[Rev. 9/10/2021 11:30:21 AM]
κ2021 Statutes of Nevada, Page 377κ
Assembly Bill No. 281Assemblyman C.H. Miller
CHAPTER 90
[Approved: May 25, 2021]
AN ACT relating to motor vehicles; requiring that certain records maintained by short-term lessors be made available to the Department of Taxation, the Department of Motor Vehicles and certain local government employees upon request; authorizing certain records maintained by short-term lessors, brokers and dealers of vehicles to be maintained electronically; requiring a dealer or broker of vehicles to provide certain records upon request at the address specified in the request; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, short-term lessors of motor vehicles are required to maintain a publicly accessible record of the identity of a short-term lessee and the time that the vehicle is subject to the lease or in possession of the short-term lessee. (NRS 482.315) Section 1 of this bill requires that such records instead be made available to the Department of Taxation, the Department of Motor Vehicles and certain local government employees upon request. Section 1 additionally authorizes such a record to be maintained electronically and requires that such electronic records be made available within 3 business days upon request, unless the Executive Director of the Department of Taxation provides by regulation for a different period.
Under existing law, a dealer of motor vehicles is required to keep the books and records for all locations at which the dealer does business within a county at his or her principal place of business in that county. A broker of motor vehicles is required to keep the books and records at his or her principal place of business. (NRS 482.3263) Section 2 of this bill authorizes a broker or dealer to maintain such books and records electronically and provides that not later than 3 business days after receiving a request for the production of such books and records or any other information or the electronic copies thereof, the dealer or broker is required to provide the requested electronic copies or books, records and other information at the address specified in the request.
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 482.315 is hereby amended to read as follows:
482.315 1. Every person engaged in business as a short-term lessor shall [maintain] :
(a) Maintain a record of the identity of each short-term lessee and the exact time the vehicle is the subject of such lease or in the possession of the short-term lessee [.
2. Every] ; and
(b) Make each such record [is a public record and open to inspection by any person.] available upon request to:
(1) The Department of Taxation;
(2) The Department of Motor Vehicles; and
κ2021 Statutes of Nevada, Page 378 (CHAPTER 90, AB 281)κ
(3) A local government employee that requests the record in relation to compliance with local government ordinances or rules concerning local business licenses.
2. A person engaged in business as a short-term lessor may maintain the record required in this section electronically. Unless the Executive Director of the Department of Taxation provides by regulation for a different period, any such electronic record must be made available within 3 business days after a request of:
(a) The Department of Taxation;
(b) The Department of Motor Vehicles; or
(c) A local government employee that requests the record in relation to compliance with local government ordinances or rules concerning local business licenses.
3. If the Executive Director of the Department of Taxation prescribes a form for the keeping of the record [provided for] required in this section, the short-term lessor shall use the form.
4. It shall be a misdemeanor for any such short-term lessor to fail to make or possess or to refuse [an inspection of] to make available the record required in this section.
5. The Executive Director of the Department of Taxation shall:
(a) Adopt such regulations as the Executive Director determines are necessary to carry out the provisions of this section; and
(b) Upon the request of the Director of the Department of Motor Vehicles, provide to the Director of the Department of Motor Vehicles a copy of any record described in this section.
Sec. 2. NRS 482.3263 is hereby amended to read as follows:
482.3263 1. A dealer shall keep his or her books and records for all locations at which the dealer does business within a county at his or her principal place of business in that county [.] or maintain his or her books and records electronically. A broker shall keep his or her books and records at his or her principal place of business [.] or maintain his or her books and records electronically.
2. Each dealer and broker shall:
(a) Permit any authorized agent of the Director or the State of Nevada to inspect and copy the books and records or make such records available electronically during usual business hours; or
(b) Not later than 3 business days after receiving a request from such a person for the production of the books and records or any other information [,] or the electronic copies thereof, provide the requested books, records and other information or electronic copies to the person [at the location] specified in the request.
3. A dealer or broker shall retain the books and records for 3 years after he or she ceases to be licensed as a dealer or broker.
________
κ2021 Statutes of Nevada, Page 379κ
Assembly Bill No. 403Committee on Judiciary
CHAPTER 91
[Approved: May 25, 2021]
AN ACT relating to rules of the road; revising provisions relating to certain violations by pedestrians relating to crossing a highway; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires any pedestrian, other than a person who is blind and using a service animal or carrying a cane or walking stick, to yield the right-of-way to all vehicles upon the highway if crossing a highway: (1) at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection; or (2) at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided. (NRS 484B.287, 484B.290) Existing law also prohibits a pedestrian from: (1) crossing a highway at any place except in a marked crosswalk if between adjacent intersections at which official traffic-control devices are in operation; or (2) crossing an intersection diagonally, unless the pedestrian is authorized to cross the intersection diagonally by official traffic-control devices and the pedestrian crosses in accordance with such official traffic-control devices. (NRS 484B.287) Under existing law, the commission of any such prohibited act by a pedestrian: (1) is a misdemeanor, punishable by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment; and (2) may subject the pedestrian to additional penalties if the violation is committed in a pedestrian safety zone. (NRS 484A.900, 484B.135, 484B.287)
Section 2 of this bill decriminalizes the commission of such prohibited acts by pedestrians by specifically providing that a violation is not a misdemeanor and is instead punishable by a civil penalty of not more than $100. Section 1 of this bill removes the reference to the statute that prohibits such acts by pedestrians, thereby providing that a violation is no longer subject to any additional penalties if the violation is committed in a pedestrian safety zone. Section 2.5 of this bill provides that the amendatory provisions of this bill apply retroactively to any person who has committed such a violation, unless the person was convicted of the violation before July 1, 2021. Section 2.5 further requires: (1) each court in this State to cancel each outstanding bench warrant issued by the court for a person who failed to appear in court in relation to such an alleged violation; and (2) the Central Repository for Nevada Records of Criminal History to remove from each database or compilation of records of criminal history maintained by the Central Repository all records of bench warrants issued for a person who failed to appear in court in relation to such an alleged violation.
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 484B.135 is hereby amended to read as follows:
484B.135 1. Except as otherwise provided in subsections 2 and 4, a person who is convicted of a violation of a speed limit, or of NRS 484B.150, 484B.163, 484B.165, 484B.200 to 484B.217, inclusive, 484B.223, 484B.227, 484B.280, 484B.283, [484B.287,] 484B.300, 484B.303, 484B.307, 484B.317, 484B.320, 484B.327, 484B.403, 484B.600, 484B.603, 484B.650, 484B.653, 484B.657, 484C.110 or 484C.120, that occurred in an area designated as a pedestrian safety zone may be punished by imprisonment or by a fine, or both, for a term or an amount equal to and in addition to the term of imprisonment or amount of the fine, or both, that the court imposes for the primary offense.
κ2021 Statutes of Nevada, Page 380 (CHAPTER 91, AB 403)κ
area designated as a pedestrian safety zone may be punished by imprisonment or by a fine, or both, for a term or an amount equal to and in addition to the term of imprisonment or amount of the fine, or both, that the court imposes for the primary offense. Any term of imprisonment imposed pursuant to this subsection runs consecutively with the sentence prescribed by the court for the crime. This subsection does not create a separate offense, but provides an additional penalty for the primary offense, whose imposition is discretionary with the court and contingent upon the finding of the prescribed fact.
2. The additional penalty imposed pursuant to subsection 1 must not exceed a total of $1,000, 6 months of imprisonment or 120 hours of community service.
3. A governmental entity that designates a pedestrian safety zone shall cause to be erected:
(a) A sign located before the beginning of the pedestrian safety zone which provides notice that higher fines may apply in pedestrian safety zones;
(b) A sign to mark the beginning of the pedestrian safety zone; and
(c) A sign to mark the end of the pedestrian safety zone.
4. A person who would otherwise be subject to an additional penalty pursuant to this section is not subject to such an additional penalty if, with respect to the pedestrian safety zone in which the violation occurred:
(a) A sign is not erected before the beginning of the pedestrian safety zone as required by paragraph (a) of subsection 3 to provide notice that higher fines may apply in pedestrian safety zones; or
(b) Signs are not erected as required by paragraphs (b) and (c) of subsection 3 to mark the beginning and end of the pedestrian safety zone.
5. The governing body of a local government or the Department of Transportation may designate a pedestrian safety zone on a highway if the governing body or the Department of Transportation:
(a) Makes findings as to the necessity and appropriateness of a pedestrian safety zone, including, without limitation, any circumstances on or near a highway which make an area of the highway dangerous for pedestrians; and
(b) Complies with the requirements of subsection 3 and NRS 484A.430 and 484A.440.
Sec. 2. NRS 484B.287 is hereby amended to read as follows:
484B.287 1. Except as provided in NRS 484B.290:
(a) Every pedestrian crossing a highway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the highway.
(b) Any pedestrian crossing a highway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the highway.
(c) Between adjacent intersections at which official traffic-control devices are in operation pedestrians shall not cross at any place except in a marked crosswalk.
(d) A pedestrian shall not cross an intersection diagonally unless authorized by official traffic-control devices.
(e) When authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements.
κ2021 Statutes of Nevada, Page 381 (CHAPTER 91, AB 403)κ
2. [A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484B.135.] A violation of this section:
(a) Is not a misdemeanor; and
(b) Is punishable by the imposition of a civil penalty of not more than $100.
Sec. 2.5. 1. Except as otherwise provided in this section, the provisions of this act apply to a violation of NRS 484B.287 if the violation occurred before, on or after July 1, 2021. The provisions of this act do not apply to any violation of NRS 484B.287 for which a person was convicted before July 1, 2021.
2. Each court in this State shall cancel each outstanding bench warrant issued by the court for a person who failed to appear in court in relation to an alleged violation of NRS 484B.287 which occurred before July 1, 2021.
3. The Central Repository for Nevada Records of Criminal History shall remove from each database or compilation of records of criminal history maintained by the Central Repository all records of bench warrants issued for a person who failed to appear in court in relation to an alleged violation of NRS 484B.287 which occurred before July 1, 2021.
Sec. 3. This act becomes effective on July 1, 2021.
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Assembly Bill No. 406Committee on Judiciary
CHAPTER 92
[Approved: May 25, 2021]
AN ACT relating to child support; providing for the withholding of gambling winnings of an obligor to apply to arrears in child support owed by the obligor; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that money may be withheld for the support of a child from any money due to an obligor as the prize from any contest or lottery. (NRS 31A.150) This bill authorizes the withholding of money from the gambling winnings of an obligor to apply to arrears in child support owed by the obligor.
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 31A.150 is hereby amended to read as follows:
31A.150 1. Money may be withheld for the support of a child pursuant to NRS 31A.025 to 31A.190, inclusive, from any money:
(a) Due to:
(1) The obligor as a pension, an annuity, unemployment compensation, a benefit because of disability, retirement or other cause or any other benefit;
(2) The obligor as a return of contributions and interest; or
κ2021 Statutes of Nevada, Page 382 (CHAPTER 92, AB 406)κ
(3) Some other person because of the death of the obligor,
Κ from the State, a political subdivision of the State or an agency of either, a public trust, corporation or board or a system for retirement, disability or annuity established by any person or a statute of this or any other state, whether the money is payable periodically or in a lump sum; or
(b) Due to the obligor as a judgment, a settlement , [or] the prize from any contest or lottery [,] or gambling winnings, from any person or other entity, whether the money is payable periodically or in a lump sum. As used in this paragraph, gambling winnings means winnings at a licensed gaming establishment, as defined in NRS 463.0169, that are required to be reported to the Internal Revenue Service on Form W-2G.
2. When a certified copy of a notice to withhold income is delivered by certified mail, return receipt requested, to a person or other entity described in subsection 1, the person or other entity must comply with the request and pay to the enforcing authority the amounts withheld as required in the notice to withhold income.
Sec. 3. Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee, other than the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance, may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after March 22, 2021.
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Assembly Bill No. 417Committee on Education
CHAPTER 93
[Approved: May 25, 2021]
AN ACT relating to school buses; requiring written notice to correct defects or inspection issues to be submitted to the superintendent of schools of a school district; authorizing recommendations to correct defects or inspection issues to be submitted to the superintendent of schools of a school district or his or her designee; requiring the Department of Public Safety to submit certain reports; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the Department of Public Safety conducts inspections of school buses semiannually to ensure that vehicles are mechanically safe and meet the minimum specifications established by the State Board of Education. (NRS 386.830) The Department of Public Safety must submit a recommendation to the superintendent of schools for the correction of any defects discovered during the inspection. (NRS 386.830) Section 1 of this bill requires written notice of defects or inspection issues to be submitted to the superintendent of schools or his or her designee after an inspection issue or defect is found during an inspection. Section 1 requires the Department of Public Safety to reinspect vehicles that were found to have a defect or inspection issue. Section 1 also requires the Department of Public Safety to submit an annual report to the superintendent of schools of a school district that contains certain information.
κ2021 Statutes of Nevada, Page 383 (CHAPTER 93, AB 417)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 386.830 is hereby amended to read as follows:
386.830 1. All vehicles used in the transportation of pupils must be:
(a) In good condition and state of repair.
(b) Well equipped, and must contain sufficient room and seats so that the driver and each pupil being transported have a seat inside the vehicle. Each pupil shall remain seated when the vehicle is in motion.
2. Each school bus must be inspected [semiannually] annually by the Department of Public Safety to ensure that the vehicles are mechanically safe and meet the minimum specifications established by the State Board. The Department of Public Safety shall [make] provide written [recommendations] notice of defects or inspection issues to the superintendent of schools of the school district wherein any such vehicle is operating and to any person designated by the superintendent of schools of the school district to receive such a notice, for the correction of any defects or inspection issues discovered thereby.
3. If the superintendent of schools fails or refuses to take appropriate action to have the defects or inspection issues corrected within [10] 20 calendar days after receiving notice of them from the Department of Public Safety, the superintendent is guilty of a misdemeanor, and upon conviction thereof may be removed from office.
4. The Department of Public Safety shall reinspect any vehicle which was found to have defects or inspection issues pursuant to subsection 2 and, if the Department of Public Safety finds the defect or inspection issue has been corrected, approve the vehicle for use.
5. Except as otherwise provided in subsection [5,] 6, all vehicles used for transporting pupils must meet the specifications established by regulation of the State Board.
[5.] 6. Except as otherwise provided in subsection [6,] 7, any bus which is purchased and used by a school district to transport pupils to and from extracurricular activities is exempt from the specifications adopted by the State Board if the bus meets the federal safety standards for motor vehicles which were applicable at the time the bus was manufactured and delivered for introduction in interstate commerce.
[6.] 7. Any new school bus which is purchased by a school district to transport pupils must meet the standards set forth in:
(a) Subsection 1 of NRS 386.835 if the school bus is purchased on or after January 1, 2016;
(b) Subsection 2 or 3 of NRS 386.835 if the school bus is purchased on or after July 1, 2016; and
(c) NRS 386.837 if the school bus is purchased on or after July 1, 2019.
[7.] 8. Each year, the Department of Public Safety shall submit a report to each superintendent of schools, which must include, without limitation, for the school district:
(a) The number of vehicles inspected during the immediately preceding year;
(b) The number of defects or inspection issues found pursuant to subsection 2 during the immediately preceding year;
κ2021 Statutes of Nevada, Page 384 (CHAPTER 93, AB 417)κ
(c) Any actions required by the superintendent, including, without limitation, establishing a timeline to resolve any defects or inspection issues, to ensure the safety of vehicles used in the transportation of pupils; and
(d) Any other information the Department of Public Safety deems necessary to ensure the safety of vehicles used in the transportation of pupils.
9. Any person violating any of the requirements of this section is guilty of a misdemeanor.
10. As used in this section, defect or inspection issue means a failure to meet the minimum specifications established by the State Board.
Sec. 1.5. NRS 386.840 is hereby amended to read as follows:
386.840 1. Except as otherwise provided in this subsection, every school bus operated for the transportation of pupils to or from school must be equipped with:
(a) A system of flashing red lights of a type approved by the State Board and installed at the expense of the school district or operator. Except as otherwise provided in subsection 2, the driver shall operate this signal:
(1) When the bus is stopped to unload pupils.
(2) When the bus is stopped to load pupils.
(3) In times of emergency, accident or motor vehicle crash, when appropriate.
(b) A mechanical device, attached to the front of the bus which, when extended, causes persons to walk around the device. The device must be approved by the State Board and installed at the expense of the school district or operator. The driver shall operate the device when the bus is stopped to load or unload pupils. The installation of such a mechanical device is not required for a school bus which is used solely to transport pupils with special needs who are individually loaded and unloaded in a manner which does not require them to walk in front of the bus. The provisions of this paragraph do not prohibit a school district from upgrading or replacing such a mechanical device with a more efficient and effective device that is approved by the State Board.
2. A driver may stop to load and unload pupils in a designated area without operating the system of flashing red lights required by subsection 1 if the designated area:
(a) Has been designated by a school district and approved by the Department;
(b) Is of sufficient depth and length to provide space for the bus to park at least 8 feet off the traveled portion of the roadway;
(c) Is not within an intersection of roadways;
(d) Contains ample space between the exit door of the bus and the parking area to allow safe exit from the bus;
(e) Is located so as to allow the bus to reenter the traffic from its parked position without creating a traffic hazard; and
(f) Is located so as to allow pupils to enter and exit the bus without crossing the roadway.
3. In addition to the equipment required by subsection 1 and except as otherwise provided in subsection [5] 6 of NRS 386.830, each school bus must:
(a) Be equipped and identified as required by the regulations of the State Board; and
(b) If the bus is a new bus purchased by a school district to transport pupils, meet the standards set forth in:
κ2021 Statutes of Nevada, Page 385 (CHAPTER 93, AB 417)κ
(1) Subsection 1 of NRS 386.835 if the bus is purchased on or after January 1, 2016;
(2) Subsection 2 or 3 of NRS 386.835 if the bus is purchased on or after July 1, 2016; and
(3) NRS 386.837 if the bus is purchased on or after July 1, 2019.
4. The Department of Public Safety shall inspect school buses to determine whether the provisions of this section concerning equipment and identification of the school buses have been complied with, and shall report any violations discovered to the superintendent of schools of the school district wherein the vehicles are operating.
5. If the superintendent of schools fails or refuses to take appropriate action to correct any such violation within [10] 20 calendar days after receiving notice of it from the Department of Public Safety, the superintendent is guilty of a misdemeanor, and upon conviction must be removed from office.
6. Any person who violates any of the provisions of this section is guilty of a misdemeanor.
Sec. 2. This act becomes effective on January 1, 2022.
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Assembly Bill No. 442Committee on Commerce and Labor
CHAPTER 94
[Approved: May 25, 2021]
AN ACT relating to health care; requiring certain providers of health care to complete training in the screening, brief intervention and referral to treatment approach to substance use disorder; authorizing such a provider of health care to use such training to complete certain continuing education requirements; authorizing a physician, physician assistant or advanced practice registered nurse to use a federal registration to dispense narcotic drugs for maintenance treatment or detoxification treatment to satisfy certain continuing education requirements; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires providers of health care who are authorized to prescribe controlled substances, including physicians, physician assistants, dentists, advanced practice registered nurses, podiatrists and optometrists, to complete training relating specifically to persons with substance use and other addictive disorders and the prescribing of opioids during each period of licensure. (NRS 630.2535, 631.344, 632.2375, 633.473, 635.116, 636.2881) Sections 1, 16, 21, 26, 41 and 47 of this bill define the term screening, brief intervention and referral to treatment approach to mean an evidence-based method of delivering early intervention and treatment to persons who have or are at risk of developing a substance use disorder. Sections 2, 17, 22, 27 and 48 of this bill make conforming changes to indicate the proper placement of sections 1, 16, 21, 26 and 47 in the Nevada Revised Statutes.
Existing law requires physicians, physician assistants, dentists, advanced practice registered nurses, podiatrists and optometrists to complete certain continuing education as a condition to the renewal of a license. (NRS 630.253, 631.342, 632.343, 633.471, 635.115, 636.260) Sections 7, 18.5, 24.5, 38, 44.5 and 51.5 of this bill require those providers to complete a certain number of hours of training in the screening, brief intervention and referral to treatment approach to substance use disorder within the first 2 years of licensure.
κ2021 Statutes of Nevada, Page 386 (CHAPTER 94, AB 442)κ
633.471, 635.115, 636.260) Sections 7, 18.5, 24.5, 38, 44.5 and 51.5 of this bill require those providers to complete a certain number of hours of training in the screening, brief intervention and referral to treatment approach to substance use disorder within the first 2 years of licensure. Section 53 of this bill requires a person who holds a license as a physician, physician assistant, dentist, advanced practice registered nurse, podiatrist or optometrist on January 1, 2024, to complete at least 2 hours of such training before renewing his or her license. Sections 7, 8, 19, 24, 38, 39, 45, 52 and 53 of this bill authorize a physician, physician assistant, dentist, advanced practice registered nurse, podiatrist or optometrist to use training in the screening, brief intervention and referral to treatment approach to substance use disorder to satisfy certain continuing education requirements on or after the date on which this bill is approved by the Governor.
Existing federal law requires a practitioner who dispenses narcotic drugs to individuals for maintenance treatment or detoxification treatment to obtain annually a registration for that purpose. (21 U.S.C. § 823) Sections 8, 24 and 39 of this bill: (1) exempt a physician, physician assistant or advanced practice registered nurse who obtains such a registration from requirements to complete continuing education relating specifically to substance use and other addictive disorders and the prescribing of opioids for one period of licensure; and (2) authorize such a physician, physician assistant or advanced practice registered nurse to use the registration to satisfy 4 hours of any applicable continuing education requirement.
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 630 of NRS is hereby amended by adding thereto a new section to read as follows:
Screening, brief intervention and referral to treatment approach means an evidence-based method of delivering early intervention and treatment to persons who have or are at risk of developing a substance use disorder that consists of:
1. Screening to assess the severity of substance use and identify the appropriate level of treatment;
2. Brief intervention to increase awareness of the persons substance use and motivation to change his or her behavior; and
3. Referral to treatment for persons who need more extensive treatment and specialty care for substance use disorder.
Sec. 2. NRS 630.005 is hereby amended to read as follows:
630.005 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 630.007 to 630.026, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.
Secs. 3-6. (Deleted by amendment.)
Sec. 7. NRS 630.253 is hereby amended to read as follows:
630.253 1. The Board shall, as a prerequisite for the:
(a) Renewal of a license as a physician assistant; or
(b) Biennial registration of the holder of a license to practice medicine,
Κ require each holder to submit evidence of compliance with the requirements for continuing education as set forth in regulations adopted by the Board.
2. These requirements:
(a) May provide for the completion of one or more courses of instruction relating to risk management in the performance of medical services.
κ2021 Statutes of Nevada, Page 387 (CHAPTER 94, AB 442)κ
(b) Must provide for the completion of a course of instruction, within 2 years after initial licensure, relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction. The course must provide at least 4 hours of instruction that includes instruction in the following subjects:
(1) An overview of acts of terrorism and weapons of mass destruction;
(2) Personal protective equipment required for acts of terrorism;
(3) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;
(4) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and
(5) An overview of the information available on, and the use of, the Health Alert Network.
(c) Must provide for the completion by a holder of a license to practice medicine of a course of instruction within 2 years after initial licensure that provides at least 2 hours of instruction on evidence-based suicide prevention and awareness as described in subsection 5.
(d) Must provide for the completion of at least 2 hours of training in the screening, brief intervention and referral to treatment approach to substance use disorder within 2 years after initial licensure.
Κ The Board may thereafter determine whether to include in a program of continuing education additional courses of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction.
3. The Board shall encourage each holder of a license who treats or cares for persons who are more than 60 years of age to receive, as a portion of their continuing education, education in geriatrics and gerontology, including such topics as:
(a) The skills and knowledge that the licensee needs to address aging issues;
(b) Approaches to providing health care to older persons, including both didactic and clinical approaches;
(c) The biological, behavioral, social and emotional aspects of the aging process; and
(d) The importance of maintenance of function and independence for older persons.
4. The Board shall encourage each holder of a license to practice medicine to receive, as a portion of his or her continuing education, training concerning methods for educating patients about how to effectively manage medications, including, without limitation, the ability of the patient to request to have the symptom or purpose for which a drug is prescribed included on the label attached to the container of the drug.
5. The Board shall require each holder of a license to practice medicine to receive as a portion of his or her continuing education at least 2 hours of instruction every 4 years on evidence-based suicide prevention and awareness, which may include, without limitation, instruction concerning:
(a) The skills and knowledge that the licensee needs to detect behaviors that may lead to suicide, including, without limitation, post-traumatic stress disorder;
κ2021 Statutes of Nevada, Page 388 (CHAPTER 94, AB 442)κ
(b) Approaches to engaging other professionals in suicide intervention; and
(c) The detection of suicidal thoughts and ideations and the prevention of suicide.
6. The Board shall encourage each holder of a license to practice medicine or as a physician assistant to receive, as a portion of his or her continuing education, training and education in the diagnosis of rare diseases, including, without limitation:
(a) Recognizing the symptoms of pediatric cancer; and
(b) Interpreting family history to determine whether such symptoms indicate a normal childhood illness or a condition that requires additional examination.
7. A holder of a license to practice medicine may not substitute the continuing education credits relating to suicide prevention and awareness required by this section for the purposes of satisfying an equivalent requirement for continuing education in ethics.
8. [A] Except as otherwise provided in NRS 630.2535, a holder of a license to practice medicine may substitute not more than 2 hours of continuing education credits in pain management , [or] care for persons with an addictive disorder or the screening, brief intervention and referral to treatment approach to substance use disorder for the purposes of satisfying an equivalent requirement for continuing education in ethics.
9. As used in this section:
(a) Act of terrorism has the meaning ascribed to it in NRS 202.4415.
(b) Biological agent has the meaning ascribed to it in NRS 202.442.
(c) Chemical agent has the meaning ascribed to it in NRS 202.4425.
(d) Radioactive agent has the meaning ascribed to it in NRS 202.4437.
(e) Weapon of mass destruction has the meaning ascribed to it in NRS 202.4445.
Sec. 8. NRS 630.2535 is hereby amended to read as follows:
630.2535 1. The Board shall, by regulation, require each physician or physician assistant who is registered to dispense controlled substances pursuant to NRS 453.231 to complete at least 2 hours of training relating specifically to persons with substance use and other addictive disorders and the prescribing of opioids during each period of licensure. Except as otherwise provided in subsection 2, such training may include, without limitation, training in the screening, brief intervention and referral to treatment approach to substance use disorder. Any licensee may use [such] training required by the regulations adopted pursuant to this section to satisfy 2 hours of any continuing education requirement established by the Board.
2. A physician may not use continuing education in the screening, brief intervention and referral to treatment approach to substance use disorder to satisfy the requirements of subsection 1 for a licensure period during which the licensee also uses such continuing education to satisfy a requirement for continuing education in ethics pursuant to subsection 8 of NRS 630.253.
3. A physician or physician assistant who obtains a registration to treat opioid dependency with narcotic medications in accordance with the Drug Addiction Treatment Act of 2000, 21 U.S.C. §§ 823 et seq., is exempt from the training required by subsection 1 for one period of licensure. A physician or physician assistant may use such registration to satisfy 4 hours of the total number of hours of continuing education required by the Board pursuant to NRS 630.253 during one period of licensure.
κ2021 Statutes of Nevada, Page 389 (CHAPTER 94, AB 442)κ
Secs. 9-15. (Deleted by amendment.)
Sec. 16. Chapter 631 of NRS is hereby amended by adding thereto a new section to read as follows:
Screening, brief intervention and referral to treatment approach means an evidence-based method of delivering early intervention and treatment to persons who have or are at risk of developing a substance use disorder that consists of:
1. Screening to assess the severity of substance use and identify the appropriate level of treatment;
2. Brief intervention to increase awareness of the persons substance use and motivation to change his or her behavior; and
3. Referral to treatment for persons who need more extensive treatment and specialty care for substance use disorder.
Sec. 17. NRS 631.005 is hereby amended to read as follows:
631.005 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 631.015 to 631.105, inclusive, and section 16 of this act have the meanings ascribed to them in those sections.
Sec. 18. (Deleted by amendment.)
Sec. 18.5. NRS 631.342 is hereby amended to read as follows:
631.342 1. The Board shall adopt regulations concerning continuing education in dentistry, dental hygiene and dental therapy. The regulations must include:
(a) Except as provided in NRS 631.3425, the number of hours of credit required annually;
(b) The criteria used to accredit each course; and
(c) The requirements for submission of proof of attendance at courses.
2. Except as otherwise provided in subsection 3, as part of continuing education, each licensee must complete a course of instruction, within 2 years after initial licensure, relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction. The course must provide at least 4 hours of instruction that includes instruction in the following subjects:
(a) An overview of acts of terrorism and weapons of mass destruction;
(b) Personal protective equipment required for acts of terrorism;
(c) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;
(d) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and
(e) An overview of the information available on, and the use of, the Health Alert Network.
3. Instead of the course described in subsection 2, a licensee may complete:
(a) A course in Basic Disaster Life Support or a course in Core Disaster Life Support if the course is offered by a provider of continuing education accredited by the National Disaster Life Support Foundation; or
(b) Any other course that the Board determines to be the equivalent of a course specified in paragraph (a).
4. Notwithstanding the provisions of subsections 2 and 3, the Board may determine whether to include in a program of continuing education additional courses of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction.
κ2021 Statutes of Nevada, Page 390 (CHAPTER 94, AB 442)κ
5. Each licensee must complete, as part of continuing education, at least 2 hours of training in the screening, brief intervention and referral to treatment approach to substance use disorder within 2 years after initial licensure.
