents must be agreed to by the State Sealer of Consumer Equitability, or the appointees thereof.
9. After the method of disposition of the contents is agreed to pursuant to subsection 8 and the disposition occurs, the person who disposes of the contents shall make available in writing to the State Sealer of Consumer Equitability, or the appointees thereof, a confirmation of the disposition of the products in violation. Such a confirmation of disposition must include the volume, in gallons, of the petroleum product or motor vehicle fuel that is transferred if the meter readings and physical inventory are taken or caused to be taken pursuant to subsection 5. A confirmation of the disposition of the products in violation may be in the form of:
(a) A delivery ticket;
(b) An invoice;
(c) A bill of lading;
(d) A bill of sale;
(e) A terminal ticket; or
(f) Any other proof of transfer that is approved by the State Board of Agriculture pursuant to paragraph (a) of subsection 2 of NRS 590.071.
κ2021 Statutes of Nevada, Page 143 (CHAPTER 32, AB 31)κ
[6.] 10. The State Sealer of Consumer Equitability shall adopt regulations which are necessary for the enforcement of NRS 590.010 to 590.150, inclusive, [including standard procedures for testing petroleum products or motor vehicle fuel which are based on sources such as those approved by ASTM International, and may adopt specifications for any fuel for use in internal combustion engines which is sold or offered for sale and contains any alcohol or other combustible chemical that is not a petroleum product or motor vehicle fuel.] and section 1 of this act.
11. It is unlawful for any person, or any officer, agent or employee thereof, to hinder, obstruct or prevent, or attempt to hinder, obstruct or prevent, the State Sealer of Consumer Equitability, or the appointees thereof, or any member of the Nevada Highway Patrol, the performance of his or her duties described in this section, including, without limitation, refusing to permit, during regular business hours, the State Sealer of Consumer Equitability, or the appointees thereof, or any member of the Nevada Highway Patrol, access to property or equipment in this State.
12. As used in this section, bulk storage facility means a facility that is used to temporarily store a petroleum product or motor vehicle fuel in bulk before distribution of the petroleum product or motor vehicle fuel to retail, commercial or consumer outlets.
Sec. 9. NRS 590.105 is hereby amended to read as follows:
590.105 For the purpose of testing petroleum products or motor vehicle fuel as provided in NRS 590.010 to 590.150, inclusive, and section 1 of this act, the ASTM [-IP] Petroleum Measurement Tables [, American Edition,] must be used for gravity and volume conversion and temperature correction of 60°F.
Sec. 10. NRS 590.120 is hereby amended to read as follows:
590.120 1. Every person, or any officer, agent or employee thereof, shipping or transporting any motor vehicle fuel or lubricating oil into this State for sale or consignment, or with intent to sell or consign the same, shall pay to the Department of Motor Vehicles an inspection fee of 0.055 of a cent per gallon for every gallon of motor vehicle fuel or lubricating oil so shipped or transported into the State, or that is held for sale within this State. This section does not require the payment of an inspection fee on any shipment or consignment of motor vehicle fuel or lubricating oil when the inspection fee has been paid.
2. The inspection fees collected pursuant to the provisions of subsection 1, together with any penalties and interest collected thereon, must be transferred quarterly to the account in the State General Fund created pursuant to NRS 561.412 for the use of the State Department of Agriculture.
3. On or before the last day of each calendar month, every person, or any officer, agent or employee thereof, required to pay the inspection fee described in subsection 1 shall send to the Department of Motor Vehicles a correct report of the motor vehicle fuel or oil volumes for the preceding month. The report must include a list of distributors or retailers distributing or selling the products and must be accompanied by the required fees.
4. Failure to send the report and remittance as specified in subsections 1 and 3 is a violation of NRS 590.010 to 590.150, inclusive, and section 1 of this act and is punishable as provided in NRS 590.150.
5. The provisions of this section must be carried out in the manner prescribed in chapters 360A and 365 of NRS.
κ2021 Statutes of Nevada, Page 144 (CHAPTER 32, AB 31)κ
6. All expenses incurred by the Department of Motor Vehicles in carrying out the provisions of this section are a charge against the account created pursuant to NRS 561.412.
7. For the purposes of this section, motor vehicle fuel does not include diesel fuel, burner fuel or kerosene.
Sec. 11. NRS 590.140 is hereby amended to read as follows:
590.140 The district attorney of each county shall prosecute all violations of the provisions of NRS 590.010 to 590.150, inclusive, and section 1 of this act occurring within the county.
Sec. 12. NRS 590.150 is hereby amended to read as follows:
590.150 1. Any person, or any officer, agent or employee thereof, who violates any of the provisions of NRS 590.010 to 590.140, inclusive, and section 1 of this act is guilty of a misdemeanor.
2. Each such person, or any officer, agent or employee thereof, is guilty of a separate offense for each day during any portion of which any violation of any provision of NRS 590.010 to 590.140, inclusive, and section 1 of this act is committed, continued or permitted by such person, or any officer, agent or employee thereof, and shall be punished as provided in this section.
3. The selling and delivery of any petroleum product or motor vehicle fuel mentioned in NRS 590.010 to 590.140, inclusive, and section 1 of this act is prima facie evidence of the representation on the part of the vendor that the quality sold and delivered was the quality bought by the vendee.
Sec. 13. NRS 561.385 is hereby amended to read as follows:
561.385 1. The Agriculture Registration and Enforcement Account is hereby created in the State General Fund for the use of the Department.
2. The following fees must be deposited in the Agriculture Registration and Enforcement Account:
(a) Except as otherwise provided in NRS 586.270 and 586.940, fees collected pursuant to the provisions of chapter 586 of NRS.
(b) Fees collected pursuant to the provisions of chapter 588 of NRS.
(c) Fees collected pursuant to the provisions of NRS 590.340 to 590.450, inclusive.
(d) Laboratory fees collected for the testing of pesticides as authorized by NRS 561.305, and as are necessary pursuant to the provisions of NRS 555.2605 to 555.460, inclusive, and, except as otherwise provided in NRS 586.270 and 586.940, chapter 586 of NRS.
(e) Laboratory fees collected for the analysis and testing of commercial fertilizers and agricultural minerals, as authorized by NRS 561.305, and as are necessary pursuant to the provisions of chapter 588 of NRS.
(f) Laboratory fees collected for the analysis and testing of petroleum products or motor vehicle fuel, as authorized by NRS 561.305, and as are necessary pursuant to the provisions of NRS 590.010 to 590.150, inclusive [.] , and section 1 of this act.
(g) Laboratory fees collected for the analysis and testing of antifreeze, as authorized by NRS 561.305, and as are necessary pursuant to the provisions of NRS 590.340 to 590.450, inclusive.
3. Expenditures from the Agriculture Registration and Enforcement Account may be made to carry out the provisions of this chapter, NRS 555.2605 to 555.460, inclusive, or chapters 586, 588 and 590 of NRS or for any other purpose authorized by the Legislature.
κ2021 Statutes of Nevada, Page 145 (CHAPTER 32, AB 31)κ
Sec. 14. NRS 561.412 is hereby amended to read as follows:
561.412 1. In addition to the inspection fees and other money transferred pursuant to NRS 590.120, all fees and other money collected pursuant to the provisions of NRS 581.001 to 581.395, inclusive, and 582.001 to 582.210, inclusive, must be deposited in the State Treasury and credited to a separate account in the State General Fund for the use of the Department.
2. Expenditures from the account must be made only for carrying out the provisions of this chapter and chapters 581 and 582 of NRS and NRS 590.010 to 590.330, inclusive [.] , and section 1 of this act.
3. Money in the account does not lapse to the State General Fund at the end of a fiscal year. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.
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. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 15, 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 July 1, 2021, for all other purposes.
________
κ2021 Statutes of Nevada, Page 146κ
Assembly Bill No. 33Committee on Judiciary
CHAPTER 33
[Approved: May 21, 2021]
AN ACT relating to the protection of children; authorizing the paternity of a child to be legally established during a proceeding concerning the protection of the child; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth provisions concerning actions in which the paternity of a child may be legally established. (NRS 126.071-126.223) Existing law also authorizes the paternity of a child to be legally established during a proceeding concerning the support of a dependent child. (NRS 425.382-425.3852) Additionally, existing law establishes provisions relating to civil proceedings concerning the protection of children from abuse and neglect. (NRS 432B.410-432B.590) This bill authorizes the paternity of a child to be legally established during a civil proceeding concerning the protection of a child.
Existing law provides that a district court has jurisdiction of an action to determine parentage pursuant to chapter 126 of NRS and allows such an action to be joined with an action for divorce, annulment, separate maintenance or support. (NRS 126.091) Section 12.3 of this bill provides that such an action may also be joined with a civil proceeding concerning the protection of a child. Section 12 of this bill makes a conforming change to indicate that the parent and child relationship may be legally established in an action to establish paternity that is part of a civil proceeding concerning the protection of a child.
Existing law sets forth the content and effect of a judgment or order entered in an action to establish paternity. (NRS 126.161) Section 12.7 of this bill provides that such a judgment or order issued during a proceeding concerning the protection of a child: (1) is not subject to the provisions relating to the confidentiality of judgments or orders in a proceeding concerning the protection of a child; and (2) is a final order.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-11. (Deleted by amendment.)
Sec. 12. NRS 126.041 is hereby amended to read as follows:
126.041 The parent and child relationship between a child and:
1. A woman may be established by:
(a) Except as otherwise provided in NRS 126.710 to 126.810, inclusive, proof of her having given birth to the child;
(b) An adjudication of the womans maternity pursuant to this chapter, [or] NRS 125B.150 or 130.402 [;] or chapter 432B of NRS;
(c) Proof of adoption of the child by the woman;
(d) An unrebutted presumption of the womans maternity;
(e) The consent of the woman to assisted reproduction pursuant to NRS 126.670 and 126.680 which resulted in the birth of the child; or
κ2021 Statutes of Nevada, Page 147 (CHAPTER 33, AB 33)κ
(f) An adjudication confirming the woman as a parent of a child born to a gestational carrier if the gestational agreement is enforceable under the provisions of NRS 126.710 to 126.810, inclusive, or any other provision of law.
2. A man may be established:
(a) Under this chapter, NRS 125B.150, 130.402, or 425.382 to 425.3852, inclusive [;] , or chapter 432B of NRS;
(b) By proof of adoption of the child by the man;
(c) By the consent of the man to assisted reproduction pursuant to NRS 126.670 and 126.680 which resulted in the birth of the child; or
(d) By an adjudication confirming the man as a parent of a child born to a gestational carrier if the gestational agreement was validated pursuant to the provisions of NRS 126.710 to 126.810, inclusive, or other provision of law.
Sec. 12.3. NRS 126.091 is hereby amended to read as follows:
126.091 1. Each district court has jurisdiction of an action brought under this chapter. The action may be joined with [an] :
(a) An action for divorce, annulment, separate maintenance or support [.] ; or
(b) A proceeding held pursuant to chapter 432B of NRS. An action brought under this chapter that is joined with a proceeding held pursuant to chapter 432B of NRS may be initiated at any time during the proceeding by filing a petition within the proceeding.
2. A person who has sexual intercourse in this state thereby submits to the jurisdiction of the courts of this state as to an action brought under this chapter with respect to a child who may have been conceived by that act of intercourse. In addition to any other method provided by law, personal jurisdiction may be acquired by personal service of summons outside this state or by certified mail, restricted delivery, with return receipt requested.
3. The action may be brought in the county in which the child, the mother or the alleged father resides or is found or, if the father is deceased, in which proceedings for probate of the fathers estate have been or could be commenced. The court has jurisdiction whether or not the plaintiff resides in this state.
4. If an action to establish paternity is transferred from one judicial district in this state to another judicial district in this state, the district court to which the action is transferred shall not require the petitioner to file additional documents with the court or provide additional service of process upon the respondent to maintain jurisdiction over the parties.
Sec. 12.7. NRS 126.161 is hereby amended to read as follows:
126.161 1. A judgment or order of a court, or a judgment or order entered pursuant to an expedited process, determining the existence or nonexistence of the relationship of parent and child is determinative for all purposes.
2. If such a judgment or order of this State is at variance with the childs birth certificate, the judgment or order must direct that a new birth certificate be issued as provided in NRS 440.270 to 440.340, inclusive.
κ2021 Statutes of Nevada, Page 148 (CHAPTER 33, AB 33)κ
3. If the child is a minor, such a judgment or order of this State must provide for the childs support as required by chapter 125B of NRS and must include an order directing the withholding or assignment of income for the payment of the support unless:
(a) One of the parties demonstrates and good cause is found by the court, or pursuant to the expedited process, for the postponement of the withholding or assignment; or
(b) All parties otherwise agree in writing.
4. Such a judgment or order of this State may:
(a) Contain any other provision directed against the appropriate party to the proceeding, concerning the duty of support, the custody and guardianship of the child, visitation with the child, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child.
(b) Direct the father to pay the reasonable expenses of the mothers pregnancy and confinement. The court may limit the fathers liability for past support of the child to the proportion of the expenses already incurred which the court deems just.
5. A court that enters such a judgment or order shall ensure that the social security numbers of the mother and father are:
(a) Provided to the Division of Welfare and Supportive Services of the Department of Health and Human Services.
(b) Placed in the records relating to the matter and, except as otherwise required to carry out a specific statute, maintained in a confidential manner.
6. A judgment or order issued pursuant to this chapter within a proceeding held pursuant to chapter 432B of NRS:
(a) Is not subject to the provisions relating to the confidentiality of judgments or orders set forth in chapter 432B of NRS; and
(b) Is a final order.
7. As used in this section, expedited process means a voluntary acknowledgment of paternity developed by the State Board of Health pursuant to NRS 440.283, a voluntary acknowledgment of parentage developed by the State Board of Health pursuant to NRS 440.285, judicial procedure or an administrative procedure established by this or another state, as that term is defined in NRS 130.10179, to facilitate the collection of an obligation for the support of a child.
Secs. 13-15. (Deleted by amendment.)
________
κ2021 Statutes of Nevada, Page 149κ
Assembly Bill No. 34Committee on Natural Resources
CHAPTER 34
[Approved: May 21, 2021]
AN ACT relating to pest control; defining the term control as it applies to the control of noxious weeds by the owner or operator of land; authorizing the Director of the State Department of Agriculture to adopt regulations that establish and administer a program to certify certain agricultural products as being free from propagative parts from which noxious weeds may grow; authorizing certain notices to be delivered by electronic mail; exempting certain businesses that sell nursery stock only to the public exclusively via the Internet from certain licensure requirements; revising the prohibition against engaging in certain activities involving pest control without a license; revising provisions governing the certification of persons to apply or supervise the application of restricted-use pesticides; and providing other matters properly relating thereto.
Legislative Counsels Digest:
During the 2015 Legislative Session, Assembly Bill No. 77 replaced references to the cutting, eradication, removal or destruction of weeds with the term control. (Chapter 526, Statutes of Nevada 2015, at page 3588) Section 1.5 of this bill defines control to mean the cutting, destruction or eradication of established noxious weed populations to prevent: (1) the spread, maturation and dispersal of any propagative part of the noxious weed; and (2) the reproduction and spread of such noxious weeds.
Existing law authorizes the Director of the State Department of Agriculture to, by regulation, establish and administer a program to certify agricultural products as being free from noxious weeds to: (1) support the control and prevention of the spread of noxious weeds in this State; and (2) allow businesses in this State to market such agricultural products as being in compliance with any applicable federal law or regulation or any other requirement specified by the Director. (NRS 555.010) Sections 1.5 and 2 of this bill expand the program by authorizing the Director to adopt such regulations to certify agricultural products as being free from any propagative parts from which a noxious weed may grow. Section 2 additionally expands the purposes of the program to include allowing businesses in this State to market agricultural products as being in compliance with the guidelines set forth by the North American Invasive Species Management Association, in addition to applicable federal law or regulation or any other requirement specified by the Director.
Existing law authorizes the Department to provide a written notice of its finding that an area is infested with certain pests, noxious weeds or plant diseases to the owner or occupant of the area. (NRS 555.100) Existing law also authorizes the State Quarantine Officer to serve notice on the owner or occupant of land where noxious weeds are found. (NRS 555.160) Sections 3 and 4 of this bill authorize such notices to be served by electronic mail.
Existing law requires a person who is a dealer of nursery stock to obtain a license from the Director to engage in such business. Existing law exempts a business that is licensed by another state that sells nursery stock only to the public exclusively by catalog from the licensing requirement. (NRS 555.236) Section 5 of this bill expands this exemption to a business that is licensed by another state that sells nursery stock only to the public exclusively via the Internet.
κ2021 Statutes of Nevada, Page 150 (CHAPTER 34, AB 34)κ
Existing law prohibits a natural person from engaging in pest control or serving as an agent, operator, pilot, primary principal, location principal or principal for pest control within this State at any time without a license as an applicator issued by the Director. (NRS 555.280) Section 15 of this bill applies this prohibition only to such activities engaged in for hire or for profit without a license. Section 15 additionally prohibits a natural person or business entity from operating as a pest control business for hire or for profit within this State at any time without a business license issued by the Director.
Section 25 of this bill eliminates provisions of existing law providing for the certification of a governmental agency to engage in pest control and the licensure of an employee of such an agency to engage in pest control in the course and scope of his or her employment. (NRS 555.2642, 555.2643, 555.2688, 555.2771-555.2775) Sections 6-8, 14 and 16-19 of this bill instead provide for the certification of employees of a government agency who engage in pest control as non-private applicators in the same manner as other applicators of pesticides are certified.
Sections 1, 9, 11, 13, 20, 22 and 23 of this bill replace references to certified applicators, who are authorized to apply or supervise the application of restricted-use pesticides, with references to authorized commercial applicators, certified non-private applicators, and private applicators, which are the categories of persons authorized to apply or supervise the application of such pesticides. Section 5.5 of this bill makes a conforming change to indicate the proper placement of section 1 of this bill in the Nevada Revised Statutes.
Section 12 of this bill provides that a restricted-use pesticide is a certain type of pesticide that has been classified for restricted use in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act.
Section 18 of this bill authorizes the Director to investigate any loss or damage resulting from the application of any pesticide by a commercial applicator or authorized commercial applicator.
Section 19 of this bill authorizes the Director to take disciplinary action against a person licensed to engage in pest control who fails to provide adequate instruction or supervision to an unlicensed applicator working under the licensees supervision.
Section 20 of this bill provides that a person licensed as a commercial applicator and authorized to engage in pest control is authorized to use or supervise the use of restricted-use pesticides without obtaining a certificate if the licensee complies with certain requirements.
Section 21 of this bill requires an applicant for a certificate to use a restricted-use pesticide to demonstrate that he or she satisfies the standards set forth in applicable federal regulations if the applicant is applying to be certified as a non-private applicator or private applicator.
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 555 of NRS is hereby amended by adding thereto a new section to read as follows:
Authorized commercial applicator means an applicator who for hire or for profit is licensed to apply or supervise the application of any general-use pesticide and who is authorized to apply or supervise the application of any restricted-use pesticide pursuant to NRS 555.351.
Sec. 1.5. NRS 555.005 is hereby amended to read as follows:
555.005 As used in this chapter, unless the context requires otherwise:
1. Control means to cut, destroy or eradicate established noxious weed populations in order to prevent:
κ2021 Statutes of Nevada, Page 151 (CHAPTER 34, AB 34)κ
(a) The spread, maturation and dispersal of any propagative part of the noxious weed; and
(b) The reproduction and spread of the noxious weed.
2. Department means the State Department of Agriculture.
[2.] 3. Director means the Director of the Department.
[3.] 4. Noxious weed means any species of plant which is, or is likely to be, a public nuisance, detrimental or destructive and difficult to control.
[4.] 5. Pest means any form of animal or vegetable life detrimental to the crops, horticulture, livestock, public health, wildlife, quality of water and beneficial uses of land in this State, including, without limitation, any insect, snail, nematode, fungus, virus, bacterium, microorganism, mycoplasma, weed, parasitic plant or any other plant that is normally considered to be a pest of cultivated plants, uncultivated plants, agricultural commodities, horticultural products or nursery stock, or that the Director declares to be a pest.
[5.] 6. Propagative part means any seed, cutting or other plant part from which a noxious weed can grow.
7. Vertebrate pest means any animal of the subphylum Vertebrata, except predatory animals, which is normally considered to be a pest, including a gopher, ground squirrel, rat, mouse, starling, blackbird and any other animal which the Director may declare to be a pest.
Sec. 2. NRS 555.010 is hereby amended to read as follows:
555.010 Within the limits of any appropriation made by law:
1. The Director may:
(a) Investigate the prevalence of; and
(b) Take the necessary action to control,
Κ vertebrate and invertebrate pests of plants and animals, plant diseases, physiological plant disorders and noxious weeds for the protection of the crops, livestock, public health, wildlife, water quality and beneficial uses of land in the State of Nevada.
2. The Director may, by regulation, establish and administer a program to certify agricultural products as being free from noxious weeds and any propagative parts to support the control and prevention of the spread of noxious weeds in this State and to allow businesses in this State to market those products in compliance with the guidelines set forth by the North American Invasive Species Management Association, any applicable federal law or regulation or any other requirement specified by the Director.
Sec. 3. NRS 555.100 is hereby amended to read as follows:
555.100 1. The Department shall, if necessary or if a complaint is made to the Department, cause an inspection to be conducted of any premises, land, means of conveyance or article of any person in this State if it is found to be infested with any pest, noxious weed or plant disease that is injurious to:
(a) The public health or quality of any water in this State; or
(b) Any wildlife, beneficial use of land or agriculture in this State.
2. The Department may provide a written notice of its findings to the owner or occupant of the premises, land, means of conveyance or article and require the owner or occupant to control the pest, noxious weed or plant disease in the manner and within the period specified in the notice.
3. A notice issued pursuant to the provisions of subsection 2:
κ2021 Statutes of Nevada, Page 152 (CHAPTER 34, AB 34)κ
(a) May be served upon the owner or occupant by an officer or employee of the Department; and
(b) Must be served in writing, by certified mail , by electronic mail or personally, with receipt given therefor.
Sec. 4. NRS 555.160 is hereby amended to read as follows:
555.160 1. The State Quarantine Officer shall make or cause to be made a careful examination and investigation of the spread, development and growth of noxious weeds in this State. Upon the discovery of those weeds, the State Quarantine Officer shall ascertain the name of the owner or occupant of the land and the description of the land where the weeds are found. The State Quarantine Officer may serve notice in writing upon the owner or occupant of the land to control the weeds within such time and in such manner as designated and described in the notice. One such notice shall be deemed sufficient for the entire season of weed growth during that year.
2. Notices may be served upon the owner or occupant by an officer or employee of the Department, and must be served in writing, personally or by certified mail [,] or electronic mail, with receipt given therefor.
Sec. 5. NRS 555.236 is hereby amended to read as follows:
555.236 1. Except as otherwise provided in this section, a person who engages in the commercial production, holding, distribution, collection or selling of nursery stock must obtain a license from the Director, except:
(a) Retail florists or other persons who sell potted, ornamental plants intended for indoor decorative purposes.
(b) A person not engaged in the nursery or landscaping business who raises nursery stock as a hobby in this State from which the person makes occasional sales, if the person does not advertise or solicit for the sale of that nursery stock.
(c) Persons engaged in agriculture and field-growing vegetable plants intended for sale for use in agricultural production.
(d) At the discretion of the Director, persons selling vegetable bulbs or flower bulbs, including, without limitation, onion sets, tulip bulbs and similar bulbs.
(e) A business licensed by another state that sells nursery stock only to:
(1) A licensed dealer of nursery stock in this State; or
(2) The public exclusively by catalog [.] or via the Internet.
(f) A garden club or charitable nonprofit association conducting sales of nursery stock, provided that the garden club or nonprofit association has applied for and received a permit from the Director to conduct such sales. The Department shall not charge a fee for such a permit.
(g) A state or local governmental entity, including a conservation district. The Department may inspect any plant materials held, distributed, collected or sold by such an entity.
2. The Director may waive the requirements relating to licensing set forth in NRS 555.235 to 555.249, inclusive, for a person otherwise required to obtain a license pursuant to this section if the person only has occasional sales of nursery stock to the ultimate customer. To obtain a waiver pursuant to this subsection, the person must:
(a) Submit to the Department a completed application for a license to engage in the business of a dealer of nursery stock that includes sufficient information to demonstrate that the person qualifies for a waiver pursuant to this subsection; and
κ2021 Statutes of Nevada, Page 153 (CHAPTER 34, AB 34)κ
(b) Submit to the Director a notarized affidavit on a form provided by the Department attesting that all information furnished in the completed application is true.
Κ A completed application submitted to the Department pursuant to this section need not be accompanied by the fee required by NRS 555.238. A waiver issued pursuant to this subsection may be revoked at any time and must be renewed annually.
3. Persons, state agencies or political subdivisions exempt from the licensing requirements:
(a) Shall conduct their businesses in accordance with pest regulations and grades and standards for nursery stock as established by the Director.
(b) Shall register annually, on or before July 1, with the Department, the location, size and type of nursery stock being sold or produced.
4. As used in this section, occasional sales means sales of nursery stock in a gross annual amount that is less than $1,000.
Sec. 5.5. NRS 555.2605 is hereby amended to read as follows:
555.2605 As used in NRS 555.2605 to 555.460, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 555.261 to 555.2695, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.
Sec. 6. NRS 555.26155 is hereby amended to read as follows:
555.26155 Applicator means a natural person , including, without limitation, a natural person who is employed by a city, county, state or other governmental agency, who [engages in pest control. The term does not include a government applicator.] applies or supervises the application of any pesticide.
Sec. 7. NRS 555.2617 is hereby amended to read as follows:
555.2617 Certificate means a certificate of competency issued by the Director to a [commercial applicator] non-private applicator or private applicator authorizing the applicator to [make application of] purchase, use or [to] supervise the [application] use of a restricted-use pesticide.
Sec. 8. NRS 555.2618 is hereby amended to read as follows:
555.2618 [Certified] Non-private applicator means [any] :
1. A natural person who is employed by a city, county, state or other governmental agency, including, without limitation, a conservation district or a weed control district, who:
(a) Is licensed to apply or supervise the application of any general-use pesticide; or
(b) Is licensed to apply or supervise the application of any general-use pesticide and is certified to apply or supervise the application of any restricted-use pesticide; or
2. An applicator who is certified [by the Director as qualified to use or to supervise the use] and who applies or supervises the application of any restricted-use pesticide [.] and does not qualify as a private applicator under NRS 555.2681.
Sec. 9. NRS 555.2619 is hereby amended to read as follows:
555.2619 Commercial applicator means [a certified] an applicator who [applies or supervises] is licensed to apply or supervise the application of any [restricted-use pesticide and does not qualify as a private applicator under NRS 555.2681.] general-use pesticide for hire or for profit.
κ2021 Statutes of Nevada, Page 154 (CHAPTER 34, AB 34)κ
Sec. 10. NRS 555.2667 is hereby amended to read as follows:
555.2667 Pest control means [conducting as a function of the agency, in the case of a city, county, state or other governmental agency, or] publicly holding oneself out as being in the business of detecting, preventing, controlling or exterminating pests or otherwise engaging in, advertising or soliciting for:
1. The use of pesticides or mechanical devices for the extermination, control or prevention of infestations of pests.
2. The inspection of households or other structures and the submission of reports of inspection, estimates or bids, written or oral, for the inspection, extermination, control or prevention of wood-destroying pests.
Sec. 11. NRS 555.2681 is hereby amended to read as follows:
555.2681 Private applicator means [a certified] an applicator who [uses or supervises the use] is certified to apply or supervise the application of any restricted-use pesticide for purposes of producing any agricultural commodity on property owned or rented by the [certified] applicator or the [certified] applicators employer or on the property of the [certified] applicators neighbors if applied without compensation other than trading of personal services between producers of agricultural commodities.