6. As used in this section:
(a) Act of terrorism has the meaning ascribed to it in NRS 202.4415.
(b) Biological agent has the meaning ascribed to it in NRS 202.442.
(c) Chemical agent has the meaning ascribed to it in NRS 202.4425.
(d) Radioactive agent has the meaning ascribed to it in NRS 202.4437.
(e) Weapon of mass destruction has the meaning ascribed to it in NRS 202.4445.
Sec. 19. NRS 631.344 is hereby amended to read as follows:
631.344 The Board shall, by regulation, require each holder of a license to practice dentistry who is registered to dispense controlled substances pursuant to NRS 453.231 to complete at least 2 hours of training relating specifically to persons with substance use and other addictive disorders and the prescribing of opioids during each period of licensure. Such training may include, without limitation, training in the screening, brief intervention and referral to treatment approach to substance use disorder. Any such holder of a license may use [such] training required by the regulations adopted pursuant to this section to satisfy 2 hours of any continuing education requirement established by the Board.
Sec. 20. (Deleted by amendment.)
Sec. 21. Chapter 632 of NRS is hereby amended by adding thereto a new section to read as follows:
Screening, brief intervention and referral to treatment approach means an evidence-based method of delivering early intervention and treatment to persons who have or are at risk of developing a substance use disorder that consists of:
1. Screening to assess the severity of substance use and identify the appropriate level of treatment;
2. Brief intervention to increase awareness of the persons substance use and motivation to change his or her behavior; and
3. Referral to treatment for persons who need more extensive treatment and specialty care for substance use disorder.
Sec. 22. NRS 632.010 is hereby amended to read as follows:
632.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 632.011 to 632.0195, inclusive, and section 21 of this act have the meanings ascribed to them in those sections.
Sec. 23. (Deleted by amendment.)
Sec. 24. NRS 632.2375 is hereby amended to read as follows:
632.2375 1. The Board shall, by regulation, require each advanced practice registered nurse who is registered to dispense controlled substances pursuant to NRS 453.231 to complete at least 2 hours of training relating specifically to persons with substance use or other addictive disorders and the prescribing of opioids during each period of licensure. Such training may include, without limitation, training in the screening, brief intervention and referral to treatment approach to substance use disorder. An advanced practice registered nurse may use [such] training required by the regulations adopted pursuant to this section to satisfy 2 hours of any continuing education requirement established by the Board.
κ2021 Statutes of Nevada, Page 391 (CHAPTER 94, AB 442)κ
2. An advanced practice registered nurse who obtains a registration to treat opioid dependency with narcotic medications in accordance with the Drug Addiction Treatment Act of 2000, 21 U.S.C. §§ 823 et. seq., is exempt from the training required by subsection 1 for one period of licensure. An advanced practice registered nurse may use such registration to satisfy 4 hours of the total number of hours of continuing education required by NRS 632.343 during one period of licensure.
Sec. 24.5. NRS 632.343 is hereby amended to read as follows:
632.343 1. The Board shall not renew any license issued under this chapter until the licensee has submitted proof satisfactory to the Board of completion, during the 2-year period before renewal of the license, of 30 hours in a program of continuing education approved by the Board in accordance with regulations adopted by the Board. Except as otherwise provided in subsection 3, the licensee is exempt from this provision for the first biennial period after graduation from:
(a) An accredited school of professional nursing;
(b) An accredited school of practical nursing;
(c) An approved school of professional nursing in the process of obtaining accreditation; or
(d) An approved school of practical nursing in the process of obtaining accreditation.
2. The Board shall review all courses offered to nurses for the completion of the requirement set forth in subsection 1. The Board may approve nursing and other courses which are directly related to the practice of nursing as well as others which bear a reasonable relationship to current developments in the field of nursing or any special area of practice in which a licensee engages. These may include academic studies, workshops, extension studies, home study and other courses.
3. The program of continuing education required by subsection 1 must include:
(a) For a person licensed as an advanced practice registered nurse, a course of instruction to be completed within 2 years after initial licensure that provides at least 2 hours of instruction on suicide prevention and awareness as described in subsection 5.
(b) For each person licensed pursuant to this chapter, a course of instruction, to be completed within 2 years after initial licensure, relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction. The course must provide at least 4 hours of instruction that includes instruction in the following subjects:
(1) An overview of acts of terrorism and weapons of mass destruction;
(2) Personal protective equipment required for acts of terrorism;
(3) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;
(4) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and
(5) An overview of the information available on, and the use of, the Health Alert Network.
Κ The Board may thereafter determine whether to include in a program of continuing education additional courses of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction.
κ2021 Statutes of Nevada, Page 392 (CHAPTER 94, AB 442)κ
(c) For a person licensed as an advanced practice registered nurse, at least 2 hours of training in the screening, brief intervention and referral to treatment approach to substance use disorder to be completed within 2 years after initial licensure.
4. The Board shall encourage each licensee who treats or cares for persons who are more than 60 years of age to receive, as a portion of their continuing education, education in geriatrics and gerontology, including such topics as:
(a) The skills and knowledge that the licensee needs to address aging issues;
(b) Approaches to providing health care to older persons, including both didactic and clinical approaches;
(c) The biological, behavioral, social and emotional aspects of the aging process; and
(d) The importance of maintenance of function and independence for older persons.
5. The Board shall require each person licensed as an advanced practice registered nurse to receive as a portion of his or her continuing education at least 2 hours of instruction every 4 years on evidence-based suicide prevention and awareness or another course of instruction on suicide prevention and awareness that is approved by the Board which the Board has determined to be effective and appropriate.
6. The Board shall encourage each person licensed as an advanced practice registered nurse to receive, as a portion of his or her continuing education, training and education in the diagnosis of rare diseases, including, without limitation:
(a) Recognizing the symptoms of pediatric cancer; and
(b) Interpreting family history to determine whether such symptoms indicate a normal childhood illness or a condition that requires additional examination.
7. As used in this section:
(a) Act of terrorism has the meaning ascribed to it in NRS 202.4415.
(b) Biological agent has the meaning ascribed to it in NRS 202.442.
(c) Chemical agent has the meaning ascribed to it in NRS 202.4425.
(d) Radioactive agent has the meaning ascribed to it in NRS 202.4437.
(e) Weapon of mass destruction has the meaning ascribed to it in NRS 202.4445.
Sec. 25. (Deleted by amendment.)
Sec. 26. Chapter 633 of NRS is hereby amended by adding thereto a new section to read as follows:
Screening, brief intervention and referral to treatment approach means an evidence-based method of delivering early intervention and treatment to persons who have or are at risk of developing a substance use disorder that consists of:
1. Screening to assess the severity of substance use and identify the appropriate level of treatment;
2. Brief intervention to increase awareness of the persons substance use and motivation to change his or her behavior; and
3. Referral to treatment for persons who need more extensive treatment and specialty care for substance use disorder.
κ2021 Statutes of Nevada, Page 393 (CHAPTER 94, AB 442)κ
Sec. 27. NRS 633.011 is hereby amended to read as follows:
633.011 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 633.021 to 633.131, inclusive, and section 26 of this act have the meanings ascribed to them in those sections.
Secs. 28-37. (Deleted by amendment.)
Sec. 38. NRS 633.471 is hereby amended to read as follows:
633.471 1. Except as otherwise provided in subsection [10] 11 and NRS 633.491, every holder of a license issued under this chapter, except a temporary or a special license, may renew the license on or before January 1 of each calendar year after its issuance by:
(a) Applying for renewal on forms provided by the Board;
(b) Paying the annual license renewal fee specified in this chapter;
(c) Submitting a list of all actions filed or claims submitted to arbitration or mediation for malpractice or negligence against the holder during the previous year;
(d) Submitting evidence to the Board that in the year preceding the application for renewal the holder has attended courses or programs of continuing education approved by the Board in accordance with regulations adopted by the Board totaling a number of hours established by the Board which must not be less than 35 hours nor more than that set in the requirements for continuing medical education of the American Osteopathic Association; and
(e) Submitting all information required to complete the renewal.
2. The Secretary of the Board shall notify each licensee of the requirements for renewal not less than 30 days before the date of renewal.
3. The Board shall request submission of verified evidence of completion of the required number of hours of continuing medical education annually from no fewer than one-third of the applicants for renewal of a license to practice osteopathic medicine or a license to practice as a physician assistant. Upon a request from the Board, an applicant for renewal of a license to practice osteopathic medicine or a license to practice as a physician assistant shall submit verified evidence satisfactory to the Board that in the year preceding the application for renewal the applicant attended courses or programs of continuing medical education approved by the Board totaling the number of hours established by the Board.
4. The Board shall require each holder of a license to practice osteopathic medicine to complete a course of instruction within 2 years after initial licensure that provides at least 2 hours of instruction on evidence-based suicide prevention and awareness as described in subsection 8.
5. The Board shall encourage each holder of a license to practice osteopathic medicine to receive, as a portion of his or her continuing education, training concerning methods for educating patients about how to effectively manage medications, including, without limitation, the ability of the patient to request to have the symptom or purpose for which a drug is prescribed included on the label attached to the container of the drug.
6. The Board shall encourage each holder of a license to practice osteopathic medicine or as a physician assistant to receive, as a portion of his or her continuing education, training and education in the diagnosis of rare diseases, including, without limitation:
(a) Recognizing the symptoms of pediatric cancer; and
(b) Interpreting family history to determine whether such symptoms indicate a normal childhood illness or a condition that requires additional examination.
κ2021 Statutes of Nevada, Page 394 (CHAPTER 94, AB 442)κ
7. The Board shall require, as part of the continuing education requirements approved by the Board, the biennial completion by a holder of a license to practice osteopathic medicine of at least 2 hours of continuing education credits in ethics, pain management , [or] care of persons with addictive disorders [.] or the screening, brief intervention and referral to treatment approach to substance use disorder.
8. The Board shall require each holder of a license to practice osteopathic medicine to receive as a portion of his or her continuing education at least 2 hours of instruction every 4 years on evidence-based suicide prevention and awareness which may include, without limitation, instruction concerning:
(a) The skills and knowledge that the licensee needs to detect behaviors that may lead to suicide, including, without limitation, post-traumatic stress disorder;
(b) Approaches to engaging other professionals in suicide intervention; and
(c) The detection of suicidal thoughts and ideations and the prevention of suicide.
9. A holder of a license to practice osteopathic medicine may not substitute the continuing education credits relating to suicide prevention and awareness required by this section for the purposes of satisfying an equivalent requirement for continuing education in ethics.
10. The Board shall require each holder of a license to practice osteopathic medicine to complete at least 2 hours of training in the screening, brief intervention and referral to treatment approach to substance use disorder within 2 years after initial licensure.
11. Members of the Armed Forces of the United States and the United States Public Health Service are exempt from payment of the annual license renewal fee during their active duty status.
Sec. 39. NRS 633.473 is hereby amended to read as follows:
633.473 1. The Board shall, by regulation, require each osteopathic physician or physician assistant who is registered to dispense controlled substances pursuant to NRS 453.231 to complete at least 2 hours of training relating specifically to persons with substance use and other addictive disorders and the prescribing of opioids during each period of licensure. Except as otherwise provided by subsection 2, such training may include, without limitation, training in the screening, brief intervention and referral to treatment approach to substance use disorder. Any licensee may use [such] training required by the regulations adopted pursuant to this section to satisfy 2 hours of any continuing education requirement established by the Board.
2. An osteopathic physician may not use continuing education in the screening, brief intervention and referral to treatment approach to substance use disorder to satisfy the requirements of subsection 1 for a licensure period during which the licensee also uses such continuing education for the purposes of satisfying the requirements of subsection 7 of NRS 633.471.
3. An osteopathic physician or physician assistant who obtains a registration to treat opioid dependency with narcotic medications in accordance with the Drug Addiction Treatment Act of 2000, 21 U.S.C. §§ 823 et seq., is exempt from the training required by subsection 1 for one period of licensure. An osteopathic physician or physician assistant may use such registration to satisfy 4 hours of the total number of hours of continuing education required by the Board pursuant to NRS 633.470 during one period of licensure.
κ2021 Statutes of Nevada, Page 395 (CHAPTER 94, AB 442)κ
Sec. 40. (Deleted by amendment.)
Sec. 41. NRS 635.010 is hereby amended to read as follows:
635.010 As used in this chapter, unless the context otherwise requires:
1. Board means the State Board of Podiatry.
2. Podiatry is the diagnosis, prevention and treatment of ailments of the human foot and leg.
3. Podiatry hygienist means a person engaged in assisting a podiatric physician.
4. Screening, brief intervention and referral to treatment approach means an evidence-based method of delivering early intervention and treatment to persons who have or are at risk of developing a substance use disorder that consists of:
(a) Screening to assess the severity of substance use and identify the appropriate level of treatment;
(b) Brief intervention to increase awareness of the persons substance use and motivation to change his or her behavior; and
(c) Referral to treatment for persons who need more extensive treatment and specialty care for substance use disorder.
Secs. 42-44. (Deleted by amendment.)
Sec. 44.5. NRS 635.115 is hereby amended to read as follows:
635.115 1. Every even-numbered year each podiatric physician must, at the time of paying the annual renewal fee, present to the Secretary of the Board satisfactory evidence that during the preceding 2 years the podiatric physician attended at least 50 hours of instruction in courses approved by the Board for purposes of continuing professional education and is currently certified in the techniques of administering cardiopulmonary resuscitation. The Board may waive all or part of the requirement of continuing education in a particular year if the podiatric physician was prevented from that attendance by circumstances beyond his or her control.
2. The Board shall require each podiatric physician to complete at least 2 hours of training in the screening, brief intervention and referral to treatment approach to substance use disorder within 2 years after initial licensure as part of the continuing education required by subsection 1.
3. If a podiatric physician fails to provide proof of his or her continuing education and does not obtain a waiver from the Board, the license must not be renewed.
Sec. 45. NRS 635.116 is hereby amended to read as follows:
635.116 The Board shall, by regulation, require each holder of a license to practice podiatry who is registered to dispense controlled substances pursuant to NRS 453.231 to complete at least 2 hours of training relating specifically to persons with substance use and other addictive disorders and the prescribing of opioids during each period of licensure. Such training may include, without limitation, training in the screening, brief intervention and referral to treatment approach to substance use disorder. Any such holder of a license may use [such] training required by the regulations adopted pursuant to this section to satisfy 2 hours of any continuing education requirement established by the Board.
Sec. 46. (Deleted by amendment.)
κ2021 Statutes of Nevada, Page 396 (CHAPTER 94, AB 442)κ
Sec. 47. Chapter 636 of NRS is hereby amended by adding thereto a new section to read as follows:
Screening, brief intervention and referral to treatment approach means an evidence-based method of delivering early intervention and treatment to persons who have or are at risk of developing a substance use disorder that consists of:
1. Screening to assess the severity of substance use and identify the appropriate level of treatment;
2. Brief intervention to increase awareness of the persons substance use and motivation to change his or her behavior; and
3. Referral to treatment for persons who need more extensive treatment and specialty care for substance use disorder.
Sec. 48. NRS 636.015 is hereby amended to read as follows:
636.015 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 636.016 to 636.023, inclusive, and section 47 of this act have the meanings ascribed to them in those sections.
Secs. 49-51. (Deleted by amendment.)
Sec. 51.5. NRS 636.260 is hereby amended to read as follows:
636.260 1. Before March 1 of each even-numbered year, each licensee shall pay a renewal fee to the Executive Director in the amount established pursuant to NRS 636.143. For the purposes of this subsection, the date of the postmark on any payment received by mail shall be deemed to be the date of receipt by the Executive Director.
2. The renewal fee must be accompanied by satisfactory evidence that the licensee has, within the immediately preceding 24-month period, completed the required number of hours in a course or courses of continuing education that have been approved by the Board. This evidence must be indicated on the form for proof of completion of continuing education that is furnished by the Board. The Board shall not require a licensee to complete more than 40 hours of continuing education during each period of renewal. The Board may waive the requirement that a licensee complete all or part of the required number of hours of continuing education upon good cause shown by the licensee.
3. The Board shall require each licensee to complete at least 2 hours of training in the screening, brief intervention and referral to treatment approach to substance use disorder within 2 years after initial licensure as part of the continuing education required by subsection 2.
4. A licensee who is certified to administer and prescribe pharmaceutical agents pursuant to NRS 636.288 must, at the time of paying the renewal fee, present evidence satisfactory to the Executive Director that, during the 24 months immediately preceding the payment of the renewal fee, the licensee completed an educational or postgraduate program approved by the Board. The Board shall establish the number of hours for completion of the program which must be not less than 50 hours nor more than 100 hours.
Sec. 52. NRS 636.2881 is hereby amended to read as follows:
636.2881 The Board shall, by regulation, require each optometrist who is certified to administer and prescribe pharmaceutical agents pursuant to NRS 636.288 and who is registered to dispense controlled substances pursuant to NRS 453.231 to complete at least 2 hours of training relating specifically to persons with substance use and other addictive disorders and the prescribing of opioids during each period of licensure. Such training may include, without limitation, training in the screening, brief intervention and referral to treatment approach to substance use disorder. Any licensee may use [such] training required by the regulations adopted pursuant to this section to satisfy 2 hours of any continuing education requirement established by the Board.
κ2021 Statutes of Nevada, Page 397 (CHAPTER 94, AB 442)κ
training required by the regulations adopted pursuant to this section to satisfy 2 hours of any continuing education requirement established by the Board.
Sec. 53. 1. Except as otherwise provided in subsection 5, the first application that an osteopathic physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, advanced practice registered nurse, podiatric physician or optometrist who is licensed on January 1, 2024, submits to renew his or her license on or after that date must include, without limitation, proof that the applicant has completed at least 2 hours of training in the screening, brief intervention and referral to treatment approach to substance use disorder.
2. Except as otherwise provided in subsection 5, the information that a physician who is licensed pursuant to chapter 630 of NRS on January 1, 2024, submits to complete the first biennial registration to be issued on or after that date or renew the license, as applicable, must include, without limitation, proof that the physician has completed at least 2 hours of training in the screening, brief intervention and referral to treatment approach to substance use disorder.
3. A physician licensed pursuant to chapter 630 or 633 of NRS who completes training in the screening, brief intervention and referral to treatment approach to substance use disorder to satisfy the requirements of subsection 1 or 2 may use such training to satisfy 2 hours of:
(a) The applicable requirement to complete continuing education relating specifically to persons with substance use and other addictive disorders and the prescribing of opioids established pursuant to NRS 630.2535 or 633.473, as amended by sections 8 and 39, respectively, of this act; or
(b) Any applicable requirement to complete continuing education in ethics, pain management, care of persons with addictive disorders or the screening, brief intervention and referral to treatment approach to substance use disorder established pursuant to NRS 630.253 or 633.471, as amended by sections 7 and 38, respectively, of this act.
4. A physician assistant licensed pursuant to 630 or 633 of NRS or a dentist, advanced practice registered nurse, podiatric physician or optometrist who completes training in the screening, brief intervention and referral to treatment approach to substance use disorder to satisfy the requirements of subsection 1 may use such training to satisfy 2 hours of the applicable requirement to complete continuing education relating specifically to persons with substance use and other addictive disorders and the prescribing of opioids established pursuant to NRS 630.2535, 631.344, 632.2375, 633.473, 635.116 or 636.2881, as amended by sections 8, 19, 24, 39, 45 and 52, respectively, of this act.
5. A physician or physician assistant licensed pursuant to chapter 630 or 633 of NRS or an advanced practice registered nurse who holds a registration to treat opioid dependency with narcotic medications pursuant to the Drug Addiction Treatment Act of 2000, 21 U.S.C. §§ 823 et seq., on the date he or she submits the first application to renew his or her license after January 1, 2024, is exempt from the requirements of this section.
6. As used in this section, screening, brief intervention and referral to treatment approach has the meaning ascribed to it in section 1 of this act.
Sec. 54. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 398κ
Assembly Bill No. 308Assemblyman Frierson
CHAPTER 95
[Approved: May 25, 2021]
AN ACT relating to property; revising provisions relating to late fees; revising certain definitions used in the Residential Landlord and Tenant Act; revising provisions relating to notices of increases in rent; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a landlord to charge a reasonable late fee for the late payment of rent as set forth in the rental agreement, but such a late fee must not exceed 5 percent of the amount of the periodic rent and the maximum amount of the late fee must not be increased based upon a late fee that was previously imposed. (NRS 118A.210) Section 2 of this bill provides that in a tenancy that is longer than week to week, no late fee may be charged or imposed until at least 3 calendar days after the date that rent is due.
Existing law defines the term security for the purposes of the Residential Landlord and Tenant Act. (NRS 118A.240) Section 3 of this bill changes the term security to security deposit. Sections 1, 4-6 and 8-14 of this bill make conforming changes to reflect the changed definition.
Existing law prohibits a landlord from increasing the rent payable by a tenant unless the landlord serves the tenant with written notice of the increase: (1) for a periodic tenancy of 1 month or more, 45 days in advance of the first rental payment to be increased; or (2) for a periodic tenancy of less than 1 month, 15 days in advance of the first rental payment to be increased. (NRS 118A.300) Section 7 of this bill increases the period for providing such notices of increases in rent to: (1) for a periodic tenancy of 1 month or more, 60 days in advance of the first rental payment to be increased; or (2) for a periodic tenancy of less than 1 month, 30 days in advance of the first rental payment to be increased.
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 118.101 is hereby amended to read as follows:
118.101 1. A person may not refuse to:
(a) Authorize a person with a disability to make reasonable modifications to a dwelling which he or she occupies or will occupy if:
(1) The person with the disability pays for the modifications; and
(2) The modifications are necessary to ensure that the person with the disability may use and enjoy the dwelling; or
(b) Make reasonable accommodations in rules, policies, practices or services if those accommodations are necessary to ensure that the person with the disability may use and enjoy the dwelling.
2. A landlord may, as a condition for the authorization of such a modification, reasonably require the person who requests the authorization, upon the termination of his or her occupancy, to restore the dwelling to the condition that existed before the modification, reasonable wear and tear excepted.
κ2021 Statutes of Nevada, Page 399 (CHAPTER 95, AB 308)κ
3. Except as otherwise provided in subsection 4, a landlord may not increase the amount of a security deposit the landlord customarily requires a person to deposit because that person has requested authorization to modify a dwelling pursuant to subsection 1.
4. If a person requests authorization to modify a dwelling pursuant to subsection 1, the landlord may require that person to deposit [a reasonable amount of] an additional security deposit in addition to the amount the landlord usually requires if the additional [amount:] security deposit:
(a) Is necessary to ensure the restoration of the dwelling pursuant to subsection 2;
(b) Does not exceed the actual cost of the restoration; and
(c) Is deposited by the landlord in an interest-bearing account. Any interest earned on the additional amount must be paid to the person who requested the authorization.
5. As used in this section, [security] security deposit has the meaning ascribed to it in NRS 118A.240.
Sec. 2. NRS 118A.210 is hereby amended to read as follows:
118A.210 1. Rent is payable without demand or notice at the time and place agreed upon by the parties.
2. Unless the rental agreement establishes a definite term, the tenancy is from week to week in the case of a tenant who pays weekly rent and in all other cases the tenancy is from month to month.
3. In the absence of an agreement, either written or oral:
(a) Rent is payable at the beginning of the tenancy; and
(b) Rent for the use and occupancy of a dwelling is the fair rental value for the use and occupancy.
4. A landlord may charge a reasonable late fee for the late payment of rent as set forth in the rental agreement, but:
(a) In a tenancy that is longer than week to week, no late fee may be charged or imposed until at least 3 calendar days after the date that rent is due;
(b) Such a late fee must not exceed 5 percent of the amount of the periodic rent; and
[(b)] (c) The maximum amount of the late fee must not be increased based upon a late fee that was previously imposed.
Sec. 3. NRS 118A.240 is hereby amended to read as follows:
118A.240 1. Any payment, deposit, fee or charge that is to be used for any of the following purposes is [security] a security deposit and is governed by the provisions of this section and NRS 118A.242 and 118A.244:
(a) Remedying any default of the tenant in the payments of rent.
(b) Repairing damages to the premises other than normal wear caused by the tenant.
(c) Cleaning the dwelling unit.
2. [Security] Security deposit does not include:
(a) Any payment, deposit or fee to secure an option to purchase the premises; or
(b) Any payment to a corporation qualified under the laws of this State as a surety, guarantor or obligator for a premium paid to secure a surety bond or a similar bond, guarantee or insurance coverage for purposes of securing a tenants obligations to a landlord as described in NRS 118A.242.
κ2021 Statutes of Nevada, Page 400 (CHAPTER 95, AB 308)κ
Sec. 4. NRS 118A.242 is hereby amended to read as follows:
118A.242 1. The landlord may not demand or receive a security deposit or a surety bond, or a combination thereof, including the last months rent, whose total amount or value exceeds 3 months periodic rent.
2. In lieu of paying all or part of the security deposit required by the landlord, a tenant may, if the landlord consents, purchase a surety bond to secure the tenants obligation to the landlord under the rental agreement to:
(a) Remedy any default of the tenant in the payment of rent.
(b) Repair damages to the premises other than normal wear and tear.
(c) Clean the dwelling unit.
3. The landlord:
(a) Is not required to accept a surety bond purchased by the tenant in lieu of paying all or part of the security [;] deposit; and
(b) May not require a tenant to purchase a [security] surety bond in lieu of paying all or part of the security [.] deposit.
4. Upon termination of the tenancy by either party for any reason, the landlord may claim of the security deposit or surety bond, or a combination thereof, only such amounts as are reasonably necessary to remedy any default of the tenant in the payment of rent, to repair damages to the premises caused by the tenant other than normal wear and to pay the reasonable costs of cleaning the premises. The landlord shall provide the tenant with an itemized , written accounting of the disposition of the security deposit or surety bond, or a combination thereof, and return any remaining portion of the security deposit to the tenant no later than 30 days after the termination of the tenancy by handing it to the tenant personally at the place where the rent is paid, or by mailing it to the tenant at the tenants present address or, if that address is unknown, at the tenants last known address.
5. If a tenant disputes an item contained in an itemized , written accounting received from a landlord pursuant to subsection 4, the tenant may send a written response disputing the item to the surety. If the tenant sends the written response within 30 days after receiving the itemized , written accounting, the surety shall not report the claim of the landlord to a credit reporting agency unless the surety obtains a judgment against the tenant.
6. If the landlord fails or refuses to return the remainder of a security deposit within 30 days after the end of a tenancy, the landlord is liable to the tenant for damages:
(a) In an amount equal to the entire security deposit; and
(b) For a sum to be fixed by the court of not more than the amount of the entire security deposit.
7. In determining the sum, if any, to be awarded under paragraph (b) of subsection 6, the court shall consider:
(a) Whether the landlord acted in good faith;
(b) The course of conduct between the landlord and the tenant; and
(c) The degree of harm to the tenant caused by the landlords conduct.
8. Except for an agreement which provides for a nonrefundable charge for cleaning, in a reasonable amount, no rental agreement may contain any provision characterizing any security deposit under this section as nonrefundable or any provision waiving or modifying a tenants rights under this section. Any such provision is void as contrary to public policy.
9. The claim of a tenant to a security deposit to which the tenant is entitled under this chapter takes precedence over the claim of any creditor of the landlord.
κ2021 Statutes of Nevada, Page 401 (CHAPTER 95, AB 308)κ
Sec. 5. NRS 118A.244 is hereby amended to read as follows:
118A.244 1. Upon termination of the landlords interest in the dwelling unit, whether by sale, assignment, death, appointment of receiver or otherwise, the landlord or his or her agent shall, within a reasonable time, do one of the following, which relieves the landlord of further liability with respect to the security deposit or surety bond, or a combination thereof:
(a) Notify the tenant in writing of the name, address and telephone number of the landlords successor in interest, and that the landlord has transferred to his or her successor in interest the portion of the security deposit or surety bond, or combination thereof, remaining after making any deductions allowed under NRS 118A.242.
(b) Return to the tenant the portion of the security deposit remaining after making any deductions allowed under NRS 118A.242.
Κ The successor has the rights, obligations and liabilities of the former landlord as to any [securities which are] portion of the security deposit owed under this section or NRS 118A.242 at the time of transfer.
2. The landlord shall, before he or she records a deed transferring any dwelling unit:
(a) Transfer to his or her successor, in writing, the portion of any tenants security deposit or other money held by the landlord which remains after making any deductions allowed under NRS 118A.242; or
(b) Notify his or her successor in writing that the landlord has returned all such security deposits or portions thereof to the tenant.
3. Upon the termination of a landlords interest in the dwelling unit, whether by sale, assignment, death, appointment of receiver or otherwise, the successor in interest:
(a) Shall accept the tenants security deposit or surety bond, or a combination thereof; and
(b) Shall not require any additional security deposit or surety bond, or a combination thereof, from the tenant during the term of the rental agreement.
Sec. 6. NRS 118A.250 is hereby amended to read as follows:
118A.250 The landlord shall deliver to the tenant upon the tenants request a signed written receipt for the security deposit or surety bond, or a combination thereof, and any other payments, deposits or fees, including rent, paid by the tenant and received by the landlord. The tenant may refuse to make rent payments until the landlord tenders the requested receipt.
Sec. 7. NRS 118A.300 is hereby amended to read as follows:
118A.300 The landlord may not increase the rent payable by a tenant unless [it] the landlord serves the tenant with a written notice, [45] 60 days or, in the case of any periodic tenancy of less than 1 month, [15] 30 days in advance of the first rental payment to be increased, advising the tenant of the increase.
Sec. 8. NRS 118A.350 is hereby amended to read as follows:
118A.350 1. Except as otherwise provided in this chapter, if the landlord fails to comply with the rental agreement, the tenant shall deliver a written notice to the landlord specifying the acts and omissions constituting the breach and stating that the rental agreement will terminate as provided in this section. If the breach is remediable and the landlord adequately remedies the breach or uses his or her best efforts to remedy the breach within 14 days after receipt of the notice, the rental agreement does not terminate by reason of the breach. If the landlord fails to remedy the breach or make a reasonable effort to do so within the prescribed time, the tenant may:
κ2021 Statutes of Nevada, Page 402 (CHAPTER 95, AB 308)κ
(a) Terminate the rental agreement immediately.
(b) Recover actual damages.
(c) Apply to the court for such relief as the court deems proper under the circumstances.
2. The tenant may not terminate the rental agreement for a condition caused by the tenants own deliberate or negligent act or omission or that of a member of his or her household or other person on the premises with his or her consent.
3. If the rental agreement is terminated, the landlord shall return all prepaid rent and any security deposit recoverable by the tenant under this chapter.
4. A tenant may not proceed under this section unless the tenant has given notice as required by subsection 1, except that the tenant may, without giving that notice, recover damages under paragraph (b) of subsection 1 if the landlord:
(a) Admits to the court that the landlord had knowledge of the condition constituting the breach; or
(b) Has received written notice of that condition from a governmental agency authorized to inspect for violations of building, housing or health codes.
Sec. 9. NRS 118A.355 is hereby amended to read as follows:
118A.355 1. Except as otherwise provided in this chapter, if a landlord fails to maintain a dwelling unit in a habitable condition as required by this chapter, the tenant shall deliver a written notice to the landlord specifying each failure by the landlord to maintain the dwelling unit in a habitable condition and requesting that the landlord remedy the failures. If a failure is remediable and the landlord adequately remedies the failure or uses his or her best efforts to remedy the failure within 14 days after receipt of the notice, the tenant may not proceed under this section. If the landlord fails to remedy a material failure to maintain the dwelling unit in a habitable condition or to make a reasonable effort to do so within the prescribed time, the tenant may:
(a) Terminate the rental agreement immediately.
(b) Recover actual damages.
(c) Apply to the court for such relief as the court deems proper under the circumstances.
(d) Withhold any rent that becomes due without incurring late fees, charges for notice or any other charge or fee authorized by this chapter or the rental agreement until the landlord has remedied, or has attempted in good faith to remedy, the failure.
2. The tenant may not proceed under this section:
(a) For a condition caused by the tenants own deliberate or negligent act or omission or that of a member of his or her household or other person on the premises with his or her consent; or
(b) If the landlords inability to adequately remedy the failure or use his or her best efforts to remedy the failure within 14 days is due to the tenants refusal to allow lawful access to the dwelling unit as required by the rental agreement or this chapter.
3. If the rental agreement is terminated, the landlord shall return all prepaid rent and any security deposit recoverable by the tenant under this chapter.
κ2021 Statutes of Nevada, Page 403 (CHAPTER 95, AB 308)κ
4. A tenant may not proceed under this section unless the tenant has given notice as required by subsection 1, except that the tenant may, without giving that notice:
(a) Recover damages under paragraph (b) of subsection 1 if the landlord:
(1) Admits to the court that the landlord had knowledge of the condition constituting the failure to maintain the dwelling in a habitable condition; or
(2) Has received written notice of that condition from a governmental agency authorized to inspect for violations of building, housing or health codes.
(b) Withhold rent under paragraph (d) of subsection 1 if the landlord:
(1) Has received written notice of the condition constituting the failure to maintain the dwelling in a habitable condition from a governmental agency authorized to inspect for violations of building, housing or health codes; and
(2) Fails to remedy or attempt in good faith to remedy the failure within the time prescribed in the written notice of that condition from the governmental agency.
5. Justice courts shall establish by local rule a mechanism by which tenants may deposit rent withheld under paragraph (d) of subsection 1 into an escrow account maintained or approved by the court. A tenant does not have a defense to an eviction under paragraph (d) of subsection 1 unless the tenant has deposited the withheld rent into an escrow account pursuant to this subsection.
Sec. 10. NRS 118A.370 is hereby amended to read as follows:
118A.370 If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in this chapter, rent abates until possession is delivered as required, and the tenant may:
1. Terminate the rental agreement upon at least 5 days written notice to the landlord and upon termination the landlord shall return all prepaid rent, any security deposit recoverable under this chapter, and any payment, deposit, fee or charge to secure the execution of the rental agreement; or
2. Demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against the landlord or any person wrongfully in possession and recover the actual damages sustained. If the landlord has exercised due diligence to evict the holdover tenant or remedy the condition keeping the new tenant from taking possession, the landlord is not liable for damages; or
3. Pursue any other remedies to which the tenant is entitled, including the right to recover any actual damages suffered.
Sec. 11. NRS 118A.390 is hereby amended to read as follows:
118A.390 1. If the landlord unlawfully removes the tenant from the premises or excludes the tenant by blocking or attempting to block the tenants entry upon the premises, willfully interrupts or causes or permits the interruption of any essential item or service required by the rental agreement or this chapter or otherwise recovers possession of the dwelling unit in violation of NRS 118A.480, the tenant may recover immediate possession pursuant to subsection 4, proceed under NRS 118A.380 or terminate the rental agreement and, in addition to any other remedy, recover the tenants actual damages, receive an amount not greater than $2,500 to be fixed by the court, or both.
κ2021 Statutes of Nevada, Page 404 (CHAPTER 95, AB 308)κ
2. In determining the amount, if any, to be awarded under subsection 1, the court shall consider:
(a) Whether the landlord acted in good faith;
(b) The course of conduct between the landlord and the tenant; and
(c) The degree of harm to the tenant caused by the landlords conduct.
3. If the rental agreement is terminated pursuant to subsection 1, the landlord shall return all prepaid rent and any security deposit recoverable under this chapter.
4. Except as otherwise provided in subsection 5, the tenant may recover immediate possession of the premises from the landlord by filing a verified complaint for expedited relief for the unlawful removal or exclusion of the tenant from the premises, the willful interruption of any essential item or service or the recovery of possession of the dwelling unit in violation of NRS 118A.480.
5. A verified complaint for expedited relief:
(a) Must be filed with the court within 5 judicial days after the date of the unlawful act by the landlord, and the verified complaint must be dismissed if it is not timely filed. If the verified complaint for expedited relief is dismissed pursuant to this paragraph, the tenant retains the right to pursue all other available remedies against the landlord.
(b) May be consolidated with any action for summary eviction or unlawful detainer that is already pending between the landlord and tenant.
6. The court shall conduct a hearing on the verified complaint for expedited relief not later than 3 judicial days after the filing of the verified complaint for expedited relief. Before or at the scheduled hearing, the tenant must provide proof that the landlord has been properly served with a copy of the verified complaint for expedited relief. Upon the hearing, if it is determined that the landlord has violated any of the provisions of subsection 1, the court may:
(a) Order the landlord to restore to the tenant the premises or essential items or services, or both;
(b) Award damages pursuant to subsection 1; and
(c) Enjoin the landlord from violating the provisions of subsection 1 and, if the circumstances so warrant, hold the landlord in contempt of court.
7. The payment of all costs and official fees must be deferred for any tenant who files a verified complaint for expedited relief. After any hearing and not later than final disposition of the filing or order, the court shall assess the costs and fees against the party that does not prevail, except that the court may reduce them or waive them, as justice may require.
Sec. 12. NRS 118A.400 is hereby amended to read as follows:
118A.400 1. If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the dwelling unit is substantially impaired, the landlord may terminate the rental agreement and the tenant may, in addition to any other remedy:
(a) Immediately vacate the premises and notify the landlord within 7 days thereafter of the tenants intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating.
(b) If continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenants liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit or lack of use of the dwelling unit.
κ2021 Statutes of Nevada, Page 405 (CHAPTER 95, AB 308)κ
2. If the rental agreement is terminated, the landlord shall return all prepaid rent and any security deposit recoverable under this chapter. Accounting for rent in the event of termination or such continued occupancy shall be made as of the date the premises were vacated.
3. This section does not apply if it is determined that the fire or casualty were caused by deliberate or negligent acts of the tenant, a member of his or her household or other person on the premises with his or her consent.
Sec. 13. NRS 118A.440 is hereby amended to read as follows:
118A.440 If the tenants failure to perform basic obligations under this chapter can be remedied by repair, replacement of a damaged item or cleaning, and the tenant fails to use his or her best efforts to comply within 14 days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time or more promptly if conditions require in case of emergency, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner and submit the itemized bill for the actual and reasonable cost, or the fair and reasonable value of the work. The itemized bill [shall] must be paid as rent on the next date periodic rent is due, or if the rental agreement has terminated, may be submitted to the tenant for immediate payment or deducted from the security [.] deposit.
Sec. 14. NRS 40.253 is hereby amended to read as follows:
40.253 1. Except as otherwise provided in subsection 12, in addition to the remedy provided in NRS 40.2512 and 40.290 to 40.420, inclusive, when the tenant of any dwelling, apartment, mobile home or recreational vehicle with periodic rent reserved by the month or any shorter period is in default in payment of the rent, the landlord or the landlords agent may cause to be served a notice in writing, requiring in the alternative the payment of the rent or the surrender of the premises:
(a) Before the close of business on the seventh judicial day following the day of service; or
(b) If the landlord chooses not to proceed in the manner set forth in paragraph (a) and the rent is reserved by a period of 1 week or less and the tenancy has not continued for more than 45 days, at or before noon of the fourth full day following the day of service.
Κ As used in this subsection, day of service means the day the landlord or the landlords agent personally delivers the notice to the tenant. If personal service was not so delivered, the day of service means the day the notice is delivered, after posting and mailing pursuant to subsection 2, to the sheriff or constable for service if the request for service is made before noon. If the request for service by the sheriff or constable is made after noon, the day of service shall be deemed to be the day next following the day that the request is made for service by the sheriff or constable.
2. A landlord or the landlords agent who serves a notice to a tenant pursuant to paragraph (b) of subsection 1 shall attempt to deliver the notice in person in the manner set forth in subsection 2 of NRS 40.2542. If the notice cannot be delivered in person, the landlord or the landlords agent:
(a) Shall post a copy of the notice in a conspicuous place on the premises and mail the notice by overnight mail; and
(b) After the notice has been posted and mailed, may deliver the notice to the sheriff or constable for service in the manner set forth in subsection 1 of NRS 40.280. The sheriff or constable shall not accept the notice for service unless it is accompanied by written evidence, signed by the tenant when the tenant took possession of the premises, that the landlord or the landlords agent informed the tenant of the provisions of this section which set forth the lawful procedures for eviction from a short-term tenancy.
κ2021 Statutes of Nevada, Page 406 (CHAPTER 95, AB 308)κ
when the tenant took possession of the premises, that the landlord or the landlords agent informed the tenant of the provisions of this section which set forth the lawful procedures for eviction from a short-term tenancy. Upon acceptance, the sheriff or constable shall serve the notice within 48 hours after the request for service was made by the landlord or the landlords agent.
3. A notice served pursuant to subsection 1 or 2 must:
(a) Identify the court that has jurisdiction over the matter; and
(b) Advise the tenant:
(1) Of the tenants right to contest the matter by filing, within the time specified in subsection 1 for the payment of the rent or surrender of the premises, an affidavit with the court that has jurisdiction over the matter stating that the tenant has tendered payment or is not in default in the payment of the rent;
(2) That if the court determines that the tenant is guilty of an unlawful detainer, the court may issue a summary order for removal of the tenant or an order providing for the nonadmittance of the tenant, directing the sheriff or constable of the county to post the order in a conspicuous place on the premises not later than 24 hours after the order is received by the sheriff or constable. The sheriff or constable shall remove the tenant not earlier than 24 hours but not later than 36 hours after the posting of the order; and
(3) That, pursuant to NRS 118A.390, a tenant may seek relief if a landlord unlawfully removes the tenant from the premises or excludes the tenant by blocking or attempting to block the tenants entry upon the premises or willfully interrupts or causes or permits the interruption of an essential service required by the rental agreement or chapter 118A of NRS.
4. If the tenant files such an affidavit at or before the time stated in the notice, the landlord or the landlords agent, after receipt of a file-stamped copy of the affidavit which was filed, shall not provide for the nonadmittance of the tenant to the premises by locking or otherwise.
5. Upon noncompliance with the notice:
(a) The landlord or the landlords agent may apply by affidavit of complaint for eviction to the justice court of the township in which the dwelling, apartment, mobile home or recreational vehicle are located or to the district court of the county in which the dwelling, apartment, mobile home or recreational vehicle are located, whichever has jurisdiction over the matter. The court may thereupon issue an order directing the sheriff or constable of the county to post the order in a conspicuous place on the premises not later than 24 hours after the order is received by the sheriff or constable. The sheriff or constable shall remove the tenant not earlier than 24 hours but not later than 36 hours after the posting of the order. The affidavit must state or contain:
(1) The date the tenancy commenced.
(2) The amount of periodic rent reserved.
(3) The amounts of any cleaning, security or rent deposits paid in advance, in excess of the first months rent, by the tenant.
(4) The date the rental payments became delinquent.
(5) The length of time the tenant has remained in possession without paying rent.
(6) The amount of rent claimed due and delinquent.
(7) A statement that the written notice was served on the tenant in accordance with NRS 40.280.
(8) A copy of the written notice served on the tenant.
κ2021 Statutes of Nevada, Page 407 (CHAPTER 95, AB 308)κ
(9) A copy of the signed written rental agreement, if any.
(b) Except when the tenant has timely filed the affidavit described in subsection 3 and a file-stamped copy of it has been received by the landlord or the landlords agent, and except when the landlord is prohibited pursuant to NRS 118A.480, the landlord or the landlords agent may, in a peaceable manner, provide for the nonadmittance of the tenant to the premises by locking or otherwise.
6. Upon the filing by the tenant of the affidavit permitted in subsection 3, regardless of the information contained in the affidavit, and the filing by the landlord of the affidavit permitted by subsection 5, the justice court or the district court shall hold a hearing, after service of notice of the hearing upon the parties, to determine the truthfulness and sufficiency of any affidavit or notice provided for in this section. If the court determines that there is no legal defense as to the alleged unlawful detainer and the tenant is guilty of an unlawful detainer, the court may issue a summary order for removal of the tenant or an order providing for the nonadmittance of the tenant. If the court determines that there is a legal defense as to the alleged unlawful detainer, the court shall refuse to grant either party any relief, and, except as otherwise provided in this subsection, shall require that any further proceedings be conducted pursuant to NRS 40.290 to 40.420, inclusive. The issuance of a summary order for removal of the tenant does not preclude an action by the tenant for any damages or other relief to which the tenant may be entitled. If the alleged unlawful detainer was based upon subsection 5 of NRS 40.2514, the refusal by the court to grant relief does not preclude the landlord thereafter from pursuing an action for unlawful detainer in accordance with NRS 40.251.
7. The tenant may, upon payment of the appropriate fees relating to the filing and service of a motion, file a motion with the court, on a form provided by the clerk of the court, to dispute the amount of the costs, if any, claimed by the landlord pursuant to NRS 118A.460 for the inventory, moving and storage of personal property left on the premises. The motion must be filed within 20 days after the summary order for removal of the tenant or the abandonment of the premises by the tenant, or within 20 days after:
(a) The tenant has vacated or been removed from the premises; and
(b) A copy of those charges has been requested by or provided to the tenant,
Κ whichever is later.
8. Upon the filing of a motion pursuant to subsection 7, the court shall schedule a hearing on the motion. The hearing must be held within 10 days after the filing of the motion. The court shall affix the date of the hearing to the motion and order a copy served upon the landlord by the sheriff, constable or other process server. At the hearing, the court may:
(a) Determine the costs, if any, claimed by the landlord pursuant to NRS 118A.460 and any accumulating daily costs; and
(b) Order the release of the tenants property upon the payment of the charges determined to be due or if no charges are determined to be due.
9. The tenant may, upon payment of the appropriate fees relating to the filing and service of a motion, file a motion with the court on a form provided by the clerk of court to dispute the reasonableness of the actions of a landlord pursuant to subsection 3 of NRS 118A.460. The motion must be filed within 5 days after the tenant has vacated or been removed from the premises.
κ2021 Statutes of Nevada, Page 408 (CHAPTER 95, AB 308)κ
premises. Upon the filing of a motion pursuant to this subsection, the court shall schedule a hearing on the motion. The hearing must be held within 5 days after the filing of the motion. The court shall affix the date of the hearing to the motion and order a copy served upon the landlord by the sheriff, constable or other process server. At the hearing, the court may:
(a) Order the landlord to allow the retrieval of the tenants essential personal effects at the date and time and for a period necessary for the retrieval, as determined by the court; and
(b) Award damages in an amount not greater than $2,500.
10. In determining the amount of damages, if any, to be awarded under paragraph (b) of subsection 9, the court shall consider:
(a) Whether the landlord acted in good faith;
(b) The course of conduct between the landlord and the tenant; and
(c) The degree of harm to the tenant caused by the landlords conduct.
11. A landlord shall not refuse to accept rent from a tenant that is submitted after the landlord or the landlords agent has served or had served a notice pursuant to subsection 1 if the refusal is based on the fact that the tenant has not paid collection fees, attorneys fees or other costs other than rent, a reasonable charge for late payments of rent or dishonored checks, or a security [.] deposit. As used in this subsection, [security] security deposit has the meaning ascribed to it in NRS 118A.240.
12. Except as otherwise provided in NRS 118A.315, this section does not apply to:
(a) The tenant of a mobile home lot in a mobile home park or to the tenant of a recreational vehicle lot in an area of a mobile home park in this State other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 8 of NRS 40.215.
(b) A tenant who provides proof to the landlord that he or she is a federal worker, tribal worker, state worker or household member of such a worker during a shutdown.
13. As used in this section, close of business means the close of business of the court that has jurisdiction over the matter.
Sec. 15. This act becomes effective on July 1, 2021.
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κ2021 Statutes of Nevada, Page 409κ
Assembly Bill No. 173Assemblywoman Jauregui
CHAPTER 96
[Approved: May 25, 2021]
AN ACT relating to professional regulation; revising provisions relating to the exemption from licensure as a professional engineer for employees of certain public utility companies; revising provisions relating to eligibility to take certain required examinations for licensure as a professional land surveyor; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the State Board of Professional Engineers and Land Surveyors to license and regulate professional engineers and land surveyors. (Chapter 625 of NRS) Existing law exempts the employees of interstate or intrastate public utility companies from such licensure requirements while they are engaged in work for those companies. (NRS 625.095) Existing law creates the Public Utilities Commission of Nevada and requires the Commission to supervise and regulate the operation and maintenance of public utilities and other entities subject to the jurisdiction of the Commission. (NRS 703.020, 703.150) Section 1 of this bill removes the exemption from licensure as a professional engineer for an employee of a public utility company that supplies natural gas and is subject to the jurisdiction of the Commission if the employee is engaged in a type of work for the public utility which the Commission has determined requires licensure in regulations adopted pursuant to section 3 of this bill.
Existing law requires an applicant for licensure as a professional land surveyor to: (1) pass an examination on the fundamentals of land surveying or receive a waiver of that requirement; and (2) pass an examination on the principles and practices of land surveying. (NRS 625.270, 625.280) Existing law prohibits an applicant for licensure as a professional land surveyor from taking the examination on the principles and practices of land surveying unless the applicant: (1) is a graduate of a 4-year land-surveying curriculum approved by the State Board of Professional Engineers and Land Surveyors; and (2) has a record of 4 or more years of certain active experience in land surveying. (NRS 625.270) Section 2 of this bill eliminates the requirement that an applicant complete the required years of active experience in land surveying for eligibility to take the examination on the principles and practices of land surveying. Therefore, although an applicant is still required to complete the prescribed years of active experience for licensure, the applicant is eligible to take the examination on the principles and practices of land surveying once the applicant meets the educational 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. NRS 625.095 is hereby amended to read as follows:
625.095 1. The following persons are exempt from the provisions of this chapter which require licensure:
(a) Any subordinate of a professional engineer of this State if he or she acts as a subordinate.
(b) Officers and employees of the United States Government who have qualified pursuant to federal regulations and have been authorized to do engineering for the Federal Government, but no such governmental officer or employee may engage in the private practice of engineering in Nevada unless licensed pursuant to the provisions of this chapter.
κ2021 Statutes of Nevada, Page 410 (CHAPTER 96, AB 173)κ
employee may engage in the private practice of engineering in Nevada unless licensed pursuant to the provisions of this chapter.
2. The licensure requirements of this chapter do not apply to:
(a) The employees of interstate or intrastate public utility companies while they are engaged in any type of work for those companies [;] , except work of a type prescribed pursuant to section 3 of this act;
(b) Any architect registered pursuant to the provisions of chapter 623 of NRS and who practices architecture as permitted by chapter 623 of NRS; or
(c) A person, while using a scanner for the purpose of construction management or monitoring, or both, if the person is certified by the International Conference of Building Officials or a successor organization for the purposes for which he or she is using the scanner.
3. As used in this section, scanner means a device that uses laser technology to capture the digital shape of physical objects through laser triangulation.
Sec. 2. NRS 625.270 is hereby amended to read as follows:
625.270 1. A person who is 21 years of age or older may apply to the Board, in accordance with the provisions of this chapter and any regulations adopted by the Board, for licensure as a professional land surveyor.
2. An applicant for licensure as a professional land surveyor must:
(a) Be of good character and reputation; [and]
(b) Pass the examination on the [:
(1) Fundamentals] fundamentals of land surveying required by paragraph (a) of subsection 1 of NRS 625.280 or receive a waiver of that requirement; [and
(2) Principles]
(c) Pass the examination on the principles and practices of land surveying [,
Κ pursuant to NRS 625.280.] required by paragraph (b) of subsection 1 of NRS 625.280; and
(d) Have a record of 4 or more years of active experience in land surveying that is satisfactory to the Board and indicates that the applicant is competent to be placed in responsible charge of land-surveying work.
3. An applicant for licensure as a professional land surveyor may not take the examination on the principles and practices of land surveying [,] required by paragraph (b) of subsection 1 of NRS 625.280 unless the applicant is a graduate of a land-surveying curriculum of 4 years or more that is approved by the Board . [and has a record of 4 years or more of active experience in land surveying that is satisfactory to the Board and indicates that the applicant is competent to be placed in responsible charge of land-surveying work.]
4. To determine whether an applicant for licensure as a professional land surveyor has an adequate record of active experience pursuant to subsection [3:] 2:
(a) Two of the 4 years of active experience must have been completed by working under the direct supervision of a professional land surveyor, unless that requirement is waived by the Board.
(b) The execution, as a contractor, of work designed by a professional land surveyor, or the supervision of the construction of that work as a foreman or superintendent, is not equivalent to active experience in land surveying.
5. A person who is not working in the field of land surveying when applying for licensure is eligible for licensure as a professional land surveyor if the person complies with the requirements for licensure prescribed in this chapter.
κ2021 Statutes of Nevada, Page 411 (CHAPTER 96, AB 173)κ
Sec. 3. Chapter 703 of NRS is hereby amended by adding thereto a new section to read as follows:
The Commission shall adopt regulations that prescribe the types of work for which a license as a professional engineer issued pursuant to chapter 625 of NRS is required for employees of a public utility that supplies natural gas and is subject to the jurisdiction of the Commission.
Sec. 4. An employee of a public utility that supplies natural gas and is subject to the jurisdiction of the Public Utilities Commission of Nevada who is engaged in a type of work before July 1, 2021, for which a license as a professional engineer issued pursuant to chapter 625 of NRS is required pursuant to the provisions of sections 1 and 3 of this act on July 1, 2021, may continue to engage in that type of work without a license until July 1, 2022.
Sec. 5. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 4, 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.
________
Assembly Bill No. 154Assemblymen Roberts, Tolles, Nguyen, Watts; and Monroe-Moreno
Joint Sponsor: Senator Hammond
CHAPTER 97
[Approved: May 25, 2021]
AN ACT relating to public utilities; authorizing public utilities to provide certain notice to customers electronically; revising certain requirements governing the quarterly rate of adjustment provided by a public utility; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth general standards and practices for public utilities. (NRS 704.143-704.1835) Section 1 of this bill authorizes a public utility to provide by electronic transmission any notice that is required to be provided to a customer if the customer requests such transmission and it is within the capability of the public utility to provide the notice electronically. Section 2 of this bill authorizes a public utility to provide notice of each quarterly rate adjustment to its customers electronically pursuant to section 1 instead of with the customers regular monthly bill as required under existing law. Existing law also requires the quarterly rate of adjustment to be printed on fluorescent colored paper separately from the customers bill and prescribes the contents of the quarterly rate of adjustment. (NRS 704.110) Section 2 of this bill: (1) removes the requirement that the quarterly rate of adjustment be printed on fluorescent colored paper separately from the bill; (2) provides that if the quarterly rate of adjustment is provided electronically, the subject line of the electronic transmission must indicate that such an adjustment is included in the transmission; and (3) requires the contents of the quarterly rate of adjustment to be in clear and bold text, regardless of the method of transmission.
κ2021 Statutes of Nevada, Page 412 (CHAPTER 97, AB 154)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 704 of NRS is hereby amended by adding thereto a new section to read as follows:
If notice is required to be provided by a public utility to a customer pursuant to this chapter or the regulations adopted pursuant thereto, the notice may be provided to the customer, if requested by the customer and within the capability of the public utility, by electronic transmission to the most recent electronic mail address provided to the public utility by the customer.
Sec. 2. NRS 704.110 is hereby amended to read as follows:
704.110 Except as otherwise provided in NRS 704.075, 704.68861 to 704.68887, inclusive, and 704.7865, or as may otherwise be provided by the Commission pursuant to NRS 704.095, 704.097 or 704.7621:
1. If a public utility files with the Commission an application to make changes in any schedule, including, without limitation, changes that will result in a discontinuance, modification or restriction of service, the Commission shall investigate the propriety of the proposed changes to determine whether to approve or disapprove the proposed changes. If an electric utility files such an application and the application is a general rate application or an annual deferred energy accounting adjustment application, the Consumers Advocate shall be deemed a party of record.
2. Except as otherwise provided in subsection 3, if a public utility files with the Commission an application to make changes in any schedule, the Commission shall, not later than 210 days after the date on which the application is filed, issue a written order approving or disapproving, in whole or in part, the proposed changes.
3. If a public utility files with the Commission a general rate application, the public utility shall submit with its application a statement showing the recorded results of revenues, expenses, investments and costs of capital for its most recent 12 months for which data were available when the application was prepared. Except as otherwise provided in subsection 4, in determining whether to approve or disapprove any increased rates, the Commission shall consider evidence in support of the increased rates based upon actual recorded results of operations for the same 12 months, adjusted for increased revenues, any increased investment in facilities, increased expenses for depreciation, certain other operating expenses as approved by the Commission and changes in the costs of securities which are known and are measurable with reasonable accuracy at the time of filing and which will become effective within 6 months after the last month of those 12 months, but the public utility shall not place into effect any increased rates until the changes have been experienced and certified by the public utility to the Commission and the Commission has approved the increased rates. The Commission shall also consider evidence supporting expenses for depreciation, calculated on an annual basis, applicable to major components of the public utilitys plant placed into service during the recorded test period or the period for certification as set forth in the application. Adjustments to revenues, operating expenses and costs of securities must be calculated on an annual basis. Within 90 days after the date on which the certification required by this subsection is filed with the Commission, or within the period set forth in subsection 2, whichever time is longer, the Commission shall make such order in reference to the increased rates as is required by this chapter.
κ2021 Statutes of Nevada, Page 413 (CHAPTER 97, AB 154)κ
required by this subsection is filed with the Commission, or within the period set forth in subsection 2, whichever time is longer, the Commission shall make such order in reference to the increased rates as is required by this chapter. The following public utilities shall each file a general rate application pursuant to this subsection based on the following schedule:
(a) An electric utility that primarily serves less densely populated counties shall file a general rate application:
(1) Not later than 5 p.m. on or before the first Monday in June 2019; and
(2) Once every 36 months thereafter or on a date specified in an alternative rate-making plan approved by the Commission pursuant to NRS 704.7621.
(b) An electric utility that primarily serves densely populated counties shall file a general rate application:
(1) Not later than 5 p.m. on or before the first Monday in June 2020; and
(2) Once every 36 months thereafter or on a date specified in an alternative rate-making plan approved by the Commission pursuant to NRS 704.7621.
(c) A public utility that furnishes water for municipal, industrial or domestic purposes or services for the disposal of sewage, or both, which had an annual gross operating revenue of $2,000,000 or more for at least 1 year during the immediately preceding 3 years and which had not filed a general rate application with the Commission on or after July 1, 2005, shall file a general rate application on or before June 30, 2008, and at least once every 36 months thereafter unless waived by the Commission pursuant to standards adopted by regulation of the Commission. If a public utility furnishes both water and services for the disposal of sewage, its annual gross operating revenue for each service must be considered separately for determining whether the public utility meets the requirements of this paragraph for either service.
(d) A public utility that furnishes water for municipal, industrial or domestic purposes or services for the disposal of sewage, or both, which had an annual gross operating revenue of $2,000,000 or more for at least 1 year during the immediately preceding 3 years and which had filed a general rate application with the Commission on or after July 1, 2005, shall file a general rate application on or before June 30, 2009, and at least once every 36 months thereafter unless waived by the Commission pursuant to standards adopted by regulation of the Commission. If a public utility furnishes both water and services for the disposal of sewage, its annual gross operating revenue for each service must be considered separately for determining whether the public utility meets the requirements of this paragraph for either service.