Sec. 12. NRS 555.2683 is hereby amended to read as follows:
555.2683 Restricted-use pesticide means any pesticide, including any highly toxic pesticide, which:
1. The Director has found and determined, after a hearing, to be:
(a) Injurious to persons, pollinating insects, bees, animals, crops or land, other than pests or vegetation it is intended to prevent, destroy, control or mitigate; or
(b) Detrimental to:
(1) Vegetation, except weeds;
(2) Wildlife; or
(3) Public health and safety; or
2. Has been classified for restricted use [by or under the supervision of a certified applicator] in accordance with the Federal [Environmental Pesticide Control] Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§ 136 et seq.
Sec. 13. NRS 555.2687 is hereby amended to read as follows:
555.2687 Supervision of the application of a restricted-use pesticide by [a certified] an authorized commercial applicator, certified non-private applicator or private applicator must be defined by regulation of the Director.
Sec. 14. NRS 555.273 is hereby amended to read as follows:
555.273 All state agencies, municipal corporations and public utilities or any other governmental agency [and any government applicator is] are subject to the provisions of NRS 555.2605 to 555.460, inclusive, and rules adopted thereunder concerning the application of restricted-use pesticides by any person.
Sec. 15. NRS 555.280 is hereby amended to read as follows:
555.280 1. A natural person, including, without limitation, any consultant, demonstrator, researcher or specialist, shall not engage , for hire or for profit, in pest control or serve as an agent, operator, pilot, primary principal, location principal or principal for that purpose within this State at any time without a license as an applicator issued by the Director.
κ2021 Statutes of Nevada, Page 155 (CHAPTER 34, AB 34)κ
2. A natural person or business entity shall not operate, for hire or for profit, as a pest control business within this State at any time without a business license issued by the Director.
Sec. 16. NRS 555.305 is hereby amended to read as follows:
555.305 1. The Director shall develop and implement a process by which a person with a criminal history may petition the Director to review the criminal history of the person to determine if the persons criminal history will disqualify the person from obtaining [a license as a government applicator pursuant to NRS 555.2772 or] a business license or license as an applicator pursuant to NRS 555.290.
2. Not later than 90 days after a petition is submitted to the Director pursuant to subsection 1, the Director shall inform the person of the determination of the Director of whether the persons criminal history will disqualify the person from obtaining a license. The Director is not bound by his or her determination of disqualification or qualification and may rescind such a determination at any time.
3. The Director may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.
4. A person with a criminal history may petition the Director at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license from the Director.
5. A person may submit a new petition to the Director not earlier than 2 years after the final determination of the initial petition submitted to the Director.
6. The Director may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Director may waive such fees or allow such fees to be covered by funds from a scholarship or grant.
7. The Director may post on the Internet website of the Department:
(a) The requirements to obtain a license from the Director; and
(b) A list of crimes, if any, that would disqualify a person from obtaining a license from the Director.
8. The Director may request the criminal history record of a person who petitions the Director for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Director makes such a request of a person, the Director shall require the person to submit his or her criminal history record which includes a report from:
(a) The Central Repository for Nevada Records of Criminal History; and
(b) The Federal Bureau of Investigation.
9. A person who petitions the Director for a determination pursuant to subsection 1 shall not submit false or misleading information to the Director.
10. The Director of the State Department of Agriculture shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:
(a) The number of petitions submitted to the Director of the State Department of Agriculture pursuant to subsection 1;
(b) The number of determinations of disqualification made by the Director of the State Department of Agriculture pursuant to subsection 1;
κ2021 Statutes of Nevada, Page 156 (CHAPTER 34, AB 34)κ
(c) The reasons for such determinations; and
(d) Any other information that is requested by the Director of the Legislative Counsel Bureau or which the Director of the State Department of Agriculture determines would be helpful.
11. The Director of the Legislative Counsel Bureau shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.
Sec. 17. NRS 555.310 is hereby amended to read as follows:
555.310 1. The Director shall collect from each person applying for examination or reexamination a testing fee established by regulation of the Director.
2. The Director shall, before the license or certificate is issued, collect from each person applying for a business license [, governmental agency certificate] or license as an applicator [or government applicator] a fee established by regulation of the Director. Any person employing primary principals, location principals, principals, operators or agents shall pay to the Director a fee established by regulation of the Director for each primary principal, location principal, principal, operator or agent licensed.
Sec. 18. NRS 555.330 is hereby amended to read as follows:
555.330 1. The Director shall require from each applicant for a business license proof of public liability and property damage insurance in an amount of:
(a) Except as otherwise provided in paragraph (b), not less than $50,000.
(b) If the business license would authorize the application of pesticides by aircraft:
(1) Not less than $100,000 for bodily injury to or death of one person in any one accident;
(2) Subject to the limit for one person, not less than $300,000 for bodily injury to or death of two or more persons in any one accident; and
(3) Not less than $100,000 for each occurrence of damage to property in any one accident.
Κ The Director may accept a liability insurance policy or surety bond in the proper amount.
2. The Director may require drift insurance for the use of pesticides or other materials declared hazardous or dangerous to humans, livestock, wildlife, crops or plantlife.
3. Any person injured by the breach of any such obligation is entitled to sue in his or her own name in any court of competent jurisdiction to recover the damages the person sustained by that breach, if each claim is made within 6 months after the alleged injury.
4. The Director on his or her own motion may, or upon receipt of a verified complaint of an interested person shall, investigate, as he or she deems necessary, any loss or damage resulting from the application of any pesticide by a licensed applicator, [licensed government] commercial applicator, authorized commercial applicator, licensed pest control operator, primary principal, location principal or principal. A verified complaint of loss or damage must be filed within 60 days after the time that the occurrence of the loss or damage becomes known except that, if a growing crop is alleged to have been damaged, the verified complaint must be filed before 50 percent of the crop has been harvested.
κ2021 Statutes of Nevada, Page 157 (CHAPTER 34, AB 34)κ
before 50 percent of the crop has been harvested. A report of investigations resulting from a verified complaint must be furnished to the person who filed the complaint.
Sec. 19. NRS 555.350 is hereby amended to read as follows:
555.350 1. The Director may suspend, pending inquiry, for not longer than 10 days, and, after opportunity for a hearing, may revoke, suspend or modify any business license or license issued to an applicator [or government applicator] under NRS 555.2605 to 555.460, inclusive, if the Director finds that:
(a) The licensee is no longer qualified;
(b) The licensee has engaged in fraudulent business practices in pest control;
(c) The licensee has made false or fraudulent claims through any media by misrepresenting the effect of materials or methods to be used;
(d) The licensee has applied known ineffective or improper materials;
(e) The licensee has operated faulty or unsafe equipment;
(f) The licensee has made any application of materials in a manner inconsistent with labeling or any restriction imposed by regulation of the Director, or otherwise in a faulty, careless or negligent manner;
(g) The licensee has violated any of the provisions of NRS 555.2605 to 555.460, inclusive, or regulations adopted pursuant thereto;
(h) The licensee has engaged in the business of pest control without having a licensed agent, operator, primary principal or principal in direct on-the-job supervision;
(i) The licensee has aided or abetted a licensed or an unlicensed person to evade the provisions of NRS 555.2605 to 555.460, inclusive, combined or conspired with such a licensee or an unlicensed person to evade the provisions, or allowed the license to be used by an unlicensed person;
(j) The licensee was intentionally guilty of fraud or deception in the procurement of the license;
(k) The licensee was intentionally guilty of fraud, falsification or deception in the issuance of an inspection report on wood-destroying pests or other report or record required by regulation;
(l) The licensee has been convicted of, or entered a plea of nolo contendere to, a category A or B felony or a category C, D or E felony if the conviction occurred or the plea was entered for the category C, D or E felony during the immediately preceding 10 years in any court of competent jurisdiction in the United States or any other country; or
(m) The licensee has failed to provide adequate instruction or supervision to any unlicensed [employee] applicator working under the supervision of the licensee.
2. A business license and any license issued to a principal of the business as an applicator is suspended automatically, without action of the Director, if the proof of public liability and property damage or drift insurance filed pursuant to NRS 555.330 is cancelled, and the licenses remain suspended until the insurance is re-established.
3. If the licensee is a natural person, any licensee against whom the Director initiates disciplinary action pursuant to this section shall, within 30 days after receiving written notice of the disciplinary action from the Director and in accordance with any regulations adopted by the Department, submit to the Director any document or other information required by the Department to perform a background check of the licensee. Any document or other information submitted pursuant to this subsection must be accompanied by the appropriate fees, if any, specified in regulations adopted by the Department for performing the background check.
κ2021 Statutes of Nevada, Page 158 (CHAPTER 34, AB 34)κ
other information submitted pursuant to this subsection must be accompanied by the appropriate fees, if any, specified in regulations adopted by the Department for performing the background check. A willful failure of a licensee to comply with the requirements of this subsection constitutes an additional ground for the revocation, suspension or modification of the license pursuant to this section.
Sec. 20. NRS 555.351 is hereby amended to read as follows:
555.351 1. Except as otherwise provided in [NRS 555.2775:
1. A] subsection 3, a person shall not use any restricted-use pesticide within this State at any time without a certificate issued by the Director except a person using any restricted-use pesticide under the supervision of [a certified] an authorized commercial applicator who complies with the provisions of subsection 3, certified non-private applicator or private applicator.
2. If the Director has adopted regulations requiring:
(a) A permit pursuant to NRS 586.403; or
(b) A special use permit pursuant to NRS 586.405,
Κ for a restricted-use pesticide, a person shall not use that pesticide without obtaining the required permit.
3. A person licensed as a commercial applicator and authorized to engage in pest control is authorized to use or supervise the use of a restricted-use pesticide without obtaining a certificate issued by the Director pursuant to NRS 555.357, if the person:
(a) Demonstrates that he or she satisfies the standards set forth in 40 C.F.R. § 171.103; and
(b) Otherwise complies with the provisions of this chapter and any regulations adopted pursuant to this chapter governing the use of restricted-use pesticides.
Sec. 21. NRS 555.355 is hereby amended to read as follows:
555.355 1. The Director may require the applicant to show, upon examination, that the applicant possesses adequate knowledge concerning the proper use and application of restricted-use pesticides and the dangers involved and precautions to be taken in connection with the application of those pesticides . [, including, but not limited to, the following areas:
(a) Label and labeling comprehension.
(b) Environmental consequences of pesticide use and misuse.
(c) Pests.
(d) Pesticides.
(e) Equipment.
(f) Application techniques.
(g) Laws and regulations.
(h) Safety.]
2. In addition, the Director may require the applicant to meet special qualifications of competency to meet the special needs of a given locality regarding the use or application of a specific restricted-use pesticide.
3. The Director shall require an applicant to demonstrate:
(a) If the applicant is applying to be certified as a non-private applicator, that he or she satisfies the standards set forth in 40 C.F.R. § 171.103.
(b) If the applicant is applying to be certified as a private applicator, that he or she satisfies the standards set forth in 40 C.F.R. § 171.105.
κ2021 Statutes of Nevada, Page 159 (CHAPTER 34, AB 34)κ
4. The Director shall collect from each person applying for an examination or reexamination, in connection with the issuance of a certificate, a testing fee established by regulation of the State Board of Agriculture for any one examination period.
Sec. 22. NRS 555.359 is hereby amended to read as follows:
555.359 The Director may deny or suspend, pending inquiry, for not longer than 10 days, and, after opportunity for a hearing, may deny, revoke, suspend or modify any certificate issued under the provisions of NRS 555.351 to 555.357, inclusive, if the Director finds that the applicant or the [certified] authorized commercial applicator, certified non-private applicator or private applicator:
1. Is no longer qualified;
2. Has applied known ineffective or improper materials;
3. Has applied materials inconsistent with labeling or other restrictions imposed by the Director;
4. Has operated faulty or unsafe equipment;
5. Has made any application in a faulty, careless or negligent manner;
6. Aided or abetted an uncertified person to evade the provisions of NRS 555.351 to 555.357, inclusive, combined or conspired with an uncertified person to evade those provisions, or allowed ones certificate to be used by an uncertified person;
7. Was guilty of fraud or deception in the procurement of the certificate;
8. Has deliberately falsified any record or report;
9. Has violated any of the provisions of NRS 555.351 to 555.357, inclusive, 555.390 or any regulation adopted pursuant thereto; or
10. Has failed or neglected to give adequate instruction or direction to an uncertified person working under his or her supervision.
Sec. 23. NRS 555.390 is hereby amended to read as follows:
555.390 1. The Director may, by regulation, require any licensee or non-private applicator to maintain such records and furnish reports giving such information with respect to particular applications of pesticides and such other relevant information as the Director may deem necessary.
2. The Director may, by regulation, require any [certified] authorized commercial applicator, certified non-private applicator or private applicator to maintain such records and furnish reports giving such information with respect to application of restricted-use pesticides and such other relevant information as the Director may deem necessary.
Sec. 24. A person who, on the effective date of this act, is the holder of a valid license as a government applicator issued pursuant to NRS 555.2775, as that section existed before the effective date of this act, who is otherwise qualified to hold such a license on that date and who uses restricted-use pesticide in compliance with NRS 555.2775, as that section existed before the effective date of this act, shall be deemed to hold a certificate to use restricted-use pesticides issued pursuant to NRS 555.357 until his or her license as a government applicator expires or is revoked, whichever occurs first.
Sec. 25. NRS 555.2642, 555.2643, 555.2688, 555.2771, 555.2772, 555.2773, 555.2774 and 555.2775 are hereby repealed.
Sec. 26. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 160κ
Assembly Bill No. 43Committee on Judiciary
CHAPTER 35
[Approved: May 21, 2021]
AN ACT relating to the judiciary; requesting that the Nevada Supreme Court study and make recommendations concerning the Commission on Judicial Discipline and compile certain statistics for consideration by the Legislature; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the Commission on Judicial Discipline has exclusive jurisdiction over the public censure, removal, involuntary retirement and other discipline of judges in this State. (Nev. Const. Art. 6, § 21; NRS 1.440) The Nevada Constitution also requires the Commission to adopt rules of procedure for the conduct of its hearings and any other procedural rules it deems necessary to carry out its duties. (Nev. Const. Art. 6, § 21) This bill: (1) requests that the Nevada Supreme Court study and make recommendations concerning the procedural and substantive statutes and rules of the Commission on Judicial Discipline; and (2) compile statistics, other than confidential statistics, relating to the work of the Commission for consideration by the Legislature.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-8. (Deleted by amendment.)
Sec. 9. The Legislature hereby respectfully requests that the Nevada Supreme Court:
1. Study and make recommendations concerning the procedural and substantive statutes and rules of the Commission on Judicial Discipline; and
2. Compile all statistics, other than confidential statistics, relating to the work of the Commission on Judicial Discipline for consideration by the Legislature.
________
κ2021 Statutes of Nevada, Page 161κ
Assembly Bill No. 54Committee on Growth and Infrastructure
CHAPTER 36
[Approved: May 21, 2021]
AN ACT relating to traffic safety; creating the Advisory Committee on Traffic Safety within the Department of Transportation; requiring the Advisory Committee to review, study and make recommendations regarding certain issues relating to traffic safety in this State and to prepare an annual report of its activities; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Department of Transportation and, in part, requires the Director of the Department to: (1) cause a general plan of the highways to be made and kept by the Department; and (2) collect information and compile statistics and maps relating to the mileage, traffic, character and condition of the highways. (NRS 408.106, 408.190) This bill creates the Advisory Committee on Traffic Safety within the Department of Transportation and establishes the membership of the Advisory Committee. This bill requires the Advisory Committee to review, study and make recommendations regarding: (1) evidence-based best practices for reducing or preventing deaths and injuries related to motor vehicle crashes on roadways in this State; (2) data on motor vehicle crashes resulting in death or serious bodily injury in this State; (3) policies intended to reduce or prevent deaths and injuries related to motor vehicle crashes on roadways in this State; and (4) any other submitted matter. This bill also requires the Advisory Committee to prepare and submit to the Governor and the Legislature an annual report concerning its activities. Finally, this bill authorizes the Advisory Committee to establish working groups, task forces and similar entities as necessary to assist in its work.
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 408 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Advisory Committee on Traffic Safety is hereby created in the Department. The Advisory Committee consists of the following voting members:
(a) The Director of the Department of Transportation or his or her designee;
(b) The Director of the Department of Health and Human Services or his or her designee;
(c) The Director of the Department of Motor Vehicles or his or her designee;
(d) The Director of the Department of Public Safety or his or her designee;
(e) The Superintendent of Public Instruction or his or her designee;
(f) One member who is a representative of the Department of Transportation, appointed by the Director of the Department of Transportation;
κ2021 Statutes of Nevada, Page 162 (CHAPTER 36, AB 54)κ
(g) One member who is a representative of the Department of Public Safety, appointed by the Director of the Department of Public Safety;
(h) One member appointed by the Speaker of the Assembly who is a member of the Assembly Standing Committee on Growth and Infrastructure during the current or immediately preceding regular session;
(i) One member appointed by the Majority Leader of the Senate who is a member of the Senate Standing Committee on Growth and Infrastructure during the current or immediately preceding regular session;
(j) One member who is a representative of the Administrative Office of the Courts, appointed by the Chief Justice of the Supreme Court of Nevada;
(k) One member who represents tribal governments in Nevada, appointed by the Inter-Tribal Council of Nevada, Inc., or its successor organization;
(l) Two members who are full- or part-time faculty members in the Nevada System of Higher Education and have expertise in traffic safety or trauma care, appointed by the Director of the Department of Transportation;
(m) One member appointed by each metropolitan planning organization to represent the appointing organization;
(n) One member appointed by the Nevada Association of Counties;
(o) One member appointed by the Nevada League of Cities; and
(p) One member who represents local law enforcement agencies, appointed by the Nevada Sheriffs and Chiefs Association.
2. The Director of the Department of Transportation may appoint as nonvoting members of the Advisory Committee such other persons as the Director deems appropriate.
3. The term of office of each member appointed to the Advisory Committee is 2 years. Such members may be reappointed for additional terms of 2 years in the same manner as the original appointments. Any vacancy occurring in the appointed voting membership of the Advisory Committee must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs.
4. The members of the Advisory Committee shall elect from their voting membership a Chair and a Vice Chair. The term of office of the Chair and the Vice Chair is 2 years. If a vacancy occurs in the office of Chair or Vice Chair, the members of the Advisory Committee shall elect a Chair or Vice Chair, as applicable, from among its voting members to serve for the remainder of the unexpired term.
5. The Advisory Committee shall meet at least once each calendar quarter and may meet at such further times as deemed necessary by the Chair.
6. A majority of the voting members of the Advisory Committee constitutes a quorum for the transaction of business. If a quorum is present, the affirmative vote of a majority of the voting members of the Advisory Committee present is sufficient for any official action taken by the Advisory Committee.
7. Each member of the Advisory Committee serves without compensation and is not entitled to receive a per diem allowance or travel expenses.
8. The Department shall provide administrative support to the Advisory Committee.
9. The Advisory Committee shall review, study and make recommendations regarding:
κ2021 Statutes of Nevada, Page 163 (CHAPTER 36, AB 54)κ
(a) Evidence-based best practices for reducing or preventing deaths and injuries related to motor vehicle crashes on roadways in this State;
(b) Data on motor vehicle crashes resulting in death or serious bodily injury in this State, including, without limitation, factors that cause such crashes and measures known to prevent such crashes;
(c) Policies intended to reduce or prevent deaths and injuries related to motor vehicle crashes on roadways in this State; and
(d) Any other matter submitted by the Chair.
10. The Advisory Committee shall prepare and submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature an annual report concerning the activities of the Advisory Committee that addresses, without limitation, any issue reviewed or studied and any recommendations made by the Advisory Committee pursuant to subsection 9.
11. The Advisory Committee may establish such working groups, task forces and similar entities from within or outside its membership as necessary to address specific issues or otherwise to assist in its work.
12. As used in this section, metropolitan planning organization means an entity that has been designated as a metropolitan planning organization pursuant to 23 U.S.C. § 134 and 49 U.S.C. § 5303.
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 on July 1, 2021.
________
Assembly Bill No. 60Committee on Judiciary
CHAPTER 37
[Approved: May 21, 2021]
AN ACT relating to witnesses; making provisions of a contract or settlement agreement that prohibit or restrict a party to the contract or settlement agreement from testifying at judicial or administrative proceedings concerning criminal conduct, sexual harassment, discrimination or retaliation void and unenforceable under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 1 of this bill provides that a provision of a contract or settlement agreement is void and unenforceable if the provision prohibits or restricts a party to the contract or settlement agreement from testifying at a judicial or administrative proceeding concerning another party to the contract or settlement agreement and his or her commission of criminal conduct, sexual harassment, discrimination based on race, religion, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status, age or sex, or retaliation for the reporting of such discrimination. Section 2 of this bill provides that such provisions are void and unenforceable if contained in a contract or settlement agreement entered into on or after the effective date of this bill. Section 1 does not apply to a settlement agreement that results from successful mediation or conciliation by the Nevada Equal Rights Commission within the Department of Employment, Training and Rehabilitation.
κ2021 Statutes of Nevada, Page 164 (CHAPTER 37, AB 60)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 50 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in NRS 233.190, a provision of a contract or settlement agreement is void and unenforceable if:
(a) The provision prohibits or otherwise restricts a party to the contract or settlement agreement from testifying at a judicial or administrative proceeding when the party has been required or requested to testify at the proceeding pursuant to:
(1) A court order;
(2) A lawful subpoena; or
(3) A written request by an administrative agency; and
(b) The judicial or administrative proceeding described in paragraph (a) concerns another party to the contract or settlement agreement and his or her commission of:
(1) A criminal offense;
(2) An act of sexual harassment, including, without limitation, repeated, unsolicited verbal or physical contact of a sexual nature that is threatening in character;
(3) An act of discrimination on the basis of race, religion, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status, age or sex by an employer or a landlord; or
(4) An act of retaliation by an employer or a landlord against another person for the reporting of discrimination on the basis of race, religion, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status, age or sex.
2. As used in this section:
(a) Employer has the meaning ascribed to it in NRS 33.220.
(b) Landlord means an owner of real property, or the owners representative, who provides a dwelling unit on the real property for occupancy by another for valuable consideration.
Sec. 2. This act applies to any contract or settlement agreement entered into on or after the effective date of this act.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 165κ
Assembly Bill No. 64Committee on Judiciary
CHAPTER 38
[Approved: May 21, 2021]
AN ACT relating to crimes; revising the jurisdiction for the prosecution of certain crimes; revising provisions concerning soliciting a child for prostitution; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law grants the Attorney General concurrent jurisdiction with the district attorneys of the counties in this State to prosecute a person for committing the crime of pandering, sex trafficking, living from the earnings of a prostitute or advancing prostitution. (NRS 201.345) Section 2.5 of this bill grants the Attorney General additional concurrent jurisdiction to prosecute a person for committing the crime of facilitating sex trafficking, engaging in prostitution or solicitation for prostitution. Section 2.5 also grants the Attorney General authority to charge related offenses if committed in the course of such crimes.
Existing law provides that a person is guilty of soliciting a child for prostitution if the person solicits: (1) a peace officer posing as a child; or (2) a person assisting a peace officer by posing as a child. (NRS 201.354) Section 3 of this bill provides that a person is guilty of soliciting a child for prostitution if the person solicits: (1) a child; (2) a peace officer who is posing as a child; or (3) a person who is assisting in an investigation on behalf of a peace officer by posing as a child.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1 and 2. (Deleted by amendment.)
Sec. 2.5. NRS 201.345 is hereby amended to read as follows:
201.345 1. The Attorney General has concurrent jurisdiction with the district attorneys of the counties in this State to prosecute any violation of NRS 201.300, 201.301, 201.320 , 201.354 or 201.395.
2. If the Attorney General charges a defendant pursuant to this section, the Attorney General may also charge related offenses if committed in the course of a violation of NRS 201.300, 201.301, 201.320, 201.354 or 201.395.
3. When acting pursuant to this section, the Attorney General may commence an investigation and file a criminal action without leave of court and the Attorney General has exclusive charge of the conduct of the prosecution.
Sec. 3. NRS 201.354 is hereby amended to read as follows:
201.354 1. It is unlawful for any person to engage in prostitution or solicitation therefor, except in a licensed house of prostitution.
2. Any person who violates subsection 1 by soliciting for prostitution:
(a) A [peace officer who is posing as a] child; [or]
(b) A peace officer who is posing as a child; or
(c) A person who is assisting in an investigation on behalf of a peace officer by posing as a child,
Κ is guilty of soliciting a child for prostitution.
κ2021 Statutes of Nevada, Page 166 (CHAPTER 38, AB 64)κ
3. A prostitute who violates subsection 1 is guilty of a misdemeanor. A peace officer who:
(a) Detains, but does not arrest or issue a citation to a prostitute for a violation of subsection 1 shall, before releasing the prostitute, provide information regarding and opportunities for connecting with social service agencies that may provide assistance to the prostitute. The Department of Health and Human Services shall assist law enforcement agencies in providing information regarding and opportunities for connecting with such social service agencies pursuant to this paragraph.
(b) Arrests or issues a citation to a prostitute for a violation of subsection 1 shall, before the prostitute is released from custody or cited:
(1) Inform the prostitute that he or she may be eligible for assignment to a preprosecution diversion program established pursuant to NRS 174.032; and
(2) Provide the information regarding and opportunities for connecting with social service agencies described in paragraph (a).
4. Except as otherwise provided in subsection 6, a customer who violates this section:
(a) For a first offense, is guilty of a misdemeanor and shall be punished as provided in NRS 193.150, and by a fine of not less than $400.
(b) For a second offense, is guilty of a gross misdemeanor and shall be punished as provided in NRS 193.140, and by a fine of not less than $800.
(c) For a third or subsequent offense, is guilty of a gross misdemeanor and shall be punished as provided in NRS 193.140, and by a fine of not less than $1,300.
5. In addition to any other penalty imposed, the court shall order a person who violates subsection 4 to pay a civil penalty of not less than $200 per offense. The civil penalty must be paid to the district attorney or city attorney of the jurisdiction in which the violation occurred. If the civil penalty imposed pursuant to this subsection:
(a) Is not within the persons present ability to pay, in lieu of paying the penalty, the court may allow the person to perform community service for a reasonable number of hours, the value of which would be commensurate with the civil penalty.
(b) Is not entirely within the persons present ability to pay, in lieu of paying the entire civil penalty, the court may allow the person to perform community service for a reasonable number of hours, the value of which would be commensurate with the amount of the reduction of the civil penalty.
6. A customer who violates this section by soliciting a child for prostitution:
(a) For a first offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130, and by a fine of not more than $5,000.
(b) For a second offense, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
(c) For a third or subsequent offense, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and maximum term of not more than 6 years, and may be further punished by a fine of not more than $15,000. The court shall not grant probation to or suspend the sentence of a person punished pursuant to this paragraph.
7. Any civil penalty collected by a district attorney or city attorney pursuant to subsection 5 must be deposited in the county or city treasury, as applicable, to be used for:
κ2021 Statutes of Nevada, Page 167 (CHAPTER 38, AB 64)κ
(a) The enforcement of this section; and
(b) Programs of treatment for persons who solicit prostitution which are certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.
Κ Not less than 50 percent of the money deposited in the county or city treasury, as applicable, pursuant to this subsection must be used for the enforcement of this section.