Κ The Commission shall adopt regulations setting forth standards for waivers pursuant to paragraphs (c) and (d) and for including the costs incurred by the public utility in preparing and presenting the general rate application before the effective date of any change in rates.
4. In addition to submitting the statement required pursuant to subsection 3, a public utility may submit with its general rate application a statement showing the effects, on an annualized basis, of all expected changes in circumstances. If such a statement is filed, it must include all increases and decreases in revenue and expenses which may occur within 210 days after the date on which its general rate application is filed with the Commission if such expected changes in circumstances are reasonably known and are measurable with reasonable accuracy.
κ2021 Statutes of Nevada, Page 414 (CHAPTER 97, AB 154)κ
Commission if such expected changes in circumstances are reasonably known and are measurable with reasonable accuracy. If a public utility submits such a statement, the public utility has the burden of proving that the expected changes in circumstances set forth in the statement are reasonably known and are measurable with reasonable accuracy. The Commission shall consider expected changes in circumstances to be reasonably known and measurable with reasonable accuracy if the expected changes in circumstances consist of specific and identifiable events or programs rather than general trends, patterns or developments, have an objectively high probability of occurring to the degree, in the amount and at the time expected, are primarily measurable by recorded or verifiable revenues and expenses and are easily and objectively calculated, with the calculation of the expected changes relying only secondarily on estimates, forecasts, projections or budgets. If the Commission determines that the public utility has met its burden of proof:
(a) The Commission shall consider the statement submitted pursuant to this subsection and evidence relevant to the statement, including all reasonable projected or forecasted offsets in revenue and expenses that are directly attributable to or associated with the expected changes in circumstances under consideration, in addition to the statement required pursuant to subsection 3 as evidence in establishing just and reasonable rates for the public utility; and
(b) The public utility is not required to file with the Commission the certification that would otherwise be required pursuant to subsection 3.
5. If a public utility files with the Commission an application to make changes in any schedule and the Commission does not issue a final written order regarding the proposed changes within the time required by this section, the proposed changes shall be deemed to be approved by the Commission.
6. If a public utility files with the Commission a general rate application, the public utility shall not file with the Commission another general rate application until all pending general rate applications filed by that public utility have been decided by the Commission unless, after application and hearing, the Commission determines that a substantial financial emergency would exist if the public utility is not permitted to file another general rate application sooner. The provisions of this subsection do not prohibit the public utility from filing with the Commission, while a general rate application is pending, an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale pursuant to subsection 7, a quarterly rate adjustment pursuant to subsection 8 or 10, any information relating to deferred accounting requirements pursuant to NRS 704.185 or an annual deferred energy accounting adjustment application pursuant to NRS 704.187, if the public utility is otherwise authorized to so file by those provisions.
7. A public utility may file an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale once every 30 days. The provisions of this subsection do not apply to:
(a) An electric utility which is required to adjust its rates on a quarterly basis pursuant to subsection 10; or
(b) A public utility which purchases natural gas for resale and which adjusts its rates on a quarterly basis pursuant to subsection 8.
κ2021 Statutes of Nevada, Page 415 (CHAPTER 97, AB 154)κ
8. A public utility which purchases natural gas for resale must request approval from the Commission to adjust its rates on a quarterly basis between annual rate adjustment applications based on changes in the public utilitys recorded costs of natural gas purchased for resale. A public utility which purchases natural gas for resale and which adjusts its rates on a quarterly basis may request approval from the Commission to make quarterly adjustments to its deferred energy accounting adjustment. The Commission shall approve or deny such a request not later than 120 days after the application is filed with the Commission. The Commission may approve the request if the Commission finds that approval of the request is in the public interest. If the Commission approves a request to make quarterly adjustments to the deferred energy accounting adjustment of a public utility pursuant to this subsection, any quarterly adjustment to the deferred energy accounting adjustment must not exceed 2.5 cents per therm of natural gas. If the balance of the public utilitys deferred account varies by less than 5 percent from the public utilitys annual recorded costs of natural gas which are used to calculate quarterly rate adjustments, the deferred energy accounting adjustment must be set to zero cents per therm of natural gas.
9. If the Commission approves a request to make any rate adjustments on a quarterly basis pursuant to subsection 8:
(a) The public utility shall file written notice with the Commission before the public utility makes a quarterly rate adjustment. A quarterly rate adjustment is not subject to the requirements for notice and a hearing pursuant to NRS 703.320 or the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.
(b) The public utility shall provide written notice of each quarterly rate adjustment to its customers by including the written notice with a customers regular monthly bill [.] or by electronic transmission pursuant to section 1 of this act. The public utility shall begin providing such written notice to its customers not later than 30 days after the date on which the public utility files its written notice with the Commission pursuant to paragraph (a). The written notice [that is included with a customers regular monthly bill:] required by this paragraph:
(1) Must be printed separately [on fluorescent-colored paper and must not be attached to the pages of the bill;] , if included with the customers regular monthly bill, or the subject line of the electronic transmission must indicate that notice of a quarterly rate adjustment is included, if provided by electronic transmission pursuant to section 1 of this act; and
(2) Must include the following [:] in clear and bold text:
(I) The total amount of the increase or decrease in the public utilitys revenues from the rate adjustment, stated in dollars and as a percentage;
(II) The amount of the monthly increase or decrease in charges for each class of customer or class of service, stated in dollars and as a percentage;
(III) A statement that customers may send written comments or protests regarding the rate adjustment to the Commission;
(IV) A statement that the transactions and recorded costs of natural gas which are the basis for any quarterly rate adjustment will be reviewed for reasonableness and prudence in the next proceeding held by the Commission to review the annual rate adjustment application pursuant to paragraph (d); and
κ2021 Statutes of Nevada, Page 416 (CHAPTER 97, AB 154)κ
reviewed for reasonableness and prudence in the next proceeding held by the Commission to review the annual rate adjustment application pursuant to paragraph (d); and
(V) Any other information required by the Commission.
(c) The public utility shall file an annual rate adjustment application with the Commission. The annual rate adjustment application is subject to the requirements for notice and a hearing pursuant to NRS 703.320 and the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.
(d) The proceeding regarding the annual rate adjustment application must include a review of each quarterly rate adjustment and the transactions and recorded costs of natural gas included in each quarterly filing and the annual rate adjustment application. There is no presumption of reasonableness or prudence for any quarterly rate adjustment or for any transactions or recorded costs of natural gas included in any quarterly rate adjustment or the annual rate adjustment application, and the public utility has the burden of proving reasonableness and prudence in the proceeding.
(e) The Commission shall not allow the public utility to recover any recorded costs of natural gas which were the result of any practice or transaction that was unreasonable or was undertaken, managed or performed imprudently by the public utility, and the Commission shall order the public utility to adjust its rates if the Commission determines that any recorded costs of natural gas included in any quarterly rate adjustment or the annual rate adjustment application were not reasonable or prudent.
10. An electric utility shall adjust its rates on a quarterly basis based on changes in the electric utilitys recorded costs of purchased fuel or purchased power. In addition to adjusting its rates on a quarterly basis, an electric utility may request approval from the Commission to make quarterly adjustments to its deferred energy accounting adjustment. The Commission shall approve or deny such a request not later than 120 days after the application is filed with the Commission. The Commission may approve the request if the Commission finds that approval of the request is in the public interest. If the Commission approves a request to make quarterly adjustments to the deferred energy accounting adjustment of an electric utility pursuant to this subsection, any quarterly adjustment to the deferred energy accounting adjustment must not exceed 0.25 cents per kilowatt-hour of electricity. If the balance of the electric utilitys deferred account varies by less than 5 percent from the electric utilitys annual recorded costs for purchased fuel or purchased power which are used to calculate quarterly rate adjustments, the deferred energy accounting adjustment must be set to zero cents per kilowatt-hour of electricity.
11. A quarterly rate adjustment filed pursuant to subsection 10 is subject to the following requirements:
(a) The electric utility shall file written notice with the Commission on or before August 15, 2007, and every quarter thereafter of the quarterly rate adjustment to be made by the electric utility for the following quarter. The first quarterly rate adjustment by the electric utility will take effect on October 1, 2007, and each subsequent quarterly rate adjustment will take effect every quarter thereafter. The first quarterly adjustment to a deferred energy accounting adjustment must be made pursuant to an order issued by the Commission approving the application of an electric utility to make quarterly adjustments to its deferred energy accounting adjustment. A quarterly rate adjustment is not subject to the requirements for notice and a hearing pursuant to NRS 703.320 or the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.
κ2021 Statutes of Nevada, Page 417 (CHAPTER 97, AB 154)κ
and a hearing pursuant to NRS 703.320 or the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.
(b) The electric utility shall provide written notice of each quarterly rate adjustment to its customers by including the written notice with a customers regular monthly bill [.] or by electronic submission pursuant to section 1 of this act. The electric utility shall begin providing such written notice to its customers not later than 30 days after the date on which the electric utility files a written notice with the Commission pursuant to paragraph (a). The written notice [that is included with a customers regular monthly bill:] required by this paragraph:
(1) Must be printed separately [on fluorescent-colored paper and must not be attached to the pages of the bill;] , if included with the customers regular monthly bill, or the subject line of the electronic transmission must indicate that notice of a quarterly rate adjustment is included, if provided by electronic transmission pursuant to section 1 of this act; and
(2) Must include the following [:] in clear and bold text:
(I) The total amount of the increase or decrease in the electric utilitys revenues from the rate adjustment, stated in dollars and as a percentage;
(II) The amount of the monthly increase or decrease in charges for each class of customer or class of service, stated in dollars and as a percentage;
(III) A statement that customers may send written comments or protests regarding the rate adjustment to the Commission;
(IV) A statement that the transactions and recorded costs of purchased fuel or purchased power which are the basis for any quarterly rate adjustment will be reviewed for reasonableness and prudence in the next proceeding held by the Commission to review the annual deferred energy accounting adjustment application pursuant to paragraph (d); and
(V) Any other information required by the Commission.
(c) The electric utility shall file an annual deferred energy accounting adjustment application pursuant to NRS 704.187 with the Commission. The annual deferred energy accounting adjustment application is subject to the requirements for notice and a hearing pursuant to NRS 703.320 and the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.
(d) The proceeding regarding the annual deferred energy accounting adjustment application must include a review of each quarterly rate adjustment and the transactions and recorded costs of purchased fuel and purchased power included in each quarterly filing and the annual deferred energy accounting adjustment application. There is no presumption of reasonableness or prudence for any quarterly rate adjustment or for any transactions or recorded costs of purchased fuel and purchased power included in any quarterly rate adjustment or the annual deferred energy accounting adjustment application, and the electric utility has the burden of proving reasonableness and prudence in the proceeding.
(e) The Commission shall not allow the electric utility to recover any recorded costs of purchased fuel and purchased power which were the result of any practice or transaction that was unreasonable or was undertaken, managed or performed imprudently by the electric utility, and the Commission shall order the electric utility to adjust its rates if the Commission determines that any recorded costs of purchased fuel and purchased power included in any quarterly rate adjustment or the annual deferred energy accounting adjustment application were not reasonable or prudent.
κ2021 Statutes of Nevada, Page 418 (CHAPTER 97, AB 154)κ
any recorded costs of purchased fuel and purchased power included in any quarterly rate adjustment or the annual deferred energy accounting adjustment application were not reasonable or prudent.
12. If an electric utility files an annual deferred energy accounting adjustment application pursuant to subsection 11 and NRS 704.187 while a general rate application is pending, the electric utility shall:
(a) Submit with its annual deferred energy accounting adjustment application information relating to the cost of service and rate design; and
(b) Supplement its general rate application with the same information, if such information was not submitted with the general rate application.
13. A utility facility identified in a 3-year plan submitted pursuant to NRS 704.741 and accepted by the Commission for acquisition or construction pursuant to NRS 704.751 and the regulations adopted pursuant thereto, or the retirement or elimination of a utility facility identified in an emissions reduction and capacity replacement plan submitted pursuant to NRS 704.7316 and accepted by the Commission for retirement or elimination pursuant to NRS 704.751 and the regulations adopted pursuant thereto, shall be deemed to be a prudent investment. The utility may recover all just and reasonable costs of planning and constructing, or retiring or eliminating, as applicable, such a facility. For the purposes of this subsection, a plan or an amendment to a plan shall be deemed to be accepted by the Commission only as to that portion of the plan or amendment accepted as filed or modified with the consent of the utility pursuant to NRS 704.751.
14. In regard to any rate or schedule approved or disapproved pursuant to this section, the Commission may, after a hearing:
(a) Upon the request of the utility, approve a new rate but delay the implementation of that new rate:
(1) Until a date determined by the Commission; and
(2) Under conditions as determined by the Commission, including, without limitation, a requirement that interest charges be included in the collection of the new rate; and
(b) Authorize a utility to implement a reduced rate for low-income residential customers.
15. The Commission may, upon request and for good cause shown, permit a public utility which purchases natural gas for resale or an electric utility to make a quarterly adjustment to its deferred energy accounting adjustment in excess of the maximum allowable adjustment pursuant to subsection 8 or 10.
16. A public utility which purchases natural gas for resale or an electric utility that makes quarterly adjustments to its deferred energy accounting adjustment pursuant to subsection 8 or 10 may submit to the Commission for approval an application to discontinue making quarterly adjustments to its deferred energy accounting adjustment and to subsequently make annual adjustments to its deferred energy accounting adjustment. The Commission may approve an application submitted pursuant to this subsection if the Commission finds that approval of the application is in the public interest.
17. As used in this section:
(a) Deferred energy accounting adjustment means the rate of a public utility which purchases natural gas for resale or an electric utility that is calculated by dividing the balance of a deferred account during a specified period by the total therms or kilowatt-hours which have been sold in the geographical area to which the rate applies during the specified period, not including kilowatt-hours sold pursuant to an expanded solar access program established pursuant to NRS 704.7865.
κ2021 Statutes of Nevada, Page 419 (CHAPTER 97, AB 154)κ
not including kilowatt-hours sold pursuant to an expanded solar access program established pursuant to NRS 704.7865.
(b) Electric utility has the meaning ascribed to it in NRS 704.187.
(c) Electric utility that primarily serves densely populated counties means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this State from customers located in counties whose population is 700,000 or more than it does from customers located in counties whose population is less than 700,000.
(d) Electric utility that primarily serves less densely populated counties means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this State from customers located in counties whose population is less than 700,000 than it does from customers located in counties whose population is 700,000 or more.
________
Assembly Bill No. 51Committee on Commerce and Labor
CHAPTER 98
[Approved: May 26, 2021]
AN ACT relating to contractors; revising provisions governing the eligibility of an injured person to recover damages from the Recovery Fund administered by the State Contractors Board; limiting the rights which are assigned to the Board by an injured person who recovers satisfaction of a judgment from the Recovery Fund; increasing the amount of an administrative fine which the Board may impose against a residential contractor for failing to notify an owner of certain rights relating to the Recovery Fund; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that, subject to certain exceptions, an owner of a single-family residence who suffers actual damages as a result of the acts or omissions of a residential contractor who is licensed by the State Contractors Board may be eligible to recover damages from the Recovery Fund administered by the Board. (NRS 624.400-624.560)
Section 1 of this bill defines single-family residence for the purpose of establishing eligibility to recover damages from the Recovery Fund.
Existing law provides that an injured person who has obtained a judgment against a residential contractor for an eligible claim: (1) may apply to the Board for satisfaction of the judgment; and (2) upon obtaining payment from the Recovery Fund, assigns to the Board his or her rights to enforce the judgment. (NRS 624.490) Section 4 of this bill provides that: (1) such an assignment is limited to the amount of the injured persons payment from the Recovery Fund; and (2) the injured person retains all other applicable rights.
Section 5 of this bill increases the amount of an administrative fine which the Board may impose upon a residential contractor for failure to notify an owner with whom the contractor contracts of the rights of the owner relating to the Recovery Fund.
Sections 2, 3, 6 and 7 of this bill make conforming changes to indicate the placement of the new definitional section in the subchapter, Recovery Fund, in chapter 624 of NRS.
κ2021 Statutes of Nevada, Page 420 (CHAPTER 98, AB 51)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 624 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 3, single-family residence means:
(a) A detached, stand-alone dwelling which is built upon a foundation and situated on its own real property parcel; or
(b) An individual condominium unit, townhouse unit or duplex unit,
Κ that serves as the residence for its owner.
2. Except as otherwise provided in subsection 3, the term includes:
(a) Any improvements associated with the dwelling that are affixed to the real property parcel.
(b) Any other real property which:
(1) Has a unique assessors parcel number or other unique identifier; and
(2) Is occupied as a residence by the owner of the property.
3. The term does not include:
(a) Any mobile or manufactured home.
(b) Personal property.
(c) Common areas or common elements of a condominium or other multi-family dwelling. As used in this paragraph, common elements has the meaning ascribed to it in NRS 116.017.
(d) Improvements to any real property that is not owned by the dweller of the residence.
(e) Any dwelling or real property improvement which is rented or leased on a full- or part-time basis by a person who is not a member of the owners family. As used in this paragraph, member of the owners family means a person related to the owner by blood, adoption, marriage or domestic partnership within the second degree of consanguinity or affinity.
Sec. 2. NRS 624.400 is hereby amended to read as follows:
624.400 As used in NRS 624.400 to 624.560, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 624.410 to 624.460, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.
Sec. 3. NRS 624.470 is hereby amended to read as follows:
624.470 1. Except as otherwise provided in subsection 3, in addition to the fee for a license required pursuant to NRS 624.280, a residential contractor shall pay to the Board an assessment not to exceed the following amount, if the monetary limit on the residential contractors license is:
Not more than $1,000,000........................................ $200 per biennium
More than $1,000,000 but limited............................. 500 per biennium
Unlimited................................................................... 1,000 per biennium
κ2021 Statutes of Nevada, Page 421 (CHAPTER 98, AB 51)κ
2. The Board shall administer and account separately for the money received from the assessments collected pursuant to subsection 1. The Board may refer to the money in the account as the Recovery Fund.
3. The Board shall reduce the amount of the assessments collected pursuant to subsection 1 when the balance in the account reaches 150 percent of the largest balance in the account during the previous fiscal year.
4. Except as otherwise provided in NRS 624.540, the money in the account must be used to pay claims made by injured persons, as provided in NRS 624.400 to 624.560, inclusive [.] , and section 1 of this act.
Sec. 4. NRS 624.490 is hereby amended to read as follows:
624.490 Within 2 years after an injured person has obtained a judgment in any court of competent jurisdiction for recovery of damages against a residential contractor for an act or omission of the residential contractor that is in violation of this chapter or the regulations adopted pursuant thereto, the injured person may apply to the Board for satisfaction of the judgment from the account if:
1. The proceedings in connection with the judgment have terminated, including appeals;
2. The injured person submits an application on a form established for this purpose by the Board;
3. The injured person submits proof satisfactory to the Board of the judgment; and
4. Upon obtaining payment from the account, the injured person assigns to the Board his or her rights to enforce the judgment [to the Board.] up to the amount of his or her payment from the account. All other applicable rights remain with the injured person.
Sec. 5. NRS 624.520 is hereby amended to read as follows:
624.520 1. A residential contractor shall notify an owner with whom he or she contracts of the rights of the owner pursuant to NRS 624.400 to 624.560, inclusive, and section 1 of this act, including, without limitation, providing a written statement explaining those rights in any agreement or contract for qualified services. The written statement must be in substantially the following form:
RESIDENTIAL CONSTRUCTION RECOVERY FUND
Payment may be available from the Recovery Fund if you are damaged financially by a project performed on your residence pursuant to a contract, including construction, remodeling, repair or other improvements, and the damage resulted from certain specified violations of Nevada law by a contractor licensed in this State. To obtain information relating to the Recovery Fund and filing a claim for recovery from the Recovery Fund, you may contact the State Contractors Board.
2. The Board may impose upon a contractor an administrative fine:
(a) Of not more than [$100] $250 for the first violation of subsection 1; and
κ2021 Statutes of Nevada, Page 422 (CHAPTER 98, AB 51)κ
(b) Of not more than [$250] $500 for a second or subsequent violation of subsection 1.
3. The Board shall deposit any money received pursuant to this section in the account established pursuant to NRS 624.470.
Sec. 6. NRS 624.530 is hereby amended to read as follows:
624.530 1. The provisions of NRS 624.400 to 624.560, inclusive, and section 1 of this act do not limit the authority of the Board to take disciplinary action against a residential contractor.
2. If the Board or its designee finds that an owner recovered from the account an amount paid by the owner to obtain a release of a lien recorded against property to be improved by a construction project as a result of a residential contractors act or omission as described in subsection 2 of NRS 624.3012, in addition to any disciplinary action that the Board takes against the residential contractor pursuant to subsection 1, the Board may:
(a) Suspend or revoke the license of the residential contractor; and
(b) Prohibit the issuance, reinstatement or renewal of a license to the residential contractor and any officer, director, associate or partner thereof, unless the residential contractor or any officer, director, associate or partner thereof repays to the account or the owner, or both, as appropriate, any amount paid out of the account or by the owner as a result of the act or omission of the residential contractor.
Sec. 7. NRS 624.560 is hereby amended to read as follows:
624.560 The Board shall adopt such regulations as are necessary to carry out the provisions of NRS 624.400 to 624.560, inclusive, and section 1 of this act, including, without limitation, regulations governing:
1. The disbursement of money from the account; and
2. The manner in which a complaint is filed with the Board or its designee pursuant to NRS 624.480.
Sec. 8. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 423κ
Assembly Bill No. 205Assemblywomen Cohen; Bilbray-Axelrod and Nguyen
CHAPTER 99
[Approved: May 26, 2021]
AN ACT relating to controlled substances; authorizing certain health care professionals to issue an order for an opioid antagonist to a public or private school; authorizing public and private schools to obtain and maintain opioid antagonists under certain conditions; providing immunity to certain persons for acts or omissions relating to the acquisition, possession, provision or administration of auto-injectable epinephrine or opioid antagonists in certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes certain physicians, physician assistants and advanced practice registered nurses to prescribe and dispense an opioid antagonist to a person at risk of experiencing an opioid-related drug overdose, or to a family member, friend or other person who is in a position to assist a person experiencing an opioid-related drug overdose. (Chapter 453C of NRS, NRS 453C.100) Existing law also authorizes certain health care professionals to issue an order for auto-injectable epinephrine to a public or private school to be maintained at the school for the treatment of anaphylaxis that may be experienced by any pupil at the school. (NRS 630.374, 632.239, 633.707) Section 1 of this bill authorizes certain health care professionals to issue such an order for opioid antagonists to a public or private school for the treatment of an opioid-related drug overdose that may be experienced by any person at the school. Section 1 also provides that a health care professional is not subject to disciplinary action for issuing such an order to a school.
Existing law requires each public school, including each charter school, to obtain an order from certain health care professionals for auto-injectable epinephrine to maintain the drug at the school. (NRS 386.870) Existing law similarly authorizes a private school to obtain and maintain auto-injectable epinephrine at the school. (NRS 394.1995) Sections 5 and 8 of this bill authorize a public or private school, respectively, to obtain an order for an opioid antagonist. If a public or private school obtains such an order, sections 2, 5 and 8 of this bill authorize a school nurse or other designated employee of the public or private school, as applicable, who has received training in the storage and administration of opioid antagonists to administer an opioid antagonist to any person on the premises of the school who is reasonably believed to be experiencing an opioid-related drug overdose. Section 4 of this bill: (1) establishes requirements relating to the storage, handling and transportation of opioid antagonists in public schools; and (2) requires each school district and charter school to report to the Division of Public and Behavioral Health of the Department of Health and Human Services the number of doses of opioid antagonists administered at each public school during each school year. Sections 5 and 8 require the board of trustees of each school district and the governing body of each charter or private school that obtains an order for an opioid antagonist to establish a policy to ensure: (1) that emergency assistance is sought each time a person experiences an opioid-related drug overdose on the premises of the school; and (2) the parent or guardian of a pupil to whom an opioid antagonist is administered is notified as soon as practicable. Sections 5-8 of this bill require training in the storage and administration of opioid antagonists to be provided to designated employees of a public or private school that obtains an order for an opioid antagonist. Sections 5 and 8 exempt a school, school district, employee of a school and certain other persons affiliated with a school from liability for certain damages relating to the acquisition, possession, provision or administration of auto-injectable epinephrine or an opioid antagonist not amounting to gross negligence or reckless, willful or wanton conduct, if the auto-injectable epinephrine or opioid antagonist is provided or administered during the rendering of emergency care or assistance during an emergency.
κ2021 Statutes of Nevada, Page 424 (CHAPTER 99, AB 205)κ
the auto-injectable epinephrine or opioid antagonist is provided or administered during the rendering of emergency care or assistance during an emergency.
Section 9 of this bill requires a registered pharmacist to transfer an order for an opioid antagonist to another registered pharmacist at the request of a public or private school for which the order was issued. Section 9 also exempts a pharmacist who dispenses an opioid antagonist pursuant to such an order from liability for certain damages relating to the acquisition, possession, provision or administration of an opioid antagonist not amounting to gross negligence or reckless, willful or wanton conduct.
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 453C of NRS is hereby amended by adding thereto a new section to read as follows:
1. Notwithstanding any other provision of law, a health care professional authorized to prescribe an opioid antagonist may issue to a public or private school an order to allow the school to obtain and maintain an opioid antagonist at the school, regardless of whether any person at the school has been diagnosed with a condition which may cause the person to require such medication for the treatment of an opioid-related drug overdose.
2. An order issued pursuant to subsection 1 must contain:
(a) The name and signature of the health care professional and the address of the health care professional if not immediately available to the pharmacist;
(b) The classification of the license of the health care professional;
(c) The name of the public or private school to which the order is issued;
(d) The name, strength and quantity of the opioid antagonist authorized to be obtained and maintained by the order; and
(e) The date of issue.
3. A health care professional is not subject to disciplinary action solely for issuing a valid order pursuant to subsection 1 to a public or private school and without knowledge of a specific natural person who requires the medication.
4. A health care professional is not liable for any error or omission concerning the acquisition, possession, provision or administration of an opioid antagonist maintained by a public or private school pursuant to an order issued by the health care professional pursuant to subsection 1 not resulting from gross negligence or reckless, willful or wanton conduct of the health care professional.
5. As used in this section:
(a) Private school has the meaning ascribed to it in NRS 394.103.
(b) Public school has the meaning ascribed to it in NRS 385.007.
Sec. 2. NRS 454.303 is hereby amended to read as follows:
454.303 1. A school nurse or other employee of a public or private school who is authorized pursuant to NRS 386.870 or 394.1995 to administer auto-injectable epinephrine or an opioid antagonist may possess and administer auto-injectable epinephrine or an opioid antagonist, as applicable, maintained by the school if the school nurse or other employee has received training in the proper storage and administration of auto-injectable epinephrine or the opioid antagonist, as applicable, as required by NRS 386.870 or 394.1995.
κ2021 Statutes of Nevada, Page 425 (CHAPTER 99, AB 205)κ
2. As used in this section, opioid antagonist has the meaning ascribed to it in NRS 453C.040.
Sec. 3. Chapter 386 of NRS is hereby amended by adding thereto a new section to read as follows:
As used in NRS 386.865, 386.870 and 386.875, opioid antagonist has the meaning ascribed to it in NRS 453C.040.
Sec. 4. NRS 386.865 is hereby amended to read as follows:
386.865 1. Each public school shall ensure that auto-injectable epinephrine and any opioid antagonist maintained at the school is stored in a designated, secure location that is unlocked and easily accessible.
2. Each school district shall establish a policy for the schools within the district, other than charter schools, regarding the proper handling and transportation of auto-injectable epinephrine [.] and opioid antagonists.
3. Not later than 30 days after the last day of each school year, each school district and charter school shall submit a report to the Division of Public and Behavioral Health of the Department of Health and Human Services identifying the number of doses of auto-injectable epinephrine and opioid antagonists that were administered at each public school within the school district or charter school, as applicable, during the school year.
Sec. 5. NRS 386.870 is hereby amended to read as follows:
386.870 1. Each public school, including, without limitation, each charter school, shall obtain an order from a physician, osteopathic physician, physician assistant or advanced practice registered nurse, for auto-injectable epinephrine pursuant to NRS 630.374, 632.239 or 633.707 and acquire at least two doses of the medication to be maintained at the school. If a dose of auto-injectable epinephrine maintained by the public school is used or expires, the public school shall ensure that at least two doses of the medication are available at the school and obtain additional doses to replace the used or expired doses if necessary.
2. A public school, including, without limitation, a charter school, may obtain an order from a health care professional for an opioid antagonist pursuant to section 1 of this act to be maintained at the school. If a dose of an opioid antagonist maintained by the public school is used or expires, the public school may obtain an additional dose of the opioid antagonist to replace the used or expired opioid antagonist.
3. Auto-injectable epinephrine or an opioid antagonist maintained by a public school pursuant to this section may be administered:
(a) At a public school other than a charter school, by a school nurse or any other employee of the public school who has been designated by the school nurse and has received training in the proper storage and administration of auto-injectable epinephrine [;] or the opioid antagonist, as applicable; or
(b) At a charter school, by [the] an employee designated to be authorized to administer auto-injectable epinephrine or the opioid antagonist, as applicable, pursuant to NRS 388A.547 if the person has received the training in the proper storage and administration of auto-injectable epinephrine [.] or the opioid antagonist, as applicable.
[3.] 4. A school nurse or other designated employee of a public school may administer [auto-injectable] :
(a) Auto-injectable epinephrine maintained at the school to any pupil on the premises of the public school during regular school hours whom the school nurse or other designated employee reasonably believes is experiencing anaphylaxis.
κ2021 Statutes of Nevada, Page 426 (CHAPTER 99, AB 205)κ
[4.] (b) An opioid antagonist maintained at the school to any person on the premises of the public school whom the school nurse or other designated employee reasonably believes is experiencing an opioid-related drug overdose.
5. The governing body of each charter school and the board of trustees of each school district that obtains an order for an opioid antagonist pursuant to subsection 2 shall adopt a policy to ensure that:
(a) Emergency assistance is sought each time a person experiences an opioid-related drug overdose on the premises of the school; and
(b) The parent or guardian of each pupil to whom an opioid antagonist is administered is notified as soon as practicable.
6. A public school may accept gifts, grants and donations from any source for the support of the public school in carrying out the provisions of this section, including, without limitation, the acceptance of auto-injectable epinephrine or opioid antagonists from a manufacturer or wholesaler of auto-injectable epinephrine [.] or opioid antagonists.
7. A public school, school district, member of the board of trustees of a school district or governing body of a charter school or employee of a school district or charter school is not liable for any error or omission concerning the acquisition, possession, provision or administration of auto-injectable epinephrine or an opioid antagonist maintained at a public school pursuant to this section not resulting from gross negligence or reckless, willful or wanton conduct of the school, school district, member or employee, as applicable, if the auto-injectable epinephrine or opioid antagonist is provided or administered during the rendering of emergency care or assistance during an emergency.
8. As used in this section:
(a) Health care professional has the meaning ascribed to it in NRS 453C.030.
(b) Opioid-related drug overdose has the meaning ascribed to it in NRS 453C.050.
Sec. 6. NRS 388A.547 is hereby amended to read as follows:
388A.547 1. Each charter school shall designate one or more employees of the school who is authorized to administer auto-injectable epinephrine.
2. Each charter school that obtains an order from a health care professional for an opioid antagonist pursuant to section 1 of this act shall designate at least two employees of the school who are authorized to administer the opioid antagonist.
3. Each charter school shall ensure that each person so designated to administer medication pursuant to subsection 1 or 2 receives training in the proper storage and administration of auto-injectable epinephrine [.] or opioid antagonists, as applicable.
4. As used in this section, opioid antagonist has the meaning ascribed to it in NRS 453C.040.
Sec. 7. NRS 391.291 is hereby amended to read as follows:
391.291 1. The provision of nursing services in a school district by school nurses and other qualified personnel must be under the direction and supervision of a chief nurse who is a registered nurse as provided in NRS 632.240 and who:
(a) Holds an endorsement to serve as a school nurse issued pursuant to regulations adopted by the Commission; or
κ2021 Statutes of Nevada, Page 427 (CHAPTER 99, AB 205)κ
(b) Is employed by a state, county, city or district health department and provides nursing services to the school district in the course of that employment.
2. A school district shall not employ a person to serve as a school nurse unless the person holds an endorsement to serve as a school nurse issued pursuant to regulations adopted by the Commission.
3. The chief nurse shall ensure that each school nurse:
(a) Coordinates with the principal of each school to designate [employees] :
(1) Employees of the school who are authorized to administer auto-injectable epinephrine; and
(2) If the school has obtained an order for an opioid antagonist pursuant to subsection 2 of NRS 386.870, at least two employees of the school who are authorized to administer the opioid antagonist.
(b) Provides the employees so designated with training concerning the proper storage and administration of auto-injectable epinephrine [.] or opioid antagonists, as applicable.
4. As used in this section, opioid antagonist has the meaning ascribed to it in NRS 453C.040.
Sec. 8. NRS 394.1995 is hereby amended to read as follows:
394.1995 1. A private school may obtain an order from a physician, osteopathic physician, physician assistant or advanced practice registered nurse for auto-injectable epinephrine pursuant to NRS 630.374, 632.239 or 633.707 to be maintained at the school. If a dose of auto-injectable epinephrine maintained by the private school is used or expires, the private school may obtain additional doses of auto-injectable epinephrine to replace the used or expired auto-injectable epinephrine.
2. A private school may obtain an order from a health care professional for an opioid antagonist pursuant to section 1 of this act to be maintained at the school. If a dose of an opioid antagonist maintained by the private school is used or expires, the private school may obtain an additional dose of the opioid antagonist to replace the used or expired opioid antagonist.
3. Auto-injectable epinephrine or an opioid antagonist maintained by a private school pursuant to this section may be administered by a school nurse or any other employee of the private school who has received training in the proper storage and administration of auto-injectable epinephrine [.] or an opioid antagonist, as applicable.
[3.] 4. A school nurse or other trained employee may administer [auto-injectable] :
(a) Auto-injectable epinephrine maintained at the school to any pupil on the premises of the private school during regular school hours whom the school nurse or other trained employee reasonably believes is experiencing anaphylaxis.
(b) An opioid antagonist maintained at the school to any person on the premises of the school whom the school nurse or other designated employee reasonably believes is experiencing an opioid-related drug overdose.
[4.] 5. A private school shall ensure that auto-injectable epinephrine or any opioid antagonist maintained at the school is stored in a designated, secure location that is unlocked and easily accessible.
6. The governing body of each private school that obtains an order for an opioid antagonist pursuant to subsection 2 shall adopt a policy to ensure that:
κ2021 Statutes of Nevada, Page 428 (CHAPTER 99, AB 205)κ
(a) Emergency assistance is sought each time a person experiences an opioid-related drug overdose on the premises of the school; and
(b) The parent or guardian of each pupil to whom an opioid antagonist is administered is notified as soon as practicable.
7. A private school or member of the governing body or employee thereof is not liable for any error or omission concerning the acquisition, possession, provision or administration of auto-injectable epinephrine or an opioid antagonist maintained at the private school pursuant to this section not resulting from gross negligence or reckless, willful or wanton conduct of the school, member or employee, as applicable, if the auto-injectable epinephrine or opioid antagonist is provided or administered during the rendering of emergency care or assistance during an emergency.
8. As used in this section:
(a) Health care professional has the meaning ascribed to it in NRS 453C.030.
(b) Opioid antagonist has the meaning ascribed to it in NRS 453C.040.
(c) Opioid-related drug overdose has the meaning ascribed to it in NRS 453C.050.
Sec. 9. NRS 639.2357 is hereby amended to read as follows:
639.2357 1. Upon the request of a patient, or a public or private school or an authorized entity for which an order was issued pursuant to NRS 630.374, 632.239 or 633.707, or section 1 of this act, a registered pharmacist shall transfer a prescription or order to another registered pharmacist.
2. A registered pharmacist who transfers a prescription or order pursuant to subsection 1 shall comply with any applicable regulations adopted by the Board relating to the transfer.
3. The provisions of this section do not authorize or require a pharmacist to transfer a prescription or order in violation of:
(a) Any law or regulation of this State;
(b) Federal law or regulation; or
(c) A contract for payment by a third party if the patient is a party to that contract.
4. A pharmacist is not liable for any error or omission concerning the acquisition, possession, provision or administration of auto-injectable epinephrine or an opioid antagonist that the pharmacist has dispensed to a public or private school or authorized entity pursuant to an order issued pursuant to NRS 630.374, 632.239 or 633.707 or section 1 of this act not resulting from gross negligence or reckless, willful or wanton conduct of the pharmacist.
5. As used in this section [, authorized] :
(a) Authorized entity has the meaning ascribed to it in NRS 450B.710.
(b) Opioid antagonist has the meaning ascribed to it in NRS 453C.040.
Sec. 10. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 9, 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 429κ
Assembly Bill No. 22Committee on Government Affairs
CHAPTER 100
[Approved: May 26, 2021]
AN ACT relating to the Department of Veterans Services; requiring the Director of the Department to establish and maintain a program to assist veterans and servicemen and servicewomen in transitioning to life as civilians; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Director of the Department of Veterans Services to perform various duties to assist veterans, servicemen and servicewomen and their dependents. (NRS 417.090) This bill requires the Director to establish and maintain a program to assist veterans and servicemen and servicewomen in transitioning to life as civilians. The program is required to provide information and resources specific to this State concerning higher education, career development, physical and mental health care and other benefits available to veterans and servicemen and servicewomen.
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 417 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Director shall establish and maintain a program to assist veterans and servicemen and servicewomen in transitioning to life as civilians. The program must be designed to complement any similar programs of the Federal Government including, without limitation, the program established pursuant to 10 U.S.C. § 1144.
2. The program established pursuant to this section must provide information and resources specific to this State concerning:
(a) Programs of higher education and benefits for higher education;
(b) Employment and vocational training;
(c) Starting and maintaining a small business;
(d) Programs and services related to health care;
(e) Mental health;
(f) Sexual trauma, including, without limitation, information and resources specific to sexual trauma experienced while on active duty or during military training;
(g) Housing; and
(h) Any other benefits available to veterans and servicemen and servicewomen to assist them in transitioning to life as civilians.
3. As used in this section, serviceman or servicewoman means a person who is an active member of the:
(a) Armed Forces of the United States;
(b) National Guard or a reserve component of the Armed Forces of the United States; or
κ2021 Statutes of Nevada, Page 430 (CHAPTER 100, AB 22)κ
(c) Commissioned Corps of the United States Public Health Service or the Commissioned Corps of the National Oceanic and Atmospheric Administration of the United States and is serving in the capacity of a commissioned officer in defense of the United States.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 76Committee on Government Affairs
CHAPTER 101
[Approved: May 26, 2021]
AN ACT relating to veterans; authorizing the Director of the Department of Veterans Services to establish and operate programs to provide adult day health care to veterans in certain circumstances; eliminating obsolete requirements concerning the location of veterans homes; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Director of the Department of Veterans Services to take such actions as are necessary for the establishment, management, maintenance and operation of veterans homes. (NRS 417.090, 417.147) Existing federal regulations establish a program to provide funding for certain services for the care of veterans in state homes. (38 C.F.R. Part 51) Such services include adult day health care, which is defined to mean a therapeutic outpatient care program that includes one or more of the following services provided in a congregate setting: (1) medical services; (2) rehabilitation; (3) therapeutic activities; (4) socialization; and (5) nutrition. (38 C.F.R. § 51.2) To the extent that federal funding is available, this bill authorizes the Director to establish and operate programs to provide adult day health care services to veterans. This bill also eliminates certain obsolete requirements governing the location of veterans homes.
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 417.147 is hereby amended to read as follows:
417.147 1. Subject to the limits provided in paragraph (n) of subsection 1 of NRS 417.090, the Director shall:
(a) Appoint an administrator for each veterans home in this State. Each administrator must be licensed as a nursing facility administrator or health services executive pursuant to NRS 654.170;
(b) Take such other actions as are necessary for the establishment, management, maintenance and operation of veterans homes in this State, including, without limitation, establishing and implementing rules, policies and procedures for such management, maintenance and operation; and
κ2021 Statutes of Nevada, Page 431 (CHAPTER 101, AB 76)κ
(c) Apply for federal grants and other sources of money available for establishing veterans homes. A federal grant must be used only as permitted by the terms of the grant.
2. With the advice of the Nevada Veterans Services Commission, the Director shall, on or before April 1 of each calendar year, recommend to the State Board of Examiners a schedule of rates to be charged for occupancy of rooms at each veterans home in this State during the following fiscal year. The State Board of Examiners shall establish the schedule of rates. In setting the rates, the State Board of Examiners shall consider the recommendations of the Director, but is not bound to follow the recommendations of the Director.
3. [The first veterans home that is established in this State must be established at a location in southern Nevada determined to be appropriate by the Interim Finance Committee. The Interim Finance Committee shall give preference to a site that is zoned appropriately for the establishment of a veterans home, that affords minimum costs of maintenance and that is located in an area where the members of the families of the veterans can easily visit the veterans home. The site for the construction of the veterans home in southern Nevada must be:
(a) Located in reasonable proximity to:
(1) A public transportation system;
(2) Shopping centers; and
(3) A major hospital that has a center for the treatment of trauma which is designated as a level II center by the Administrator of the Division of Public and Behavioral Health of the Department of Health and Human Services.
(b) Not less than 5 acres in area.
4. If an additional veterans home is authorized, it must be established in northern Nevada.] To the extent that federal funding is available, the Director may establish and operate programs to provide adult day health care, as defined in 38 C.F.R. § 51.2, to veterans.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 432κ
Assembly Bill No. 77Committee on Government Affairs
CHAPTER 102
[Approved: May 26, 2021]
AN ACT relating to veterans; revising the duties of the Director of the Department of Veterans Services; changing the terms of members of certain advisory public bodies relating to veterans; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Director of the Department of Veterans Services to provide certain services and assist veterans, servicemen and servicewomen and their dependents with problems, situations and questions relating to service for veterans. (NRS 417.090) Section 1 of this bill additionally requires the Director to: (1) assist veterans experiencing homelessness by connecting veterans to housing and other support organizations; and (2) create, coordinate and support veterans suicide prevention programs and resources.
Existing law creates the Nevada Veterans Services Commission, which is made up of former members of the Armed Forces of the United States, members of the Legislature and members of the general public who meet certain qualifications. (NRS 417.150) Existing law requires the Commission to advise, make recommendations and submit reports to the Director of the Legislative Counsel Bureau, the Governor and the Interagency Council on Veterans Affairs regarding issues relating to veterans (NRS 417.190) Section 2 of this bill increases the length of a term for a member of the Commission from 2 years to 3 years.
Existing law creates the Advisory Committee for a Veterans Cemetery in Northern Nevada and the Advisory Committee for a Veterans Cemetery in Southern Nevada, which are made up of members of the Legislature and certain veterans organizations. Existing law requires the Advisory Committees to consult with the Director of the Department of Veterans Services regarding the establishment, maintenance and operation of the veterans cemetery for which the Committee was created. (NRS 417.230) Section 3 of this bill increases the length of a term for a member of the Advisory Committee for a Veterans Cemetery in Northern Nevada or the Advisory Committee for a Veterans Cemetery in Southern Nevada from 2 years to 3 years.
Existing law creates the Women Veterans Advisory Committee, which is made up of former members of the Armed Forces of the United States, and requires the Women Veterans Advisory Committee to provide support and assistance to the Department regarding issues related to women veterans. (NRS 417.320, 417.330) Section 4 of this bill decreases the length of a term for a member of the Women Veterans Advisory Committee from 4 years to 3 years.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 417.090 is hereby amended to read as follows:
417.090 1. The Director shall:
(a) Assist veterans, and those presently serving in the Armed Forces of the United States who are residents of the State of Nevada, their spouses, domestic partners, widows, widowers, children, dependents, administrators, executors and personal representatives, in preparing, submitting and presenting any claim against the United States, or any state, for adjusted compensation, insurance, pension, disability compensation, vocational training, education, rehabilitation or any other benefit to which they may be entitled under the laws of the United States or of any of the states, and assist them in obtaining any aid or benefit to which they may be entitled under the laws of the United States or of any of the states.
κ2021 Statutes of Nevada, Page 433 (CHAPTER 102, AB 77)κ
presenting any claim against the United States, or any state, for adjusted compensation, insurance, pension, disability compensation, vocational training, education, rehabilitation or any other benefit to which they may be entitled under the laws of the United States or of any of the states, and assist them in obtaining any aid or benefit to which they may be entitled under the laws of the United States or of any of the states.
(b) Aid, assist, encourage and cooperate with every service organization recognized nationally or in this State insofar as the activities of such organizations are for the benefit of veterans, servicemen and servicewomen and the spouses, domestic partners, widows, widowers, children, dependents, administrators, executors or personal representatives of such veterans, servicemen and servicewomen.
(c) Give aid, assistance and counsel to each and every problem, question and situation, individual as well as collective, affecting any veteran, serviceman or servicewoman, or their dependents, or any group of veterans, servicemen and servicewomen, when in their opinion such comes within the scope of this chapter.
(d) Coordinate activities of veterans organizations.
(e) Serve as a clearinghouse and disseminate information relating to veterans benefits.
(f) Conduct any studies which will assist veterans to obtain compensation, insurance, pension, disability compensation, vocational training, education, rehabilitation or any other benefit to which veterans may be entitled under the laws of the United States or of any state.
(g) Aid, assist and cooperate with the office of coordinator of services for veterans created in a county pursuant to NRS 244.401.
(h) Take possession of any abandoned or unclaimed artifacts or other property that has military or historical value for safekeeping. The Director may:
(1) Transfer such an artifact or other property to:
(I) The Nevada State Museum or the Nevada Historical Society, upon its written request, if the artifact or other property has, in the opinion of the requesting institution, historical value and is worthy of preservation; or
(II) Any other governmental agency or nonprofit entity, including, without limitation, a veterans organization and the United States Department of Veterans Affairs, upon its written request, if the artifact or other property was not requested by the Nevada State Museum or the Nevada Historical Society; or
(2) Destroy or otherwise dispose of the artifact or other property.
Κ An action may not be maintained by any person against the holder or former holder of an artifact or other property because of the transfer, destruction or other disposal of the artifact or other property pursuant to this paragraph.
(i) Develop plans and programs to assist veterans who have suffered sexual trauma while on active duty or during military training.
(j) Create and maintain a statewide database of information relating to veterans to assist the Department in identifying and communicating with veterans and connecting veterans with benefits and opportunities for which they are eligible.
κ2021 Statutes of Nevada, Page 434 (CHAPTER 102, AB 77)κ
(k) Create and maintain a registry of governmental agencies and private entities that provide services and resources to veterans, service members and their families and publish a digital copy of the registry on the Internet website maintained by the Department.
(l) Ensure that each generation of veterans is recognized annually through a ceremony, information campaign or other form of public acknowledgment.
(m) Establish, operate and maintain veterans cemeteries in this State, and may, within the limits of legislative authorization, employ personnel and purchase equipment and supplies necessary for the operation and maintenance of the cemeteries.
(n) Establish, manage, maintain and operate veterans homes in this State, and may, within the limits of legislative authorization, employ personnel and purchase equipment and supplies necessary for the operation and maintenance of veterans homes.
(o) If the board of county commissioners of any county makes the request required pursuant to subsection 2 of NRS 244.401, provide to the coordinator of services for veterans in the county training and certification as a veterans service officer.
(p) If training and certification is requested pursuant to paragraph (o), submit an application, on behalf of the coordinator of services for veterans, to the United States Department of Veterans Affairs for accreditation or official recognition as a veterans service officer.
(q) Serve as the primary public advocate for Nevada veterans.
(r) Ensure that each person who participates as an advocate for veterans in this State in a volunteer program sponsored by the Department is assigned to a veterans service officer employed by the Department that will offer assistance to the volunteer.
(s) Provide semiannual training to each veterans service officer employed by the Department regarding the benefits, services, programs and assistance available to veterans.
(t) Connect veterans experiencing homelessness to housing and organizations that provide support in housing and other related areas to decrease homelessness among veterans.
(u) Create, coordinate and support programs and resources for the prevention of suicide among veterans, including, without limitation, programs and resources to increase knowledge of how to recognize the signs of a potentially suicidal veteran and resources to which veterans who are potentially suicidal may be referred.
2. The Director shall:
(a) Establish an internal policy for guidance to employees of the Department regarding the transfer, destruction or other disposal of artifacts and other property pursuant to paragraph (h) of subsection 1; and
(b) Post the policy on the Internet website maintained by the Department.
Sec. 2. NRS 417.150 is hereby amended to read as follows:
417.150 1. The Nevada Veterans Services Commission, consisting of 11 members, is hereby created.
2. The Governor shall appoint:
(a) Three members who are representatives of veterans organizations recognized nationally or in this State and who possess honorable discharges from some branch of the Armed Forces of the United States.
κ2021 Statutes of Nevada, Page 435 (CHAPTER 102, AB 77)κ
(b) One member who is a member of the Women Veterans Advisory Committee created by NRS 417.320.
(c) One member who is enrolled as a student at an institution of higher education in this State in a program for a baccalaureate or higher degree and who possesses an honorable discharge from some branch of the Armed Forces of the United States.
(d) Two members who are representatives of the general public.
3. The Chair of the Advisory Committee for a Veterans Cemetery in Northern Nevada and the Chair of the Advisory Committee for a Veterans Cemetery in Southern Nevada shall each appoint one member from their respective committees to serve as a member of the Commission. Each member so appointed must be a representative of a veterans organization recognized nationally or in this State and possess an honorable discharge from some branch of the Armed Forces of the United States.
4. The Majority Leader of the Senate shall appoint one member of the Senate to serve as a member of the Commission.
5. The Speaker of the Assembly shall appoint one member of the Assembly to serve as a member of the Commission.
6. The Governor may remove a member of the Commission at any time for failure to perform his or her duties, malfeasance or other good cause.
7. The term of office of each member is [2] 3 years.
8. If a vacancy occurs in the membership of those members appointed pursuant to paragraph (a) of subsection 2, the Governor shall fill the vacancy from among the names of qualified nominees provided to the Governor in writing by the Director.
Sec. 3. NRS 417.230 is hereby amended to read as follows:
417.230 1. There are hereby created the Advisory Committee for a Veterans Cemetery in Northern Nevada and the Advisory Committee for a Veterans Cemetery in Southern Nevada, each consisting of seven members as follows:
(a) One member of the Senate, appointed by the Majority Leader of the Senate.
(b) One member of the Assembly, appointed by the Speaker of the Assembly.
(c) Five members of veterans organizations recognized nationally or in this State, appointed by the Governor.
2. The members of the Committees shall serve terms of [2] 3 years.
3. Each Committee shall annually elect a Chair and a Vice Chair from among its members.
4. Each Committee shall meet at least 4 times a year.
5. Any legislative member of a Committee who is not a candidate for reelection or who is defeated for reelection continues to serve after the general election until the next regular or special session of the Legislature convenes.
6. While engaged in the work of the Committee, each member of each Committee is entitled to receive the per diem allowances and travel expenses provided for state officers and employees generally.
7. The Director shall consult with each Committee regarding the establishment, maintenance and operation of the veterans cemetery for which the Committee was created.
κ2021 Statutes of Nevada, Page 436 (CHAPTER 102, AB 77)κ
Sec. 4. NRS 417.320 is hereby amended to read as follows:
417.320 1. The Women Veterans Advisory Committee is hereby created consisting of five members appointed by the Governor, at least three of whom must be women, and all of whom must be former members of the Armed Forces of the United States, including, without limitation, the Nevada Army National Guard and the Nevada Air National Guard, who received, upon severance from service, an honorable discharge. Each member serves at the pleasure of the Governor.
2. In making appointments pursuant to subsection 1, the Governor shall consider:
(a) The recommendations of the Director;
(b) Whether the appointments provide a geographical balance between the urban and rural areas of this State and represent the cultural diversity of this State; and
(c) The level of activity of the person in the veteran community.
3. The Committee shall elect a Chair from among its members.
4. After the initial terms, each member of the Committee appointed pursuant to subsection 1 serves a term of [4] 3 years.
5. A vacancy on the Committee must be filled for the remainder of the unexpired term in the same manner as the original appointment.
6. The Committee shall meet at least four times per year at the call of the Chair.
7. A majority of the members of the Committee appointed pursuant to subsection 1 constitutes a quorum for the transaction of business.
8. Each member of the Committee:
(a) Serves without compensation, except that a member of the Committee who is a state officer or employee may receive his or her regular compensation while engaging in the business of the Committee; and
(b) While engaged in the business of the Committee, is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
9. The Department shall provide the personnel, facilities, equipment and supplies required by the Committee.
Sec. 5. 1. The terms of the members of the Nevada Veterans Services Commission appointed pursuant to NRS 417.150, the Advisory Committee for a Veterans Cemetery in Northern Nevada and the Advisory Committee for a Veterans Cemetery in Southern Nevada appointed pursuant to NRS 417.230, and the Women Veterans Advisory Committee appointed pursuant to NRS 417.320 who are incumbent on June 30, 2021, expire on that date.
2. On or before July 1, 2021, the Governor shall:
(a) Reappoint the members of the Nevada Veterans Services Commission who were appointed pursuant to paragraph (a) of subsection 2 of NRS 417.150, as that section existed before July 1, 2021, and whose terms expire on June 30, 2021, or appoint new members to the Nevada Veterans Services Commission pursuant to paragraph (a) of subsection 2 of NRS 417.150, as amended by section 2 of this act, to terms that commence on July 1, 2021, and expire on June 30, 2022.
(b) Reappoint the members of the Nevada Veterans Services Commission who were appointed pursuant to paragraphs (b) and (c) of subsection 2 of NRS 417.150, as that section existed before July 1, 2021, and whose terms expire on June 30, 2021, or appoint new members to the Nevada Veterans Services Commission pursuant to paragraphs (b) and (c) of subsection 2 of NRS 417.150, as amended by section 2 of this act, to terms that commence on July 1, 2021, and expire on June 30, 2023.
κ2021 Statutes of Nevada, Page 437 (CHAPTER 102, AB 77)κ
subsection 2 of NRS 417.150, as amended by section 2 of this act, to terms that commence on July 1, 2021, and expire on June 30, 2023.
(c) Reappoint the members of the Nevada Veterans Services Commission who were appointed pursuant to paragraph (d) of subsection 2 of NRS 417.150, as that section existed before July 1, 2021, and whose terms expire on June 30, 2021, or appoint new members to the Nevada Veterans Services Commission pursuant to paragraph (d) of subsection 2 of NRS 417.150, as amended by section 2 of this act, to terms that commence on July 1, 2021, and expire on June 30, 2024.
(d) Appoint new members or reappoint members who are incumbent on June 30, 2021, to the Advisory Committee for a Veterans Cemetery in Northern Nevada pursuant to paragraph (c) of subsection 1 of NRS 417.230, as amended by section 3 of this act, to terms commencing on July 1, 2021, as follows:
(1) One member to a term that expires on June 30, 2022;
(2) Two members to terms that expire on June 30, 2023; and
(3) Two members to terms that expire on June 30, 2024.
(e) Appoint new members or reappoint members who are incumbent on June 30, 2021, to the Advisory Committee for a Veterans Cemetery in Southern Nevada pursuant to paragraph (c) of subsection 1 of NRS 417.230, as amended by section 3 of this act, to terms commencing on July 1, 2021, as follows:
(1) One member to a term that expires on June 30, 2022;
(2) Two members to terms that expire on June 30, 2023; and
(3) Two members to terms that expire on June 30, 2024.
(f) Appoint new members or reappoint members who are incumbent on June 30, 2021, to the Women Veterans Advisory Committee created by NRS 417.320, as amended by section 4 of this act, to terms commencing on July 1, 2021, as follows:
(1) Two members to terms that expire on June 30, 2022;
(2) Two members to terms that expire on June 30, 2023; and
(3) One member to a term that expires on June 30, 2024.
3. On or before July 1, 2021, the Majority Leader of the Senate shall:
(a) Reappoint the member of the Nevada Veterans Services Commission who was appointed pursuant to subsection 4 of NRS 417.150, as that section existed before July 1, 2021, and whose term expires on June 30, 2021, or appoint a new member to the Nevada Veterans Services Commission pursuant to subsection 4 of NRS 417.150, as amended by section 2 of this act, to a term that commences on July 1, 2021, and expires on June 30, 2024.
(b) Reappoint the member of the Advisory Committee for a Veterans Cemetery in Northern Nevada who was appointed pursuant to paragraph (a) of subsection 1 of NRS 417.230, as that section existed before July 1, 2021, and whose term expires on June 30, 2021, or appoint a new member to the Advisory Committee for a Veterans Cemetery in Northern Nevada pursuant to paragraph (a) of subsection 1 of NRS 417.230, as amended by section 3 of this act, to a term that commences on July 1, 2021, and expires on June 30, 2022.
(c) Reappoint the member of the Advisory Committee for a Veterans Cemetery in Southern Nevada who was appointed pursuant to paragraph (a) of subsection 1 of NRS 417.230, as that section existed before July 1, 2021, and whose term expires on June 30, 2021, or appoint a new member to the Advisory Committee for a Veterans Cemetery in Southern Nevada pursuant to paragraph (a) of subsection 1 of NRS 417.230, as amended by section 3 of this act, to a term that commences on July 1, 2021, and expires on June 30, 2022.
κ2021 Statutes of Nevada, Page 438 (CHAPTER 102, AB 77)κ
to paragraph (a) of subsection 1 of NRS 417.230, as amended by section 3 of this act, to a term that commences on July 1, 2021, and expires on June 30, 2022.
4. On or before July 1, 2021, the Speaker of the Assembly shall:
(a) Reappoint the member of the Nevada Veterans Services Commission who was appointed pursuant to subsection 5 of NRS 417.150, as that section existed before July 1, 2021, and whose term expires on June 30, 2021, or appoint a new member to the Nevada Veterans Services Commission pursuant to subsection 5 of NRS 417.150, as amended by section 2 of this act, to a term that commences on July 1, 2021, and expires on June 30, 2024.
(b) Reappoint the member of the Advisory Committee for a Veterans Cemetery in Northern Nevada who was appointed pursuant to paragraph (b) of subsection 1 of NRS 417.230, as that section existed before July 1, 2021, and whose term expires on June 30, 2021, or appoint a new member to the Advisory Committee for a Veterans Cemetery in Northern Nevada pursuant to paragraph (b) of subsection 1 of NRS 417.230, as amended by section 3 of this act, to a term that commences on July 1, 2021, and expires on June 30, 2022.