8. If a person who violates subsection 1 is ordered pursuant to NRS 4.373 or 5.055 to participate in a program for the treatment of persons who solicit prostitution, upon fulfillment of the terms and conditions of the program, the court may discharge the person and dismiss the proceedings against the person. If the court discharges the person and dismisses the proceedings against the person, a nonpublic record of the discharge and dismissal must be transmitted to and retained by the Division of Parole and Probation of the Department of Public Safety solely for the use of the courts in determining whether, in later proceedings, the person qualifies under this section for participation in a program of treatment for persons who solicit prostitution. Except as otherwise provided in this subsection, discharge and dismissal under this subsection is without adjudication of guilt and is not a conviction for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for a second or subsequent conviction or the setting of bail. Discharge and dismissal restores the person discharged, in the contemplation of the law, to the status occupied before the proceedings. The person may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge the proceedings in response to an inquiry made of the person for any purpose. Discharge and dismissal under this subsection may occur only once with respect to any person. A professional licensing board may consider a proceeding under this subsection in determining suitability for a license or liability to discipline for misconduct. Such a board is entitled for those purposes to a truthful answer from the applicant or licensee concerning any such proceeding with respect to the applicant or licensee.
9. Except as limited by subsection 10, if a person is discharged and the proceedings against the person are dismissed pursuant to subsection 8, the court shall, without a hearing, order sealed all documents, papers and exhibits in that persons record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the courts order. The court shall cause a copy of the order to be sent to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order.
10. A professional licensing board is entitled, for the purpose of determining suitability for a license or liability to discipline for misconduct, to inspect and to copy from a record sealed pursuant to this section.
11. If, at any time before the trial of a prostitute charged with a violation of subsection 1, the prosecuting attorney has reason to believe that the prostitute is a victim of sex trafficking, the prosecuting attorney shall dismiss the charge. As used in this subsection, sex trafficking means a violation of subsection 2 of NRS 201.300.
Sec. 4. (Deleted by amendment.)
________
κ2021 Statutes of Nevada, Page 168κ
Assembly Bill No. 72Committee on Natural Resources
CHAPTER 39
[Approved: May 21, 2021]
AN ACT relating to geographic names; revising provisions relating to the Nevada State Board on Geographic Names; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the Nevada State Board on Geographic Names is created to coordinate and approve geographic names within the State for official recommendation to the United States Board on Geographic Names. (NRS 327.110) The Nevada State Board on Geographic Names consists of 11 voting members, which include representatives from various state and federal agencies and the Inter-Tribal Council of Nevada, Inc. (NRS 327.120) Section 1 of this bill adds a representative of the Nevada Indian Commission to the membership of the Board.
Under existing law, the State Resident Cartographer is required to serve as the Executive Secretary of the Board, who is a nonvoting member. If there is not such a position, existing law requires the voting members of the Board to select the Executive Secretary. (NRS 327.120) Section 1 eliminates the requirement that the State Resident Cartographer serve as the Executive Secretary, and therefore, the voting members of the Board are required to select the Executive Secretary.
Existing law requires the designation of a Chair and Vice Chair of the Board from among its members. (NRS 327.130) Section 2 of this bill: (1) clarifies that the Chair and Vice Chair are designated from among the voting members of the Board; and (2) provides that the Vice Chair presides in the absence of the Chair.
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 327.120 is hereby amended to read as follows:
327.120 The Board consists of:
1. [One] Twelve voting members, which include one representative of each of the following agencies or organizations:
(a) Bureau of Mines and Geology of the State of Nevada.
(b) Faculty of the University of Nevada, Reno.
(c) Faculty of the University of Nevada, Las Vegas.
(d) Division of State Library, Archives and Public Records of the Department of Administration.
(e) Department of Transportation of the State.
(f) State Department of Conservation and Natural Resources.
(g) Nevada Historical Society.
(h) Nevada Indian Commission.
(i) United States Bureau of Land Management.
[(i)] (j) United States Forest Service.
[(j)] (k) United States National Park Service.
[(k)] (l) Inter-Tribal Council of Nevada, Inc., or its successor organization.
Κ Each agency or organization shall designate a representative and one alternative representative for this purpose.
κ2021 Statutes of Nevada, Page 169 (CHAPTER 39, AB 72)κ
2. An Executive Secretary who is a nonvoting member of the Board. The [State Resident Cartographer shall serve in this position. If there is not such a cartographer, the] voting members of the Board shall select the Executive Secretary.
Sec. 2. NRS 327.130 is hereby amended to read as follows:
327.130 1. The Board shall designate from among its voting members a Chair and a Vice Chair . [and] The Vice Chair presides in the absence of the Chair.
2. The Board shall adopt rules for its own management.
[2.] 3. A majority of the voting members of the Board constitutes a quorum for the transaction of business.
[3.] 4. The Board shall meet at such times and places as are specified by the Chair, but may not hold more than four meetings in any 1 year.
[4.] 5. Members of the Board shall serve without compensation, travel expenses or subsistence allowances except as they may be provided by the members respective agencies and organizations.
________
Assembly Bill No. 74Committee on Natural Resources
CHAPTER 40
[Approved: May 21, 2021]
AN ACT relating to pesticides; revising requirements relating to the maintenance of certain records of restricted-use pesticides; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The United States Environmental Protection Agency delegates the primary responsibility of implementing the Certification of Pesticide Applicators Rules to states through State certification plans. (7 U.S.C. § 136i) Existing federal regulations impose certain recordkeeping requirements on restricted-use pesticide dealers. (40 C.F.R. § 171.303) The Nevada Pesticides Act requires registered sellers of restricted-use pesticides to maintain records of all sales for 2 years and to submit a monthly report to the Director of the State Department of Agriculture specifying the restricted-use pesticides sold during the previous month. (NRS 586.406) Restricted-use pesticides are defined in existing law as any pesticides that: (1) the Director of the State Department of Agriculture has determined to be injurious or detrimental to certain animals, crops, land or public health and safety; or (2) have been classified for restricted use by or under the supervision of a certified applicator in accordance with federal law. (NRS 586.205) This bill requires registered sellers to maintain records for 2 years of each distribution of restricted-use pesticides, in addition to the sales, and revises the requirements for monthly reports of sales to the Director to also include distributions of restricted-use pesticides. Additionally, this bill requires that the records of sales and distributions be made in accordance with the federal recordkeeping requirements for State certification plans.
κ2021 Statutes of Nevada, Page 170 (CHAPTER 40, AB 74)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 586.406 is hereby amended to read as follows:
586.406 1. It is unlawful for any person to sell or offer to sell at the retail level or distribute or deliver for transportation for delivery to the consumer or user a pesticide classified for restricted use pursuant to NRS 586.237 or the Federal Environmental Pesticide Control Act, 7 U.S.C. §§ 136 et seq., unless the person is registered with the Director.
2. Each person applying for registration must provide a statement including:
(a) The name and address of the person registering; and
(b) The name and address of any person who, on behalf of the person registering, sells, offers to sell, distributes or delivers for transportation a restricted-use pesticide.
3. All registrations expire on December 31 and are renewable annually.
4. Each person registering shall pay:
(a) An annual registration fee established by regulation of the State Board of Agriculture; and
(b) A penalty fee of $5 if the persons previous registration has expired by the failure to reregister on or before February 1, unless the persons registration is accompanied by a signed statement that no person named on the registration statement has sold or distributed any restricted-use pesticides during the year the registration was not in effect.
5. Each person who is registered shall maintain for 2 years a record of [all sales] each sale and distribution of restricted-use pesticides [showing:
(a) The date of sale or delivery;
(b) The name and address of the person to whom sold or delivered;
(c) The brand name of the pesticide product;
(d) The amount of pesticide product sold or delivered;
(e) The certification number of the certified applicator who is applying or supervising the application of the pesticide if the purchaser of the pesticide is not certified to apply the pesticide; and
(f) Such other information as may be required by the Director.] in accordance with the requirements for State certification plans set forth in 40 C.F.R. § 171.303(b)(7)(vii).
6. Each person registered pursuant to this section shall, on or before the 15th day of each month, file a report with the Director specifying the restricted-use pesticides sold or distributed during the previous month. The Director shall provide the form for the report. The form must be filed regardless of whether the person sold or distributed any pesticides during the previous month.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 171κ
Assembly Bill No. 75Committee on Natural Resources
CHAPTER 41
[Approved: May 21, 2021]
AN ACT relating to measurement standards; establishing field reference standards and transfer standards as additional measurement standards; creating a new rebuttable presumption relating to field reference standards; requiring the State Sealer of Consumer Equitability to make available to all users of field reference standards and transfer standards certain calibration and certification capabilities; requiring the State Sealer of Consumer Equitability to adopt certain regulations for field reference standards and transfer standards; removing the requirement that the State Sealer of Consumer Equitability establish requirements for information relating to open dating of packaged food; revising certain rebuttable presumptions relating to weights, measures and weighing or measuring devices; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth provisions governing weights and measures and their usage in this State. (Chapter 581 of NRS) Existing law establishes two types of standards for such weights and measures: primary standards, which serve as the legal reference from which all other standards are derived, and secondary standards, which are traceable to primary standards through comparison or laboratory procedures and used for enforcement purposes. (NRS 581.012, 581.016) Sections 2 and 3 of this bill create two additional standards: field reference standards and transfer standards. Specifically, section 2 defines the term field reference standards to mean standards which are traceable to primary standards through comparison or laboratory procedures and used for installation, adjustment, repair or calibration of certain devices, and section 3 defines the term transfer standards to mean certain items used for a short period of time in certain conditions to check the accuracy of commercial weighing and measuring equipment. Section 4 of this bill provides that: (1) transfer standards may be used as temporary measurement references to check the accuracy of commercial weighing and measuring equipment; and (2) such use does not satisfy certain standards of the National Institute of Standards and Technology.
Section 5 of this bill creates a new rebuttable presumption that the presence of a field reference standard in the possession of any person who is paid to install, make adjustments to, repair or calibrate commercial weighing and measuring equipment is regularly used by that person in the installation, adjustment, repair or calibration of commercial weighing and measuring equipment.
Existing law provides that the presence of a weight or measure, or of a weighing or measuring device in or about any place where buying or selling commonly occurs, creates a rebuttable presumption that the weight or measure, or weighing or measuring device is regularly used for the business purposes of that place. (NRS 581.395) Section 9 of this bill provides that the rebuttable presumption created is that the weight or measure, or weighing or measuring device, is regularly used for the commercial business purposes of that place.
Existing law sets forth the duties of the State Sealer of Consumer Equitability. (NRS 581.065, 581.067) Existing law requires the State Sealer of Consumer Equitability to make available to all users of physical standards the precision calibration and related metrological certification capabilities of the facilities of the Division of Consumer Equitability of the State Department of Agriculture. (NRS 581.065) Section 7 of this bill requires the State Sealer of Consumer Equitability to make available such calibration and certification capabilities to all users of field reference standards and transfer standards.
κ2021 Statutes of Nevada, Page 172 (CHAPTER 41, AB 75)κ
users of field reference standards and transfer standards. Existing law requires the State Sealer of Consumer Equitability to adopt regulations establishing such primary standards and secondary standards for weights and measures for use in this State as the State Sealer of Consumer Equitability determines appropriate. (NRS 581.067) Section 8 of this bill requires the State Sealer of Consumer Equitability to also adopt such regulations for field reference standards and transfer standards.
Existing law requires the State Sealer of Consumer Equitability to establish requirements for information relating to open dating of packaged food. (NRS 581.067) Existing regulations carry out this requirement by adopting by reference the Uniform Open Dating Regulation, as set forth in the National Institute of Standards and Technology Handbook 130: Uniform Laws and Regulations, 2003 edition. (NAC 581.030) Section 8 removes the requirement that the State Sealer of Consumer Equitability establish such requirements.
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 581 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. Field reference standards means the physical standards that are traceable to the primary standards through comparisons or by using acceptable laboratory procedures, and that are used in the installation, adjustment, repair or calibration of devices for weights and measures, and weighing and measuring devices.
Sec. 3. Transfer standards means a physical artifact, a static or dynamic measurement device or a reference material that is used for a short period of time in limited environmental and operational conditions to check the accuracy of commercial weighing and measuring equipment and that is stable during such a period of time.
Sec. 4. Transfer standards may be used as temporary measurement references to check the accuracy of commercial weighing and measuring equipment. A transfer standard used in such a manner does not satisfy the standards expressed in Appendix A: Fundamental Considerations to the National Institute of Standards and Technology Handbook 44: Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices, as adopted by reference by regulation of the State Sealer of Consumer Equitability.
Sec. 5. The presence of a field reference standard in the possession of any person who is paid to install, make adjustments to, repair or calibrate commercial weighing and measuring equipment creates a rebuttable presumption that the field reference standard is regularly used by that person in the installation, adjustment, repair or calibration of commercial weighing and measuring equipment.
Sec. 6. NRS 581.001 is hereby amended to read as follows:
581.001 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 581.002 to 581.022, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.
Sec. 7. NRS 581.065 is hereby amended to read as follows:
581.065 The State Sealer of Consumer Equitability shall:
1. Ensure that weights and measures used in commercial services within this state are suitable for their intended use, are properly installed and accurate, and are so maintained by their owner or user.
κ2021 Statutes of Nevada, Page 173 (CHAPTER 41, AB 75)κ
2. Prevent unfair or deceptive dealing by weight or measure in any commodity or service advertised, packaged, sold or purchased within this state.
3. Make available to all users of [physical] field reference standards and transfer standards, or of weighing and measuring equipment, the precision calibration and related metrological certification capabilities of the facilities of the Division.
4. Promote uniformity, to the extent practicable and desirable, between the requirements relating to weights and measures of this state and similar requirements of other states and federal agencies.
5. Adopt regulations establishing such requirements relating to weights and measures as are necessary to ensure equity between buyers and sellers, and thereby encourage desirable economic growth while protecting consumers.
Sec. 8. NRS 581.067 is hereby amended to read as follows:
581.067 The State Sealer of Consumer Equitability shall:
1. Adopt regulations establishing such primary standards , [and] secondary standards , field reference standards and transfer standards for weights and measures for use in this State as the State Sealer of Consumer Equitability determines appropriate.
2. Maintain traceability of the state standards to the national standards of the National Institute of Standards and Technology.
3. Enforce the provisions of this chapter.
4. Adopt other reasonable regulations for the enforcement of this chapter.
5. Establish requirements for:
(a) Labeling;
(b) The presentation of information relating to cost per unit; and
(c) Standards of weight, measure or count, and reasonable standards of fill, for any packaged commodity . [; and
(d) Information relating to open dating of packaged food.]
6. Grant such exemptions from the provisions of this chapter or any regulations adopted pursuant thereto as the State Sealer of Consumer Equitability determines appropriate to the maintenance of good commercial practices within this State.
7. Conduct investigations to ensure compliance with this chapter.
8. Delegate to appropriate personnel any of the responsibilities of the Division as needed for the proper administration of the Division.
9. Adopt regulations establishing a schedule of civil penalties for any violation of NRS 581.415 and for any point-of-sale system or cash register determined not to be in compliance with the provisions of subsection 19.
10. Inspect and test commercial weights and measures that are kept, offered or exposed for sale.
11. Inspect and test, to ascertain if they are correct, weights and measures that are commercially used to:
(a) Determine the weight, measure or count of commodities or things that are sold, or offered or exposed for sale, on the basis of weight, measure or count; or
(b) Compute the basic charge or payment for services rendered on the basis of weight, measure or count.
12. Test all weights and measures used in checking the receipt or disbursement of supplies by entities funded by legislative appropriations.
κ2021 Statutes of Nevada, Page 174 (CHAPTER 41, AB 75)κ
13. Approve for use such commercial weights and measures as the State Sealer of Consumer Equitability determines are correct and appropriate. The State Sealer of Consumer Equitability may mark such commercial weights and measures. The State Sealer of Consumer Equitability shall reject and order to be corrected, replaced or removed any commercial weights and measures found to be incorrect. Weights and measures that have been rejected may be seized if they are not corrected within the time specified or if they are used or disposed of in a manner not specifically authorized. The State Sealer of Consumer Equitability shall remove from service and may seize weights and measures found to be incorrect that are not capable of being made correct.
14. Weigh, measure or inspect packaged commodities that are kept, offered or exposed for sale, sold or in the process of delivery to determine whether the packaged commodities contain the amounts represented and whether they are kept, offered or exposed for sale in accordance with this chapter or the regulations adopted pursuant thereto. In carrying out the provisions of this subsection, the State Sealer of Consumer Equitability shall employ recognized sampling procedures, including, without limitation, sampling procedures adopted by the National Conference on Weights and Measures.
15. Adopt regulations prescribing the appropriate term or unit of weight or measure to be used whenever the State Sealer of Consumer Equitability determines that an existing practice of declaring the quantity of a commodity, or of setting charges for a service by weight, measure, numerical count or time, or any combination thereof, does not facilitate value comparisons by consumers or may confuse consumers.
16. Allow reasonable variations from the stated quantity of contents that entered intrastate commerce, which must include those variations caused by loss or gain of moisture during the course of good distribution practices or by unavoidable deviations in good manufacturing practices.
17. Provide for the training of persons employed by any governmental entity within this State, including, without limitation, state, county and municipal personnel, who enforce the provisions of this chapter and chapter 582 of NRS, and any regulations adopted pursuant thereto, relating to weights and measures. The State Sealer of Consumer Equitability may establish by regulation minimum training and performance requirements which must be met by all such persons.
18. Verify advertised prices and price representations, as necessary, to determine their accuracy.
19. Without charging and collecting a fee, conduct random tests of point-of-sale systems and cash registers to determine the accuracy of prices, including advertised prices and price representations, and computations and the correct use of the equipment, and, if such systems utilize scanning or coding means in lieu of manual entry, the accuracy of prices printed or recalled from a database.
20. Employ recognized procedures for making verifications and determinations of accuracy, including, without limitation, any appropriate procedures designated by the National Institute of Standards and Technology.
21. Adopt regulations and issue orders regarding standards for the accuracy of advertised prices and automated systems for retail price charging, point-of-sale systems and cash registers, and for the enforcement of those standards.
κ2021 Statutes of Nevada, Page 175 (CHAPTER 41, AB 75)κ
22. Conduct investigations to ensure compliance with the regulations adopted pursuant to subsection 21.
Sec. 9. NRS 581.395 is hereby amended to read as follows:
581.395 The presence of a weight or measure, or weighing or measuring device in or about any place in which or from which buying or selling is commonly carried on, creates a rebuttable presumption that the weight or measure, or weighing or measuring device is regularly used for the commercial business purposes of that place.
Sec. 10. NRS 561.412 is hereby amended to read as follows:
561.412 1. In addition to the inspection fees and other money transferred pursuant to NRS 590.120, all fees and other money collected pursuant to the provisions of NRS 581.001 to 581.395, inclusive, and sections 2 to 5, inclusive, of this act and 582.001 to 582.210, inclusive, must be deposited in the State Treasury and credited to a separate account in the State General Fund for the use of the Department.
2. Expenditures from the account must be made only for carrying out the provisions of this chapter and chapters 581 and 582 of NRS and NRS 590.010 to 590.330, inclusive.
3. Money in the account does not lapse to the State General Fund at the end of a fiscal year. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.
Sec. 11. This act becomes effective upon passage and approval.
________
Assembly Bill No. 118Assemblymen Bilbray-Axelrod; Anderson, Considine, Duran, Gonzαlez, Gorelow, Krasner, Martinez, Marzola, Orentlicher, Summers-Armstrong and Thomas
CHAPTER 42
[Approved: May 21, 2021]
AN ACT relating to motor vehicles; revising provisions relating to the transportation of children in motor vehicles; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law generally requires a person transporting a child who is less than 6 years of age and who weighs 60 pounds or less in a motor vehicle to secure the child in a child restraint system that meets certain requirements. (NRS 484B.157) Existing law also generally requires any other person in a motor vehicle to wear a safety belt while the motor vehicle is being driven. (NRS 484D.495) Section 2 of this bill: (1) removes the weight requirement for a child who is less than 6 years of age; (2) adds the requirement that the child be less than 57 inches tall; and (3) adds the requirement that a child less than 2 years of age generally be secured in a rear-facing child restraint system in the back seat of the motor vehicle. Section 2 also authorizes the Department of Public Safety to accept gifts, grants and donations from any source for the purpose of purchase or donation of child restraint systems for persons who are in financial need.
κ2021 Statutes of Nevada, Page 176 (CHAPTER 42, AB 118)κ
Existing law requires a citation to be issued to: (1) any driver or adult passenger who fails to wear a safety belt; or (2) any driver who fails to require a child to wear a safety belt if the child is not required to be secured in a child restraint system. (NRS 484D.495) Section 3 of this bill makes conforming changes to the requirements relating to the use of safety belts and child restraint systems to reflect the changes made in section 2.
Existing law requires a short-term lessor who offers or provides a waiver of damages to disclose certain information, including the existing law of this State relating to the use of safety belts. (NRS 482.3156) Section 1 of this bill makes conforming changes to that disclosure to reflect the changes made in 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 482.3156 is hereby amended to read as follows:
482.3156 A short-term lessor who offers or provides a waiver of damages for any consideration in addition to the rate for lease of a passenger car shall clearly and conspicuously disclose the following information in the lease or a holder in which the lease is placed and on a sign posted at the place where the lessee signs the lease:
1. The nature and extent of the short-term lessees liability.
2. A statement that the short-term lessees personal insurance policy may provide coverage for all or a portion of the lessees potential liability.
3. A statement that the short-term lessee should consult with his or her insurer to determine the scope of insurance coverage.
4. A statement that the short-term lessee may purchase an optional waiver of damages to cover all liability subject to any exception that the short-term lessor includes and that is permitted by NRS 482.31555.
5. The charge for the waiver of damages.
6. A statement that Nevada law requires [any] , with certain exceptions:
(a) Any driver of a passenger car and any passenger [5] 6 years of age or older who rides in the front or back seat of a passenger car to wear a safety belt if one is available for that seating position [.] ; and
(b) Any passenger who is less than 2 years of age to be secured in a rear-facing child restraint system in the back seat of the motor vehicle pursuant to paragraph (b) of subsection 1 of NRS 484B.157.
Sec. 2. NRS 484B.157 is hereby amended to read as follows:
484B.157 1. Except as otherwise provided in subsection 7, any person who is transporting [a] :
(a) A child who is less than 6 years of age and [who weighs 60 pounds or] less than 57 inches tall in a motor vehicle operated in this State which is equipped to carry passengers shall secure the child in a child restraint system which:
[(a)] (1) Has been approved by the United States Department of Transportation in accordance with the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. Part 571;
[(b)] (2) Is appropriate for the size and weight of the child; and
[(c)] (3) Is installed within and attached safely and securely to the motor vehicle:
κ2021 Statutes of Nevada, Page 177 (CHAPTER 42, AB 118)κ
[(1)] (I) In accordance with the instructions for installation and attachment provided by the manufacturer of the child restraint system; or
[(2)] (II) In another manner that is approved by the National Highway Traffic Safety Administration.
(b) A child who is less than 2 years of age in a motor vehicle operated in this State which is equipped to carry passengers shall secure the child in a rear-facing child restraint system in the back seat of the motor vehicle in accordance with subparagraphs (1), (2) and (3) of paragraph (a) unless the child is secured in a rear-facing child restraint system on the passenger side of the front seat in accordance with subparagraphs (1), (2) and (3) of paragraph (a), the air bag on the passengers side of the front seat, if any, is deactivated and:
(1) Special health care needs of the child require the child to ride in the front seat of the motor vehicle and a written statement signed by a physician certifying the requirement is carried in the motor vehicle;
(2) All back seats in the motor vehicle are in use by other children who are less than 2 years of age; or
(3) The motor vehicle is not equipped with back seats.
2. If a defendant pleads or is found guilty of violating the provisions of subsection 1, the court shall:
(a) For a first offense, order the defendant to pay a fine of not less than $100 or more than $500 or order the defendant to perform not less than 10 hours or more than 50 hours of community service;
(b) For a second offense, order the defendant to pay a fine of not less than $500 or more than $1,000 or order the defendant to perform not less than 50 hours or more than 100 hours of community service; and
(c) For a third or subsequent offense, suspend the drivers license of the defendant for not less than 30 days or more than 180 days.
3. At the time of sentencing, the court shall provide the defendant with a list of persons and agencies approved by the Department of Public Safety to conduct programs of training and perform inspections of child restraint systems. The list must include, without limitation, an indication of the fee, if any, established by the person or agency pursuant to subsection 4. If, within 60 days after sentencing, a defendant provides the court with proof of satisfactory completion of a program of training provided for in this subsection, the court shall:
(a) If the defendant was sentenced pursuant to paragraph (a) of subsection 2, waive the fine or community service previously imposed; or
(b) If the defendant was sentenced pursuant to paragraph (b) of subsection 2, reduce by one-half the fine or community service previously imposed.
Κ A defendant is only eligible for a reduction of a fine or community service pursuant to paragraph (b) if the defendant has not had a fine or community service waived pursuant to paragraph (a).
4. A person or agency approved by the Department of Public Safety to conduct programs of training and perform inspections of child restraint systems may, in cooperation with the Department, establish a fee to be paid by defendants who are ordered to complete a program of training. The amount of the fee, if any:
κ2021 Statutes of Nevada, Page 178 (CHAPTER 42, AB 118)κ
(a) Must be reasonable; and
(b) May, if a defendant desires to acquire a child restraint system from such a person or agency, include the cost of a child restraint system provided by the person or agency to the defendant.
Κ A program of training may not be operated for profit.
5. For the purposes of NRS 483.473, a violation of this section is not a moving traffic violation.
6. A violation of this section may not be considered:
(a) Negligence in any civil action; or
(b) Negligence or reckless driving for the purposes of NRS 484B.653.
7. This section does not apply:
(a) To a person who is transporting a child in a means of public transportation, including a taxi, school bus or emergency vehicle.
(b) When a physician or an advanced practice registered nurse determines that the use of such a child restraint system for the particular child would be impractical or dangerous because of such factors as the childs weight, physical unfitness or medical condition. In this case, the person transporting the child shall carry in the vehicle the signed statement of the physician or advanced practice registered nurse to that effect.
8. The Department of Public Safety may accept gifts, grants and donations from any source for the purpose of the purchase or donation of child restraint systems for persons who are in financial need.
9. As used in this section, child restraint system means any device that is designed for use in a motor vehicle to restrain, seat or position children. The term includes, without limitation:
(a) Booster seats and belt-positioning seats that are designed to elevate or otherwise position a child so as to allow the child to be secured with a safety belt;
(b) Integrated child seats; and
(c) Safety belts that are designed specifically to be adjusted to accommodate children.
Sec. 3. NRS 484D.495 is hereby amended to read as follows:
484D.495 1. It is unlawful to drive a passenger car manufactured after:
(a) January 1, 1968, on a highway unless it is equipped with at least two lap-type safety belt assemblies for use in the front seating positions.
(b) January 1, 1970, on a highway unless it is equipped with a lap-type safety belt assembly for each permanent seating position for passengers. This requirement does not apply to the rear seats of vehicles operated by a police department or sheriffs office.
(c) January 1, 1970, unless it is equipped with at least two shoulder-harness-type safety belt assemblies for use in the front seating positions.
2. Any person driving, and any passenger who:
(a) Is 6 years of age or older; or
(b) [Weighs more than 60 pounds,] Is 57 inches tall or more, regardless of age,
Κ who rides in the front or back seat of any vehicle described in subsection 1, having an unladen weight of less than 10,000 pounds, on any highway, road or street in this State shall wear a safety belt if one is available for the seating position of the person or passenger.