(c) Reappoint the member of the Advisory Committee for a Veterans Cemetery in Southern Nevada who was appointed pursuant to paragraph (b) of subsection 1 of NRS 417.230, as that section existed before July 1, 2021, and whose term expires on June 30, 2021, or appoint a new member to the Advisory Committee for a Veterans Cemetery in Southern Nevada pursuant to paragraph (b) of subsection 1 of NRS 417.230, as amended by section 3 of this act, to a term that commences on July 1, 2021, and expires on June 30, 2022.
5. As soon as practicable after being elected pursuant to subsection 3 of NRS 417.230 by the members appointed to the Advisory Committee for a Veterans Cemetery in Northern Nevada or the Advisory Committee for a Veterans Cemetery in Southern Nevada, as applicable, pursuant to subsections 2, 3 and 4, the Chair of the Advisory Committee for a Veterans Cemetery in Northern Nevada and the Chair of the Advisory Committee for a Veterans Cemetery in Southern Nevada shall each appoint a member to the Nevada Veterans Services Commission pursuant to subsection 3 of NRS 417.150, as amended by section 2 of this act, to a term that expires on June 30, 2023. The members of the Nevada Veterans Services Commission appointed pursuant to subsection 3 of NRS 417.150 whose terms expire on June 30, 2021, may be reappointed if those members were reappointed to the Advisory Committee for a Veterans Cemetery in Northern Nevada or the Advisory Committee for a Veterans Cemetery in Southern Nevada, as applicable, pursuant to subsection 2, 3 or 4.
Sec. 6. 1. This section and section 5 of this act become effective upon passage and approval.
2. Sections 1 to 4, inclusive, of this act become effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 439κ
Assembly Bill No. 102Assemblymen Krasner, Flores; McArthur, ONeill and Roberts
CHAPTER 103
[Approved: May 26, 2021]
AN ACT relating to state lands; revising certain requirements relating to the issuance to certain veterans of an annual permit for entering, camping and boating in state parks and recreational areas; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the Division of State Parks of the State Department of Conservation and Natural Resources is required to issue an annual permit for entering, camping and boating in all state parks and recreational areas in this State to certain persons including a bona fide resident of this State who has incurred a permanent service-connected disability of 10 percent or more and has been honorably discharged from the Armed Forces of the United States. The permit must be issued without charge, but the Division is required to impose an administrative fee to cover the costs of issuing the permit. (NRS 407.065) This bill eliminates the requirement that the permanent service-connected disability rating be of 10 percent or more.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 407.065 is hereby amended to read as follows:
407.065 1. The Administrator, subject to the approval of the Director:
(a) Except as otherwise provided in this paragraph and NRS 407.066, may establish, name, plan, operate, control, protect, develop and maintain state parks, monuments and recreational areas for the use of the general public. The name of an existing state park, monument or recreational area may not be changed unless the Legislature approves the change by statute.
(b) Shall protect state parks and property controlled or administered by the Division from misuse or damage and preserve the peace within those areas. The Administrator may appoint or designate certain employees of the Division to have the general authority of peace officers.
(c) May allow multiple use of state parks and real property controlled or administered by the Division for any lawful purpose, including, but not limited to, grazing, mining, development of natural resources, hunting and fishing, in accordance with such regulations as may be adopted in furtherance of the purposes of the Division.
(d) Except as otherwise provided in this section, shall impose and collect reasonable fees for entering, camping and boating in state parks and recreational areas. The Division shall issue an annual permit for entering, camping and boating in all state parks and recreational areas in this State:
(1) Upon application therefor and proof of residency and age, to any bona fide resident of the State of Nevada who is 65 years of age or older.
(2) Upon application therefor and proof of residency and proof of status as described in subsection 5 of NRS 361.091, to a bona fide resident of the State of Nevada who has incurred a permanent service-connected disability [of 10 percent or more] and has been honorably discharged from the Armed Forces of the United States.
κ2021 Statutes of Nevada, Page 440 (CHAPTER 103, AB 102)κ
disability [of 10 percent or more] and has been honorably discharged from the Armed Forces of the United States.
Κ The permit must be issued without charge, except that the Division shall charge and collect an administrative fee for the issuance of the permit in an amount sufficient to cover the costs of issuing the permit.
(e) May conduct and operate such special services as may be necessary for the comfort and convenience of the general public, and impose and collect reasonable fees for such special services.
(f) May rent or lease concessions located within the boundaries of state parks or of real property controlled or administered by the Division to public or private corporations, to groups of natural persons, or to natural persons for a valuable consideration upon such terms and conditions as the Division deems fit and proper, but no concessionaire may dominate any state park operation.
(g) May establish such capital projects construction funds as are necessary to account for the parks improvements program approved by the Legislature. The money in these funds must be used for the construction and improvement of those parks which are under the supervision of the Administrator.
(h) In addition to any concession specified in paragraph (f), may establish concessions within the boundaries of any state park to provide for the sale of food, drinks, ice, publications, sundries, gifts and souvenirs, and other such related items as the Administrator determines are appropriately made available to visitors. Any money received by the Administrator for a concession established pursuant to this paragraph must be deposited in the Account for State Park Interpretative and Educational Programs and Operation of Concessions created by NRS 407.0755.
2. The Administrator:
(a) Shall issue an annual permit to a person who pays a reasonable fee as prescribed by regulation which authorizes the holder of the permit to enter each state park and each recreational area in this State and, except as otherwise provided in subsection 4, use the facilities of the state park or recreational area without paying the entrance fee; and
(b) May issue an annual permit to a person who pays a reasonable fee as prescribed by regulation which authorizes the holder of the permit to enter a specific state park or specific recreational area in this State and, except as otherwise provided in subsection 4, use the facilities of the state park or recreational area without paying the entrance fee.
3. The Administrator shall establish a program for the issuance of an annual permit, free of charge, to enter each state park and recreational area in this State to any pupil who is enrolled in the fifth grade at a school in this State. The program must:
(a) Specify the period for which the Administrator may issue an annual permit to a pupil pursuant to this subsection, including, without limitation, the date upon which the Administrator may issue an annual permit to a pupil who has completed fourth grade and who intends to enter the fifth grade after completing the fourth grade;
(b) Specify the circumstances under which a pupil and any person accompanying a pupil may use the annual permit to enter a state park or recreational area; and
(c) Include any other requirement which the Administrator determines is necessary to establish and carry out the program pursuant to this subsection.
4. An annual permit issued pursuant to subsection 2 or 3 does not authorize the holder of the permit to engage in camping or boating, or to attend special events.
κ2021 Statutes of Nevada, Page 441 (CHAPTER 103, AB 102)κ
attend special events. The holder of such a permit who wishes to engage in camping or boating, or to attend special events, must pay any fee established for the respective activity.
5. During each Public Lands Day observed pursuant to NRS 236.053, and upon proof of residency in this State, the Division shall allow a resident of this State to enter, camp and boat in any state park or recreational area without the payment of any fees for those activities. The free day of camping authorized pursuant to this subsection must include either the Friday night before Public Lands Day or overnight on the night of Public Lands Day, as determined by the Administrator for each state park and recreational area. A person is not entitled to receive more than one free night of camping during each Public Lands Day pursuant to this subsection.
6. Except as otherwise provided in subsection 1 of NRS 407.0762 and subsection 1 of NRS 407.0765, the fees collected pursuant to paragraphs (d), (e) and (f) of subsection 1 or subsection 2 must be deposited in the State General Fund.
Sec. 2. 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 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.
________
Assembly Bill No. 123Assemblymen Jauregui and Yeager
CHAPTER 104
[Approved: May 27, 2021]
AN ACT relating to special license plates; imposing additional fees for the issuance and renewal of the special license plates indicating support for the Vegas Golden Knights hockey team; requiring the distribution of the additional fees to the Vegas Golden Knights Foundation for certain purposes; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Department of Motor Vehicles to prepare and issue special license plates that indicate support for the Vegas Golden Knights, a franchise of the National Hockey League. The fees for the special license plates are $35 for the initial issuance and $10 for renewal, along with all applicable registration and license fees and governmental services taxes. (NRS 482.3746) This bill imposes additional fees of $10 for the initial issuance of the special license plates and $10 for renewal for deposit with the State Treasurer for credit to the State General Fund. This bill further requires the State Treasurer, on a quarterly basis, to distribute the additional fees to the Vegas Golden Knights Foundation to assist the Foundation with the support it provides to nonprofit charitable organizations.
κ2021 Statutes of Nevada, Page 442 (CHAPTER 104, AB 123)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.3746 is hereby amended to read as follows:
482.3746 1. The Department, in cooperation with the Vegas Golden Knights, shall design, prepare and issue license plates that indicate support for the Vegas Golden Knights using any colors and designs which the Department deems appropriate.
2. The Department shall issue license plates that indicate support for the Vegas Golden Knights for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that indicate support for the Vegas Golden Knights if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that indicate support for the Vegas Golden Knights pursuant to [subsection 3.] subsections 3 and 4.
3. The fee for license plates that indicate support for the Vegas Golden Knights is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.
4. In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates that indicate support for the Vegas Golden Knights must pay for the initial issuance of the plates an additional fee of $10 and for each renewal of the plates an additional fee of $10, to be deposited in accordance with subsection 5.
5. Except as otherwise provided in NRS 482.38279, the Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Vegas Golden Knights Foundation or its successor organization to assist the Foundation or its successor with the support it provides to nonprofit charitable organizations.
[4.] 6. The provisions of NRS 482.36705 do not apply to license plates described in this section.
[5.] 7. If, during a registration period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental service taxes due pursuant to NRS 482.399; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
κ2021 Statutes of Nevada, Page 443 (CHAPTER 104, AB 123)κ
[6.] 8. The Department may accept any gifts, grants and donations or other sources of money for the production and issuance of the special license plates pursuant to this section. All money received pursuant to this subsection must be deposited in the Revolving Account for the Issuance of Special License Plates created by NRS 482.1805.
________
Assembly Bill No. 59Committee on Judiciary
CHAPTER 105
[Approved: May 27, 2021]
AN ACT relating to tobacco; increasing the minimum legal sales age for tobacco products; revising the punishment for certain prohibited acts relating to the sale of tobacco products; revising provisions relating to delivery sales of tobacco products; eliminating certain duplicative requirements concerning the sale of cigarettes; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prohibits a person from selling, distributing or offering to sell cigarettes, cigarette paper or other tobacco products to a child under the age of 18 years. (NRS 202.24935, 370.521) Sections 1, 2 and 8 of this bill prohibit a person from selling, distributing or offering to sell cigarettes, cigarette paper or other tobacco products to a person under 21 years of age. Section 3 of this bill revises the provisions governing the random, unannounced inspection of locations that sell tobacco products to make conforming changes which are necessary because of the increase in the minimum legal sales age for tobacco products. Section 3 also requires that, to the extent possible, an inspection of each location must be conducted at least once every 3 years.
Section 2 removes the existing penalty for a person who knowingly distributes cigarettes, cigarette paper or other tobacco products to a person under 21 years of age through a telephonic, computer or electronic network, and sections 2 and 6 of this bill instead make distributing cigarettes, cigarette paper or other tobacco products to a person under 21 years of age through a telephonic, computer or electronic network punishable by certain administrative, civil or criminal penalties.
Existing law requires a person who sells cigarettes, cigarette paper or other tobacco products through an electronic network to use an independent, third-party age verification service to establish the age of the customer before sending the items to the customer. A seller may alternatively require the customer to create an online account which requires the customer to provide certain personal information or a copy of a government-issued identification card. (NRS 202.24935) Section 2 eliminates the authorization for sellers to require a customer to create an online account, thereby requiring sellers to use an independent, third-party age verification system to establish the age of a customer for each sale.
Existing law defines the term delivery sale for the purposes of regulating such sales. (NRS 370.0285) Section 4 of this bill revises the term to include the sale of cigarette paper and other tobacco products.
Section 9 of this bill eliminates a requirement of existing law relating to the mailing or shipment of cigarettes that conflict with requirements regarding the sale of cigarettes through a computer, telephonic or electronic network. (NRS 370.323) Section 9 also repeals the statutory provision creating criminal penalties for the: (1) sale of tobacco without a proper license; (2) sale of tobacco without confirming the age of the buyer; and (3) failure to submit a report of sales of tobacco to the Department of Taxation.
κ2021 Statutes of Nevada, Page 444 (CHAPTER 105, AB 59)κ
age of the buyer; and (3) failure to submit a report of sales of tobacco to the Department of Taxation. (NRS 370.395) Sections 3.5 and 8.5 of this bill make conforming changes by removing references to the repealed section.
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 202.2493 is hereby amended to read as follows:
202.2493 1. A person shall not sell, distribute or offer to sell cigarettes, any smokeless product made or derived from tobacco or any alternative nicotine product in any form other than in an unopened package which originated with the manufacturer and bears any health warning required by federal law. A person who violates this subsection shall be punished [by a fine of $100 and a civil penalty of $100.] as provided in chapter 370 of NRS. As used in this subsection, smokeless product made or derived from tobacco means any product that consists of cut, ground, powdered or leaf tobacco and is intended to be placed in the oral or nasal cavity.
2. The owner of a retail establishment shall, whenever any product containing, made or derived from tobacco, vapor product , [or] alternative nicotine product or product containing, made or derived from nicotine is being sold or offered for sale at the establishment, display prominently at the point of sale:
(a) A notice indicating that:
(1) The sale of cigarettes, [other tobacco products, vapor products and alternative nicotine products to minors] any product containing, made or derived from tobacco, vapor product, alternative nicotine product or product containing, made or derived from nicotine to persons under 21 years of age is prohibited by law; and
(2) The retailer may ask for proof of age to comply with this prohibition; and
(b) At least one sign that complies with the requirements of NRS 442.340.
Κ A person who violates this subsection shall be punished by a fine of not more than $100.
3. It is unlawful for any retailer to sell cigarettes through the use of any type of display:
(a) Which contains cigarettes and is located in any area to which customers are allowed access; and
(b) From which cigarettes are readily accessible to a customer without the assistance of the retailer,
Κ except a vending machine used in compliance with NRS 202.2494. A person who violates this subsection shall be punished by a fine of not more than $500.
Sec. 2. NRS 202.24935 is hereby amended to read as follows:
202.24935 1. It is unlawful for a person to knowingly sell or distribute cigarettes, cigarette paper, [tobacco of any description,] products containing, made or derived from tobacco, vapor products , [or] alternative nicotine products or products containing, made or derived from nicotine to a [child] person under the age of [18] 21 years through the use of a computer network, telephonic network or other electronic network.
κ2021 Statutes of Nevada, Page 445 (CHAPTER 105, AB 59)κ
2. [A person who violates the provisions of subsection 1 shall be punished by a fine of not more than $500 and a civil penalty of not more than $500. Any money recovered pursuant to this section as a civil penalty must be deposited in the same manner as money is deposited pursuant to subsection 9 of NRS 370.521.
3.] Every person who sells or distributes cigarettes, cigarette paper, [tobacco of any description,] products containing, made or derived from tobacco, vapor products , [or] alternative nicotine products or products containing, made or derived from nicotine to an ultimate consumer in this State through the use of a computer network, telephonic network or electronic network shall:
(a) Ensure that the packaging or wrapping of the items when they are shipped is clearly marked with the word cigarettes or, if the items being shipped are not cigarettes, the words tobacco [products.] products, vapor products or nicotine products, as applicable.
(b) [Perform] Obtain the full name, date of birth and residential address of the purchaser and perform an age verification through an independent, third-party age verification service that compares information available from public records to the personal information entered by the person during the ordering process that establishes that the person is over the age of [18] 21 years . [and use a method of mail, shipping or delivery that requires the signature of a person over the age of 18 years before the items are released to the purchaser, unless the person:
(1) Requires the customer to:
(I) Create an online profile or account with personal information, including, without limitation, a name, address, social security number and a valid phone number, that is verified through publicly available records; or
(II) Upload a copy of a government-issued identification card that includes a photograph of the customer; and
(2) Sends the package containing the items to the name and address of the customer who ordered the items.]
3. Every person who makes sales as described in subsection 2 must certify annually to the Attorney General that the person uses an independent, third-party age verification service as described in paragraph (b) of subsection 2.
4. In addition to or in lieu of any other civil or criminal remedy provided by law, a person who violates this section is subject to:
(a) A civil penalty in an amount not more than $1,000 for each violation; and
(b) The suspension or revocation of the license of the person by the Department of Taxation, if the person is licensed pursuant to chapter 370 of NRS.
5. Any violation of subsection 2 constitutes a deceptive trade practice for the purpose of NRS 598.0903 to 598.0999, inclusive.
6. For the purposes of this section, any sale of cigarettes, cigarette paper, products containing, made or derived from tobacco, vapor products, alternative nicotine products or products containing, made or derived from nicotine to a natural person in this State who does not intend to resell the item constitutes a sale to an ultimate consumer.
Sec. 3. NRS 202.2496 is hereby amended to read as follows:
202.2496 1. As necessary to comply with any applicable federal law, the Attorney General shall conduct random, unannounced inspections at locations where [tobacco,] products containing, made or derived from tobacco, vapor products , [and] alternative nicotine products and products containing, made or derived from nicotine are sold, distributed or offered for sale to inspect for and enforce compliance with NRS 202.2493, 202.2494 and 370.521, as applicable.
κ2021 Statutes of Nevada, Page 446 (CHAPTER 105, AB 59)κ
locations where [tobacco,] products containing, made or derived from tobacco, vapor products , [and] alternative nicotine products and products containing, made or derived from nicotine are sold, distributed or offered for sale to inspect for and enforce compliance with NRS 202.2493, 202.2494 and 370.521, as applicable. To the extent possible, an inspection of each location must be conducted pursuant to this section at least once every 3 years. For assistance in conducting any such inspection, the Attorney General may contract with:
(a) Any sheriffs department;
(b) Any police department; or
(c) Any other person who will, in the opinion of the Attorney General, perform the inspection in a fair and impartial manner.
2. If the inspector desires to enlist the assistance of a child under the age of 18 for such an inspection, the inspector shall obtain the written consent of the childs parent for such assistance.
3. A [child] person assisting in an inspection pursuant to this section shall, if questioned about his or her age, state his or her true age . [and that he or she is under 18 years of age.]
4. If a [child] person under 21 years of age is assisting in an inspection pursuant to this section, the person supervising the inspection shall:
(a) Refrain from altering or attempting to alter the [childs] appearance of the person to make the [child] person appear to be [18] 21 years of age or older.
(b) Photograph the [child] person attempting to purchase an item described in subsection 1 immediately before the inspection is to occur and retain any photographs taken of the [child] person pursuant to this paragraph.
5. The person supervising an inspection using the assistance of a [child] person under 21 years of age shall, within a reasonable time after the inspection is completed:
(a) Inform a representative of the business establishment from which the [child] person attempted to purchase [tobacco, products made or derived from tobacco, vapor products or alternative nicotine products] an item described in subsection 1 that an inspection has been performed and the results of that inspection.
(b) Prepare a report regarding the inspection. The report must include the following information:
(1) The name of the person who supervised the inspection and that persons position;
(2) The age and date of birth of the [child] person who assisted in the inspection;
(3) The name and position of the person from whom the [child] person who assisted in the inspection attempted to purchase [tobacco, products made or derived from tobacco, vapor products or alternative nicotine products;] an item described in subsection 1;
(4) The name and address of the establishment at which the [child] person attempted to purchase [tobacco, products made or derived from tobacco, vapor products or alternative nicotine products;] an item described in subsection 1;
(5) The date and time of the inspection; and
(6) The result of the inspection, including whether the inspection resulted in the sale, distribution or offering for sale of [tobacco, products made or derived from tobacco, vapor products or alternative nicotine products] an item described in subsection 1 to the [child.]
κ2021 Statutes of Nevada, Page 447 (CHAPTER 105, AB 59)κ
made or derived from tobacco, vapor products or alternative nicotine products] an item described in subsection 1 to the [child.] person under 21 years of age.
6. No administrative, civil or criminal action based upon an alleged violation of NRS 202.2493, 202.2494 or 370.521 may be brought as a result of an inspection for compliance in which the assistance of a [child] person under 21 years of age has been enlisted to attempt to purchase an item described in subsection 1 unless the inspection has been conducted in accordance with the provisions of this section.
Sec. 3.5. NRS 179.121 is hereby amended to read as follows:
179.121 1. All personal property, including, without limitation, any tool, substance, weapon, machine, computer, money or security, which is used as an instrumentality in any of the following crimes is subject to forfeiture:
(a) The commission of or attempted commission of the crime of murder, robbery, kidnapping, burglary, invasion of the home, grand larceny or theft if it is punishable as a felony;
(b) The commission of or attempted commission of any felony with the intent to commit, cause, aid, further or conceal an act of terrorism;
(c) A violation of NRS 202.445 or 202.446;
(d) The commission of any crime by a criminal gang, as defined in NRS 213.1263; or
(e) A violation of NRS 200.463 to 200.468, inclusive, 201.300, 201.320, 201.395, 202.265, 202.287, 205.473 to 205.513, inclusive, 205.610 to 205.810, inclusive, 370.380, 370.382, [370.395,] 370.405, 465.070 to 465.086, inclusive, 630.400, 630A.600, 631.400, 632.285, 632.291, 632.315, 633.741, 634.227, 634A.230, 635.167, 636.145, 637.090, 637B.290, 639.100, 639.2813, 640.169, 640A.230, 644A.900 or 654.200.
2. Except as otherwise provided for conveyances forfeitable pursuant to NRS 453.301 or 501.3857, all conveyances, including aircraft, vehicles or vessels, which are used or intended for use during the commission of a felony or a violation of NRS 202.287, 202.300 or 465.070 to 465.086, inclusive, are subject to forfeiture except that:
(a) A conveyance used by any person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to the felony or violation;
(b) A conveyance is not subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without the owners knowledge, consent or willful blindness;
(c) A conveyance is not subject to forfeiture for a violation of NRS 202.300 if the firearm used in the violation of that section was not loaded at the time of the violation; and
(d) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the felony. If a conveyance is forfeited, the appropriate law enforcement agency may pay the existing balance and retain the conveyance for official use.
3. For the purposes of this section, a firearm is loaded if:
κ2021 Statutes of Nevada, Page 448 (CHAPTER 105, AB 59)κ
(a) There is a cartridge in the chamber of the firearm;
(b) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; or
(c) There is a cartridge in the magazine and the magazine is in the firearm or there is a cartridge in the chamber, if the firearm is a semiautomatic firearm.
4. As used in this section, act of terrorism has the meaning ascribed to it in NRS 202.4415.
Sec. 4. NRS 370.0285 is hereby amended to read as follows:
370.0285 1. Delivery sale means any sale of cigarettes, cigarette paper or other tobacco products, whether the seller is located within or outside of the borders of this State, to a consumer in this State for which:
(a) The purchaser submits the order for the sale by means of a telephonic or other method of voice transmission, the mail or any other delivery service, or the Internet or any other on-line service; or
(b) The cigarettes , cigarette paper or other tobacco products are delivered by mail or the use of another delivery service.
2. For the purpose of this section, any sale of cigarettes , cigarette paper or other tobacco products to a natural person in this State who does not hold a current license as a wholesale or retail dealer constitutes a sale to a consumer.
Sec. 5. (Deleted by amendment.)
Sec. 6. NRS 370.321 is hereby amended to read as follows:
370.321 1. [A person shall not accept an order for a delivery sale unless the person first obtains a license as a retail dealer.
2.] A person who accepts an order for a delivery sale shall comply with all of the requirements of this chapter and chapters 202, 370A, 372 and 374 of NRS, and all other laws of this State generally applicable to sales of cigarettes , cigarette paper or other tobacco products that occur entirely within this State.
2. In addition to any other penalty authorized by law, the Attorney General may seek civil penalties against any person engaging in delivery sales in violation of this chapter or chapter 202 of NRS. Each violation is subject to a civil penalty in an amount not to exceed $1,000. Any civil penalty recovered pursuant to this section for a violation of NRS 202.24935 must be deposited into a separate account in the State General Fund to be used for the enforcement of this section and NRS 202.2493 and 202.2494.
Sec. 7. (Deleted by amendment.)
Sec. 8. NRS 370.521 is hereby amended to read as follows:
370.521 1. Except as otherwise provided in subsections 2 , 3 and [3,] 4, a person shall not sell, distribute or offer to sell cigarettes, cigarette paper [or other tobacco products] , any product containing, made or derived from tobacco, vapor product, alternative nicotine product or product containing, made or derived from nicotine to any [child] person under the age of [18] 21 years.
2. A person shall be deemed to be in compliance with the provisions of subsection 1 if, before the person sells, distributes or offers to sell to another [, cigarettes, cigarette paper, or other tobacco products,] any item described in subsection 1, the person:
κ2021 Statutes of Nevada, Page 449 (CHAPTER 105, AB 59)κ
(a) Demands that the other person present a valid drivers license, permanent resident card, tribal identification card or other written or documentary evidence which shows that the other person is [18] 21 years of age or older;
(b) Is presented a valid drivers license, permanent resident card, tribal identification card or other written or documentary evidence which shows that the other person is [18] 21 years of age or older; and
(c) Reasonably relies upon the drivers license, permanent resident card, tribal identification card or other written or documentary evidence presented by the other person.
3. The employer of a [child] person who is under [18] 21 years of age may, for the purpose of allowing the [child] person to handle or transport [cigarettes, cigarette paper or other tobacco products,] any item described in subsection 1 in the course of the [childs] persons lawful employment, provide [cigarettes, cigarette paper or other tobacco products] an item described in subsection 1 to the [child.] person under 21 years of age.
4. The provisions of this section do not apply to any product regulated by the United States Food and Drug Administration under Subchapter V of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 351 et seq.
5. A person who violates this section is liable for a civil penalty of:
(a) For the first violation within a 24-month period, $100.
(b) For the second violation within a 24-month period, $250.
(c) For the third and any subsequent violation within a 24-month period, $500.
[5.] 6. If an employee or agent of a licensee has violated this section:
(a) For the first and second violation within a 24-month period at the same premises, the licensee must be issued a warning.
(b) For the third violation within a 24-month period at the same premises, the licensee is liable for a civil penalty of $500.
(c) For the fourth violation within a 24-month period at the same premises, the licensee is liable for a civil penalty of $1,250.
(d) For the fifth and any subsequent violation within a 24-month period at the same premises, the licensee is liable for a civil penalty of $2,500.
[6.] 7. A peace officer or any person performing an inspection pursuant to NRS 202.2496 may issue a notice of infraction for a violation of this section. A notice of infraction must be issued on a form prescribed by the Department and must contain:
(a) The location at which the violation occurred;
(b) The date and time of the violation;
(c) The name of the establishment at which the violation occurred;
(d) The signature of the person who issued the notice of infraction;
(e) A copy of the section which allegedly is being violated;
(f) Information advising the person to whom the notice of infraction is issued of the manner in which, and the time within which, the person must submit an answer to the notice of infraction; and
(g) Such other pertinent information as the peace officer or person performing the inspection pursuant to NRS 202.2496 determines is necessary.
κ2021 Statutes of Nevada, Page 450 (CHAPTER 105, AB 59)κ
[7.] 8. A notice of infraction issued pursuant to subsection [6] 7 or a facsimile thereof must be filed with the Department and retained by the Department and is deemed to be a public record of matters which are observed pursuant to a duty imposed by law and is prima facie evidence of the facts alleged in the notice.
[8.] 9. A person to whom a notice of infraction is issued pursuant to subsection [6] 7 shall respond to the notice by:
(a) Admitting the violation stated in the notice and paying to the [Department] State of Nevada the applicable civil penalty set forth in subsection [4] 5 or [5.] 6.
(b) Denying liability for the infraction by notifying the Department and requesting a hearing in the manner indicated on the notice of infraction. Upon receipt of a request for a hearing pursuant to this paragraph, the Department shall provide the person submitting the request an opportunity for a hearing pursuant to chapter 233B of NRS.
[9.] 10. Any money collected by the [Department] State of Nevada from a civil penalty pursuant to this section must be deposited in a separate account in the State General Fund to be used for the enforcement of this section and NRS 202.2493 and 202.2494.
[10.] 11. As used in this section, licensee means a person who holds a license issued by the Department pursuant to this chapter.
Sec. 8.5. NRS 370.525 is hereby amended to read as follows:
370.525 1. Except as otherwise provided in subsection 2, a person may institute a civil action in a court of competent jurisdiction for appropriate injunctive relief if the person:
(a) Sells, distributes or manufactures cigarettes; and
(b) Sustains direct economic or commercial injury as a result of a violation of NRS 370.090 to 370.327, inclusive, 370.380, 370.382, 370.385, [370.395,] 370.405, 370.410 or 370.531 to 370.597, inclusive.
2. Nothing in this section authorizes an action against this State, a political subdivision of this State, or an officer, employee or agency thereof.
Sec. 9. NRS 370.323 and 370.395 are hereby repealed.
Sec. 10. 1. This section and sections 1 to 3.5, inclusive, and 6 to 9, inclusive, of this act become effective upon passage and approval.