κ2021 Statutes of Nevada, Page 179 (CHAPTER 42, AB 118)κ
3. A citation must be issued to any driver or to any adult passenger who fails to wear a safety belt as required by subsection 2. If the passenger is a child who:
(a) Is 6 years of age or older but less than 18 years of age, regardless of [weight;] height; or
(b) Is less than 6 years of age but [who weighs more than 60 pounds,] is 57 inches tall or more,
Κ a citation must be issued to the driver for failing to require that child to wear the safety belt, but if both the driver and that child are not wearing safety belts, only one citation may be issued to the driver for both violations. A citation may be issued pursuant to this subsection only if the violation is discovered when the vehicle is halted or its driver arrested for another alleged violation or offense. Any person who violates the provisions of subsection 2 shall be punished by a fine of not more than $25 or by a sentence to perform a certain number of hours of community service.
4. A violation of subsection 2:
(a) Is not a moving traffic violation under NRS 483.473.
(b) May not be considered as negligence or as causation in any civil action or as negligent or reckless driving under NRS 484B.653.
(c) May not be considered as misuse or abuse of a product or as causation in any action brought to recover damages for injury to a person or property resulting from the manufacture, distribution, sale or use of a product.
5. The Department shall exempt those types of motor vehicles or seating positions from the requirements of subsection 1 when compliance would be impractical.
6. The provisions of subsections 2 and 3 do not apply:
(a) To a driver or passenger who possesses a written statement by a physician or an advanced practice registered nurse certifying that the driver or passenger is unable to wear a safety belt for medical or physical reasons;
(b) If the vehicle is not required by federal law to be equipped with safety belts;
(c) To an employee of the United States Postal Service while delivering mail in the rural areas of this State;
(d) If the vehicle is stopping frequently, the speed of that vehicle does not exceed 15 miles per hour between stops and the driver or passenger is frequently leaving the vehicle or delivering property from the vehicle; or
(e) Except as otherwise provided in NRS 484D.500, to a passenger riding in a means of public transportation, including a school bus or emergency vehicle.
7. It is unlawful for any person to distribute, have for sale, offer for sale or sell any safety belt or shoulder harness assembly for use in a motor vehicle unless it meets current minimum standards and specifications of the United States Department of Transportation.
Sec. 4. This act becomes effective on January 1, 2022.
________
κ2021 Statutes of Nevada, Page 180κ
Assembly Bill No. 413Committee on Growth and Infrastructure
CHAPTER 43
[Approved: May 21, 2021]
AN ACT relating to transportation; requiring the Department of Transportation to establish an Advisory Working Group to Study Certain Issues Related to Transportation during the 2021-2022 interim; prescribing the membership and duties of the Advisory Working Group; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill requires the Department of Transportation to establish an Advisory Working Group to Study Certain Issues Related to Transportation during the 2021-2022 interim. This bill also: (1) prescribes the membership and duties of the Advisory Working Group; and (2) requires the Department of Transportation to submit a written report describing the activities, findings, conclusions and recommendations of the Advisory Working Group for transmittal to the 82nd Session of the Legislature.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The Department of Transportation shall establish an Advisory Working Group to Study Certain Issues Related to Transportation during the 2021-2022 interim. The Advisory Working Group must consist of at least 20 but not more than 30 members. To the extent practicable, the members of the Advisory Working Group must be representative of the various geographic areas and ethnic groups of this State. Except for the members who are Legislators, the Department of Transportation shall appoint the members of the Advisory Working Group, which consists of:
(a) Representatives of agencies from metropolitan planning organizations;
(b) Representatives of environmental agencies and organizations;
(c) Representatives of clean energy;
(d) Experts in taxation policy;
(e) Representatives of local, county, tribal, state and federal agencies with expertise in transportation and clean energy;
(f) The Chairs of the Senate and Assembly Standing Committees on Growth and Infrastructure during the 81st Legislative Session;
(g) Representatives of labor organizations;
(h) Representatives from local chambers of commerce;
(i) Representatives from the Nevada Resort Association;
(j) Three representatives appointed from a list of persons submitted to the Department of Transportation by organizations and other entities which represent or promote the interests of minority groups in this State; and
(k) Other interested persons and entities.
2. The Advisory Working Group shall study during the 2021-2022 interim:
κ2021 Statutes of Nevada, Page 181 (CHAPTER 43, AB 413)κ
(a) The needs of all users of different modes of transportation, including bicyclists, pedestrians, drivers of motor vehicles and public transit users;
(b) Social and user transportation equity;
(c) The reduction of greenhouse gas emissions;
(d) The sustainability of the State Highway Fund including, without limitation, an analysis of the Natural Resources Defense Council funding model presented to the Legislative Committee on Energy on August 24, 2020, and Utahs Road Usage Charge Program; and
(e) The role of land use and smart growth strategies in reducing transportation emissions and improving system efficiency and equity.
3. In addition to the duties set forth in subsection 2, the Advisory Working Group shall collect and monitor data related to and develop preliminary plans for sustainable transportation funding in this State.
4. The Advisory Working Group shall, at its first meeting, elect a Chair and Vice Chair from among its members.
5. A majority of the members of the Advisory Working Group constitutes a quorum for the transaction of business, and a majority of those members present at any meeting is sufficient for any official action taken by the Advisory Working Group.
6. The Department of Transportation shall provide the Advisory Working Group with such administrative support as is necessary to assist the Advisory Working Group in carrying out its duties pursuant to this section.
7. A member of the Advisory Working Group who is an officer or employee of this State or a political subdivision thereof must be relieved from his or her duties without loss of his or her regular compensation so that the member may prepare for and attend meetings of the Advisory Working Group and perform any work necessary to carry out the duties of the Advisory Working Group in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of Advisory Working Group to:
(a) Make up the time the member is absent from work to carry out his or her duties as a member of the Advisory Working Group; or
(b) Take annual leave or compensatory time for the absence.
8. The Department of Transportation shall, on or before December 31, 2022, prepare and submit a written report describing the activities, findings, conclusions and recommendations of the Advisory Working Group to the Director of the Legislative Counsel Bureau for transmittal to the 82nd Session of the Legislature.
Sec. 2. 1. This section becomes effective upon passage and approval.
2. Section 1 of this act becomes effective:
(a) Upon passage and approval for the purpose of appointing members to the Advisory Working Group created by section 1 of this act and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On July 1, 2021, for all other purposes.
________
κ2021 Statutes of Nevada, Page 182κ
Assembly Bill No. 420Committee on Education
CHAPTER 44
[Approved: May 21, 2021]
AN ACT relating to education; revising provisions relating to educational management organizations; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law defines an educational management organization as a for-profit corporation, business, organization or other entity that provides services relating to the operation and management of charter schools. (NRS 388A.030) This bill revises the definition to mean a for-profit entity that contracts with and is accountable to the governing body of a charter school to provide centralized support or operations, including, without limitation, educational, administrative, management, compliance or instructional services or staff, to the charter school.
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 388A.030 is hereby amended to read as follows:
388A.030 Educational management organization means a for-profit [corporation, business, organization or other] entity that contracts with and is accountable to the governing body of a [provides services relating to the operation and management of] charter [schools.] school to provide centralized support or operations, including, without limitation, educational, administrative, management, compliance or instructional services or staff, to the charter school.
Secs. 2-8. (Deleted by amendment.)
Sec. 9. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 183κ
Assembly Bill No. 437Committee on Commerce and Labor
CHAPTER 45
[Approved: May 21, 2021]
AN ACT relating to embalming; revising the qualifications for certain certificates and licenses issued by the Nevada Funeral and Cemetery Services Board; authorizing certain students to enter into a room in a funeral home or mortuary where dead bodies are being embalmed; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires an applicant for a license to practice the profession of embalming to have completed 2 academic years of instruction at a college or university by taking a certain number of credit hours. (NRS 642.080) Section 9 of this bill authorizes an applicant for such a license to apply credits earned at an embalming college or school of mortuary science, toward this requirement. Section 9.6 of this bill makes a conforming change as a result of the change in this requirement. Existing law also requires an applicant for a license to practice the profession of embalming to have completed 12 months of instruction in an accredited embalming college or school of mortuary science. (NRS 642.080) Section 9 instead requires that an applicant for such a license must have graduated from such a college or school. Section 10 of this bill makes a conforming change as a result of the change in this requirement.
Existing law provides for the issuance of a license by reciprocity to practice the profession of embalming to an applicant who has practiced embalming successfully for at least 5 years and practiced actively for 2 years immediately preceding the application for license by reciprocity. (NRS 642.100) Section 9.3 of this bill revises this requirement to instead require an applicant for such a license to have practiced successfully for at least 5 years and practiced actively for at least 2 years of the 5 year period immediately preceding the application for such a license.
Existing law prohibits a funeral director, funeral arranger or embalmer from permitting any person to enter into any room in any funeral home or mortuary where dead bodies are being embalmed, except licensed embalmers and their assistants, funeral directors, funeral arrangers, certain public officers and attending physicians and their assistants, unless by direct permission of the immediate family of the deceased. (NRS 642.560) Section 11 of this bill authorizes a student enrolled in an accredited embalming college or school of mortuary science to enter such rooms without the express permission of the immediate family of the deceased.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-8. (Deleted by amendment.)
Sec. 9. NRS 642.080 is hereby amended to read as follows:
642.080 Except as otherwise provided in NRS 642.100, an applicant for a license to practice the profession of embalming in the State of Nevada shall:
1. Have attained the age of 18 years.
2. Be of good moral character.
3. Be a high school graduate and have completed 2 academic years of instruction by taking 60 semester or 90 quarter hours at an accredited college or university.
κ2021 Statutes of Nevada, Page 184 (CHAPTER 45, AB 437)κ
college or university. [Credits earned at an embalming college or school of mortuary science do not fulfill this requirement.]
4. [Have completed 12 full months of instruction in] Be a graduate of an embalming college or school of mortuary science which is accredited by the American Board of Funeral Service Education and approved by the Board, and have not less than 1 years practical experience under the supervision of an embalmer licensed in the State of Nevada.
5. Have actually embalmed at least 50 bodies under the supervision of a licensed embalmer prior to the date of application.
6. Present to the Board affidavits of at least two reputable residents of the county in which the applicant proposes to engage in the practice of an embalmer to the effect that the applicant is of good moral character.
Sec. 9.3. NRS 642.100 is hereby amended to read as follows:
642.100 Reciprocity may be arranged by the Board if an applicant:
1. Is a graduate of an embalming college or a school of mortuary science which is accredited by the American Board of Funeral Service Education and approved by the Board;
2. Is licensed as an embalmer in another state;
3. Has practiced embalming successfully for at least 5 years and practiced actively for at least 2 years of the 5 year period immediately preceding the application for a license by reciprocity;
4. Is of good moral character;
5. Has passed the examination given by the Board on the subjects set forth in subsection 5 of NRS 642.090 or the national examination given by the International Conference of Funeral Service Examining Boards;
6. Possesses knowledge of the applicable statutes and regulations of this State governing embalmers; and
7. Pays to the Secretary of the Board the fees prescribed in NRS 642.0696.
Sec. 9.6. NRS 642.200 is hereby amended to read as follows:
642.200 1. Each applicant for a certificate of registration as a registered apprentice shall furnish proof that he or she is a high school graduate and has completed 2 academic years of instruction by taking 60 semester or 90 quarter hours at an accredited college or university. [Credits earned at an embalming college or a school of mortuary science do not fulfill this requirement.]
2. Such proof must be furnished before the applicant may be issued a certificate of registration as a registered apprentice.
Sec. 10. NRS 642.330 is hereby amended to read as follows:
642.330 1. Before a registered apprentice may take the examination for a license to practice the profession of embalming pursuant to NRS 642.090, the registered apprentice must have [completed instruction in] graduated from an accredited and approved embalming college or school of mortuary science, as prescribed by NRS 642.080.
2. A registered apprentice may take the examination for a license to practice the profession of embalming pursuant to NRS 642.090 before the registered apprentice has completed the required 1 year of apprenticeship.
Sec. 11. NRS 642.560 is hereby amended to read as follows:
642.560 No funeral director, funeral arranger or embalmer may permit any person to enter any room in any funeral home or mortuary where dead bodies are being embalmed, except licensed embalmers and their assistants, funeral directors, funeral arrangers, public officers in the discharge of their official duties, students enrolled in an accredited embalming college or school of mortuary science, and attending physicians and their assistants, unless by direct permission of the immediate family of the deceased.
κ2021 Statutes of Nevada, Page 185 (CHAPTER 45, AB 437)κ
official duties, students enrolled in an accredited embalming college or school of mortuary science, and attending physicians and their assistants, unless by direct permission of the immediate family of the deceased.
________
Assembly Bill No. 58Committee on Judiciary
CHAPTER 46
[Approved: May 25, 2021]
AN ACT relating to the Attorney General; authorizing the Attorney General to investigate whether a state governmental authority, any agent thereof or any person acting on behalf of a state governmental authority has engaged in certain patterns or practices that deprive persons of certain rights, privileges or immunities and file a civil action to eliminate such an identified pattern or practice in certain circumstances; establishing provisions relating to such an investigation; requiring the Attorney General to participate and cooperate in any investigation by the United States Department of Justice regarding whether the Office of the Attorney General has engaged in certain patterns or practices that deprive persons of certain rights, privileges or immunities; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 1 of this bill authorizes the Attorney General to investigate whether a state governmental authority, any agent thereof or any person acting on behalf of a state governmental authority has engaged in certain patterns or practices that deprive persons of certain rights, privileges or immunities. Section 1 requires the Attorney General to notify the governmental authority if the Attorney General has reasonable cause to believe that any such conduct has occurred and authorizes the governmental authority to respond to the notification within 30 days. If the Attorney General and the governmental authority cannot reach an agreement as to the course of action for the governmental authority to take to remedy, change or eliminate the identified pattern or practice within 60 days after the last day on which the governmental authority may respond to the notification, section 1 authorizes the Attorney General to file a civil action against the governmental authority to eliminate the identified pattern or practice. For the purposes of enabling the Attorney General to carry out an investigation, section 1 also authorizes the Attorney General to require certain persons to appear and testify and to produce certain documentation and tangible items. At the conclusion of such an investigation, section 1 requires the Attorney General to issue a report that includes a determination based on the results of the investigation.
Section 1 additionally requires that any state officer or employee or local governmental officer or employee who discloses a pattern or practice of conduct by a state governmental authority, any agent thereof or any person acting on behalf of a state governmental authority be afforded all protections against reprisal or retaliation provided by the provisions of law relating to the disclosure of improper governmental action.
κ2021 Statutes of Nevada, Page 186 (CHAPTER 46, AB 58)κ
Finally, section 1 requires the Attorney General to participate and cooperate in any investigation by the United States Department of Justice regarding whether the Office of the Attorney General has engaged in certain patterns or practices that deprive persons of certain rights, privileges or immunities.
Section 4 of this bill makes a conforming change relating to the information that is made confidential and not a public record pursuant to section 1.
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 41 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A state governmental authority, any agent thereof or any person acting on behalf of a state governmental authority shall not engage in a pattern or practice of conduct by peace officers, officials or employees of any state law enforcement agency or officials or employees of any governmental authority with responsibility for the administration of juvenile justice or the detention of juveniles that deprives persons of rights, privileges or immunities secured or protected by the Constitution or laws of the United States or this State.
2. The Attorney General may investigate any violation of subsection 1. If the Attorney General has reasonable cause to believe that a violation of subsection 1 has occurred, the Attorney General must, before filing a civil action, notify the governmental authority and provide the factual basis that supports his or her reasonable cause to believe that a violation of subsection 1 has occurred. The governmental authority may respond to the notification at any time within 30 days after the date on which the governmental authority receives the notification.
3. The Attorney General may, in accordance with the requirements of this section, file a civil action against the governmental authority, for or in the name of the State of Nevada:
(a) To obtain any and all appropriate equitable and declaratory relief to eliminate the identified pattern or practice if the Attorney General and the governmental authority cannot reach an agreement regarding the course of action for the governmental authority to take to remedy, change or eliminate the identified pattern or practice within 60 days after the last day on which the governmental authority may respond to the notification; or
(b) To enforce the terms of any such agreement that is reached by the Attorney General and the governmental authority.
4. Any civil action filed by the Attorney General pursuant to subsection 3 must be filed in the district court of the county where the governmental authority maintains its headquarters.
5. For the purpose of carrying out an investigation pursuant to the provisions of this section, the Attorney General or his or her designee may issue a subpoena to compel the attendance or testimony of a witness or the production of any relevant evidence, including, without limitation, books, papers, documents, records, photographs, recordings, reports and tangible objects maintained by the governmental authority. If a witness refuses to attend, testify or produce materials as required by the subpoena, the Attorney General may report to the district court by petition, setting forth that:
κ2021 Statutes of Nevada, Page 187 (CHAPTER 46, AB 58)κ
attend, testify or produce materials as required by the subpoena, the Attorney General may report to the district court by petition, setting forth that:
(a) Due notice has been given of the time and place of attendance or testimony of the witness or the production of materials;
(b) The witness has been subpoenaed pursuant to this section; and
(c) The witness has failed or refused to attend, testify or produce materials as required by the subpoena, or has refused to answer questions propounded to him or her,
Κ and asking for an order of the court compelling the witness to attend, testify or produce materials. Upon receipt of such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why the witness has not attended, testified or produced materials. A certified copy of the order must be served upon the witness. If it appears to the court that the subpoena was properly issued by the Attorney General or his or her designee, the court shall enter an order that the witness appear at a time and place fixed in the order and testify or produce materials, and that upon failure to obey the order, the witness must be dealt with as for contempt of court.
6. Except as otherwise provided in NRS 239.0115, the content of any investigation, including, without limitation, the identity of a witness, any procedure, testimony taken, document or other tangible evidence produced, or any answer made under this section is confidential and not subject to disclosure as a public book or record unless and until the filing of a civil action pursuant to this section, except if:
(a) Confidentially is waived by the person upon whom the investigative demand is made;
(b) Disclosure is authorized by the district court; or
(c) Disclosure is made by a federal court or federal agency.
7. At the conclusion of an investigation by the Attorney General pursuant to this section, the Office of the Attorney General shall issue:
(a) A report that includes a determination that the governmental authority did not engage in a pattern or practice of conduct that deprives persons of rights, privileges or immunities secured or protected by the Constitution or laws of the United States or this State;
(b) A report that includes a determination that the allegations that the governmental authority engaged in a pattern or practice of conduct that deprives persons of rights, privileges or immunities secured or protected by the Constitution or laws of the United States or this State could not be substantiated; or
(c) A report that includes:
(1) A determination that the governmental authority engaged in a pattern or practice of conduct that deprives persons of rights, privileges or immunities secured or protected by the Constitution or laws of the United States or this State; and
(2) The course of action mutually agreed upon by the Attorney General and the governmental authority to remedy, change or eliminate the identified pattern or practice, or a copy of the civil action filed against the governmental authority pursuant to paragraph (a) of subsection 3.
κ2021 Statutes of Nevada, Page 188 (CHAPTER 46, AB 58)κ
8. Any state officer, state employee, local officer or local employee who discloses a pattern or practice of conduct prohibited by subsection 1 must be afforded all protections against reprisal or retaliation as provided by NRS 281.611 to 281.671, inclusive.
9. In addition to the requirements set forth in this section, the Attorney General shall participate and cooperate in any investigation by the United States Department of Justice regarding whether the Office of the Attorney General has engaged in a pattern or practice of conduct that deprives persons of rights, privileges or immunities secured or protected by the Constitution or laws of the United States or this State.
10. As used in this section:
(a) Law enforcement agency has the meaning ascribed to it in NRS 289.010.
(b) Peace officer means a person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.
(c) Relevant evidence has the meaning ascribed to it in NRS 48.015.
Secs. 2 and 3. (Deleted by amendment.)
Sec. 4. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 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,
κ2021 Statutes of Nevada, Page 189 (CHAPTER 46, AB 58)κ
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, 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, and section 1 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
κ2021 Statutes of Nevada, Page 190 (CHAPTER 46, AB 58)κ
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.
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.
________
κ2021 Statutes of Nevada, Page 191κ
Senate Bill No. 50Committee on Judiciary
CHAPTER 47
[Approved: May 25, 2021]
AN ACT relating to criminal procedure; prohibiting a magistrate from issuing a no-knock arrest warrant or search warrant except under certain circumstances; requiring an arrest warrant or a search warrant to specify whether it is a no-knock warrant; establishing provisions relating to the manner of execution of a no-knock arrest warrant or search warrant; revising provisions relating to the circumstances under which a summons may be issued instead of an arrest warrant; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires a magistrate to issue a warrant for the arrest of a defendant if, based on an affidavit or affidavits filed with a complaint or certain citations, there is probable cause to believe that an offense has been committed and that the defendant has committed the offense, unless a district attorney requests the issuance of a summons, in which case the magistrate must issue a summons. (NRS 171.106) If the affidavit or affidavits are filed with an application for an arrest warrant, section 1.1 of this bill maintains the existing default standard of issuing an arrest warrant, or a summons upon the request of a district attorney; however, if the affidavit or affidavits are filed with certain citations, section 1.1 authorizes a magistrate to issue an arrest warrant or a summons.
Section 1.1 also establishes additional requirements for the issuance of a no-knock warrant. Specifically, section 1.1 prohibits a magistrate from issuing a no-knock warrant for the arrest of a defendant unless an affidavit, sworn to before the magistrate: (1) demonstrates that the underlying offense is punishable as a felony and involves a significant and imminent threat to public safety; (2) demonstrates that identifying the presence of the peace officer before entering the premises is likely to create an imminent threat of significant bodily harm to the peace officer or another person; (3) describes factual circumstances that demonstrate that there are no reasonable alternatives to effectuating the arrest of the person other than in the manner prescribed by the no-knock arrest warrant; (4) states whether the no-knock arrest warrant can be executed during the day and, if it cannot, the reasoning behind such a determination; and (5) certifies that the no-knock arrest warrant will be executed under the guidance of a peace officer trained in executing warrants of arrest.
Existing law requires an arrest warrant to include certain information. (NRS 171.108) In addition to the existing requirements, section 1.2 of this bill requires the arrest warrant to specify whether it is a no-knock arrest warrant. Section 1.3 of this bill makes a conforming change in order to maintain the existing requirements relating to the contents of a summons.
Existing law sets forth the manner of executing arrest warrants. (NRS 171.122) In addition to the existing requirements, section 1.4 of this bill requires peace officers involved in the execution of the no-knock arrest warrant to: (1) make certain determinations before executing the no-knock arrest warrant; and (2) take certain actions in the execution of the no-knock arrest warrant, including making certain disclosures and wearing a portable event recording device. Section 1.5 of this bill makes a conforming change relating to the execution of arrest warrants.
Existing law also authorizes a magistrate to issue a search warrant to search a place or person for any property: (1) that is stolen or embezzled; (2) that is designed or intended for use or which is or has been used as the means of committing a criminal offense; or (3) when the property consists of any item or constitutes any evidence which tends to show that a criminal offense has been committed or that a particular person has committed a criminal offense.
κ2021 Statutes of Nevada, Page 192 (CHAPTER 47, SB 50)κ
particular person has committed a criminal offense. (NRS 179.035) Section 2 of this bill sets forth requirements for the issuance of a no-knock search warrant that are identical to those described in section 1.1 for no-knock arrest warrants.
Existing law requires search warrants to contain certain information. (NRS 179.045) In addition to the existing requirements, section 3.3 of this bill requires the search warrant to specify whether it is a no-knock search warrant.
Existing law sets forth various requirements relating to the manner of executing a search warrant. (NRS 179.075, 179.077) In addition to the existing requirements, section 2.5 of this bill sets forth requirements concerning the execution of no-knock search warrants that are identical to those described in section 1.4 for no-knock arrest warrants.
Sections 1 and 1.9 of this bill define the term no-knock warrant for the purposes of arrest warrants and search warrants, respectively. Sections 1.8, 3 and 3.7 of this bill make conforming changes relating to no-knock warrants.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 171 of NRS is hereby amended by adding thereto a new section to read as follows:
As used in sections 171.102 to 171.122, inclusive, unless the context otherwise requires, no-knock warrant means a warrant for the arrest of a defendant which authorizes a peace officer to enter a premises without first:
1. Knocking on the door or ringing the doorbell and identifying the presence of the peace officer; or
2. Identifying the presence of the peace officer and stating the intended purpose of the peace officer for entering the premises.
Sec. 1.1. NRS 171.106 is hereby amended to read as follows:
171.106 1. If it appears [from the complaint or a citation issued pursuant to NRS 484A.730, 488.920 or 501.386, or] from an affidavit or affidavits filed with [the complaint or citation] an application for a warrant that there is probable cause to believe that an offense, triable within the county, has been committed and that the defendant has committed it, a warrant for the arrest of the defendant [shall] must be issued by the magistrate to any peace officer. Upon the request of the district attorney , a summons instead of a warrant [shall issue.] must be issued.
2. If it appears from an affidavit or affidavits filed with a complaint or citation issued pursuant to NRS 484A.730, 488.920 or 501.386 that there is probable cause to believe that an offense, triable within the county, has been committed and that the defendant has committed it, the magistrate may issue to any peace officer:
(a) A warrant; or
(b) A summons.
3. A magistrate may not issue a warrant that is a no-knock warrant pursuant to subsection 1 or 2 unless an affidavit filed with the application, complaint or citation, as applicable:
(a) Demonstrates that:
(1) The underlying offense:
(I) Is punishable as a felony; and
(II) Involves a significant and imminent threat to public safety; and
κ2021 Statutes of Nevada, Page 193 (CHAPTER 47, SB 50)κ
(2) Identifying the presence of the peace officer before entering the premises is likely to create an imminent threat of substantial bodily harm to the peace officer or another person;
(b) Describes with specificity the factual circumstances as to why there are no reasonable alternatives to effectuate the arrest of the defendant other than in the manner prescribed by the no-knock warrant;
(c) States whether the no-knock warrant can be executed during the day and, if it cannot, describes with specificity the factual circumstances that preclude the no-knock warrant from being executed during the day; and
(d) Certifies that the no-knock warrant will be executed under the guidance of a peace officer who is trained in the execution of warrants.
4. More than one warrant or summons may [issue] be issued on the same application, complaint or citation.
5. If a defendant fails to appear in response to [the] a summons, a warrant [shall issue.] must be issued for the arrest of the defendant.
6. A no-knock warrant issued pursuant to subsection 3 is void if:
(a) A peace officer deliberately misrepresents a material fact or deliberately omits material information in an affidavit in support of an application for the no-knock warrant; and
(b) When the misrepresented material fact is excluded or the omitted material information is included, the affidavit does not meet the criteria set forth in paragraphs (a) to (d), inclusive, of subsection 3.
Sec. 1.2. NRS 171.108 is hereby amended to read as follows:
171.108 [The] A warrant of arrest is an order in writing in the name of the State of Nevada which [shall:] must:
1. Be signed by the magistrate with the magistrates name of office;
2. Contain the name of the defendant or, if the defendants name is unknown, any name or description by which the defendant can be identified with reasonable certainty;
3. State the date of its issuance, and the county, city or town where it was issued;
4. [Describe] State the offense [charged] described in [the complaint; and] NRS 171.106;
5. Command that the defendant be arrested and brought before the nearest available magistrate [.] ; and
6. State whether the warrant is a no-knock warrant.
Sec. 1.3. NRS 171.112 is hereby amended to read as follows:
171.112 [The]
1. A summons [shall be in the same form as the warrant except that it shall summon] is an order in writing in the name of the State of Nevada which must:
(a) Include the information described in subsections 1 to 4, inclusive, of NRS 171.108; and
(b) Summon the defendant to appear before a magistrate at a stated time and place.
2. Upon a complaint against a corporation, the magistrate must issue a summons, signed by the magistrate, with the magistrates name of office, requiring the corporation to appear before the magistrate at a specified time and place to answer the charge, the time to be not less than 10 days after the issuing of the summons.
κ2021 Statutes of Nevada, Page 194 (CHAPTER 47, SB 50)κ
Sec. 1.4. NRS 171.122 is hereby amended to read as follows:
171.122 1. Except as otherwise provided in subsection [2,] 3, the warrant must be executed by the arrest of the defendant. The peace officer need not have the warrant in the peace officers possession at the time of the arrest, but upon request the peace officer must show the warrant to the defendant as soon as possible. If the peace officer does not have a warrant in the peace officers possession at the time of the arrest, the peace officer shall then inform the defendant of the peace officers intention to arrest the defendant, of the offense charged, the authority to make it and of the fact that a warrant has or has not been issued. The defendant must not be subjected to any more restraint than is necessary for the defendants arrest and detention. If the defendant either flees or forcibly resists, the peace officer may, except as otherwise provided in NRS 171.1455, use only the amount of reasonable force necessary to effect the arrest.
2. In addition to the requirements described in subsection 1, if the warrant is a no-knock warrant, the peace officers involved in the execution of the no-knock warrant shall:
(a) Before executing the no-knock warrant, determine whether the circumstances necessitate that the arrest of the defendant be effectuated in the manner prescribed by the no-knock warrant and, if they do not, the peace officers shall not effectuate the arrest of the defendant in such a manner; and
(b) In executing the no-knock warrant:
(1) Wear prominent insignia that renders the peace officers readily identifiable as peace officers;
(2) Wear a portable event recording device in accordance with the requirements described in NRS 289.830;
(3) Use only the amount of force reasonably necessary to enter the premises; and
(4) As soon as practicable after entering the premises, identify the presence of the peace officers and state the purpose of the peace officers for entering the premises.
3. In lieu of executing [the] a warrant by arresting the defendant, a peace officer may issue a citation as provided in NRS 171.1773 if:
(a) The warrant is issued upon an offense punishable as a misdemeanor;
(b) The peace officer has no indication that the defendant has previously failed to appear on the charge reflected in the warrant;
(c) The defendant provides satisfactory evidence of his or her identity to the peace officer;
(d) The defendant signs a written promise to appear in court for the misdemeanor offense; and
(e) The peace officer has reasonable grounds to believe that the defendant will keep a written promise to appear in court.
[3. The]
4. A summons must be served upon a defendant by delivering a copy to the defendant personally, or by leaving it at the defendants dwelling house or usual place of abode with some person then residing in the house or abode who is at least 16 years of age and is of suitable discretion, or by mailing it to the defendants last known address. In the case of a corporation, the summons must be served at least 5 days before the day of appearance fixed in the summons, by delivering a copy to an officer or to a managing or general agent or to any other agent authorized by appointment or by law to receive service of process and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the corporations last known address within the State of Nevada or at its principal place of business elsewhere in the United States.
κ2021 Statutes of Nevada, Page 195 (CHAPTER 47, SB 50)κ
receive service of process and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the corporations last known address within the State of Nevada or at its principal place of business elsewhere in the United States.
Sec. 1.5. NRS 171.152 is hereby amended to read as follows:
171.152 1. The peace officer executing a warrant by arrest shall make return thereof to the magistrate before whom the defendant is brought pursuant to NRS 171.178 and 171.184. At the request of the district attorney any unexecuted warrant must be returned to the magistrate by whom it was issued and must be cancelled.
2. The peace officer executing a warrant by issuance of a citation pursuant to subsection [2] 3 of NRS 171.122 shall:
(a) Record on the warrant the number assigned to the citation issued thereon;
(b) Attach the warrant to the citation issued thereon; and
(c) Return the warrant and citation to the magistrate before whom the defendant is scheduled to appear.
3. On or before the return day the person to whom a summons was delivered for service shall make return thereof to the magistrate before whom the summons is returnable.
4. At the request of the district attorney made at any time while the complaint is pending, a warrant returned unexecuted and not cancelled or a summons returned unserved or a duplicate thereof may be delivered by the magistrate to a peace officer for execution or service.
Sec. 1.7. Chapter 179 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.8 to 2.5, inclusive, of this act.
Sec. 1.8. As used in NRS 179.015 to 179.115, inclusive, and sections 1.8 to 2.5, inclusive, of this act, the words and terms defined in NRS 179.015 and section 1.9 of this act have the meanings ascribed to them in those sections.
Sec. 1.9. No-knock warrant means a search warrant which authorizes a peace officer to enter a premises without first:
1. Knocking on the door or ringing the doorbell and identifying the presence of the peace officer; or
2. Identifying the presence of the peace officer and stating the intended purpose of the peace officer for entering the premises.
Sec. 2. 1. A magistrate shall not issue a no-knock warrant to search the person or place named in the search warrant unless an affidavit sworn to before the magistrate:
(a) Demonstrates that:
(1) The underlying offense:
(I) Is punishable as a felony; and
(II) Involves a significant and imminent threat to public safety; and
(2) Identifying the presence of the peace officer before entering the premises is likely to create an imminent threat of substantial bodily harm to the peace officer or another person;
(b) Describes with specificity the factual circumstances as to why there are no reasonable alternatives to effectuate the search of the place or person other than in the manner prescribed by the no-knock warrant;
κ2021 Statutes of Nevada, Page 196 (CHAPTER 47, SB 50)κ
(c) States whether the no-knock warrant can be executed during the day and, if it cannot, describes with specificity the factual circumstances that preclude the no-knock warrant from being executed during the day; and
(d) Certifies that the no-knock warrant will be executed under the guidance of a peace officer who is trained in the execution of search warrants.
2. A no-knock warrant issued pursuant to subsection 1 is void if:
(a) A peace officer deliberately misrepresents a material fact or deliberately omits material information in an affidavit in support of an application for the no-knock warrant; and
(b) When the misrepresented material fact is excluded or the omitted material information is included, the affidavit does not meet the criteria set forth in paragraphs (a) to (d), inclusive, of subsection 1.
Sec. 2.5. In addition to the requirements for the execution of a search warrant described in NRS 179.075 and 179.077, if the search warrant is a no-knock warrant, the peace officers involved in the execution of the no-knock warrant shall:
1. Before executing the no-knock warrant, determine whether the circumstances necessitate that the search be effectuated in the manner prescribed by the no-knock warrant and, if they do not, the peace officers shall not effectuate the search in such a manner; and
2. In executing the no-knock warrant:
(a) Wear prominent insignia that renders the peace officers readily identifiable as peace officers;
(b) Wear a portable event recording device in accordance with the requirements described in NRS 289.830;
(c) Use only the amount of force reasonably necessary to enter the premises; and
(d) As soon as practicable after entering the premises, identify the presence of the peace officers and state the purpose of the peace officers for entering the premises.
Sec. 3. NRS 179.015 is hereby amended to read as follows:
179.015 [As used in NRS 179.015 to 179.115, inclusive, the term property] Property includes documents, books, papers and any other tangible objects.
Sec. 3.3. NRS 179.045 is hereby amended to read as follows:
179.045 1. A search warrant may issue only on affidavit or affidavits sworn to before the magistrate and establishing the grounds for issuing the warrant or as provided in subsection 3. If the magistrate is satisfied that grounds for the application exist or that there is probable cause to believe that they exist, the magistrate shall issue a warrant identifying the property and naming or describing the person or place to be searched.
2. Secure electronic transmission may be used for the submission of an application and affidavit required by subsection 1, and for the issuance of a search warrant by a magistrate. The Nevada Supreme Court may adopt rules not inconsistent with the laws of this State to carry out the provisions of this subsection.
3. In lieu of the affidavit required by subsection 1, the magistrate may take an oral statement given under oath, which must be recorded in the presence of the magistrate or in the magistrates immediate vicinity by a certified court reporter or by electronic means, transcribed, certified by the reporter if the reporter recorded it, and certified by the magistrate.
κ2021 Statutes of Nevada, Page 197 (CHAPTER 47, SB 50)κ
reporter if the reporter recorded it, and certified by the magistrate. The statement must be filed with the clerk of the court.
4. Upon a showing of good cause, the magistrate may order an affidavit or a recording of an oral statement given pursuant to this section to be sealed. Upon a showing of good cause, a court may cause the affidavit or recording to be unsealed.
5. After a magistrate has issued a search warrant, whether it is based on an affidavit or an oral statement given under oath, the magistrate may orally authorize a peace officer to sign the name of the magistrate on a duplicate original warrant. A duplicate original search warrant shall be deemed to be a search warrant. It must be returned to the magistrate who authorized the signing of it. The magistrate shall endorse his or her name and enter the date on the warrant when it is returned. Any failure of the magistrate to make such an endorsement and entry does not in itself invalidate the warrant.
6. The warrant must [be] :
(a) Be directed to a peace officer in the county where the warrant is to be executed [. It must:
(a)] ;
(b) State the grounds or probable cause for its issuance and the names of the persons whose affidavits have been taken in support thereof , [;] or
[(b) Incorporate] incorporate by reference the affidavit or oral statement upon which it is based [.
Κ The warrant must command] ;
(c) Command the peace officer to search forthwith the person or place named for the property specified [.
7. The warrant must direct] ;
(d) Direct that [it] the warrant be served between the hours of 7 a.m. and 7 p.m., unless the magistrate, upon a showing of good cause therefor, inserts a direction that [it] the warrant be served at any time [.
8. The warrant must designate] ;
(e) Designate the magistrate to whom it is to be returned [.
9.] ; and
(f) Indicate whether the search warrant is a no-knock warrant.
7. As used in this section, secure electronic transmission means the sending of information from one computer system to another computer system in such a manner as to ensure that:
(a) No person other than the intended recipient receives the information;
(b) The identity of the sender of the information can be authenticated; and
(c) The information which is received by the intended recipient is identical to the information that was sent.
Sec. 3.7. NRS 179.115 is hereby amended to read as follows:
179.115 NRS 179.015 to 179.115, inclusive, and sections 1.8 to 2.5, inclusive, of this act do not modify any other statute regulating search, seizure and the issuance and execution of search warrants in circumstances for which special provision is made.
Sec. 4. The amendatory provisions of this act apply to a warrant or summons issued on or after October 1, 2021.
________
κ2021 Statutes of Nevada, Page 198κ
Senate Bill No. 444Committee on Finance
CHAPTER 48
[Approved: May 25, 2021]
AN ACT making a supplemental appropriation to the State Distributive School Account for an unanticipated decrease in revenues for the 2019-2020 and 2020-2021 school years; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the State General Fund to the State Distributive School Account created by NRS 387.030 the sum of $268,433,822 for an unanticipated decrease in revenues for the 2019-2020 and 2020-2021 school years. This appropriation is supplemental to that made by section 5 of chapter 376, Statutes of Nevada 2019, as amended by section 65 of chapter 5, Statutes of Nevada 2020, 31st Special Session, at page 64.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 8Committee on Judiciary
CHAPTER 49
[Approved: May 25, 2021]
AN ACT relating to guardianship of minors; establishing provisions relating to the transfer of jurisdiction of a guardianship of a minor to or from another state; establishing provisions relating to the registration and recognition of guardianship orders concerning minors that were issued in another state; revising provisions relating to the appointment of guardians by a court; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes provisions relating to: (1) the transfer of jurisdiction of a guardianship of an adult to or from another state; and (2) the registration and recognition of guardianship orders concerning adults that were issued in another state. (NRS 159.2023-159.2027) Sections 2-5 of this bill establish such provisions for the guardianship of minors.
Section 2 of this bill authorizes a guardian appointed in this State to petition a court to transfer the jurisdiction of the guardianship to another state and requires the court to issue an order provisionally granting the petition if the court makes certain findings. Section 2 also requires the court to issue a final order confirming the transfer and terminating the guardianship upon a petition for termination and the filing of a provisional order accepting the proceeding from the court to which the proceeding is to be transferred.
κ2021 Statutes of Nevada, Page 199 (CHAPTER 49, SB 8)κ
Section 3 of this bill requires a guardian or other interested party who wishes to transfer jurisdiction of a guardianship from another state to this State to petition a court of this State to accept guardianship and requires that such a petition contain certain information. Section 3 generally requires the court to issue a provisional order granting such a petition after a hearing is held and to issue a final order granting guardianship upon the filing of a final order issued by the other state that terminates the proceedings in that state and transfers the proceedings to this State. Section 3 additionally requires the court to determine whether the guardianship needs to be modified to conform to the laws of this State and, if so, to order any such modifications.
Section 4 of this bill provides that: (1) if a petition for the appointment of a guardian is not pending in this State and a guardian has been appointed in another state, the guardian is authorized to petition the court to register the guardianship order in this State; and (2) after a hearing on the petition, the court is required to issue an order granting the petition if there is no contest to the petition. Section 5 of this bill authorizes the guardian, after the registration of such a guardianship, to exercise all powers authorized in the order of appointment except as otherwise prohibited by law. Section 5 also requires a court of this State to recognize and enforce such a registered guardianship but prohibits the court from modifying such a registered guardianship.
Section 6 of this bill revises the definition of home state for the purposes of determining the home state of a child who is less than 6 months of age. Section 7 of this bill authorizes a court to appoint: (1) a guardian of the person or guardian of the person and estate for a minor whose home state is not this State under certain circumstances if the minor is physically present in Nevada; and (2) a guardian of the person, guardian of the estate, or guardian of the person and estate for a minor if the court has jurisdiction to make an initial child custody determination under the Uniform Child Custody Jurisdiction and Enforcement Act. (Chapter 125A of NRS)
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 159A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. A guardian appointed in this State may petition the court to transfer the jurisdiction of the guardianship to another state. Notice of the petition must be given to the persons that would be entitled to notice of a petition in this State for the appointment of a guardian.
2. The court shall issue an order provisionally granting the petition to transfer a guardianship and shall direct the guardian or other interested party to petition for guardianship in the other state if the court finds that:
(a) The protected minor is physically present in, or is reasonably expected to move permanently to, the other state;
(b) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the best interests of the protected minor; and
(c) The plans for care and services for the protected minor in the other state are in the best interests of the protected minor.
κ2021 Statutes of Nevada, Page 200 (CHAPTER 49, SB 8)κ
3. The court shall issue a final order confirming the transfer and terminating the guardianship upon a petition for termination pursuant to NRS 159A.1905 or 159A.191 and filing of a provisional order accepting the proceeding from the court to which the proceeding is to be transferred.
Sec. 3. 1. To transfer jurisdiction of a guardianship to this State, the guardian or other interested party must petition the court of this State for guardianship pursuant to NRS 159A.044 to accept guardianship in this State. The petition must include:
(a) A certified copy of the other states provisional order of transfer;
(b) Proof that the protected minor is physically present in, or is reasonably expected to move permanently to, this State;
(c) A copy of one of the forms of identification of the protected minor set forth in paragraph (c) of subsection 2 of NRS 159A.044; and
(d) A copy of one of the forms of identification of the guardian set forth in paragraph (h) of subsection 2 of NRS 159A.044.
2. Upon the filing of a petition, the clerk of the court shall issue a citation setting forth a time and place for a hearing in accordance with NRS 159A.047.
3. Upon completion of the hearing, the court shall issue a provisional order granting a petition filed under subsection 1, unless:
(a) An objection is made and the objector establishes that transfer of the proceeding would be contrary to the best interests of the protected minor; or
(b) The guardian or petitioner is not qualified for appointment as a guardian in this State pursuant to NRS 159A.061.
4. The court shall issue a final order granting guardianship upon filing of a final order issued by the other state terminating proceedings in that state and transferring the proceedings to this State. The court shall determine whether the guardianship needs to be modified to conform to the laws of this State and, if so, order any such modifications.
5. In granting a petition under this section, the court shall recognize a guardianship order from the other state.
Sec. 4. 1. If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this State, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register and the reason for registration, may petition the court to register the guardianship order in this State by filing as a foreign judgment in a court, in any appropriate county of this State:
(a) Certified copies of the order and letters of office;
(b) A copy of one of the forms of identification of the protected minor set forth in paragraph (c) of subsection 2 of NRS 159A.044; and
(c) A copy of one of the forms of identification of the guardian set forth in paragraph (h) of subsection 2 of NRS 159A.044.
2. Upon the filing of a petition, the clerk of the court shall issue a citation setting forth a time and place for a hearing in accordance with NRS 159A.047.
3. Upon completion of the hearing, if there is no contest to the petition, the court shall issue an order granting a petition filed under subsection 1.
κ2021 Statutes of Nevada, Page 201 (CHAPTER 49, SB 8)κ
Sec. 5. 1. Upon registration of a guardianship, the guardian may exercise in this State all powers authorized in the order of appointment except as prohibited under the laws of this State, including maintaining actions and proceedings in this State.
2. A court of this State may grant any relief available under any law of this State to enforce a registered order.
3. A court of this State shall recognize and enforce, but shall not modify, a registered guardianship of a court of another state.
Sec. 6. NRS 159A.018 is hereby amended to read as follows:
159A.018 Home state means [the] :
1. The state in which the proposed protected minor [was physically present] lived with a parent or a person acting as a parent for at least 6 consecutive months, including any temporary absence from the state, immediately before the filing of a petition for the appointment of a guardian.
2. In the case of a child less than 6 months of age, the state in which the child lived from birth, including any temporary absence from the state, with a parent or a person acting as a parent.
Sec. 7. NRS 159A.0487 is hereby amended to read as follows:
159A.0487 Any court of competent jurisdiction may appoint:
1. Guardians of the person, of the estate, or of the person and estate for minors whose home state is this State.
2. Guardians of the person or of the person and estate for minors who, although not residents of this State [,] or whose home state is not this State, are physically present in this State and whose welfare and best interest requires such an appointment [.] pursuant to chapter 125A of NRS.
3. Guardians of the person, of the estate, or of the person and estate for minors if the court otherwise has jurisdiction to make an initial child custody determination pursuant to NRS 125A.305.
4. Guardians of the estate for nonresident minors who have property within this State.
[4.] 5. Guardians ad litem.
Sec. 8. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 202κ
Senate Bill No. 19Committee on Judiciary
CHAPTER 50
[Approved: May 25, 2021]
AN ACT relating to records of criminal history; establishing provisions authorizing certain entities to obtain information relating to the records of criminal history of certain persons responsible for the safety and well-being of children, elderly persons or persons with disabilities; providing a fee; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing federal law authorizes a state to establish by statute or regulation procedures that require designated qualified entities, which are businesses or organizations that provide care or care placement services to children, elderly persons or persons with disabilities, to contact an authorized state agency to request a nationwide background check to determine whether certain persons have been convicted of a crime that bears upon the persons fitness to have responsibility for the safety and well-being of children, elderly persons or persons with disabilities. (34 U.S.C. §§ 40102(a)(1), 40104(9), 40104(10)) Existing federal law also provides that such procedures include certain requirements. (34 U.S.C. § 40102(b)) Accordingly, this bill establishes provisions that authorize a qualified entity to obtain information relating to the records of criminal history of employees, volunteers, persons applying to be an employee or volunteer and covered individuals of the qualified entity who have access to children, elderly persons or persons with disabilities.
This bill requires a qualified entity to: (1) before submitting a request for screening an employee, volunteer, person applying to be an employee or volunteer or covered individual of the qualified entity, establish an account with the Central Repository for Nevada Records of Criminal History, provide certain written notification to the person regarding his or her rights and obtain from the person a signed waiver that allows the release of information relating to the records of criminal history of the person to the qualified entity; and (2) submit any request for screening a person to the Central Repository by submitting the fingerprints of the person to the Central Repository for its criminal history report and for forwarding to the Federal Bureau of Investigation (FBI) for its criminal history report. Such a request must be accompanied by the payment of a fee for information relating to records of criminal history and the amount required by the FBI for its report.
This bill also requires a qualified entity to determine, after receiving information relating to the records of criminal history of a person, whether the person is fit to have responsibility for the safety and well-being of children, elderly persons or persons with disabilities. Additionally, this bill provides that a qualified entity is not liable for damages solely arising out of the accuracy of any information included in or omitted from the records of criminal history of a person and that this State, any political subdivision of this State or any agency, officer or employee thereof is not liable for damages for providing any requested information. Finally, this bill authorizes the Central Repository to audit any qualified entity that submits a request for screening to ensure compliance with all applicable state and federal laws.
κ2021 Statutes of Nevada, Page 203 (CHAPTER 50, SB 19)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 179A of NRS is hereby amended by adding thereto a new section to read as follows:
1. Before submitting a request for screening pursuant to subsection 2, a qualified entity must:
(a) Establish an account with the Central Repository and, as part of the establishment of such an account, agree to comply with all applicable state and federal laws by signing an agreement approved by the Central Repository.
(b) Provide written notification to any person being screened regarding the right of the person to obtain a copy of his or her background screening report, including, without limitation, any records of criminal history contained in the report, to appeal the results of the background screening report to challenge the accuracy and completeness of any information contained therein, and to obtain a determination as to the validity of such a challenge before the qualified entity makes a final determination as to the fitness of the person to have responsibility for the safety and well-being of children, elderly persons or persons with disabilities. The notification must also include instructions on how to complete the appeals process.
(c) Obtain a signed waiver from any person being screened, on a form approved by the Division, that allows the release of information relating to the records of criminal history of the person to the qualified entity and contains the information required by 34 U.S.C. § 40102(b)(1).
2. A qualified entity shall submit to the Central Repository any request for screening an employee, volunteer, person applying to be an employee or volunteer or covered individual of the qualified entity who has supervised or unsupervised access to children, elderly persons or persons with disabilities by submitting the fingerprints of the person to the Central Repository for its report on the criminal history of the person and for forwarding to the Federal Bureau of Investigation for its report on the criminal history of the person. Each request must be voluntary and conform to the requirements established in the National Child Protection Act of 1993, Public Law 103-209, as amended by the Volunteers for Children Act, Public Law 105-251, 34 U.S.C. §§ 40101 et seq.
3. A request submitted pursuant to subsection 2 must be accompanied by the payment of a fee to the Central Repository as authorized by NRS 179A.140, plus the amount prescribed by the Federal Bureau of Investigation for its report on the criminal history of the person, in accordance with the provisions of 34 U.S.C. § 40102(e).
4. After a request is submitted pursuant to subsection 2, the Central Repository shall provide directly to the qualified entity, as authorized by the signed waiver obtained by the qualified entity pursuant to subsection 1:
(a) Any records of criminal history of the person being screened that are not otherwise confidential pursuant to statute or law. Such a person may challenge the accuracy of such records of criminal history only as provided in this chapter.
(b) Any records of criminal history of the person being screened that were received from the Federal Bureau of Investigation. Any records of criminal history obtained are available for qualified entities to use only for the purpose of screening employees, volunteers, persons applying to be an employee or volunteer or covered individuals of the qualified entity who have supervised or unsupervised access to children, elderly persons or persons with disabilities.
κ2021 Statutes of Nevada, Page 204 (CHAPTER 50, SB 19)κ
criminal history obtained are available for qualified entities to use only for the purpose of screening employees, volunteers, persons applying to be an employee or volunteer or covered individuals of the qualified entity who have supervised or unsupervised access to children, elderly persons or persons with disabilities.
5. The making of a determination as to the fitness of a person to have responsibility for the safety and well-being of children, elderly persons or persons with disabilities is the sole responsibility of the qualified entity that submitted the request for screening. The qualified entity shall make such a determination pursuant to the procedures set forth in the VECHS program based on whether the information relating to the records of criminal history of the person indicates that the person has been convicted of or is subject to pending criminal charges or a pending indictment for any crime that bears upon his or her fitness to have responsibility for the safety and well-being of children, elderly persons or persons with disabilities. The provisions of this section must not be construed to require the Central Repository to make such a determination on behalf of any qualified entity.
6. A qualified entity that is required by law to apply screening criteria, including, without limitation, any right to contest or request an exemption from disqualification, shall apply such screening criteria to any information relating to records of criminal history received from the Central Repository.
7. If a person chooses to appeal the results of a background screening report, the appeals process must meet the requirements established in 34 U.S.C. § 40102(b)(2)(C).
8. A qualified entity is not liable for damages solely arising out of the accuracy of any information included in or omitted from records of criminal history authorized to be obtained pursuant to this section, and the State of Nevada, any political subdivision of the State or any agency, officer or employee thereof is not liable for damages for providing any information relating to records of criminal history requested pursuant to this section.
9. The Central Repository may audit any qualified entity that submits a request for screening pursuant to this section to ensure compliance with all applicable state and federal laws. Each qualified entity shall maintain all signed waivers obtained pursuant to subsection 1 for the purpose of such an audit for one audit cycle as determined by the Department.
10. In addition to complying with the provisions of this section, each qualified entity and the Central Repository shall comply with all applicable provisions of 34 U.S.C. § 40102.
11. As used in this section:
(a) Children has the meaning ascribed to child in NRS 432B.040.
(b) Covered individual has the meaning ascribed to it in 34 U.S.C. § 40104(9).
(c) Disability has the meaning ascribed to it in NRS 426.068.
(d) Division means the Records, Communications and Compliance Division of the Department.
(e) Elderly persons means any persons who are 60 years of age or older.
(f) Record of criminal history has the meaning ascribed to it in NRS 179A.070 and also includes, unless the context otherwise requires, records of criminal history obtained from the Federal Bureau of Investigation.
κ2021 Statutes of Nevada, Page 205 (CHAPTER 50, SB 19)κ
(g) Qualified entity has the meaning ascribed to it in 34 U.S.C. § 40104(10).
(h) VECHS program means the Volunteer and Employee Criminal History System program of the Division through which information relating to the records of criminal history of a person may be requested and obtained by a qualified entity.
Sec. 2. NRS 179A.070 is hereby amended to read as follows:
179A.070 1. Record of criminal history means information contained in records collected and maintained by agencies of criminal justice, the subject of which is a natural person, consisting of descriptions which identify the subject and notations of summons in a criminal action, warrants, arrests, citations for misdemeanors issued pursuant to NRS 171.1773, citations issued for violations of NRS 484C.110, 484C.120, 484C.130 and 484C.430, detentions, decisions of a district attorney or the Attorney General not to prosecute the subject, indictments, informations or other formal criminal charges and dispositions of charges, including, without limitation, dismissals, acquittals, convictions, sentences, information set forth in NRS 209.353 concerning an offender in prison, any postconviction relief, correctional supervision occurring in Nevada, information concerning the status of an offender on parole or probation, and information concerning a convicted person who has registered as such pursuant to chapter 179C of NRS. The term includes only information contained in a record, maintained in written or electronic form, of a formal transaction between a person and an agency of criminal justice in this State, including, without limitation, the fingerprints and other biometric identifiers of a person who is arrested and taken into custody and of a person who is placed on parole or probation and supervised by the Division of Parole and Probation of the Department.