2. Sections 4 and 5 of this act become effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 451κ
Assembly Bill No. 338Assemblyman Orentlicher
CHAPTER 106
[Approved: May 27, 2021]
AN ACT relating to governmental financial administration; revising the conditions under which certain public money may be invested in certain foreign bonds, notes or other obligations; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes investment of the money in the States General Portfolio and the money of local governments and certain administrative entities established by cooperative agreement in a bond, note or other obligation publicly issued in the United States by a foreign financial institution, corporation or government that: (1) is denominated in United States dollars; (2) is a senior unsecured unsubordinated obligation; (3) is registered with the United States Securities and Exchange Commission; (4) is publicly traded; (5) is purchased from a registered broker-dealer; (6) has a remaining term to maturity of 5 years or less at the time of purchase; and (7) is rated by a nationally recognized rating service as at least AA or its equivalent. Such an investment is limited under existing law to not more than 10 percent of the total par value of the portfolio at the time of purchase. (NRS 355.140, 355.170) Existing law similarly authorizes the investment of the money in the Nevada Higher Education Prepaid Tuition Trust Fund and the State Permanent School Fund in such foreign bonds, notes or other obligations. (NRS 353B.160, 355.060) This bill: (1) removes the requirement that such foreign bonds, notes or other obligations be publicly traded in order to be an authorized investment; and (2) reduces from AA to A the minimum required rating by a nationally recognized rating service required for such foreign bonds, notes or other obligations to be an authorized investment.
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 353B.160 is hereby amended to read as follows:
353B.160 1. The Board shall create a comprehensive plan that specifies the policies for investment which the State Treasurer shall follow in administrating the Trust Fund.
2. The Board may authorize the State Treasurer to invest the property of the Trust Fund in:
(a) A bond, note, certificate or other general obligation of the State of Nevada, or of a county, city, general improvement district or school district of the State of Nevada.
(b) A corporate bond of a corporation created by or existing under the laws of the United States or of a state, district or territory of the United States with a rating not lower than A or its equivalent by a nationally recognized rating service. The total amount invested in such bonds must not exceed 50 percent of the book value of the total fixed income investments of the Trust Fund.
(c) Commercial paper of a corporation created by or existing under the laws of the United States or of a state, district or territory of the United States or of a wholly owned subsidiary of such a corporation with a rating not lower than A-3 or P-3 by a nationally recognized rating service.
κ2021 Statutes of Nevada, Page 452 (CHAPTER 106, AB 338)κ
or of a wholly owned subsidiary of such a corporation with a rating not lower than A-3 or P-3 by a nationally recognized rating service.
(d) A bond, note, debenture or other valid obligation that is issued by the Treasury of the United States.
(e) A bond, note, debenture or other security that is issued by an agency or instrumentality of the United States or that is fully guaranteed by the United States in:
(1) The Federal Farm Credit Banks Funding Corporation;
(2) The Federal National Mortgage Association;
(3) The Federal Home Loan Banks;
(4) The Federal Home Loan Mortgage Corporation; or
(5) The Government National Mortgage Association.
(f) A bond, note, debenture or other security in the Student Loan Marketing Association, regardless of whether it is guaranteed by the United States.
(g) A bond, note or other obligation issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, the International Finance Corporation or the Inter-American Development Bank that:
(1) Is denominated in United States dollars;
(2) Is a senior unsecured unsubordinated obligation;
(3) At the time of purchase has a remaining term to maturity of 5 years or less; and
(4) Is rated by a nationally recognized rating service as AA or its equivalent, or better,
Κ except that investments pursuant to this paragraph may not, in aggregate value, exceed 15 percent of the total par value of the Trust Fund at the time of purchase.
(h) A bond, note or other obligation publicly issued in the United States by a foreign financial institution, corporation or government that:
(1) Is denominated in United States dollars;
(2) Is a senior unsecured unsubordinated obligation;
(3) Is registered with the Securities and Exchange Commission in accordance with the provisions of the Securities Act of 1933, 15 U.S.C. §§ 77a et seq., as amended;
(4) [Is publicly traded;
(5)] Is purchased from a registered broker-dealer;
[(6)] (5) At the time of purchase has a remaining term to maturity of 5 years or less; and
[(7)] (6) Is rated by a nationally recognized rating service as [AA] A or its equivalent, or better,
Κ except that investments pursuant to this paragraph may not, in aggregate value, exceed 10 percent of the total par value of the Trust Fund as determined at the time of purchase.
(i) Collateralized mortgage obligations that are rated AAA or its equivalent by a nationally recognized rating service.
(j) Asset-backed securities that are rated AAA or its equivalent by a nationally recognized rating service.
(k) Money market mutual funds that:
(1) Are registered with the Securities and Exchange Commission;
(2) Are rated by a nationally recognized rating service as A or its equivalent, or better; and
κ2021 Statutes of Nevada, Page 453 (CHAPTER 106, AB 338)κ
(3) Invest only in securities issued by the Federal Government or agencies of the Federal Government or in repurchase agreements fully collateralized by such securities.
Κ The total dollar amount invested in such mutual funds must not exceed 20 percent of the total dollar amount of the Trust Fund that is invested.
(l) Common or preferred stock of a corporation created by or existing under the laws of the United States or of a state, district or territory of the United States, if:
(1) The stock of the corporation is:
(I) Listed on a national stock exchange; or
(II) Traded in the over-the-counter market, if the price quotations for the over-the-counter stock are quoted by the National Association of Securities Dealers Automated Quotation System, NASDAQ;
(2) The outstanding shares of the corporation have a total market value of not less than $50,000,000;
(3) The maximum investment in stock is not greater than 60 percent of the book value of the total investments of the Trust Fund;
(4) Except for investments made pursuant to paragraph (o), the amount of an investment in a single corporation is not greater than 3 percent of the book value of the assets of the Trust Fund; and
(5) Except for investments made pursuant to paragraph (o), the total amount of shares owned by the Trust Fund is not greater than 5 percent of the outstanding stock of a single corporation.
(m) A covered call or put option on securities that are traded on one or more of the regulated exchanges in the United States.
(n) A pooled or commingled real estate fund or a real estate security that is managed by a corporate trustee or by an investment advisory firm that is registered with the Securities and Exchange Commission, either of which may be retained by the Board as an investment manager. The shares and the pooled or commingled fund must be held in trust. The total book value of an investment made under this paragraph must not at any time be greater than 5 percent of the total book value of all investments of the Trust Fund.
(o) Mutual funds or common trust funds that consist of any combination of the investments listed in paragraphs (a) to (n), inclusive.
3. The State Treasurer shall exercise the standard of care in investing the property of the Trust Fund that a person of prudence, discretion and intelligence would exercise in the management of his or her own affairs, given the prevailing circumstances, not in regard to speculation but rather to the permanent disposition of the property, considering the potential income from and the probable safety of his or her capital.
4. Subject to the terms, conditions, limitations and restrictions set forth in this section, the State Treasurer may sell, assign, transfer or dispose of the property and investments of the Trust Fund upon the approval of a majority of the Board.
5. The assets of the Trust Fund:
(a) Must be maintained, invested and expended solely for the purposes of NRS 353B.010 to 353B.190, inclusive; and
(b) Must not be loaned, transferred or otherwise used for a purpose other than the purposes of NRS 353B.010 to 353B.190, inclusive.
6. The State Treasurer shall credit any income derived from an investment or a gain from a sale or exchange of an investment to the Trust Fund.
κ2021 Statutes of Nevada, Page 454 (CHAPTER 106, AB 338)κ
7. The State Treasurer shall acquire each investment for the Trust Fund at a price not to exceed the prevailing market value for such an investment.
8. Each investment in the Trust Fund must be clearly marked to indicate ownership by the Trust Fund.
9. The State Treasurer, an employee of the State Treasurer, or a member or employee of the Board shall not:
(a) Have a direct or indirect interest in the income, gain or profit of an investment that the State Treasurer makes;
(b) Receive pay or emolument for his or her services in connection with an investment that the State Treasurer makes; or
(c) Become an endorser, surety or obligor for money that is borrowed from the Trust Fund.
10. If the annual actuarial study performed pursuant to NRS 353B.190 reveals that there is insufficient money to ensure the actuarial soundness of the Trust Fund, the Board shall modify the terms of subsequent prepaid tuition contracts.
11. The terms, conditions, limitations and restrictions regarding investments of the Trust Fund listed in this section apply only at the time an investment is originally acquired and must not be construed to require the liquidation of an investment at any time.
Sec. 2. NRS 355.060 is hereby amended to read as follows:
355.060 1. The State Controller shall notify the State Treasurer monthly of the amount of uninvested money in the State Permanent School Fund.
2. Whenever there is a sufficient amount of money for investment in the State Permanent School Fund, the State Treasurer shall proceed to negotiate for the investment of the money in:
(a) United States bonds.
(b) A bond, note or other obligation issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, the International Finance Corporation or the Inter-American Development Bank that:
(1) Is denominated in United States dollars;
(2) Is a senior unsecured unsubordinated obligation;
(3) At the time of purchase has a remaining term to maturity of 5 years or less; and
(4) Is rated by a nationally recognized rating service as AA or its equivalent, or better,
Κ except that investments pursuant to this paragraph may not, in aggregate value, exceed 15 percent of the total par value of the portfolio as determined at the time of purchase.
(c) A bond, note or other obligation publicly issued in the United States by a foreign financial institution, corporation or government that:
(1) Is denominated in United States dollars;
(2) Is a senior unsecured unsubordinated obligation;
(3) Is registered with the Securities and Exchange Commission in accordance with the provisions of the Securities Act of 1933, 15 U.S.C. §§ 77a et seq., as amended;
(4) [Is publicly traded;
(5)] Is purchased from a registered broker-dealer;
[(6)] (5) At the time of purchase has a remaining term to maturity of 5 years or less; and
κ2021 Statutes of Nevada, Page 455 (CHAPTER 106, AB 338)κ
[(7)] (6) Is rated by a nationally recognized rating service as [AA] A or its equivalent, or better,
Κ except that investments pursuant to this paragraph may not, in aggregate value, exceed 10 percent of the total par value of the portfolio as determined at the time of purchase.
(d) Obligations or certificates of the Federal National Mortgage Association, the Federal Home Loan Banks, the Federal Home Loan Mortgage Corporation, the Federal Farm Credit Banks Funding Corporation or the Student Loan Marketing Association, whether or not guaranteed by the United States.
(e) Bonds of this state or of other states.
(f) Bonds of any county of the State of Nevada.
(g) United States treasury notes.
(h) Farm mortgage loans fully insured and guaranteed by the Farm Service Agency of the United States Department of Agriculture.
(i) Loans at a rate of interest of not less than 6 percent per annum, secured by mortgage on agricultural lands in this state of not less than three times the value of the amount loaned, exclusive of perishable improvements, of unexceptional title and free from all encumbrances.
(j) Money market mutual funds that:
(1) Are registered with the Securities and Exchange Commission;
(2) Are rated by a nationally recognized rating service as AAA or its equivalent; and
(3) Invest only in securities issued or guaranteed as to payment of principal and interest by the Federal Government, or its agencies or instrumentalities, or in repurchase agreements that are fully collateralized by such securities.
(k) Common or preferred stock of a corporation created by or existing under the laws of the United States or of a state, district or territory of the United States, if:
(1) The stock of the corporation is:
(I) Listed on a national stock exchange; or
(II) Traded in the over-the-counter market, if the price quotations for the over-the-counter stock are quoted by the National Association of Securities Dealers Automated Quotation System (NASDAQ);
(2) The outstanding shares of the corporation have a total market value of not less than $50,000,000;
(3) The maximum investment in stock is not greater than 50 percent of the book value of the total investments of the State Permanent School Fund;
(4) Except for investments made pursuant to paragraph (m), the amount of an investment in a single corporation is not greater than 3 percent of the book value of the assets of the State Permanent School Fund; and
(5) Except for investments made pursuant to paragraph (m), the total amount of shares owned by the State Permanent School Fund is not greater than 5 percent of the outstanding stock of a single corporation.
(l) A pooled or commingled real estate fund or a real estate security that is managed by a corporate trustee or by an investment advisory firm that is registered with the Securities and Exchange Commission, either of which may be retained by the State Treasurer as an investment manager. The shares and the pooled or commingled fund must be held in trust. The total book value of an investment made under this paragraph must not at any time be greater than 5 percent of the total book value of all investments of the State Permanent School Fund.
κ2021 Statutes of Nevada, Page 456 (CHAPTER 106, AB 338)κ
value of an investment made under this paragraph must not at any time be greater than 5 percent of the total book value of all investments of the State Permanent School Fund.
(m) Mutual funds or common trust funds that consist of any combination of the investments listed in paragraphs (a) to (l), inclusive.
(n) The limited partnerships or limited-liability companies described in NRS 355.280.
3. The State Treasurer shall not invest any money in the State Permanent School Fund pursuant to paragraph (k), (l), (m) or (n) of subsection 2 unless the State Treasurer obtains a judicial determination that the proposed investment or category of investments will not violate the provisions of Section 9 of Article 8 of the Constitution of the State of Nevada. The State Treasurer shall contract for the services of independent contractors to manage any investments of the State Treasurer made pursuant to paragraph (k), (l) or (m) of subsection 2. The State Treasurer shall establish such criteria for the qualifications of such an independent contractor as are appropriate to ensure that each independent contractor has expertise in the management of such investments.
4. In addition to the investments authorized by subsection 2, the State Treasurer may make loans of money from the State Permanent School Fund to school districts pursuant to NRS 387.526.
5. No part of the State Permanent School Fund may be invested pursuant to a reverse-repurchase agreement.
Sec. 3. NRS 355.140 is hereby amended to read as follows:
355.140 1. In addition to other investments provided for by a specific statute, the following bonds and other securities are proper and lawful investments of any of the money of this state, of its various departments, institutions and agencies, and of the State Insurance Fund:
(a) Bonds and certificates of the United States;
(b) Bonds, notes, debentures and loans if they are underwritten by or their payment is guaranteed by the United States;
(c) Obligations or certificates of the United States Postal Service, the Federal National Mortgage Association, the Government National Mortgage Association, the Federal Agricultural Mortgage Corporation, the Federal Home Loan Banks, the Federal Home Loan Mortgage Corporation or the Student Loan Marketing Association, whether or not guaranteed by the United States;
(d) Bonds of this state or other states of the Union;
(e) Bonds of any county of this state or of other states;
(f) Bonds of incorporated cities in this state or in other states of the Union, including special assessment district bonds if those bonds provide that any deficiencies in the proceeds to pay the bonds are to be paid from the general fund of the incorporated city;
(g) General obligation bonds of irrigation districts and drainage districts in this state which are liens upon the property within those districts, if the value of the property is found by the board or commission making the investments to render the bonds financially sound over all other obligations of the districts;
(h) Bonds of school districts within this state;
(i) Bonds of any general improvement district whose population is 200,000 or more and which is situated in two or more counties of this state or of any other state, if:
κ2021 Statutes of Nevada, Page 457 (CHAPTER 106, AB 338)κ
(1) The bonds are general obligation bonds and constitute a lien upon the property within the district which is subject to taxation; and
(2) That property is of an assessed valuation of not less than five times the amount of the bonded indebtedness of the district;
(j) Medium-term obligations for counties, cities and school districts authorized pursuant to chapter 350 of NRS;
(k) Loans bearing interest at a rate determined by the State Board of Finance when secured by first mortgages on agricultural lands in this state of not less than three times the value of the amount loaned, exclusive of perishable improvements, and of unexceptional title and free from all encumbrances;
(l) Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, excluding such money thereof as has been received or which may be received hereafter from the Federal Government or received pursuant to some federal law which governs the investment thereof;
(m) Negotiable certificates of deposit issued by commercial banks, insured credit unions, savings and loan associations or savings banks;
(n) Bankers acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve banks or trust companies which are members of the Federal Reserve System, except that acceptances may not exceed 180 days maturity, and may not, in aggregate value, exceed 20 percent of the total par value of the portfolio as determined at the time of purchase;
(o) Commercial paper issued by a corporation organized and operating in the United States or by a depository institution licensed by the United States or any state and operating in the United States that:
(1) At the time of purchase has a remaining term to maturity of not more than 270 days; and
(2) Is rated by a nationally recognized rating service as A-1, P-1 or its equivalent, or better,
Κ except that investments pursuant to this paragraph may not, in aggregate value, exceed 25 percent of the total par value of the portfolio as determined at the time of purchase. If the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, the State Treasurer shall take such action as he or she deems appropriate to preserve the principal value and integrity of the portfolio as a whole and report to the State Board of Finance any action taken by the State Treasurer pursuant to this paragraph;
(p) Notes, bonds and other unconditional obligations for the payment of money, except certificates of deposit that do not qualify pursuant to paragraph (m), issued by corporations organized and operating in the United States or by depository institutions licensed by the United States or any state and operating in the United States that:
κ2021 Statutes of Nevada, Page 458 (CHAPTER 106, AB 338)κ
(1) Are purchased from a registered broker-dealer;
(2) At the time of purchase have a remaining term to maturity of not more than 5 years; and
(3) Are rated by a nationally recognized rating service as A or its equivalent, or better,
Κ except that investments pursuant to this paragraph may not, in aggregate value, exceed 25 percent of the total par value of the portfolio as determined at the time of purchase. If the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, the State Treasurer shall take such action as he or she deems appropriate to preserve the principal value and integrity of the portfolio as a whole and report to the State Board of Finance any action taken by the State Treasurer pursuant to this paragraph;
(q) A bond, note or other obligation issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, the International Finance Corporation or the Inter-American Development Bank that:
(1) Is denominated in United States dollars;
(2) Is a senior unsecured unsubordinated obligation;
(3) At the time of purchase has a remaining term to maturity of 5 years or less; and
(4) Is rated by a nationally recognized rating service as AA or its equivalent, or better,
Κ except that investments pursuant to this paragraph may not, in aggregate value, exceed 15 percent of the total par value of the portfolio as determined at the time of purchase;
(r) A bond, note or other obligation publicly issued in the United States by a foreign financial institution, corporation or government that:
(1) Is denominated in United States dollars;
(2) Is a senior unsecured unsubordinated obligation;
(3) Is registered with the Securities and Exchange Commission in accordance with the provisions of the Securities Act of 1933, 15 U.S.C. §§ 77a et seq., as amended;
(4) [Is publicly traded;
(5)] Is purchased from a registered broker-dealer;
[(6)] (5) At the time of purchase has a remaining term to maturity of 5 years or less; and
[(7)] (6) Is rated by a nationally recognized rating service as [AA] A or its equivalent, or better,
Κ except that investment pursuant to this paragraph may not, in aggregate value, exceed 10 percent of the total par value of the portfolio as determined at the time of purchase;
(s) Money market mutual funds which:
(1) Are registered with the Securities and Exchange Commission;
(2) Are rated by a nationally recognized rating service as AAA or its equivalent; and
(3) Invest only in securities issued by the Federal Government or agencies of the Federal Government or in repurchase agreements fully collateralized by such securities;
(t) Collateralized mortgage obligations that are rated by a nationally recognized rating service as AAA or its equivalent; and
κ2021 Statutes of Nevada, Page 459 (CHAPTER 106, AB 338)κ
(u) Asset-backed securities that are rated by a nationally recognized rating service as AAA or its equivalent.
2. Repurchase agreements are proper and lawful investments of money of the State and the State Insurance Fund for the purchase or sale of securities which are negotiable and of the types listed in subsection 1 if made in accordance with the following conditions:
(a) The State Treasurer shall designate in advance and thereafter maintain a list of qualified counterparties which:
(1) Regularly provide audited and, if available, unaudited financial statements to the State Treasurer;
(2) The State Treasurer has determined to have adequate capitalization and earnings and appropriate assets to be highly credit worthy; and
(3) Have executed a written master repurchase agreement in a form satisfactory to the State Treasurer and the State Board of Finance pursuant to which all repurchase agreements are entered into. The master repurchase agreement must require the prompt delivery to the State Treasurer and the appointed custodian of written confirmations of all transactions conducted thereunder, and must be developed giving consideration to the Federal Bankruptcy Act, 11 U.S.C. §§ 101 et seq.
(b) In all repurchase agreements:
(1) At or before the time money to pay the purchase price is transferred, title to the purchased securities must be recorded in the name of the appointed custodian, or the purchased securities must be delivered with all appropriate, executed transfer instruments by physical delivery to the custodian;
(2) The State must enter into a written contract with the custodian appointed pursuant to subparagraph (1) which requires the custodian to:
(I) Disburse cash for repurchase agreements only upon receipt of the underlying securities;
(II) Notify the State when the securities are marked to the market if the required margin on the agreement is not maintained;
(III) Hold the securities separate from the assets of the custodian; and
(IV) Report periodically to the State concerning the market value of the securities;
(3) The market value of the purchased securities must exceed 102 percent of the repurchase price to be paid by the counterparty and the value of the purchased securities must be marked to the market weekly;
(4) The date on which the securities are to be repurchased must not be more than 90 days after the date of purchase; and
(5) The purchased securities must not have a term to maturity at the time of purchase in excess of 10 years.
3. As used in subsection 2:
(a) Counterparty means a bank organized and operating or licensed to operate in the United States pursuant to federal or state law or a securities dealer which is:
(1) A registered broker-dealer;
(2) Designated by the Federal Reserve Bank of New York as a primary dealer in United States government securities; and
(3) In full compliance with all applicable capital requirements.
κ2021 Statutes of Nevada, Page 460 (CHAPTER 106, AB 338)κ
(b) Repurchase agreement means a purchase of securities by the State or State Insurance Fund from a counterparty which commits to repurchase those securities or securities of the same issuer, description, issue date and maturity on or before a specified date for a specified price.
4. No money of this state may be invested pursuant to a reverse-repurchase agreement, except money invested pursuant to chapter 286 of NRS.
Sec. 4. NRS 355.170 is hereby amended to read as follows:
355.170 1. Except as otherwise provided in this section and NRS 354.750 and 355.171, the governing body of a local government or an administrative entity established pursuant to NRS 277.080 to 277.180, inclusive, that is not a local government may purchase for investment the following securities and no others:
(a) Bonds and debentures of the United States, the maturity dates of which do not extend more than 10 years after the date of purchase.
(b) A bond, note or other obligation issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, the International Finance Corporation or the Inter-American Development Bank that:
(1) Is denominated in United States dollars;
(2) Is a senior unsecured unsubordinated obligation;
(3) At the time of purchase has a remaining term to maturity of 5 years or less; and
(4) Is rated by a nationally recognized rating service as AA or its equivalent, or better,
Κ except that investments pursuant to this paragraph may not, in aggregate value, exceed 15 percent of the total par value of the portfolio as determined at the time of purchase.
(c) A bond, note or other obligation publicly issued in the United States by a foreign financial institution, corporation or government that:
(1) Is denominated in United States dollars;
(2) Is a senior unsecured unsubordinated obligation;
(3) Is registered with the Securities and Exchange Commission in accordance with the provisions of the Securities Act of 1933, §§ 77a et seq., as amended;
(4) [Is publicly traded;
(5)] Is purchased from a registered broker-dealer;
[(6)] (5) At the time of purchase has a remaining term to maturity of 5 years or less; and
[(7)] (6) Is rated by a nationally recognized rating service as [AA] A or its equivalent, or better,
Κ except that investments pursuant to this paragraph may not, in aggregate value, exceed 10 percent of the total par value of the portfolio as determined at the time of purchase.
(d) Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive.
κ2021 Statutes of Nevada, Page 461 (CHAPTER 106, AB 338)κ
Credit Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive.
(e) Bills and notes of the United States Treasury, the maturity date of which is not more than 10 years after the date of purchase.
(f) Obligations of an agency or instrumentality of the United States of America or a corporation sponsored by the government, the maturity date of which is not more than 10 years after the date of purchase.
(g) Negotiable certificates of deposit issued by commercial banks, insured credit unions, savings and loan associations or savings banks.
(h) Securities which have been expressly authorized as investments for local governments by any provision of Nevada Revised Statutes or by any special law.
(i) Nonnegotiable certificates of deposit issued by insured commercial banks, insured credit unions, insured savings and loan associations or insured savings banks, except certificates that are not within the limits of insurance provided by an instrumentality of the United States, unless those certificates are collateralized in the same manner as is required for uninsured deposits by a county treasurer pursuant to NRS 356.133. For the purposes of this paragraph, any reference in NRS 356.133 to a county treasurer or board of county commissioners shall be deemed to refer to the appropriate financial officer or governing body of the local government purchasing the certificates.
(j) Subject to the limitations contained in NRS 355.177, negotiable notes or medium-term obligations issued by local governments of the State of Nevada pursuant to NRS 350.087 to 350.095, inclusive.
(k) Bankers acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve Banks, and generally accepted by banks or trust companies which are members of the Federal Reserve System. Eligible bankers acceptances may not exceed 180 days maturity. Purchases of bankers acceptances may not exceed 20 percent of the money available to a local government for investment as determined at the time of purchase.
(l) Obligations of state and local governments:
(1) If:
(I) The interest on the obligation is exempt from gross income for federal income tax purposes; and
(II) The obligation has been rated A or higher by one or more nationally recognized bond credit rating agencies; or
(2) If the obligation is secured by the proceeds that are paid into the tax increment account of a tax increment area created by a municipality pursuant to NRS 278C.220.
(m) Commercial paper issued by a corporation organized and operating in the United States or by a depository institution licensed by the United States or any state and operating in the United States that:
(1) At the time of purchase has a remaining term to maturity of no more than 270 days; and
(2) Is rated by a nationally recognized rating service as A-1, P-1 or its equivalent, or better,
Κ except that investments pursuant to this paragraph may not, in aggregate value, exceed 25 percent of the total par value of the portfolio as determined at the time of purchase, and not more than 5 percent of the total par value of the portfolio may be invested in commercial paper issued by any one corporation or depository institution. If the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, the investment advisor must report the reduction in the rating to the governing body of the local government that purchased the investment, the governing body of the local government or, if the purchase was effected by the State Treasurer pursuant to his or her investment of a pool of money from local governments, the State Treasurer must take such action as the governing body or State Treasurer deems appropriate to preserve the principal value and integrity of the portfolio as a whole and the governing body or State Treasurer, as applicable, must report to the State Board of Finance any action taken pursuant to this paragraph.
κ2021 Statutes of Nevada, Page 462 (CHAPTER 106, AB 338)κ
to a level that does not meet the requirements of this paragraph, the investment advisor must report the reduction in the rating to the governing body of the local government that purchased the investment, the governing body of the local government or, if the purchase was effected by the State Treasurer pursuant to his or her investment of a pool of money from local governments, the State Treasurer must take such action as the governing body or State Treasurer deems appropriate to preserve the principal value and integrity of the portfolio as a whole and the governing body or State Treasurer, as applicable, must report to the State Board of Finance any action taken pursuant to this paragraph.
(n) Money market mutual funds which:
(1) Are registered with the Securities and Exchange Commission;
(2) Are rated by a nationally recognized rating service as AAA or its equivalent; and
(3) Invest only in:
(I) Securities issued by the Federal Government or agencies of the Federal Government;
(II) Master notes, bank notes or other short-term commercial paper rated by a nationally recognized rating service as A-1, P-1 or its equivalent, or better, issued by a corporation organized and operating in the United States or by a depository institution licensed by the United States or any state and operating in the United States; or
(III) Repurchase agreements that are fully collateralized by the obligations described in sub-subparagraphs (I) and (II).
(o) Obligations of the Federal Agricultural Mortgage Corporation.
2. Repurchase agreements are proper and lawful investments of money of a governing body of a local government for the purchase or sale of securities which are negotiable and of the types listed in subsection 1 if made in accordance with the following conditions:
(a) The governing body of the local government shall designate in advance and thereafter maintain a list of qualified counterparties which:
(1) Regularly provide audited and, if available, unaudited financial statements;
(2) The governing body of the local government has determined to have adequate capitalization and earnings and appropriate assets to be highly creditworthy; and
(3) Have executed a written master repurchase agreement in a form satisfactory to the governing body of the local government pursuant to which all repurchase agreements are entered into. The master repurchase agreement must require the prompt delivery to the governing body of the local government and the appointed custodian of written confirmations of all transactions conducted thereunder, and must be developed giving consideration to the Federal Bankruptcy Act.
(b) In all repurchase agreements:
(1) At or before the time money to pay the purchase price is transferred, title to the purchased securities must be recorded in the name of the appointed custodian, or the purchased securities must be delivered with all appropriate, executed transfer instruments by physical delivery to the custodian;
(2) The governing body of the local government must enter a written contract with the custodian appointed pursuant to subparagraph (1) which requires the custodian to:
κ2021 Statutes of Nevada, Page 463 (CHAPTER 106, AB 338)κ
(I) Disburse cash for repurchase agreements only upon receipt of the underlying securities;
(II) Notify the governing body of the local government when the securities are marked to the market if the required margin on the agreement is not maintained;
(III) Hold the securities separate from the assets of the custodian; and
(IV) Report periodically to the governing body of the local government concerning the market value of the securities;
(3) The market value of the purchased securities must exceed 102 percent of the repurchase price to be paid by the counterparty and the value of the purchased securities must be marked to the market weekly;
(4) The date on which the securities are to be repurchased must not be more than 90 days after the date of purchase; and
(5) The purchased securities must not have a term to maturity at the time of purchase in excess of 10 years.
3. The securities described in paragraphs (a), (d) and (e) of subsection 1 and the repurchase agreements described in subsection 2 may be purchased when, in the opinion of the governing body of the local government, there is sufficient money in any fund of the local government to purchase those securities and the purchase will not result in the impairment of the fund for the purposes for which it was created.
4. When the governing body of the local government has determined that there is available money in any fund or funds for the purchase of bonds as set out in subsection 1 or 2, those purchases may be made and the bonds paid for out of any one or more of the funds, but the bonds must be credited to the funds in the amounts purchased, and the money received from the redemption of the bonds, as and when redeemed, must go back into the fund or funds from which the purchase money was taken originally.
5. Any interest earned on money invested pursuant to subsection 3, may, at the discretion of the governing body of the local government, be credited to the fund from which the principal was taken or to the general fund of the local government.