2. Record of criminal history does not include:
(a) Investigative or intelligence information, reports of crime or other information concerning specific persons collected in the course of the enforcement of criminal laws;
(b) Information concerning juveniles;
(c) Posters, announcements or lists intended to identify fugitives or wanted persons and aid in their apprehension;
(d) Original records of entry maintained by agencies of criminal justice if the records are chronological and not cross-indexed;
(e) Records of application for and issuance, suspension, revocation or renewal of occupational licenses, including, without limitation, permits to work in the gaming industry;
(f) Except as otherwise provided in subsection 1, court indexes and records of public judicial proceedings, court decisions and opinions, and information disclosed during public judicial proceedings;
(g) Except as otherwise provided in subsection 1, records of traffic violations constituting misdemeanors;
(h) Records of traffic offenses maintained by the Department to regulate the issuance, suspension, revocation or renewal of drivers or other operators licenses;
(i) Announcements of actions by the State Board of Pardons Commissioners and the State Board of Parole Commissioners, except information concerning the status of an offender on parole or probation; or
κ2021 Statutes of Nevada, Page 206 (CHAPTER 50, SB 19)κ
(j) [Records] Except as otherwise provided in section 1 of this act, records which originated in an agency other than an agency of criminal justice in this State.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 32Committee on Judiciary
CHAPTER 51
[Approved: May 25, 2021]
AN ACT relating to offenders; revising provisions governing certain programs of treatment for offenders established by the Director of the Department of Corrections; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Director of the Department of Corrections, in conjunction with the Division of Public and Behavioral Health of the Department of Health and Human Services and with the approval of the Board of State Prison Commissioners, to establish therapeutic communities to provide treatment to certain offenders with substance use disorders. (NRS 209.4236) Section 8 of this bill eliminates the requirement that the Director establish such therapeutic communities and instead requires the Director to establish programs of treatment for offenders with substance use or co-occurring disorders. Sections 2 and 3 of this bill respectively define co-occurring disorder and program of treatment for offenders with substance use or co-occurring disorders for such purposes. Section 7 of this bill revises the term substance use disorder to conform with the definition contained in the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) published by the American Psychiatric Association. Section 16 of this bill makes a conforming change by eliminating the term therapeutic community.
Under existing law, offenders assigned to a therapeutic community must, to the extent practicable, be housed in areas of a facility or institution that are segregated from offenders not assigned to the therapeutic community. (NRS 209.4236) Section 8 of this bill: (1) authorizes, rather than requires, the Director to segregate offenders assigned to a program of treatment for offenders with substance use or co-occurring disorders from offenders not assigned to such a program; (2) authorizes an offender assigned to a program of treatment for offenders with substance use or co-occurring disorders to be taken outside an institution or facility, under appropriate precautions to prevent escape, to participate in a program of treatment for offenders with substance use or co-occurring disorders; and (3) changes the period of required participation in a program of treatment or aftercare from 1 year to a minimum of 5 months for such a program of treatment and a minimum of 3 months for a program of aftercare, as deemed appropriate.
Existing law also requires the Director, in conjunction with the Division of Public and Behavioral Health of the Department of Health and Human Services and with the approval of the Board of State Prison Commissioners, to establish one or more programs of aftercare to provide continuing treatment to offenders who successfully complete treatment in a therapeutic community. (NRS 209.4238) Section 10 of this bill instead requires the Director to establish programs of aftercare to provide continuing treatment for offenders who successfully complete a program of treatment for offenders with substance use or co-occurring disorders established pursuant to section 8.
κ2021 Statutes of Nevada, Page 207 (CHAPTER 51, SB 32)κ
Sections 4-6 and 9-15 of this bill make conforming changes by replacing the terms therapeutic community and therapeutic communities with the term program of treatment for offenders with substance use or co-occurring disorders.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Co-occurring disorder means the presence of at least one mental disorder and at least one substance use disorder, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders.
Sec. 3. Program of treatment for offenders with substance use or co-occurring disorders means a program:
1. Established pursuant to NRS 209.4236 to provide treatment to certain offenders with substance use or co-occurring disorders; and
2. Which is evidence-based or based on best practices supported by research.
Sec. 4. NRS 209.247 is hereby amended to read as follows:
209.247 Except as otherwise provided in NRS 209.2475, the Director may make the following deductions, in the following order of priority, from any money deposited in the individual account of an offender from any source other than the offenders wages:
1. An amount the Director deems reasonable for deposit with the State Treasurer for credit to the Fund for the Compensation of Victims of Crime created pursuant to NRS 217.260.
2. An amount the Director considers reasonable to meet an existing obligation of the offender for the support of the offenders family.
3. An amount determined by the Director, with the approval of the Board, to offset the cost of maintaining the offender in the institution, as reflected in the budget of the Department. An amount deducted pursuant to this subsection may include, but is not limited to, an amount to offset the cost of participation by the offender pursuant to NRS 209.4231 to 209.4244, inclusive, and sections 2 and 3 of this act in a [therapeutic community] program of treatment for offenders with substance use or co-occurring disorders or a program of aftercare, or both.
4. A deduction pursuant to NRS 209.246.
5. An amount determined by the Director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to his or her release or, if the offender dies before his or her release, to defray expenses related to arrangements for the offenders funeral.
6. An amount the Director considers reasonable to meet an existing obligation of the offender for restitution to a victim of his or her crime.
7. An amount the Director considers reasonable to pay the balance of an administrative assessment included in the judgment entered against the offender for each crime for which the offender is incarcerated and the balance of an unpaid administrative assessment included in a judgment entered against the offender for a crime committed in this state for which the offender was previously convicted. An amount deducted from a source other than the wages earned by the offender during his or her incarceration, pursuant to this subsection, must be submitted:
κ2021 Statutes of Nevada, Page 208 (CHAPTER 51, SB 32)κ
than the wages earned by the offender during his or her incarceration, pursuant to this subsection, must be submitted:
(a) If the offender does not have an administrative assessment owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which he or she is incarcerated.
(b) If the offender has an administrative assessment owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which an administrative assessment is owing, until the balance owing has been paid.
8. An amount the Director considers reasonable to pay the balance of a fine included in the judgment entered against the offender for each crime for which the offender is incarcerated and the balance of an unpaid fine included in a judgment entered against the offender for a crime committed in this state for which the offender was previously convicted. An amount deducted from any source other than the wages earned by the offender during his or her incarceration, pursuant to this subsection, must be submitted:
(a) If the offender does not have a fine owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which he or she is incarcerated.
(b) If the offender has a fine owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which any fine or administrative assessment is owing, until the balance owing has been paid.
9. An amount the Director considers reasonable to pay the balance of any fee imposed upon the offender for genetic marker analysis and included in the judgment entered against the offender pursuant to NRS 176.0915.
Κ The Director shall determine the priority of any other deduction authorized by law from any source other than the wages earned by the offender during his or her incarceration.
Sec. 5. NRS 209.4231 is hereby amended to read as follows:
209.4231 As used in NRS 209.4231 to 209.4244, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 209.4232 [to 209.4235, inclusive,] , 209.4233 and 209.4234 and sections 2 and 3 of this act have the meanings ascribed to them in those sections.
Sec. 6. NRS 209.4233 is hereby amended to read as follows:
209.4233 Program of aftercare means a program that is established pursuant to NRS 209.4238 to provide continuing treatment to those offenders who successfully complete treatment in a [therapeutic community.] program of treatment for offenders with substance use or co-occurring disorders.
Sec. 7. NRS 209.4234 is hereby amended to read as follows:
209.4234 Substance use disorder means a [disorder that causes a person to become addicted to or psychologically or physically dependent on:
1. Alcohol;
2. A controlled substance; or
3. A drug, poison, solvent or toxic inhalant. This subsection does not include tobacco or products made from tobacco.] cluster of cognitive, behavioral and physiological symptoms indicating that a person continues using a substance despite significant substance-related problems.
κ2021 Statutes of Nevada, Page 209 (CHAPTER 51, SB 32)κ
Sec. 8. NRS 209.4236 is hereby amended to read as follows:
209.4236 1. The Director shall, in conjunction with the Division and with the approval of the Board, establish one or more [therapeutic communities] programs of treatment for offenders with substance use or co-occurring disorders to provide treatment to certain offenders with [a] substance use [disorder.] or co-occurring disorders. A [therapeutic community] program of treatment for offenders with substance use or co-occurring disorders must include, but is not limited to, the requirements set forth in this section.
2. A [therapeutic community] program of treatment for offenders with substance use or co-occurring disorders established pursuant to subsection 1 must provide an offender with:
(a) Intensive treatment for a substance use [disorder;] or co-occurring disorder;
(b) A clearly defined set of goals;
(c) A clearly defined structure of authority; and
(d) A highly structured schedule that includes, but is not limited to, the treatment listed in paragraph (a) and, if practicable, programs of employment, general education or vocational training.
3. Except as otherwise provided in NRS 209.4231 to 209.4244, inclusive, and sections 2 and 3 of this act, offenders who are assigned to a [therapeutic community,] program of treatment for offenders with substance use or co-occurring disorders, to the extent practicable as determined by the Director or a person designated by the Director:
(a) [Must] May be housed in areas of a facility or institution that are segregated from other areas of the facility or institution in which offenders who are not assigned to the [therapeutic community] program of treatment for offenders with substance use or co-occurring disorders are housed; [and]
(b) May be taken outside an institution or facility, under appropriate precautions to prevent escape, to participate in a program of treatment for offenders with substance use or co-occurring disorders; and
(c) Must participate in the [therapeutic community] program of treatment for offenders with substance use or co-occurring disorders for a period of [1 year] not less than 5 months and a program of aftercare for a period of [1 year if a program of aftercare is required pursuant to NRS 209.4238.] not less than 3 months, as deemed appropriate for the level of care being offered.
Sec. 9. NRS 209.4237 is hereby amended to read as follows:
209.4237 1. The Director shall, in conjunction with the Division and with the approval of the Board, establish a program to evaluate an offender in the custody of the Department to determine whether the offender has a substance use disorder and whether the offender may benefit from participation in a [therapeutic community.] program of treatment for offenders with substance use or co-occurring disorders.
2. An evaluation of an offender must be conducted pursuant to subsection 1 if the offender is eligible to be assigned to a [therapeutic community.] program of treatment for offenders with substance use or co-occurring disorders.
3. After an evaluation is conducted pursuant to subsection 1, the Director or a person designated by the Director shall determine whether the offender has a substance use disorder and whether the offender may benefit from participation in a [therapeutic community.]
κ2021 Statutes of Nevada, Page 210 (CHAPTER 51, SB 32)κ
from participation in a [therapeutic community.] program of treatment for offenders with substance use or co-occurring disorders.
4. If a determination is made that the offender has a substance use disorder and that the offender may benefit from participation in a [therapeutic community,] program of treatment for offenders with substance use or co-occurring disorders, the Director or a person designated by the Director shall determine whether to assign the offender to participate in a [therapeutic community.] program of treatment for offenders with substance use or co-occurring disorders. In determining whether to assign an offender to participate in a [therapeutic community,] program of treatment for offenders with substance use or co-occurring disorders, the Director or a person designated by the Director shall:
(a) Consider the severity of the problem of the substance use or co-occurring disorder of the offender and the availability of space in each [therapeutic community;] program of treatment for offenders with substance use or co-occurring disorders; and
(b) Give preference, to the extent practicable, to those offenders who appear to be most capable of successfully participating in and completing treatment in a [therapeutic community.] program of treatment for offenders with substance use or co-occurring disorders.
5. To be eligible to be assigned to participate in a [therapeutic community,] program of treatment for offenders with substance use or co-occurring disorders, an offender must be within 2 years of the date on which the offender is reasonably expected to be released, as determined by the Director.
Sec. 10. NRS 209.4238 is hereby amended to read as follows:
209.4238 1. The Director shall, in conjunction with the Division and with the approval of the Board, establish one or more programs of aftercare to provide continuing treatment to those offenders who successfully complete treatment in a [therapeutic community.] program of treatment for offenders with substance use or co-occurring disorders.
2. Except as otherwise provided in NRS 209.4231 to 209.4244, inclusive [:] , and sections 2 and 3 of this act:
(a) An offender who successfully completes treatment in a [therapeutic community] program of treatment for offenders with substance use or co-occurring disorders must be assigned, to the extent practicable as determined by the Director or a person designated by the Director, to a program of aftercare upon completion of treatment in [a therapeutic community.] the program of treatment for offenders with substance use or co-occurring disorders.
(b) An offender shall participate, to the extent practicable as determined by the Director or a person designated by the Director, in a program of aftercare for a period of [1 year.] not less than 3 months, as deemed appropriate for the level of care being offered.
(c) If an offender is assigned to a program of aftercare and, before or during participation in such a program, the offender is released on parole:
(1) The offender shall continue to participate in a program of aftercare, to the extent practicable as determined by the Director or a person designated by the Director and by the State Board of Parole Commissioners; and
(2) That participation, if any, must be made a condition of parole pursuant to NRS 213.1235.
κ2021 Statutes of Nevada, Page 211 (CHAPTER 51, SB 32)κ
(d) If an offender is assigned to a program of aftercare and, before or during participation in such a program, the offender is assigned to serve a term of residential confinement pursuant to NRS 209.392, the offender shall continue to participate in a program of aftercare to the extent practicable as determined by the Director or a person designated by the Director.
Sec. 11. NRS 209.4239 is hereby amended to read as follows:
209.4239 1. The Director or a person designated by the Director may remove an offender from a [therapeutic community] program of treatment for offenders with substance use or co-occurring disorders or a program of aftercare, temporarily or permanently, for any lawful reason or purpose.
2. The Director may impose conditions on the participation of an offender in a [therapeutic community] program of treatment for offenders with substance use or co-occurring disorders or a program of aftercare and may establish sanctions and incentives relating to participation in a [therapeutic community] program of treatment for offenders with substance use or co-occurring disorders or a program of aftercare.
3. The provisions of NRS 209.4231 to 209.4244, inclusive, and sections 2 and 3 of this act do not create a right on behalf of an offender to participate in a [therapeutic community] program of treatment for offenders with substance use or co-occurring disorders or a program of aftercare and do not establish a basis for any cause of action against the State or its officers or employees for denial of the ability to participate in or for removal from a [therapeutic community] program of treatment for offenders with substance use or co-occurring disorders or a program of aftercare.
Sec. 12. NRS 209.424 is hereby amended to read as follows:
209.424 An offender may not participate in a [therapeutic community] program of treatment for offenders with substance use or co-occurring disorders if the offender:
1. Was sentenced to death or a term of imprisonment for life without the possibility of parole; or
2. Is or was eligible to participate in the program of treatment established pursuant to NRS 209.425, whether or not the offender actually participated in or completed that program of treatment.
Sec. 13. NRS 209.4242 is hereby amended to read as follows:
209.4242 To carry out the provisions of NRS 209.4231 to 209.4244, inclusive, and sections 2 and 3 of this act, the Director may contract with persons or private entities that are qualified to evaluate offenders with [a] substance use [disorder] or co-occurring disorders or qualified to administer [therapeutic communities] programs of treatment for offenders with substance use or co-occurring disorders or programs of aftercare.
Sec. 14. NRS 209.4244 is hereby amended to read as follows:
209.4244 The Director shall provide the following information to the Interim Finance Committee on or before January 31 of each even-numbered year and to the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means at the beginning of each regular session of the Legislature:
1. The number of offenders who are currently participating in [therapeutic communities] programs of treatment for offenders with substance use or co-occurring disorders and programs of aftercare;
2. The number of offenders who have participated in [therapeutic communities] programs of treatment for offenders with substance use or co-occurring disorders and programs of aftercare and the number of those offenders who subsequently have been arrested for other offenses; and
κ2021 Statutes of Nevada, Page 212 (CHAPTER 51, SB 32)κ
co-occurring disorders and programs of aftercare and the number of those offenders who subsequently have been arrested for other offenses; and
3. The number of offenders who have successfully completed treatment in [therapeutic communities] programs of treatment for offenders with substance use or co-occurring disorders and programs of aftercare and the number of those offenders who subsequently have been arrested for other offenses.
Κ The Central Repository for Nevada Records of Criminal History shall assist the Director in obtaining all data that is necessary to prepare the information required by subsections 2 and 3.
Sec. 15. NRS 209.463 is hereby amended to read as follows:
209.463 Except as otherwise provided in NRS 209.2475, the Director may make the following deductions, in the following order of priority, from the wages earned by an offender from any source during the offenders incarceration:
1. If the hourly wage of the offender is equal to or greater than the federal minimum wage:
(a) An amount the Director deems reasonable for deposit with the State Treasurer for credit to the Fund for the Compensation of Victims of Crime.
(b) An amount the Director considers reasonable to meet an existing obligation of the offender for the support of his or her family.
(c) An amount determined by the Director, with the approval of the Board, for deposit in the State Treasury for credit to the Fund for New Construction of Facilities for Prison Industries, but only if the offender is employed through a program for prison industries.
(d) An amount determined by the Director for deposit in the individual account of the offender in the Prisoners Personal Property Fund.
(e) An amount determined by the Director, with the approval of the Board, to offset the cost of maintaining the offender in the institution, as reflected in the budget of the Department. An amount deducted pursuant to this paragraph may include, but is not limited to, an amount to offset the cost of participation by the offender pursuant to NRS 209.4231 to 209.4244, inclusive, and sections 2 and 3 of this act in a [therapeutic community] program of treatment for offenders with substance use or co-occurring disorders or a program of aftercare, or both.
(f) A deduction pursuant to NRS 209.246.
(g) An amount determined by the Director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to his or her release, or if the offender dies before his or her release, to defray expenses related to arrangements for his or her funeral.
(h) An amount the Director considers reasonable to meet an existing obligation of the offender for restitution to any victim of his or her crime.
(i) An amount the Director considers reasonable to pay the balance of any fee imposed upon the offender for genetic marker analysis and included in the judgment entered against the offender pursuant to NRS 176.0915.
(j) An amount the Director considers reasonable to pay the balance of an administrative assessment included in the judgment entered against the offender for each crime for which the offender is incarcerated and the balance of an unpaid administrative assessment included in a judgment entered against the offender for a crime committed in this state for which the offender was previously convicted.
κ2021 Statutes of Nevada, Page 213 (CHAPTER 51, SB 32)κ
offender was previously convicted. An amount deducted from the wages of the offender pursuant to this paragraph must be submitted:
(1) If the offender does not have an administrative assessment owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which the offender is incarcerated.
(2) If the offender has an administrative assessment owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which an administrative assessment is owing, until the balance owing has been paid.
(k) An amount the Director considers reasonable to pay the balance of a fine included in the judgment entered against the offender for each crime for which the offender is incarcerated and the balance of an unpaid fine included in a judgment entered against the offender for a crime committed in this state for which the offender was previously convicted. An amount deducted from the wages of the offender pursuant to this paragraph must be submitted:
(1) If the offender does not have a fine owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which the offender is incarcerated.
(2) If the offender has a fine owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which a fine or administrative assessment is owing, until the balance owing has been paid.
Κ The Director shall determine the priority of any other deduction authorized by law from the wages earned by the offender from any source during the offenders incarceration.
2. If the hourly wage of the offender is less than the federal minimum wage:
(a) An amount the Director deems reasonable for deposit with the State Treasurer for credit to the Fund for the Compensation of Victims of Crime.
(b) An amount determined by the Director, with the approval of the Board, for deposit in the State Treasury for credit to the Fund for New Construction of Facilities for Prison Industries, but only if the offender is employed through a program for prison industries.
(c) An amount determined by the Director for deposit in the individual account of the offender in the Prisoners Personal Property Fund.
(d) An amount determined by the Director, with the approval of the Board, to offset the cost of maintaining the offender in the institution, as reflected in the budget of the Department. An amount deducted pursuant to this paragraph may include, but is not limited to, an amount to offset the cost of participation by the offender pursuant to NRS 209.4231 to 209.4244, inclusive, and sections 2 and 3 of this act in a [therapeutic community] program of treatment for offenders with substance use or co-occurring disorders or a program of aftercare, or both.
(e) A deduction pursuant to NRS 209.246.
(f) An amount the Director considers reasonable to pay the balance of any fee imposed upon the offender for genetic marker analysis and included in the judgment entered against the offender pursuant to NRS 176.0915.
(g) An amount determined by the Director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to the offenders release, or if the offender dies before the offenders release, to defray expenses related to arrangements for the offenders funeral.
κ2021 Statutes of Nevada, Page 214 (CHAPTER 51, SB 32)κ
the offenders release, or if the offender dies before the offenders release, to defray expenses related to arrangements for the offenders funeral.
Κ The Director shall determine the priority of any other deduction authorized by law from the wages earned by the offender from any source during the offenders incarceration.
Sec. 16. NRS 209.4235 is hereby repealed.
Sec. 17. This act becomes effective upon passage and approval.
________
Senate Bill No. 41Committee on Judiciary
CHAPTER 52
[Approved: May 25, 2021]
AN ACT relating to criminal procedure; revising provisions relating to orders authorizing the installation and use of a pen register or trap and trace device; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a district court to issue an order that allows the use of a pen register or trap and trace device in accordance with the conditions provided in federal law if the request for such an order is supported by an affidavit signed by a peace officer. (NRS 179.530) This bill revises the definition of peace officer, as used in such a context, to include federal law enforcement officers who are members of a task force comprised of federal and state or local law enforcement agencies. This bill also: (1) prohibits, except as otherwise provided in federal law, a person from installing or using a pen register or trap and trace device without first obtaining an order from a district court of this State; (2) authorizes a peace officer to apply to a district court for an order that allows the installation and use of a pen register or trap and trace device; (3) eliminates the reference to the provisions of federal law as those provisions existed on July 1, 1989; (4) authorizes the district court to accept a facsimile or electronic copy of the signature of any person required to give an oath or affirmation as part of an application for an order authorizing the installation and use of a pen register or trap and trace device as an original signature to the application; (5) authorizes the use of secure electronic transmission for the submission of an application and affidavit for, and the issuance of, an order authorizing the installation and use of a pen register or trap and trace device; and (6) makes a technical, nonsubstantive, change to the statute by reorganizing the language of the statute to be consistent with the style and format of the Nevada Revised Statutes.
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 179.530 is hereby amended to read as follows:
179.530 1. Except as otherwise provided in 18 U.S.C. §§ 3121-3127, a person shall not install or use a pen register or trap and trace device without first obtaining an order from a district court of this State.
2. District courts of this State may issue orders authorizing the installation and use of a pen register or trap and trace device upon the application of a district attorney, the Attorney General or their deputies [,] or of a peace officer, supported by an affidavit of a peace officer under the circumstances and upon the conditions prescribed by 18 U.S.C. §§ 3121-3127 .
κ2021 Statutes of Nevada, Page 215 (CHAPTER 52, SB 41)κ
application of a district attorney, the Attorney General or their deputies [,] or of a peace officer, supported by an affidavit of a peace officer under the circumstances and upon the conditions prescribed by 18 U.S.C. §§ 3121-3127 . [as those provisions existed on July 1, 1989.
2.] 3. The district court may accept a facsimile or electronic copy of the signature of any person required to give an oath or affirmation as part of an application submitted pursuant to subsection 2 as an original signature to the application.
4. Secure electronic transmission may be used for the submission of an application and affidavit required by subsection 2 and for the issuance of an order authorizing the installation and use of a pen register or trap and trace device. The Nevada Supreme Court may adopt rules not inconsistent with the laws of this State to carry out the provisions of this subsection.
5. A public utility that relies, in good faith, upon an order of a district court authorizing the installation and use of a pen register or trap and trace device is not liable in any civil or criminal action brought against the public utility for the installation and use of the pen register or trap and trace device in accordance with the order of the court.
6. As used in this section [, peace] :
(a) Peace officer means:
[(a)] (1) Sheriffs of counties and metropolitan police departments and their deputies;
[(b)] (2) Personnel of the Department of Public Safety who have the powers of peace officers pursuant to NRS 289.270;
[(c)] (3) Police officers of cities and towns;
[(d)] (4) Agents of the Nevada Gaming Control Board who are investigating any violation of subsection 2 or 3 of NRS 463.360 or chapter 465 of NRS;
[(e)] (5) Special investigators employed by the Attorney General who have the powers of peace officers pursuant to NRS 289.170;
[(f)] (6) Investigators employed by a district attorney who have the powers of peace officers pursuant to NRS 289.170; [and
(g)] (7) The Inspector General of the Department of Corrections and the criminal investigators employed by the Department who have the powers of peace officers pursuant to NRS 289.220 [.
3. A public utility that relies, in good faith, upon an order of a district court authorizing the use of a pen register or trap and trace device is not liable in any civil or criminal action brought against the public utility for the use of the pen register or trap and trace device in accordance with the order of the court.] ; and
(8) Federal law enforcement officers who are members of a task force comprised of federal and state or local law enforcement agencies.
(b) Pen register has the meaning ascribed to it in 18 U.S.C. § 3127(3).
(c) Secure electronic transmission means the sending of information from one computer system to another computer system in such a manner as to ensure that:
(1) No person other than the intended recipient receives the information;
(2) The identity and signature of the sender of the information can be authenticated; and
κ2021 Statutes of Nevada, Page 216 (CHAPTER 52, SB 41)κ
(3) The information which is received by the intended recipient is identical to the information that was sent.
(d) Trap and trace device has the meaning ascribed to it in 18 U.S.C. § 3127(4).
________
Senate Bill No. 42Committee on Judiciary
CHAPTER 53
[Approved: May 25, 2021]
AN ACT relating to courts; revising provisions governing the printing and distribution of certain court rules and the decisions of the Nevada Supreme Court and the Nevada Court of Appeals; eliminating the requirement for the Nevada Supreme Court to provide by rule for mandatory training concerning certain litigation involving medical malpractice for certain district judges; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Legislative Counsel to keep the material in the Nevada Revised Statutes and its annotations current by preparing and having printed replacement and supplementary pages of the Nevada Revised Statutes. (NRS 220.100, 220.160) Under existing law, the Nevada Revised Statutes is required to include the rules of the Nevada Supreme Court and the district courts of this State. (NRS 220.110) Section 8 of this bill removes the requirement for the inclusion of these rules in the Nevada Revised Statutes. Section 1 of this bill instead requires the Nevada Supreme Court to cause the printing in pamphlet, book or electronic form of the rules of the Nevada Supreme Court and the district courts of this State. Section 1 additionally requires the Nevada Supreme Court to distribute a copy of these rules without charge to certain persons and agencies entitled by existing law to receive without charge decisions of the Nevada Supreme Court and the Nevada Court of Appeals. (NRS 2.345)
Existing law creates the State Printing Office within the Legislative Counsel Bureau and provides that the head of the State Printing Office is the State Printer. (NRS 344.021) Under existing law, the Clerk of the Nevada Supreme Court and the Official Reporter, as the reporters of decisions, are required to make a synopsis and file with the State Printer a copy of each opinion and synopsis of the Nevada Supreme Court and the Nevada Court of Appeals. (NRS 2.320) Upon receipt of each opinion and synopsis, the State Printer is required to: (1) print each Supreme Court decision and Court of Appeals decision in pamphlet form, which is commonly referred to as the Advance Opinions; and (2) furnish the Clerk of the Nevada Supreme Court with as many copies of the Advance Opinions as the Clerk determines is necessary for distribution to certain persons. (NRS 2.340) Sections 3 and 4 of this bill remove the requirement that the State Printer print the Advance Opinions and, instead, require the Nevada Supreme Court to cause the printing of the Advance Opinions in pamphlet or electronic form. Section 5 of this bill: (1) specifies that the Nevada Supreme Court is authorized to distribute the Advance Opinions in either pamphlet form or electronic form to certain persons and agencies entitled by existing law to receive the Advance Opinions without charge; and (2) adds the Legislative Counsel to the list of persons entitled to receive the Advance Opinions without charge. (NRS 2.345) Section 2 of this bill removes the authority of the Clerk of the Nevada Supreme Court to charge a fee for decisions of the Supreme Court compiled in electronic format to certain persons entitled by section 5 to receive without charge decisions of the Nevada Supreme Court and the Nevada Court of Appeals in pamphlet or electronic form.
κ2021 Statutes of Nevada, Page 217 (CHAPTER 53, SB 42)κ
fee for decisions of the Supreme Court compiled in electronic format to certain persons entitled by section 5 to receive without charge decisions of the Nevada Supreme Court and the Nevada Court of Appeals in pamphlet or electronic form.
Existing law: (1) requires the State Printer to cause to be printed bound volumes of the decisions of the Nevada Supreme Court and the Nevada Court of Appeals, which are known as the Nevada Reports; (2) requires the Director of the Legislative Counsel Bureau to distribute each volume of Nevada Reports without charge to certain persons; and (3) authorizes the Director to sell Nevada Reports. (NRS 2.350, 2.380, 345.020, 345.050) Sections 6, 11, 12 and 14 of this bill transfer these duties and authorities to the Nevada Supreme Court. Section 11 of this bill additionally: (1) specifies that the Nevada Supreme Court is authorized to distribute in either book form or electronic form each volume of Nevada Reports to persons entitled by existing law to receive Nevada Reports; and (2) adds the Legislative Counsel to the list of persons entitled to receive Nevada Reports without charge. (NRS 345.020) Section 14 of this bill further provides that money received by the Nevada Supreme Court from the sale of Nevada Reports is required to be accounted for separately in the State General Fund for the exclusive use of the Nevada Supreme Court.
Sections 7, 9, 10, 13 and 15 of this bill make conforming changes relating to the transfer of the duty to cause the printing of the decisions of the Nevada Supreme Court and the Nevada Court of Appeals from the State Printer to the Nevada Supreme Court.
Section 16 of this bill eliminates a statutory requirement for the Nevada Supreme Court to provide by rule for mandatory training concerning the complex issues involved in certain medical malpractice cases for each district judge to whom such cases are assigned. (NRS 3.029)
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 2 of NRS is hereby amended by adding thereto a new section to read as follows:
The Supreme Court shall:
1. Cause the printing of the rules promulgated by the Supreme Court and the district courts in pamphlet, book or electronic form; and
2. Distribute without charge a copy of the rules printed pursuant to subsection 1 to each person and agency entitled to a copy of the decisions of the Supreme Court and the Court of Appeals in pamphlet or electronic form pursuant to NRS 2.345.
Sec. 2. NRS 2.250 is hereby amended to read as follows:
2.250 1. The Clerk of the Supreme Court may demand and receive for the services of the Clerk rendered in discharging the duties imposed upon him or her by law the following fees:
(a) Except as otherwise provided in paragraph (d), whenever an appeal is taken to the Supreme Court, or whenever a special proceeding by way of mandamus, certiorari, prohibition, quo warranto, habeas corpus, or otherwise is brought in or to the Supreme Court, the appellant and any cross-appellant or the party bringing a special proceeding shall, at or before the appeal, cross-appeal or petition for a special proceeding has been entered on the docket, pay to the Clerk of the Supreme Court the sum of $200.
(b) Except as otherwise provided in paragraph (d), a party to an appeal or special proceeding who petitions the Supreme Court for a rehearing shall, at the time of filing such a petition, pay to the Clerk of the Supreme Court the sum of $100.
κ2021 Statutes of Nevada, Page 218 (CHAPTER 53, SB 42)κ
(c) Except as otherwise provided in paragraph (d), in addition to the fees required pursuant to paragraphs (a) and (b):
(1) Whenever an appeal is taken to the Supreme Court, or whenever a special proceeding by way of mandamus, certiorari, prohibition, quo warranto, habeas corpus, or otherwise is brought in or to the Supreme Court, the appellant and any cross-appellant or the party bringing a special proceeding shall, at or before the appeal, cross-appeal or petition for a special proceeding has been entered on the docket, pay to the Clerk of the Supreme Court a court automation fee of $50.
(2) A party to an appeal or special proceeding who petitions the Supreme Court for a rehearing shall, at the time of filing such a petition, pay to the Clerk of the Supreme Court a court automation fee of $50.
Κ The Clerk of the Supreme Court shall remit the fees collected pursuant to this paragraph to the State Controller for credit to a special account in the State General Fund. The State Controller shall distribute the money received to the Office of Court Administrator to be used for advanced and improved technological purposes in the Supreme Court. The special account is restricted to the use specified, and the balance in the special account must be carried forward at the end of each fiscal year. As used in this paragraph, technological purposes means the acquisition or improvement of technology, including, without limitation, acquiring or improving technology for converting and archiving records, purchasing hardware and software, maintaining the technology, training employees in the operation of the technology and contracting for professional services relating to the technology.
(d) No fees may be charged by the Clerk in:
(1) Any action brought in or to the Supreme Court wherein the State of Nevada or any county, city or town thereof, or any officer or commission thereof is a party in his, her or its official or representative capacity, against the State of Nevada, county, city, town, officer or commission;
(2) A habeas corpus proceeding of a criminal or quasi-criminal nature; or
(3) An appeal taken from, or a special proceeding arising out of, a criminal proceeding.
(e) A fee of $60 for Supreme Court decisions in pamphlet form for each year, or a fee of $30 for less than a 6 months supply of decisions, to be collected from each person who requests such decisions, except those persons and agencies set forth in NRS 2.345. The Clerk may charge a reasonable fee to all parties [, including, without limitation, the persons and agencies set forth in NRS 2.345,] for access to decisions of the Supreme Court compiled in an electronic format [.] , except those persons and agencies set forth in NRS 2.345.
(f) A fee from a person who requests a photostatic copy or a photocopy print of any paper or document in an amount determined by the justices of the Supreme Court.
2. The Clerk of the Supreme Court shall not charge any fee that is not authorized by law.
3. The Clerk of the Supreme Court shall keep a fee book or electronic record in which the Clerk shall enter in detail the title of the matter, proceeding or action, and the fees charged therein. The fee book or electronic record, as applicable, must be open to public inspection in the office of the Clerk.
κ2021 Statutes of Nevada, Page 219 (CHAPTER 53, SB 42)κ
4. The Clerk of the Supreme Court shall publish and post by conventional or electronic means, in some conspicuous place in the Clerks office and on the Internet website of the Clerk, a table of fees for public inspection.
5. All fees prescribed in this section must be paid in advance, if demanded. If the Clerk of the Supreme Court has not received any or all of the fees which are due to the Clerk for services rendered in any suit or proceeding, the Clerk may have execution therefor in the Clerks own name against the party from whom they are due, to be issued from the Supreme Court upon order of a justice thereof or from the Court upon affidavit filed.
6. The Clerk of the Supreme Court shall give a receipt on demand of the party paying a fee. The receipt must specify the title of the cause in which the fee is paid and the date and the amount of the payment.
7. The Clerk of the Supreme Court shall, when depositing with the State Treasurer money received for Court fees, render to the State Treasurer a brief note of the cases in which the money was received.
Sec. 3. NRS 2.320 is hereby amended to read as follows:
2.320 The Clerk of the Supreme Court and the Official Reporter are ex officio reporters of decisions. Whenever any case is finally determined by the Supreme Court or the Court of Appeals, the reporters of decisions shall make a synopsis of the opinion and decision of the Supreme Court or the Court of Appeals, as applicable, in the case. [A copy of the opinion together with the synopsis must be filed by the reporters of decisions with the State Printer.]
Sec. 4. NRS 2.340 is hereby amended to read as follows:
2.340 [1.] The [State Printer shall furnish the reporters of decisions with proof sheets for their verification and correction before publication in permanent form. The State Printer then] Supreme Court shall [print immediately] cause the printing of each complete Supreme Court decision and Court of Appeals decision in pamphlet or electronic form . [and shall furnish the Clerk of the Supreme Court with as many pamphlet copies of each decision as the Clerk determines are necessary for distribution to licensed attorneys, or any person mentioned in NRS 2.345, or for his or her use and the use of the justices of the Supreme Court and the judges of the Court of Appeals. Each decision must be printed and pamphlet copies returned to the Clerk of the Supreme Court within 14 days, not including the day of delivery, after the decision has been furnished to the State Printer by the Clerk of the Court. For good cause shown, the Chief Justice of the Supreme Court may extend the time within which the decision or decisions may be published.
2. At the time of delivering the copy of any decision to the State Printer pursuant to the provisions of NRS 2.320, which must be immediately after the decision is filed, the Clerk of the Supreme Court shall take a receipt for the decision. The receipt must set forth the date of delivery and the title and number of the case.]
Sec. 5. NRS 2.345 is hereby amended to read as follows:
2.345 The following persons and agencies are entitled to the [supreme court] decisions of the Supreme Court and the Court of Appeals in pamphlet or electronic form without charge:
1. Each of the judges of the District Court of the United States, one copy.
2. The Supreme Court Law Library, two copies.
κ2021 Statutes of Nevada, Page 220 (CHAPTER 53, SB 42)κ
3. Each state officer, district judge, district attorney, county clerk, justice of the peace and municipal judge in this State, one copy.
4. The Legislative Counsel.
5. Each public library in this State, one copy.
[5.] 6. Each library in the Nevada System of Higher Education, one copy.
[6.] 7. Each newspaper published in this State, and each commercial television and radio station transmitting in this State, one copy upon its annual request therefor.
Sec. 6. NRS 2.380 is hereby amended to read as follows:
2.380 The [State Printer] Supreme Court shall cause to be printed [upon good paper and in a workmanlike manner, bound in buckram and delivered to the Legislative Counsel Bureau] a number of copies of each volume of decisions published on or after [February 16, 1967, not less than 750 and] October 1, 2021, sufficient in the opinion of the [Director of the Legislative Counsel Bureau] Chief Justice of the Supreme Court to meet the requirements for free distribution pursuant to NRS 345.020 and for sale.
Sec. 7. NRS 3.160 is hereby amended to read as follows:
3.160 1. Upon the certification by any district judge of any judicial district or by the county clerk of any county to the Director of the Legislative Counsel Bureau certifying that certain volumes of the Statutes of Nevada or certain volumes of Nevada Reports printed before October 1, 2021, are missing from the library of any district judge, the Legislative Counsel Bureau shall furnish, free of charge from the supply on hand, to the district judge in any judicial district, the missing volumes of the Statutes of Nevada or Nevada Reports for use by the district judge in the district judges library.
2. Upon certification by any district judge of any judicial district or by the county clerk of any county to the Clerk of the Supreme Court certifying that certain volumes of Nevada Reports printed on or after October 1, 2021, are missing from the library of any district judge, the Clerk of the Supreme Court shall furnish, free of charge from the supply on hand, to the district judge in any judicial district, the missing volumes of Nevada Reports for use by the district judge in the district judges library.
Sec. 8. NRS 220.110 is hereby amended to read as follows:
220.110 Nevada Revised Statutes shall contain:
1. The Constitution of the United States.
2. The Constitution of the State of Nevada.
3. The laws of this state of general application.
4. A full and accurate index of the statute laws.
5. Such annotations, historical notes [, Supreme Court and district court rules] and other information as the Legislative Counsel deems appropriate to include.
Sec. 9. NRS 344.040 is hereby amended to read as follows:
344.040 The State Printer shall:
1. Supervise the operations of the State Printing Office.
2. Take charge of and be responsible for all manuscripts or other matter which may be delivered to the State Printer for printing or reproduction.
3. Receive and promptly execute all orders for printing or reproduction required by the Legislative Counsel Bureau [,] or the Nevada Legislature . [or the Supreme Court of Nevada.]
4. Maintain perpetual inventory records of equipment in the State Printing Office.
κ2021 Statutes of Nevada, Page 221 (CHAPTER 53, SB 42)κ
Sec. 10. NRS 344.047 is hereby amended to read as follows:
344.047 No governmental entity is required to use the services of the State Printing Office, and the State Printing Office is not required to produce any work for a governmental entity, except with respect to work required by statute to be produced for [:
1. The] the Legislative Counsel Bureau or the Nevada Legislature . [; and
2. The Supreme Court of Nevada.]
Sec. 11. NRS 345.020 is hereby amended to read as follows:
345.020 [Upon receipt of copies of each volume of Nevada Reports from the State Printer, the Director of the Legislative Counsel Bureau] The Supreme Court shall distribute [them] each volume of Nevada Reports in book or electronic form without charge as follows:
1. To each of the judges of the District Court of the United States for the District of Nevada, one copy.
2. The Supreme Court Law Library, two copies.
3. To each justice of the Supreme Court, Clerk of the Supreme Court, judge of the Court of Appeals, district judge, district attorney, county clerk, justice of the peace and municipal judge in this State, one copy.
4. The Legislative Counsel.
5. To each public library in this State, one copy.
[5.] 6. To each library in the Nevada System of Higher Education, one copy.
[6.] 7. To the Nevada Historical Society, one copy.
[7.] 8. Upon request, to any state, county or municipal officer.
Sec. 12. NRS 345.023 is hereby amended to read as follows:
345.023 The Legislative Counsel Bureau shall distribute, free of charge, such additional copies of the Statutes of Nevada [and of Nevada Reports] to the Supreme Court Law Library as in the opinion of the Director thereof may secure an interchange of appropriate works for the library.
Sec. 13. NRS 345.040 is hereby amended to read as follows:
345.040 1. The Legislative Counsel Bureau shall stamp or mark all books to be distributed [,] by the Legislative Counsel Bureau or the Supreme Court, as provided by law, to Supreme Court justices, judges of the Court of Appeals, district judges, state, county and municipal officers, justices of the peace and municipal judges as follows: State property, to be turned over to your successor in office.
2. Each person who receives a book so distributed shall retain the book for the use of the persons office and deliver all books so received to the persons successor in office, who shall give his or her receipt therefor.
3. The Legislative Counsel Bureau or the Nevada Supreme Court, as applicable, shall keep proper records showing to whom the books were issued and the location of the books so distributed, and shall file the records in its office. Except as otherwise provided in NRS 3.160, the Legislative Counsel Bureau or the Supreme Court, as applicable, shall not supply a missing or second volume other than at the price established pursuant to NRS 345.050.
Sec. 14. NRS 345.050 is hereby amended to read as follows:
345.050 1. The Director of the Legislative Counsel Bureau may sell the following publications:
(a) [Nevada Reports.
(b)] Statutes of Nevada.
κ2021 Statutes of Nevada, Page 222 (CHAPTER 53, SB 42)κ
[(c)] (b) Compilation of laws:
(1) Compiled Laws of Nevada (1861 — 1873), by Bonnifield and Healy (two volumes).
(2) General Statutes Nevada 1885 (1861 — 1885), by Baily & Hammond.
(3) Compiled Laws of Nevada 1861 — 1900, by Cutting.
(4) Revised Laws of Nevada 1912, Volumes I and II (two volumes).
(5) Revised Laws of Nevada 1919, Volume III.
(6) Nevada Revised Statutes with annotations, including replacement and supplementary pages.
[(d)] (c) Miscellaneous publications:
(1) Nevada Constitutional Debates & Proceedings 1864.
(2) Nevada and Sawyers Digest 1878.
(3) Nevada Digest Annotated (1912), by Patrick.
(4) Journals of the Assembly or Senate.
(5) Appendices to journals of Senate and Assembly.
2. The Director shall:
(a) Set the prices for the publications sold pursuant to subsection 1.
(b) Charge and collect a fee to cover the costs of postage and handling related to the sale of copies of Nevada Reports.
3. No volume may be sold or delivered until the purchase price for the volume and the fee for postage and handling have been paid.
4. [Money received from the sale of Nevada Reports, excluding any money collected for postage and handling, must be deposited in the State General Fund.] Money received from the sale of all [other] publications enumerated in subsection 1 [and any money collected for postage and handling related to the sale of Nevada Reports] must be deposited in the Legislative Fund.
5. The Supreme Court may sell copies of volumes of Nevada Reports at prices set by the Supreme Court, and money received from such sales, including, without limitation, money collected for postage and handling related to such sales, must be accounted for separately in the State General Fund for the exclusive use of the Supreme Court.
Sec. 15. NRS 380.170 is hereby amended to read as follows:
380.170 Upon request, the Director of the Legislative Counsel Bureau shall distribute without charge to the county clerk of each county, for the use of the law library established therein pursuant to the provisions of this chapter:
1. A copy of each publication provided in NRS 345.050.
2. A copy of [each volume of Nevada Reports and] the Statutes of Nevada theretofore published.
3. A copy of each other publication of the Legislative Counsel Bureau.
Sec. 16. NRS 3.029 is hereby repealed.
________
κ2021 Statutes of Nevada, Page 223κ
Senate Bill No. 62Committee on Judiciary
CHAPTER 54
[Approved: May 25, 2021]
AN ACT relating to solicitation of contributions; expanding the types of organizations required to register with the Secretary of State as a charitable organization and make certain disclosures in connection with the solicitation of contributions; revising provisions governing the information required to be filed with the Secretary of State to register as a charitable organization; revising the information required to be disclosed in connection with the solicitation of contributions; revising provisions governing the solicitation of contributions by certain charitable organizations and nonprofit corporations; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires certain charitable organizations that are exempt from federal income taxes pursuant to 26 U.S.C. § 501(c)(3) and that solicit charitable contributions in this State to register annually with the Secretary of State by filing certain information and a financial report with the Secretary of State. (NRS 82A.100, 82A.110) Existing law also requires a solicitation for any contribution by, for or on behalf of such a charitable organization or certain other nonprofit organizations to contain certain disclosures. (NRS 82A.200, 82A.210) Sections 1 and 2 of this bill expand the requirements to register annually with the Secretary of State and provide certain disclosures in connection with the solicitation of contributions to include the following entities that are not exempt from federal income taxes pursuant to 26 U.S.C. § 501(c)(3) and that solicit certain types of contributions: (1) entities that are established for any benevolent, philanthropic, patriotic, educational, humane, scientific, public health, environmental conservation, civic or other eleemosynary purpose; (2) entities that are established for the benefit of law enforcement, firefighting or public safety personnel; and (3) entities that employ a charitable appeal or reason in soliciting contributions. Section 3 of this bill makes conforming changes to the information required to be included in a registration filed with the Secretary of State to reflect that an entity required to register may not be registered as tax-exempt with the Internal Revenue Service or organized as an entity filed with the Secretary of State. Section 5 of this bill makes various changes to the information required to be disclosed in a solicitation by a charitable organization to reflect the expansion of the types of organizations required to provide such disclosures. Sections 4, 6, 7 and 9 of this bill make conforming changes to refer to terminology revised by section 2.
Existing law prohibits a person who plans, conducts or executes a solicitation for or on behalf of a charitable organization or nonprofit corporation from making certain false claims or omitting certain facts in the solicitation, and provides that engaging in such acts constitutes a deceptive trade practice. (NRS 598.1305) Section 8 of this bill expands the types of charitable organizations subject to these provisions to apply the prohibitions to the additional charitable organizations subject to the registration and disclosure requirements.
κ2021 Statutes of Nevada, Page 224 (CHAPTER 54, SB 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 82A.025 is hereby amended to read as follows:
82A.025 1. Charitable organization means any person who, directly or indirectly, solicits contributions, and who [the] :
(a) The Secretary of the Treasury has determined to be tax exempt pursuant to the provisions of section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3) [.] ;
(b) Is or purports to be established for:
(1) Any benevolent, philanthropic, patriotic, educational, humane, scientific, public health, environmental conservation, civic or other eleemosynary purpose; or
(2) The benefit of law enforcement, firefighting or other public safety personnel; or
(c) In any manner employs:
(1) A charitable appeal as the basis of any solicitation; or
(2) An appeal that suggests there is a charitable reason for the solicitation.
2. The term does not include an organization that is established for and serving bona fide religious purposes.
3. As used in this section, charitable reason means:
(a) Any reason described in section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3);
(b) Any benevolent, philanthropic, patriotic, educational, humane, scientific, public health, environmental conservation, civic or other eleemosynary reason; or
(c) Any objective that benefits law enforcement, firefighting or other public safety personnel.
Sec. 2. NRS 82A.040 is hereby amended to read as follows:
82A.040 1. Contribution means the promise or grant of any money or property of any kind or value.
2. The term does not include any:
(a) Bona fide fees; or
(b) Dues or assessments paid by members, if the membership is not conferred solely as a consideration for making a contribution in response to a solicitation.
3. Nothing in this section shall be construed to require a contribution to be tax deductible pursuant to the provisions of section 170 of the Internal Revenue Code, 26 U.S.C. § 170.
Sec. 3. NRS 82A.100 is hereby amended to read as follows:
82A.100 1. Except as otherwise provided in NRS 82A.110, a charitable organization shall not solicit [charitable] contributions in this State, or have [charitable] contributions solicited in this State on its behalf by another person, unless the charitable organization is registered with the Secretary of State pursuant to this section. Each chapter, branch or affiliate of a charitable organization may register separately.
2. A charitable organization that wishes to register with the Secretary of State as set forth in subsection 1 must file on a form prescribed by the Secretary of State:
κ2021 Statutes of Nevada, Page 225 (CHAPTER 54, SB 62)κ
(a) The information required by subsection 4; and
(b) A financial report that satisfies the requirements of subsection 5.
3. If a charitable organization is:
(a) An entity required to file an initial or annual list with the Secretary of State pursuant to this title, the charitable organization must file the information and financial report required by subsection 2 at the time of filing the initial list and at the time of filing each annual list. If the charitable organization did not file the information and financial report required by subsection 2 at the time of filing its initial list or at the time of filing its most recent annual list, it must file the information required by subsection 2 before soliciting [charitable] contributions in this State, or having [charitable] contributions solicited in this State on its behalf by another person, and thereafter at the time of filing each annual list.
(b) Not an entity required to file an initial or annual list with the Secretary of State pursuant to this title, the charitable organization must file the information and financial report required by subsection 2 before it solicits [charitable] contributions in this State, or has [charitable] contributions solicited in this State on its behalf by another person, and annually thereafter on the last day of the month in which the anniversary date of the initial filing of the information and financial report.
4. The form required by subsection 2 must include, without limitation:
(a) The [exact] full legal name of the charitable organization ; [as registered with the Internal Revenue Service;]
(b) The federal tax identification number of the charitable organization [;] , if applicable;
(c) [The name of the charitable organization as registered with the Secretary of State or, in the case of a foreign charitable organization, the name of the foreign charitable organization as filed in its jurisdiction of origin;
(d)] The name or names under which the charitable organization intends to solicit [charitable] contributions;
[(e)] (d) One of the following:
(1) The address and telephone number of the principal place of business of the charitable organization and the address and telephone number of any offices of the charitable organization in this State ; or [, if]
(2) If the charitable organization does not maintain an office in this State [,] or does not maintain an office, the name, address and telephone number of the custodian of the financial records of the charitable organization;
[(f)] (e) The names and addresses, either residence or business, of the executive personnel of the charitable organization;
[(g)] (f) The last day of the fiscal year of the charitable organization;
[(h)] (g) The jurisdiction and date of the formation of the charitable organization;
[(i)] (h) The tax exempt status of the charitable organization [;] , if applicable;
[(j)] (i) If the charitable organization does not file with the Secretary of State articles of incorporation or any other formation document, including, without limitation, a foreign qualification document, as defined in NRS 77.090:
κ2021 Statutes of Nevada, Page 226 (CHAPTER 54, SB 62)κ
(1) The purpose for which the charitable organization is organized; and
(2) The names and addresses, either residence or business, of the officers, directors and trustees of the charitable organization; and
[(k)] (j) Any other information deemed necessary by the Secretary of State, as prescribed by regulations adopted by the Secretary of State pursuant to NRS 82A.085.
5. Except as otherwise provided in this subsection, a financial report must contain the financial information of the charitable organization for the most recent fiscal year. In the discretion of the Secretary of State, the financial report may be a copy of the Form 990 of the charitable organization, with all schedules except the schedules of donors, for the most recent fiscal year. If a charitable organization was first formed within the past year and does not have any financial information or a Form 990 for its most recent fiscal year, the charitable organization must complete the financial report on a form prescribed by the Secretary of State using good faith estimates for its current fiscal year.
6. All information and the financial report filed pursuant to this section are public records. The filing of information pursuant to this section is not an endorsement of any charitable organization by the Secretary of State or the State of Nevada.
Sec. 4. NRS 82A.110 is hereby amended to read as follows:
82A.110 1. A charitable organization is not required to be registered with the Secretary of State pursuant to NRS 82A.100 during any year in which its only solicitations for contributions, donations, gifts or the like are:
(a) Directed only to a total of fewer than 15 persons annually;
(b) Directed only to persons who are related within the third degree of consanguinity or affinity to the officers, directors, trustees or executive personnel of the charitable organization;
(c) Appeals for funds to benefit a particular person or his or her immediate family named in the solicitation, but only if all the proceeds of the solicitation are given to or expended for the direct benefit of the person or his or her immediate family; or
(d) Conducted by an alumni association of an accredited institution which solicits only persons who have an established affiliation with the institution, including, without limitation, current and former students, members of the faculty or staff, or persons who are within the third degree of consanguinity or affinity of such persons.
2. A charitable organization that believes it is exempt from registration pursuant to this section must, before it solicits a [charitable] contribution in this State or has a [charitable] contribution solicited in this State on its behalf by another person, and annually thereafter, file a declaration of exemption on a form prescribed by the Secretary of State.
Sec. 5. NRS 82A.200 is hereby amended to read as follows:
82A.200 1. Except as otherwise provided in this section and NRS 82A.210, a solicitation for a contribution by, for or on behalf of a charitable organization or nonprofit organization, including, without limitation, a solicitation by means of electronic mail or other electronic medium or device, must disclose the following information:
(a) The full legal name of the charitable organization or nonprofit organization as registered with the Secretary of State pursuant to this title;
κ2021 Statutes of Nevada, Page 227 (CHAPTER 54, SB 62)κ
(b) If the charitable organization or nonprofit organization is not registered or not required to be registered with the Secretary of State pursuant to this title [, the] :
(1) The full legal name of the charitable organization or nonprofit organization; and [the]
(2) The physical address of [the principal] :
(I) The principal place of business of the charitable organization or nonprofit organization; or
(II) The custodian of financial records of the charitable organization or nonprofit organization, if the charitable organization or nonprofit organization does not have a physical address;
(c) [A published] One of the following:
(1) A phone number [or Internet address of a website] for the physical address of the principal place of business of the charitable organization or nonprofit organization [;] or, if the charitable organization does not have a physical address, the phone number of the custodian of financial records of the charitable organization or nonprofit organization; or
(2) An Internet address of a website for the charitable organization or nonprofit organization;
(d) A statement or description of the purpose of the charitable organization or nonprofit organization; and
(e) A statement that the contribution:
(1) May be tax deductible [pursuant to the provisions of section 170(c) of the Internal Revenue Code of 1986, 26 U.S.C. § 170(c);] , including a reference to the provision of law harboring the potential tax deduction; or
(2) [Does] May not qualify for such a federal tax deduction.
2. A solicitation for a contribution by, for or on behalf of a charitable organization or nonprofit organization by means of electronic medium or device, other than electronic mail, is deemed to comply with the requirements of subsection 1 if:
(a) The information required to be disclosed pursuant to subsection 1 may be obtained from an Internet website maintained by the charitable organization or nonprofit organization;
(b) The charitable organization or nonprofit organization provides a hyperlink to that Internet website; and
(c) The statement required by paragraph (e) of subsection 1 is located conspicuously on that Internet website or on the page of that Internet website where the donor commits to the [charitable] contribution.
3. A solicitation or pledge drive conducted by a charitable organization or nonprofit organization as part of a broadcast telethon, radiothon, webcast or any similar form of broadcast communication is not required to provide the disclosure required by this section throughout the broadcast event, but must disclose the information to a prospective donor before the donor commits or pledges to make a contribution.
4. A disclosure provided in connection with an appeal for funds to benefit a particular person or his or her immediate family must contain:
(a) The name of the particular person or family members who are to benefit from the appeal; and
κ2021 Statutes of Nevada, Page 228 (CHAPTER 54, SB 62)κ
(b) A statement that a contribution in response to the appeal may not qualify for a federal tax deduction.
Sec. 6. NRS 82A.300 is hereby amended to read as follows:
82A.300 1. If the Secretary of State finds that a charitable organization which is required to file the information and financial report required for registration pursuant to subsection 2 of NRS 82A.100 is soliciting [charitable] contributions in this State, or is having [charitable] contributions solicited in this State on its behalf by another person, without having filed the information and financial report required for registration on or before the due date for the filing established pursuant to subsection 3 of NRS 82A.100, the Secretary of State shall:
(a) If the charitable organization is required to file an annual list with the Secretary of State pursuant to this title, impose the penalty for default in the filing of an annual list set forth in the provisions of this title applicable to the charitable organization and notify the charitable organization of the violation by providing written notice to its registered agent. The notice:
(1) Must include a statement that the charitable organization is required to file the information and financial statement required for registration by subsection 2 of NRS 82A.100 and pay the penalty for default in the filing of an annual list set forth in the provisions of this title applicable to the charitable organization; and
(2) May be provided electronically.
(b) If the charitable organization is not required to file an annual list with the Secretary of State pursuant to this title, impose a penalty in the amount of $50 for the failure of the charitable organization to file the information and financial report required for registration as required pursuant to subsection 2 of NRS 82A.100 and notify the charitable organization of the violation by providing written notice to the charitable organization. The notice:
(1) Must include a statement indicating that the charitable organization is required to file the information and financial report required for registration by subsection 2 of NRS 82A.100 and pay the penalty as set forth in this paragraph; and
(2) May be provided electronically.
2. If a charitable organization fails to file the information and financial report required by subsection 2 of NRS 82A.100 and pay the penalty for default as set forth in this section within 90 days after the charitable organization or its registered agent receives the written notice provided pursuant to subsection 1, the Secretary of State may, in addition to imposing the penalty for default as set forth in this section, take any or all of the following actions:
(a) Impose a civil penalty of not more than $1,000.
(b) Issue an order to cease and desist soliciting [charitable] contributions or having [charitable] contributions solicited on behalf of the charitable organization by another person.
3. An action taken pursuant to subsection 2 is a final decision for the purposes of judicial review pursuant to chapter 233B of NRS.
4. If a charitable organization fails to pay a civil penalty imposed by the Secretary of State pursuant to subsection 2 or comply with an order to cease and desist issued by the Secretary of State pursuant to subsection 2, the Secretary of State may:
κ2021 Statutes of Nevada, Page 229 (CHAPTER 54, SB 62)κ
(a) If the charitable organization is organized pursuant to this title, revoke the charter of the charitable organization. If the charter of the charitable organization is revoked pursuant to this paragraph, the charitable organization forfeits its right to transact business in this State.
(b) If the charitable organization is [a foreign nonprofit charitable organization,] not organized pursuant to this title, forfeit the right [of the foreign nonprofit charitable organization] of the charitable organization to transact business in this State.
(c) Refer the matter to the Attorney General for a determination of whether to institute proceedings pursuant to NRS 82A.310.
Sec. 7. NRS 82A.310 is hereby amended to read as follows:
82A.310 1. If the Secretary of State believes that a person has violated any provision of this chapter, NRS 598.1305 or any other provision of the laws of this State governing the solicitation of [charitable] contributions, the Secretary of State shall notify the person in writing of the alleged violation.
2. The Secretary of State may refer an alleged violation of any provision of this chapter, NRS 598.1305 or any other provision of the laws of this State governing the solicitation of [charitable] contributions to the Attorney General for a determination of whether to institute proceedings in a court of competent jurisdiction to enforce the provisions of this chapter, NRS 598.1305 or any other provision of the laws of this State governing the solicitation of [charitable] contributions. The Attorney General may institute and prosecute the appropriate proceedings to enforce the provisions of this chapter, NRS 598.1305 or any other provision of the laws of this State governing the solicitation of [charitable] contributions.
3. In addition to any other penalty imposed by law, in a proceeding instituted by the Attorney General pursuant to subsection 2, the Attorney General may seek an injunction or other equitable relief and may recover a civil penalty of not more than $1,000 for each violation. If the Attorney General prevails in such a proceeding, the Attorney General is entitled to recover the costs of the proceeding, including, without limitation, the cost of any investigation and reasonable attorneys fees.
Sec. 8. NRS 598.1305 is hereby amended to read as follows:
598.1305 1. A person, in planning, conducting or executing a solicitation for or on behalf of a charitable organization or nonprofit corporation, shall not:
(a) Make any claim or representation concerning a contribution which directly, or by implication, has the capacity, tendency or effect of deceiving or misleading a person acting reasonably under the circumstances; or
(b) Omit any material fact deemed to be equivalent to a false, misleading or deceptive claim or representation if the omission, when considering what has been said or implied, has or would have the capacity, tendency or effect of deceiving or misleading a person acting reasonably under the circumstances.
2. Notwithstanding any other provisions of this chapter, the Attorney General has primary jurisdiction to investigate and prosecute a violation of this section.
3. Except as otherwise provided in NRS 41.480 and 41.485, a violation of this section constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.
κ2021 Statutes of Nevada, Page 230 (CHAPTER 54, SB 62)κ
4. As used in this section:
(a) Charitable organization [means] :
(1) Means any person who, directly or indirectly, solicits contributions and who [the] :
(I) The Secretary of the Treasury has determined to be tax exempt pursuant to the provisions of section 501(c)(3) of the Internal Revenue Code [. The term does] , 26 U.S.C. § 501(c)(3);
(II) Is or purports to be established for any benevolent, philanthropic, patriotic, educational, humane, scientific, public health, environmental conservation, civic or other eleemosynary purpose, or for the benefit of law enforcement, firefighting or other public safety personnel; or
(III) In any manner employs a charitable appeal as the basis of any solicitation or an appeal that suggests there is a charitable reason for a solicitation.
(2) Does not include an organization which is established for and serving bona fide religious purposes.
(b) Charitable reason means:
(1) Any reason described in section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3);
(2) Any benevolent, philanthropic, patriotic, educational, humane, scientific, public health, environmental conservation, civic or other eleemosynary reason; or
(3) Any objective that benefits law enforcement, firefighting or other public safety personnel.
(c) Solicitation means a request for a contribution to a charitable organization or nonprofit corporation that is made by any means, including, without limitation:
(1) Mail;
(2) Commercial carrier;
(3) Telephone, facsimile, electronic mail or other electronic medium or device; or
(4) A face-to-face meeting.
Κ The term includes, without limitation, solicitations which are made from a location within this State and solicitations which are made from a location outside of this State to persons located in this State.
Sec. 9. NRS 82A.020 is hereby repealed.
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κ2021 Statutes of Nevada, Page 231κ
Senate Bill No. 122Senators Brooks; and Spearman
CHAPTER 55
[Approved: May 25, 2021]
AN ACT relating to occupational safety; requiring certain employees of a cannabis establishment to receive certain health and safety training; requiring a cannabis establishment to suspend or terminate the employment of an employee who fails to complete such training; providing administrative penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires certain employees performing work on construction sites, certain sites related to the entertainment industry and certain sites where exhibitions, conventions or trade shows occur to complete certain training courses relating to occupational health and safety. (NRS 618.950-618.9931) This bill enacts similar requirements for certain employees of cannabis establishments.
Section 11 of this bill requires: (1) employees of cannabis establishments who are not supervisory employees to complete a specified 10-hour health and safety course not later than 1 year after being hired; and (2) supervisory employees of cannabis establishments to complete a specified 30-hour course not later than 1 year after being hired. Section 11 requires that any costs associated with an employee completing such a course be paid by the cannabis establishment by which the employee is employed. Section 4 of this bill defines employee to mean a person who performs work at a cannabis establishment. However, section 4 excludes from the definition of employee a person: (1) whose primary occupation is to provide photography, media, marketing or legal services; or (2) who is a shareholder, officer, board member or advisory board member of a cannabis establishment and who does not have an active role in the day-to-day operation of the cannabis establishment.
Section 9 of this bill requires the Division of Industrial Relations of the Department of Business and Industry to establish a registry to track providers of the required health and safety courses. Section 10 of this bill requires providers of the required health and safety courses to display the card evidencing their authorization by the Occupational Safety and Health Administration of the United States Department of Labor to provide such a course in a conspicuous manner at the location at which the course is being provided.
Section 12 of this bill requires a cannabis establishment to suspend or terminate the employment of an employee who fails to complete the required health and safety course. Section 13 of this bill provides for administrative fines to be imposed upon a cannabis establishment that has failed to suspend or terminate an employee as required by section 12.
Section 16 of this bill requires an employee of a cannabis establishment who was initially hired before July 1, 2021, to complete the 10-hour or 30-hour course specified in section 11, as applicable, not later than July 1, 2022.
Sections 3-7 of this bill define words and terms for the purposes of sections 2-13.
κ2021 Statutes of Nevada, Page 232 (CHAPTER 55, SB 122)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 618 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.
Sec. 2. As used in sections 2 to 13, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Cannabis establishment has the meaning ascribed to it in NRS 678A.095.
Sec. 4. 1. Employee means a person who performs work at a cannabis establishment.
2. The term does not include a person:
(a) Whose primary occupation is to provide photography, media, marketing or legal services; or
(b) Who is a shareholder, officer, board member or advisory board member of a cannabis establishment and who does not have an active role in the day-to-day operation of the cannabis establishment.
Sec. 5. OSHA-10 course means a 10-hour course in general industry safety and health hazard recognition and prevention developed by the Occupational Safety and Health Administration of the United States Department of Labor.
Sec. 6. OSHA-30 course means a 30-hour course in general industry safety and health hazard recognition and prevention developed by the Occupational Safety and Health Administration of the United States Department of Labor.
Sec. 7. Supervisory employee means any employee having authority in the interest of the cannabis establishment to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees or responsibility to direct them, to adjust their grievances or effectively to recommend such action, if in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature but requires the use of independent judgment. The exercise of such authority shall not be deemed to place the employee in supervisory employee status unless the exercise of such authority occupies a significant portion of the employees workday.
Sec. 8. (Deleted by amendment.)
Sec. 9. The Division shall establish a registry to track the providers of OSHA-10 courses and OSHA-30 courses.
Sec. 10. 1. Each trainer shall display his or her trainer card in a conspicuous manner at each location where the trainer provides an OSHA-10 course or OSHA-30 course.
2. No person other than a trainer may provide an OSHA-10 course or OSHA-30 course.
3. As used in this section:
(a) Trainer means a person who is currently authorized by the Occupational Safety and Health Administration of the United States Department of Labor as a trainer, including, without limitation, a person who has completed OSHA 501, the Trainer Course in OSHA Standards for General Industry.
κ2021 Statutes of Nevada, Page 233 (CHAPTER 55, SB 122)κ
(b) Trainer card means the card issued upon completion of OSHA 501, the Trainer Course in OSHA Standards for General Industry, which reflects the authorization of the holder by the Occupational Safety and Health Administration of the United States Department of Labor to provide OSHA-10 courses and OSHA-30 courses.
Sec. 11. 1. Not later than 1 year after the date an employee other than a supervisory employee is hired, the employee must obtain a completion card for an OSHA-10 course.
2. Not later than 1 year after the date a supervisory employee is hired, the supervisory employee must obtain a completion card for an OSHA-30 course.
3. Any costs associated with an employee obtaining a completion card pursuant to subsection 1 or 2 must be paid by the cannabis establishment by which the employee is employed.
Sec. 12. 1. If an employee other than a supervisory employee fails to present the cannabis establishment by which he or she is employed with a current and valid completion card for an OSHA-10 course as required pursuant to section 11 of this act, the cannabis establishment shall suspend or terminate his or her employment.
2. If a supervisory employee fails to present the cannabis establishment by which he or she is employed with a current and valid completion card for an OSHA-30 course as required pursuant to section 11 of this act, the cannabis establishment shall suspend or terminate his or her employment.
Sec. 13. 1. If the Division finds that a cannabis establishment has failed to suspend or terminate an employee as required by section 12 of this act, the Division shall:
(a) Upon the first violation, in lieu of any other penalty under this chapter, impose upon the cannabis establishment an administrative fine of not more than $500.
(b) Upon the second violation, in lieu of any other penalty under this chapter, impose upon the cannabis establishment an administrative fine of not more than $1,000.
(c) Upon the third and each subsequent violation, impose upon the cannabis establishment the penalty provided in NRS 618.635 as if the cannabis establishment had committed a willful violation.
2. For the purposes of this section, any number of violations discovered in a single day constitutes a single violation.
3. Before a fine or any other penalty is imposed upon a cannabis establishment pursuant to this section, the Division must follow the procedures set forth in this chapter for the issuance of a citation, including, without limitation, the procedures set forth in NRS 618.475 for providing notice to the cannabis establishment and an opportunity for the cannabis establishment to contest the violation.
Secs. 14 and 15. (Deleted by amendment.)
Sec. 16. 1. Notwithstanding the provisions of section 11 of this act, an employee of a cannabis establishment who was initially hired before July 1, 2021, must obtain a completion card for an OSHA-10 course as required by subsection 1 of section 11 of this act or, if the employee is a supervisory employee, a completion card for an OSHA-30 course as required by subsection 2 of section 11 of this act, not later than July 1, 2022. Any costs associated with the employee obtaining such a card must be paid by the cannabis establishment by which the employee is employed.
κ2021 Statutes of Nevada, Page 234 (CHAPTER 55, SB 122)κ
costs associated with the employee obtaining such a card must be paid by the cannabis establishment by which the employee is employed.
2. As used in this section:
(a) Cannabis establishment has the meaning ascribed to it in section 3 of this act.
(b) Employee has the meaning ascribed to it in section 4 of this act.
(c) OSHA-10 course has the meaning ascribed to it in section 5 of this act.
(d) OSHA-30 course has the meaning ascribed to it in section 6 of this act.
(e) Supervisory employee has the meaning ascribed to it in section 7 of this act.
Sec. 17. This act becomes effective on July 1, 2021.
________
Senate Bill No. 146Senator Ohrenschall
CHAPTER 56
[Approved: May 25, 2021]
AN ACT relating to mental health; requiring certain psychiatric facilities to consult with the treating provider of health care of a child with an emotional disturbance who is subject to the jurisdiction of a juvenile court under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a child to be taken into protective custody and placed outside of his or her home to protect the child from abuse, neglect or abandonment and in certain other circumstances. (NRS 432B.325-432B.400, 432B.410-432B.5908) This bill requires the administrative officer or staff of a public or private inpatient psychiatric treatment facility to ask the person or entity having legal custody of a child with an emotional disturbance who is subject to the jurisdiction of a juvenile court for reasons relating to the protection of the child from abuse or neglect if the child has a treating provider of healthcare when admitting the child. If the child has a treating provider of health care, this bill requires the administrative officer or staff of the facility to make a reasonable effort to consult with the treating provider of health care concerning the care to be provided to the child. If the child is admitted, this bill further requires the administrative officer or staff of the facility to: (1) ask the legal custodian of the child for consent and make a reasonable attempt to obtain consent from the child to allow the facility to coordinate the care of the child with the treating provider of health care on an ongoing basis; and (2) make a reasonable attempt to coordinate with all treating providers of health care of the child concerning a plan to discharge the child from the facility.
κ2021 Statutes of Nevada, Page 235 (CHAPTER 56, SB 146)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 433B of NRS is hereby amended by adding thereto a new section to read as follows:
1. When admitting a child with an emotional disturbance who is subject to the jurisdiction of a juvenile court pursuant to chapter 432B of NRS to a public or private inpatient psychiatric treatment facility, the administrative officer of the facility or the staff of the administrative officer shall ask the person or entity having legal custody of the child if the child has a treating provider of health care. If the child has a treating provider of health care, the administrative officer or the staff of the administrative officer must make a reasonable effort to contact the treating provider of health care.
2. If the administrative officer of a public or private inpatient psychiatric treatment facility or the staff of the administrative officer is able to contact the treating provider of health care pursuant to subsection 1, the administrative officer or staff must make a reasonable effort to consult with and consider any input from the treating provider of health care concerning the care to be provided to the child, including, without limitation, the admission of the child.
3. If a child is admitted to a public or private inpatient psychiatric treatment facility, the administrative officer of the facility or the staff of the administrative officer must:
(a) Ask the person or entity having legal custody of the child for consent and make a reasonable attempt to obtain the consent of the child to allow the facility to coordinate the care of the child with the treating provider of health care on an ongoing basis; and
(b) Make a reasonable attempt to coordinate with all treating providers of health care of the child concerning a plan to discharge the child from the facility.
4. Failure of a person or entity having legal custody of a child or a child to provide consent pursuant to paragraph (a) of subsection 3 must not prevent a facility from coordinating the care of the child with the treating provider of health care of the child on an ongoing basis when necessary to protect or improve the health or welfare of the child.
5. As used in this section, treating provider of health care means, with respect to any child, a physician, a physician assistant who practices under the supervision of a psychiatrist, an advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 or a psychologist who regularly provides mental or behavioral health treatment to the child.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 236κ
Senate Bill No. 148Senator D. Harris
CHAPTER 57
[Approved: May 25, 2021]
AN ACT relating to crimes; requiring law enforcement agencies to submit records of hate crimes on a monthly basis to the Central Repository for Nevada Records of Criminal History; imposing certain duties on the Central Repository relating to the submission of such records; revising provisions concerning the guidelines required to be adopted by the Director of the Department of Public Safety regarding the reporting of hate crimes; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Director of the Department of Public Safety to: (1) establish within the Central Repository for Nevada Records of Criminal History a program for reporting crimes that manifest evidence of prejudice based on race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression that is designed to collect, compile and analyze statistical data regarding such crimes; and (2) adopt guidelines for the collection of such statistical data. (NRS 179A.175)
Section 1 of this bill requires each state or local law enforcement agency in this State to submit on a monthly basis a record of all such crimes to the Central Repository in accordance with the guidelines adopted by the Director. Section 1 additionally requires that any data acquired be used only for research or statistical purposes and not contain any information that may reveal the identity of an individual victim of a crime. Section 2 of this bill requires: (1) the Director to adopt guidelines regarding the manner in which statistical data must be reported to the Central Repository; (2) the Central Repository to make all such data available to the public; and (3) the Central Repository to ensure that such data is provided to the Federal Bureau of Investigation for inclusion in the annual Hate Crime Statistics report of the Uniform Crime Reporting Program.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 193 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each state or local law enforcement agency in this State shall submit on a monthly basis a record of all crimes that manifest evidence of prejudice based on race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression, including, without limitation, the basis on which any such crime occurred, to the Central Repository for Nevada Records of Criminal History, in accordance with the guidelines adopted by the Director of the Department of Public Safety pursuant to subsection 2 of NRS 179A.175.
2. Data acquired pursuant to this section must be used only for research or statistical purposes and must not contain any information that may reveal the identity of an individual victim of a crime.
κ2021 Statutes of Nevada, Page 237 (CHAPTER 57, SB 148)κ
Sec. 2. NRS 179A.175 is hereby amended to read as follows:
179A.175 1. The Director of the Department shall establish within the Central Repository a program for reporting crimes that manifest evidence of prejudice based on race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression.
2. The program must be designed to collect, compile and analyze statistical data about crimes that manifest evidence of prejudice based on race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression. The Director shall adopt guidelines for the collection of the statistical data, including, but not limited to, the criteria to establish the presence of prejudice [.] and the manner in which the data must be reported to the Central Repository.
3. The Central Repository shall include in any appropriate report an independent section relating solely to the analysis of crimes that manifest evidence of prejudice based on race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression.
4. Data acquired pursuant to this section must be used only for research or statistical purposes and must not contain any information that may reveal the identity of an individual victim of a crime.
5. The Central Repository shall make all data acquired pursuant to this section and data regarding any prosecution of a violation of NRS 207.185 and any sentence imposed pursuant to NRS 193.1675 available to the public.
6. The Central Repository shall ensure that the data acquired pursuant to this section is provided to the Federal Bureau of Investigation for inclusion in the annual Hate Crime Statistics report of the Uniform Crime Reporting Program.
7. As used in this section, gender identity or expression has the meaning ascribed to it in NRS 193.0148.
Sec. 3. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 4. 1. This section becomes effective upon passage and approval.
2. Sections 1, 2 and 3 of this act become effective:
(a) Upon passage and approval for the purpose of adopting guidelines and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On October 1, 2021, for all other purposes.
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κ2021 Statutes of Nevada, Page 238κ
Senate Bill No. 156Committee on Health and Human Services
CHAPTER 58
[Approved: May 25, 2021]
AN ACT relating to mental health; revising certain requirements for an endorsement as a crisis stabilization center; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Division of Public and Behavioral Health of the Department of Health and Human Services to issue an endorsement as a crisis stabilization center to the holder of a license to operate a psychiatric hospital that meets certain requirements, including, without limitation, providing crisis stabilization services. Existing law defines crisis stabilization services to mean behavioral health services designed to: (1) de-escalate or stabilize a behavioral crisis; and (2) avoid admission of a patient to another inpatient mental health facility or hospital when appropriate. (NRS 449.0915) Section 1 of this bill expands the authority of the Division to issue an endorsement as a crisis stabilization center by authorizing the Division to issue such an endorsement to the holder of a license to operate any hospital that meets the requirements for the endorsement. Existing law authorizes the State Board of Health to impose fees for licensing by the Division and, thus, the State Board will be authorized to impose a fee for the issuance or renewal of an endorsement as a crisis stabilization center issued to a hospital pursuant to section 1. (NRS 439.150)
Existing law requires an applicant for renewal of an endorsement as a crisis stabilization center to be accredited by certain organizations. (NRS 449.0915) Section 1 expands the list of authorized accrediting organizations and exempts rural hospitals from the accreditation requirement.
Under existing law, the Department is required to take any action necessary to ensure that crisis stabilization services provided at a psychiatric hospital that holds an endorsement as a crisis stabilization center are reimbursable under Medicaid. (NRS 422.27238) Section 2 of this bill expands this requirement to include crisis stabilization services provided at any hospital that holds an endorsement as a crisis stabilization center.
Existing law requires a health maintenance organization or managed care organization that provides health care services to recipients of Medicaid or enrollees in the Childrens Health Insurance Program to negotiate in good faith to include a psychiatric hospital that holds an endorsement as a crisis stabilization center in the network of providers under contract to provide services to such persons. (NRS 695C.194, 695G.320) Sections 3 and 4 of this bill make conforming changes to these provisions of existing law to reflect that any hospital meeting the requirements for the endorsement may obtain an endorsement as a crisis stabilization center.
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 449.0915 is hereby amended to read as follows:
449.0915 1. The Division may issue an endorsement as a crisis stabilization center to the holder of a license to operate a [psychiatric] hospital that meets the requirements of this section.
2. A [psychiatric] hospital that wishes to obtain an endorsement as a crisis stabilization center must submit an application in the form prescribed by the Division which must include, without limitation, proof that the applicant meets the requirements of subsection 3.
κ2021 Statutes of Nevada, Page 239 (CHAPTER 58, SB 156)κ
by the Division which must include, without limitation, proof that the applicant meets the requirements of subsection 3.
3. An endorsement as a crisis stabilization center may only be issued if the [psychiatric] hospital to which the endorsement will apply:
(a) [Does not exceed a capacity of 16 beds or constitute an institution for mental diseases, as defined in 42 U.S.C. § 1396d;
(b)] Operates in accordance with established administrative protocols, evidenced-based protocols for providing treatment and evidence-based standards for documenting information concerning services rendered and recipients of such services in accordance with best practices for providing crisis stabilization services;
[(c)] (b) Delivers crisis stabilization services:
(1) To patients [for not less than 24 hours] in an area devoted to crisis stabilization or detoxification before releasing the patient into the community, referring the patient to another facility or transferring the patient to a bed within the hospital for short-term treatment, if the [psychiatric] hospital has such beds;
(2) In accordance with best practices for the delivery of crisis stabilization services; and
(3) In a manner that promotes concepts that are integral to recovery for persons with [mental illness,] behavioral health issues, including, without limitation, hope, personal empowerment, respect, social connections, self-responsibility and self-determination;
[(d)] (c) Employs qualified persons to provide peer support services, as defined in NRS 449.01566, when appropriate;
[(e)] (d) Uses a data management tool to collect and maintain data relating to admissions, discharges, diagnoses and long-term outcomes for recipients of crisis stabilization services;
[(f)] (e) Accepts all patients, without regard to:
(1) The race, ethnicity, gender, socioeconomic status, sexual orientation or place of residence of the patient;
(2) Any social conditions that affect the patient;
(3) The ability of the patient to pay; or
(4) Whether the patient is admitted voluntarily to the [psychiatric] hospital pursuant to NRS 433A.140 or admitted to the [psychiatric] hospital under an emergency admission pursuant to NRS 433A.150;
[(g)] (f) Performs an initial assessment on any patient who presents at the [psychiatric] hospital, regardless of the severity of the behavioral health issues that the patient is experiencing;
[(h)] (g) Has the equipment and personnel necessary to conduct a medical examination of a patient pursuant to NRS 433A.165; and
[(i)] (h) Considers whether each patient would be better served by another facility and transfer a patient to another facility when appropriate.
4. Crisis stabilization services that may be provided pursuant to paragraph [(c)] (b) of subsection 3 may include, without limitation:
(a) Case management services, including, without limitation, such services to assist patients to obtain housing, food, primary health care and other basic needs;
(b) Services to intervene effectively when a behavioral health crisis occurs and address underlying issues that lead to repeated behavioral health crises;
(c) Treatment specific to the diagnosis of a patient; and
κ2021 Statutes of Nevada, Page 240 (CHAPTER 58, SB 156)κ
(d) Coordination of aftercare for patients, including, without limitation, at least one follow-up contact with a patient not later than 72 hours after the patient is discharged.
5. An endorsement as a crisis stabilization center must be renewed at the same time as the license to which the endorsement applies. An application to renew an endorsement as a crisis stabilization center must include, without limitation:
(a) The information described in subsection 3; and
(b) Proof that the [psychiatric] hospital is a rural hospital or is accredited by the Commission on Accreditation of Rehabilitation Facilities [, or its successor organization,] , the Center for Improvement in Healthcare Quality, DNV GL Healthcare, the Accreditation Commission for Health Care or the Joint Commission, or [its] their successor [organization.] organizations.
6. As used in this section, crisis stabilization services means behavioral health services designed to:
(a) De-escalate or stabilize a behavioral crisis, including, without limitation, a behavioral health crisis experienced by a person with a co-occurring substance use disorder; and
(b) When appropriate, avoid admission of a patient to another inpatient mental health facility or hospital and connect the patient with providers of ongoing care as appropriate for the unique needs of the patient.
Sec. 2. NRS 422.27238 is hereby amended to read as follows:
422.27238 The Department shall take any action necessary to ensure that crisis stabilization services provided at a [psychiatric] hospital [established] with an endorsement as a crisis stabilization center pursuant to NRS 449.0915 are reimbursable under Medicaid to the same extent as if the services were provided in another covered facility.
Sec. 3. NRS 695C.194 is hereby amended to read as follows:
695C.194 A health maintenance organization that provides health care services to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Childrens Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services shall negotiate in good faith to enter into a contract with a [psychiatric] hospital with an endorsement as a crisis stabilization center pursuant to NRS 449.0915 to include the [psychiatric] hospital in the network of providers under contract with the health maintenance organization to provide services to recipients of Medicaid or enrollees in the Childrens Health Insurance Program, as applicable.
Sec. 4. NRS 695G.320 is hereby amended to read as follows:
695G.320 A managed care organization that provides health care services to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Childrens Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services shall negotiate in good faith to enter into a contract with a [psychiatric] hospital with an endorsement as a crisis stabilization center pursuant to NRS 449.0915 to include the [psychiatric] hospital in the network of providers under contract with the managed care organization to provide services to recipients of Medicaid or insureds in the Childrens Health Insurance Program, as applicable.
Sec. 5. This act becomes effective on July 1, 2021.
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