6. The governing body of a local government may invest any money apportioned into funds and not invested pursuant to subsection 3 and any money not apportioned into funds in bills and notes of the United States Treasury, the maturity date of which is not more than 1 year after the date of investment. These investments must be considered as cash for accounting purposes, and all the interest earned on them must be credited to the general fund of the local government.
7. This section does not authorize the investment of money administered pursuant to a contract, debenture agreement or grant in a manner not authorized by the terms of the contract, agreement or grant.
8. As used in this section:
(a) Counterparty means a bank organized and operating or licensed to operate in the United States pursuant to federal or state law or a securities dealer which is:
(1) A registered broker-dealer;
(2) Designated by the Federal Reserve Bank of New York as a primary dealer in United States government securities; and
(3) In full compliance with all applicable capital requirements.
κ2021 Statutes of Nevada, Page 464 (CHAPTER 106, AB 338)κ
(b) Local government has the meaning ascribed to it in NRS 354.474.
(c) Repurchase agreement means a purchase of securities by the governing body of a local government from a counterparty which commits to repurchase those securities or securities of the same issuer, description, issue date and maturity on or before a specified date for a specified price.
Sec. 5. This act becomes effective on July 1, 2021.
________
Senate Bill No. 28Committee on Government Affairs
CHAPTER 107
[Approved: May 27, 2021]
AN ACT relating to the military; establishing the offense of sexual harassment within the Nevada Code of Military Justice; revising provisions relating to the offense of sexual assault within the Code; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law contains the Nevada Code of Military Justice, which provides a system of adjudicating guilt and punishing offenders within the Nevada National Guard. (NRS 412.196-412.584) Section 1 of this bill establishes the offense of sexual harassment within the Code, using language that is consistent with language used in the Manual for Courts-Martial relating to sexual harassment. (Manual for Courts-Martial, United States (2019 ed.) [MCM], pt. IV, Ά 19.c) Under section 1, any person who is subject to the Code is guilty of sexual harassment if the person: (1) engages in or attempts to engage in influencing, offering to influence or threatening the career, pay or job of another person in exchange for sexual favors; or (2) makes deliberate or repeated offensive comments or gestures of a sexual nature to or in the presence of another person. Section 1 also provides that a person who is guilty of sexual harassment shall be punished by way of nonjudicial punishment or as a court-martial may direct.
Existing law provides that any person who is subject to the Nevada Code of Military Justice is guilty of sexual assault or sexual misconduct if the person engages in or causes nonconsensual sexual contact with or by another person without legal justification or lawful authorization. (NRS 412.5485) Section 3 of this bill makes the existing Code regarding sexual assault consistent with the provisions of the Uniform Code of Military Justice of the Armed Forces of the United States and a directive from the United States Department of Defense relating to sexual assault. (10 U.S.C. § 920; DOD Dir. 6495.01, January 23, 2012) Section 3 removes the reference to sexual misconduct and provides that a person is guilty of sexual assault if he or she engages in or attempts to engage in intentional sexual contact with another person and such sexual contact: (1) is characterized by the use of force, threats, intimidation or abuse of authority; or (2) occurs when the victim does not or cannot consent. Section 3 also defines the term consent and specifies the circumstances that do not constitute consent and the circumstances in which a person cannot provide consent. Section 3 additionally revises the definition of the term sexual contact.
κ2021 Statutes of Nevada, Page 465 (CHAPTER 107, SB 28)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 412 of NRS is hereby amended by adding thereto a new section to read as follows:
Any person subject to this Code who engages in or attempts to engage in influencing, offering to influence or threatening the career, pay or job of another person in exchange for sexual favors or who makes deliberate or repeated offensive comments or gestures of a sexual nature to or in the presence of another person is guilty of sexual harassment and shall be punished by way of nonjudicial punishment or as a court-martial may direct.
Sec. 2. NRS 412.452 is hereby amended to read as follows:
412.452 No person may be tried or punished for any offense provided for in NRS 412.454 to 412.562, inclusive, and section 1 of this act unless it was committed while the person was subject to jurisdiction under this Code in accordance with NRS 412.254, 412.2545 and 412.256, as applicable.
Sec. 3. NRS 412.5485 is hereby amended to read as follows:
412.5485 1. Any person subject to this Code who engages in or [causes nonconsensual] attempts to engage in intentional sexual contact with [or by] another person [, without legal justification or lawful authorization,] and such sexual contact is characterized by the use of force, threats, intimidation or abuse of authority or occurs when the victim does not or cannot consent is guilty of sexual assault [or sexual misconduct] and shall be punished by way of nonjudicial punishment or as a court-martial may direct.
2. Neither consent nor mistake of fact as to consent is an affirmative defense in a prosecution for sexual assault . [or sexual misconduct.]
3. In a prosecution under this section, in proving that the accused made a threat, it need not be proven that the accused actually intended to carry out the threat.
4. As used in this section:
(a) [Nonconsensual] Consent means [:
(1) Using force against the other person before consent or to gain consent;
(2) Causing grievous bodily harm to a person;
(3) Threatening or placing a person in fear to gain consent;
(4) Rendering a person unconscious;
(5) Administering to a person by force or threat of force, or without the knowledge or permission of that person, a drug, intoxicant or other similar substance and thereby substantially impairing the ability of that other person to appraise or control conduct;
(6) Receiving verbal nonconsent before the act; or
(7) Lack of permission given.] an agreement to sexual contact that is freely given by a competent person. For the purposes of this section:
κ2021 Statutes of Nevada, Page 466 (CHAPTER 107, SB 28)κ
(1) There is no consent if a person expresses a lack of consent through words or conduct.
(2) The following circumstances do not constitute consent:
(I) A lack of verbal or physical resistance by a person;
(II) The submission of a person to sexual contact as a result of the use of force or threat of the use of force or the placing of the person in fear;
(III) The fact alone that a person is currently or was previously in a dating, social or sexual relationship with the person engaging or attempting to engage in sexual contact in violation of subsection 1; or
(IV) The manner of dress of a person.
(3) A person cannot provide consent:
(I) If the person is sleeping, unconscious or incompetent;
(II) To being subjected to force causing or likely to cause death or grievous bodily harm or to being rendered unconscious; or
(III) While under threat or in fear.
(4) All of the surrounding circumstances must be considered in determining whether a person provided consent.
(b) Sexual contact means [the intentional] touching [,] or causing another person to touch, with any part of the body or with an object and either directly or through the clothing, [of] the [genitalia,] vulva, penis, scrotum, anus, groin, breast, inner thigh or buttocks of another person [or intentionally causing another person to touch, either directly or through the clothing, the genitalia, anus, groin, breast, inner thigh or buttocks of any person,] with an intent to abuse, humiliate , harass or degrade any person or to arouse or gratify the sexual desire of any person.
Sec. 4. The amendatory provisions of this act apply to conduct that occurs on or after the effective date of this act.
Sec. 5. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 467κ
Assembly Bill No. 87Assemblymen Nguyen and Roberts
CHAPTER 108
[Approved: May 27, 2021]
AN ACT relating to land use planning; authorizing cities and counties to establish a simplified procedure for the vacation and abandonment of certain easements; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth a procedure for the vacation or abandonment of streets and easements owned by a city or county. Existing law further authorizes the governing body of a city or county to establish by ordinance a simplified procedure for the vacation or abandonment of an easement for a public utility owned or controlled by the governing body. (NRS 278.480) This bill authorizes the governing body of a city or county to establish by ordinance a simplified procedure for the vacation or abandonment of any easement owned or controlled by the city or county. This bill also provides that unless the vacation or abandonment of the easement is for a public utility owned or controlled by the governing body, the simplified procedure must: (1) require that a petition be filed with the governing body that requests the vacation or abandonment and contains the notarized signature of each owner of property abutting or underlying the easement; (2) prohibit the vacation or abandonment unless the staff of the city or county makes certain determinations; (3) authorize any person aggrieved by the decision on whether to approve the vacation or abandonment to appeal the decision to the governing body; and (4) provide that the vacation or abandonment is not effective until the order of approval is recorded in the office of the county recorder. Lastly, this bill provides that the simplified procedure does not apply to the vacation or abandonment of any street, drainage easement, sidewalk or other pedestrian right of way.
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 278.480 is hereby amended to read as follows:
278.480 1. Except as otherwise provided in subsections 11 and 12, any abutting owner or local government desiring the vacation or abandonment of any street or easement owned by a city or a county, or any portion thereof, shall file a petition in writing with the planning commission or the governing body having jurisdiction.
2. The governing body may establish by ordinance a procedure by which, after compliance with the requirements for notification of public hearing set forth in this section, a vacation or abandonment of a street or an easement may be approved in conjunction with the approval of a tentative map pursuant to NRS 278.349.
3. A government patent easement which is no longer required for a public purpose may be vacated by:
(a) The governing body; or
(b) The planning commission, hearing examiner or other designee, if authorized to take final action by the governing body,
κ2021 Statutes of Nevada, Page 468 (CHAPTER 108, AB 87)κ
Κ without conducting a hearing on the vacation if the applicant for the vacation obtains the written consent of each owner of property abutting the proposed vacation and any utility that is affected by the proposed vacation.
4. Except as otherwise provided in [subsection] subsections 3 [,] and 11, if any right-of-way or easement required for a public purpose that is owned by a city or a county is proposed to be vacated, the governing body, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, shall, not less than 10 business days before the public hearing described in subsection 5:
(a) Notify each owner of property abutting the proposed abandonment. Such notice must be provided by mail pursuant to a method that provides confirmation of delivery and does not require the signature of the recipient.
(b) Cause a notice to be published at least once in a newspaper of general circulation in the city or county, setting forth the extent of the proposed abandonment and setting a date for public hearing.
5. Except as otherwise provided in [subsection] subsections 6 [,] and 11, if, upon public hearing, the governing body, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, is satisfied that the public will not be materially injured by the proposed vacation, it shall order the street or easement vacated. The governing body, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, may make the order conditional, and the order becomes effective only upon the fulfillment of the conditions prescribed. An applicant or other person aggrieved by the decision of the planning commission, hearing examiner or other designee may appeal the decision in accordance with the ordinance adopted pursuant to NRS 278.3195.
6. In addition to any other applicable requirements set forth in this section, before vacating or abandoning a street, the governing body of the local government having jurisdiction over the street, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, shall provide each public utility and video service provider serving the affected area with written notice that a petition has been filed requesting the vacation or abandonment of the street. After receiving the written notice, the public utility or video service provider, as applicable, shall respond in writing, indicating either that the public utility or video service provider, as applicable, does not require an easement or that the public utility or video service provider, as applicable, wishes to request the reservation of an easement. If a public utility or video service provider indicates in writing that it wishes to request the reservation of an easement, the governing body of the local government having jurisdiction over the street that is proposed to be vacated or abandoned, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, shall reserve and convey an easement in favor of the public utility or video service provider, as applicable, and shall ensure that such easement is recorded in the office of the county recorder [.] before or as a part of the order vacating or abandoning the street.
7. The order must be recorded in the office of the county recorder, if all the conditions of the order have been fulfilled, and upon the recordation, title to the street or easement reverts to the abutting property owners in the approximate proportion that the property was dedicated by the abutting property owners or their predecessors in interest. In the event of a partial vacation of a street where the vacated portion is separated from the property from which it was acquired by the unvacated portion of it, the governing body may sell the vacated portion upon such terms and conditions as it deems desirable and in the best interests of the city or county.
κ2021 Statutes of Nevada, Page 469 (CHAPTER 108, AB 87)κ
vacation of a street where the vacated portion is separated from the property from which it was acquired by the unvacated portion of it, the governing body may sell the vacated portion upon such terms and conditions as it deems desirable and in the best interests of the city or county. If the governing body sells the vacated portion, it shall afford the right of first refusal to each abutting property owner as to that part of the vacated portion which abuts his or her property, but no action may be taken by the governing body to force the owner to purchase that portion and that portion may not be sold to any person other than the owner if the sale would result in a complete loss of access to a street from the abutting property.
8. If the street was acquired by dedication from the abutting property owners or their predecessors in interest, no payment is required for title to the proportionate part of the street reverted to each abutting property owner. If the street was not acquired by dedication, the governing body may make its order conditional upon payment by the abutting property owners for their proportionate part of the street of such consideration as the governing body determines to be reasonable. If the governing body determines that the vacation has a public benefit, it may apply the benefit as an offset against a determination of reasonable consideration which did not take into account the public benefit.
9. If an easement for light and air owned by a city or a county is adjacent to a street vacated pursuant to the provisions of this section, the easement is vacated upon the vacation of the street.
10. In any vacation or abandonment of any street owned by a city or a county, or any portion thereof, the governing body, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, may reserve and except therefrom all easements, rights or interests therein which the governing body, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, deems desirable for the use of the city or county.
11. The governing body may establish by local ordinance a simplified procedure for the vacation or abandonment of an easement owned or controlled by the governing body without conducting a hearing on the vacation or abandonment. Unless the vacation or abandonment of an easement is for a public utility owned or controlled by the governing body [.] , the simplified procedure must:
(a) Require that a petition be filed with the governing body that requests the vacation or abandonment of the easement and contains the notarized signature of each owner of property abutting or underlying the easement;
(b) Prohibit the vacation or abandonment of the easement unless the staff of the city or county determines that:
(1) The easement has been superseded by relocation or is no longer needed by the city or county; and
(2) The vacation or abandonment will not substantially, unduly or unreasonably impair the access of any owner of property;
(c) Authorize any applicant or other person aggrieved by a decision on whether to approve the vacation or abandonment of the easement to appeal the decision to the governing body; and
κ2021 Statutes of Nevada, Page 470 (CHAPTER 108, AB 87)κ
(d) Provide that if the vacation or abandonment of the easement is approved, the vacation or abandonment is not effective until the order of approval is recorded in the office of the county recorder.
Κ A simplified procedure established pursuant to this subsection must not apply to the vacation or abandonment of any street, drainage easement, sidewalk or other pedestrian right of way.
12. The governing body may establish by local ordinance a simplified procedure for the vacation or abandonment of a street for the purpose of conforming the legal description of real property to a recorded map or survey of the area in which the real property is located. Any such simplified procedure must include, without limitation, the requirements set forth in subsection 6.
13. As used in this section:
(a) Government patent easement means an easement for a public purpose owned by the governing body over land which was conveyed by a patent.
(b) Public utility has the meaning ascribed to it in NRS 360.815.
(c) Video service provider has the meaning ascribed to it in NRS 711.151.
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Assembly Bill No. 89Assemblymen Titus and Watts
CHAPTER 109
[Approved: May 27, 2021]
AN ACT relating to wildlife; authorizing the Board of Wildlife Commissioners to establish a program which authorizes a person to transfer his or her tag to hunt a big game mammal to a qualified organization for use by certain persons; authorizing, under certain circumstances, a family member of a deceased big game hunter to transfer a tag to hunt a big game mammal; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires, with certain exceptions, a person who hunts or fishes any wildlife in this State to obtain a license for such activities and, if he or she wishes to hunt certain designated big game mammals, to obtain an additional license, known as a tag, to do so. (NRS 502.010, 502.130) Any such tag is not transferrable unless the person to whom the tag was issued can demonstrate, in accordance with regulations adopted by the Board of Wildlife Commissioners, the existence of an extenuating circumstance which causes the person to be unable to use the tag. (NRS 502.100, 502.103)
Section 4.5 of this bill provides that the death of a big game hunter is an extenuating circumstance and authorizes the Commission to establish a process by which a family member of the deceased big game hunter may transfer the tag of the deceased big game hunter to another person.
Section 1 of this bill authorizes the Commission to adopt regulations establishing a program that allows a person to transfer his or her tag to hunt a big game mammal to an eligible qualified organization for use by a person who: (1) has a disability or life-threatening medical condition; or (2) is 16 years of age or younger and is otherwise eligible to hunt in this State.
κ2021 Statutes of Nevada, Page 471 (CHAPTER 109, AB 89)κ
life-threatening medical condition; or (2) is 16 years of age or younger and is otherwise eligible to hunt in this State. Any regulations adopted by the Commission are required to include provisions setting forth how a qualified organization may apply for eligibility to participate in such a program. Section 4 of this bill makes conforming changes to provide that the transfer of a tag under this program is an exception to the general prohibition on the transfer of tags.
Existing law prohibits a child under the age of 12 from hunting big game mammal in this State and provides that an apprentice hunting license issued to a person 12 years of age or older does not authorize the person to hunt any animal for which a tag is required. (NRS 502.010, 502.066) Sections 2 and 3 of this bill provide that a person under 16 years of age who participates in a program established by the Commission pursuant to section 1 may hunt a big game mammal for which a tag is required.
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 502 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Commission may adopt regulations establishing a program which authorizes a person to transfer his or her tag to hunt a big game mammal to an eligible qualified organization for use by a person who:
(a) Has a disability or life-threatening medical condition; or
(b) Is 16 years of age or younger and who is otherwise eligible to hunt in this State.
2. Any regulations adopted pursuant to subsection 1 must include, without limitation, provisions setting forth the manner in which a qualified organization may apply for eligibility to participate in the program and allow a person to use a tag to hunt a big game mammal pursuant to subsection 1.
3. As used in this section:
(a) Disability means a permanent physical impairment that substantially limits one or more major life activities and requires the assistance of another person or a mechanical device for physical mobility.
(b) Qualified organization means a nonprofit organization that demonstrates to the Commission in its application to participate in the program established pursuant to subsection 1 that it is recognized as exempt under section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3) and:
(1) Provides opportunities to engage in various experiences to a person, regardless of age, who has a disability or life-threatening medical condition; or
(2) Provides opportunities to engage in various experiences to a person who is 16 years of age or younger, with a preference for a person:
(I) With a disability or life-threatening medical condition; or
(II) Whose household income is not more than 150 percent of the federally designated level signifying poverty.
κ2021 Statutes of Nevada, Page 472 (CHAPTER 109, AB 89)κ
Sec. 2. NRS 502.010 is hereby amended to read as follows:
502.010 1. A person who hunts or fishes any wildlife without having first procured a license or permit to do so, as provided in this title, is guilty of a misdemeanor, except that:
(a) A license to hunt or fish is not required of a resident of this State who is under 12 years of age, unless required for the issuance of tags as prescribed in this title or by the regulations of the Commission.
(b) A license to fish is not required of a nonresident of this State who is under 12 years of age, but the number of fish taken by the nonresident must not exceed 50 percent of the daily creel and possession limits as provided by law.
(c) Except as otherwise provided in subsection 6 or 7 of NRS 202.300 and NRS 502.066, it is unlawful for any child who is under 18 years of age to hunt any wildlife with any firearm, unless the child is accompanied at all times by the childs parent or guardian or is accompanied at all times by an adult person authorized by the childs parent or guardian to have control or custody of the child to hunt if the authorized person is also licensed to hunt.
(d) A child under 12 years of age, whether accompanied by a qualified person or not, shall not hunt big game in the State of Nevada [.] unless he or she participates in a program established pursuant to section 1 of this act. This section does not prohibit any child from accompanying an adult licensed to hunt.
(e) The Commission may adopt regulations setting forth:
(1) The species of wildlife which may be hunted or trapped without a license or permit; or
(2) The circumstances under which a person may fish without a license, permit or stamp in a lake or pond that is located entirely on private property and is stocked with lawfully acquired fish.
(f) The Commission may declare 1 day per year as a day upon which persons may fish without a license to do so.
2. This section does not apply to the protection of persons or property from unprotected wildlife on or in the immediate vicinity of home or ranch premises.
Sec. 3. NRS 502.066 is hereby amended to read as follows:
502.066 1. The Department shall issue an apprentice hunting license to a person who:
(a) Is 12 years of age or older;
(b) Has not previously been issued a hunting license by the Department, another state, an agency of a Canadian province or an agency of any other foreign country, including, without limitation, an apprentice hunting license; and
(c) Except as otherwise provided in subsection 5, is otherwise qualified to obtain a hunting license in this State.
2. The Department shall charge and collect a fee in the amount of $15 for the issuance of an apprentice hunting license.
3. An apprentice hunting license authorizes the apprentice hunter to hunt in this State as provided in this section.
4. It is unlawful for an apprentice hunter to hunt in this State unless a mentor hunter accompanies and directly supervises the apprentice hunter at all times during a hunt. During the hunt, the mentor hunter shall ensure that:
κ2021 Statutes of Nevada, Page 473 (CHAPTER 109, AB 89)κ
(a) The apprentice hunter safely handles and operates the firearm or weapon used by the apprentice hunter; and
(b) The apprentice hunter complies with all applicable laws and regulations concerning hunting and the use of firearms.
5. A person is not required to complete a course of instruction in the responsibilities of hunters as provided in NRS 502.340 to obtain an apprentice hunting license.
6. The issuance of an apprentice hunting license does not:
(a) Authorize the apprentice hunter to obtain any other hunting license;
(b) Authorize the apprentice hunter to hunt any animal for which a tag is required pursuant to NRS 502.130 [;] unless he or she participates in a program established pursuant to section 1 of this act; or
(c) Exempt the apprentice hunter from any requirement of this title.
7. The Commission may adopt regulations to carry out the provisions of this section.
8. As used in this section:
(a) Accompanies and directly supervises means maintains close visual and verbal contact with, provides adequate direction to and maintains the ability readily to assume control of any firearm or weapon from an apprentice hunter.
(b) Apprentice hunter means a person who obtains an apprentice hunting license pursuant to this section.
(c) Mentor hunter means a person 18 years of age or older who holds a hunting license issued in this State and who accompanies and directly supervises an apprentice hunter. The term does not include a person who holds an apprentice hunting license pursuant to this section.
Sec. 4. NRS 502.100 is hereby amended to read as follows:
502.100 Except as otherwise provided in NRS 502.103 [:] and section 1 of this act:
1. No license provided by this title shall be transferable or used by any person other than the person to whom it was issued.
2. Every person lawfully having such licenses who transfers or disposes of the same to another person to be used as a hunting, trapping or fishing license shall forfeit the same.
Sec. 4.5. NRS 502.103 is hereby amended to read as follows:
502.103 1. The Commission may adopt regulations establishing:
(a) Conditions or events which are extenuating circumstances;
(b) A process through which a big game hunter who claims an extenuating circumstance may provide documentation to the Department which shows that his or her condition or event qualifies as an extenuating circumstance; [and]
(c) A program through which a big game hunter who has proven that he or she qualifies for an extenuating circumstance pursuant to paragraph (b) may:
(1) Transfer his or her tag to another person who is otherwise eligible to hunt a big game mammal in this State;
(2) Defer his or her use of the tag to the next applicable open season; or
κ2021 Statutes of Nevada, Page 474 (CHAPTER 109, AB 89)κ
(3) Return his or her tag to the Department for restoration by the Department of any bonus points that he or she used to obtain the tag that is being returned [.] ; and
(d) A process through which a family member of a deceased big game hunter may provide documentation to the Department of the death of the big game hunter and transfer the tag of the deceased big game hunter to another person who is otherwise eligible to hunt a big game mammal in this State.
2. If a big game hunter transfers his or her tag to another person pursuant to subparagraph (1) of paragraph (c) of subsection 1, the big game hunter may not charge a fee or receive any compensation for such a transfer.
3. As used in this section:
(a) Big game hunter means a person who holds a tag.
(b) Extenuating circumstance means any injury, illness or other condition or event, as determined by the Commission, of a big game hunter or a family member of a big game hunter that causes the big game hunter to be unable to use his or her tag. The term includes, without limitation, the death of the big game hunter.
(c) Family member means:
(1) A spouse of the big game hunter;
(2) A person who is related to the big game hunter within the first degree of consanguinity; or
(3) A stepchild of the big game hunter.
(d) Tag means a tag to hunt a big game mammal in this State.
Sec. 5. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 4.5, inclusive, of this act become effective:
(a) Upon passage and approval for purposes of adopting regulations and 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.
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κ2021 Statutes of Nevada, Page 475κ
Assembly Bill No. 91Assemblywoman Benitez-Thompson
CHAPTER 110
[Approved: May 27, 2021]
AN ACT relating to nursing; revising provisions relating to the membership of the State Board of Nursing; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the State Board of Nursing, consisting of seven members appointed by the Governor, and confers authority upon the Board to regulate and enforce the practice of nursing in this State. (NRS 632.005, 632.020, 632.030, 632.120) Under existing law, three of the seven members of the Board are required to be registered nurses. (NRS 632.030) This bill requires: (1) at least one of the members who are registered nurses to be an advanced practice registered nurse; and (2) the member representing the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care to be a registered nurse.
With certain exceptions, existing law imposes a limitation of 12 years on the terms of service of members on certain regulatory boards, including the State Board of Nursing. (NRS 622.207) This bill removes the limitation on the number of consecutive terms that a member of the State Board of Nursing may serve in existing law, and therefore such a member is only subject to the 12-year term limitation. (NRS 632.030)
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 632.030 is hereby amended to read as follows:
632.030 1. The Governor shall appoint:
(a) [Three] Two registered nurses who are graduates of an accredited school of nursing, are licensed as professional nurses in the State of Nevada and have been actively engaged in nursing for at least 5 years preceding the appointment.
(b) One advanced practice registered nurse who is licensed pursuant to NRS 632.237.
(c) One practical nurse who is a graduate of an accredited school of practical nursing, is licensed as a practical nurse in this State and has been actively engaged in nursing for at least 5 years preceding the appointment.
[(c)] (d) One nursing assistant who is certified pursuant to the provisions of this chapter.
[(d)] (e) One [member] registered nurse who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care [. This member may be] and who is licensed under the provisions of this chapter.
[(e)] (f) One member who is a representative of the general public. This member must not be:
(1) A licensed practical nurse, a registered nurse, a nursing assistant or an advanced practice registered nurse; or
κ2021 Statutes of Nevada, Page 476 (CHAPTER 110, AB 91)κ
(2) The spouse or the parent or child, by blood, marriage or adoption, of a licensed practical nurse, a registered nurse, a nursing assistant or an advanced practice registered nurse.
2. Each member of the Board must be:
(a) A citizen of the United States; and
(b) A resident of the State of Nevada who has resided in this State for not less than 2 years.
3. A representative of the general public may not:
(a) Have a fiduciary obligation to a hospital or other health agency;
(b) Have a material financial interest in the rendering of health services; or
(c) Be employed in the administration of health activities or the performance of health services.
4. The members appointed to the Board pursuant to paragraphs (a) , (b) and [(b)] (c) of subsection 1 must be selected to provide the broadest representation of the various activities, responsibilities and types of service within the practice of nursing and related areas, which may include, without limitation, experience:
(a) In administration.
(b) In education.
(c) [As an advanced practice registered nurse.
(d)] In an agency or clinic whose primary purpose is to provide medical assistance to persons of low and moderate incomes.
[(e)] (d) In a licensed medical facility.
5. Each member of the Board shall serve a term of 4 years. If a vacancy occurs during a members term, the Governor shall appoint a person qualified under this chapter to replace that member for the remainder of the unexpired term.
[6. No member of the Board may serve more than two consecutive terms. For the purposes of this subsection, service of 2 or more years in filling an unexpired term constitutes a term.]
Sec. 2. The amendatory provisions of section 1 of this act do not affect the current term of appointment of any person who, on September 30, 2021, is a member of the State Board of Nursing, and each such member continues to serve until the expiration of his or her term or until the member vacates his or her office, whichever occurs first. On and after October 1, 2021, the Governor shall make appointments to the State Board of Nursing in accordance with NRS 632.030, as amended by section 1 of this act.
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κ2021 Statutes of Nevada, Page 477κ
Assembly Bill No. 95Committee on Legislative Operations and Elections
CHAPTER 111
[Approved: May 27, 2021]
AN ACT relating to public lands; revising the membership of the Legislative Committee on Public Lands; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Legislative Committee on Public Lands consisting of four members of the Senate, four members of the Assembly, and one elected officer representing the governing body of a local political subdivision. (NRS 218E.510) Section 1 of this bill adds one member to the Committee who represents tribal governments and who is recommended by the Inter-Tribal Council of Nevada, Inc., or its successor organization and appointed by the Legislative Commission. Section 2 of this bill provides, to the extent of legislative appropriation, that the member who represents tribal governments is entitled to the per diem allowance and travel expenses while engaged in the business of the Committee.
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 218E.510 is hereby amended to read as follows:
218E.510 1. There is hereby established a Legislative Committee on Public Lands consisting of [four] :
(a) Four members of the Senate [, four] ;
(b) Four members of the Assembly [and one] ;
(c) One elected officer representing the governing body of a local political subdivision, appointed by the Legislative Commission with appropriate regard for his or her experience with and knowledge of matters relating to public lands [.] ; and
(d) One member representing tribal governments in Nevada who is recommended by the Inter-Tribal Council of Nevada, Inc., or its successor organization, and appointed by the Legislative Commission with appropriate regard for their experience with and knowledge of matters relating to public lands;
2. The members who are Legislators must be appointed to provide representation from the various geographical regions of the State.
[2.] 3. The Legislative Commission shall review and approve the budget and work program for the Committee and any changes to the budget or work program.
[3.] 4. The members of the Committee shall select a Chair from one House and a Vice Chair from the other House. Each Chair and Vice Chair holds office for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the office of Chair or Vice Chair, the members of the Committee shall select a replacement for the remainder of the unexpired term.
κ2021 Statutes of Nevada, Page 478 (CHAPTER 111, AB 95)κ
[4.] 5. Any member of the Committee described in paragraph (a), (b) or (c) of subsection 1 who is not a candidate for reelection or who is defeated for reelection continues to serve after the general election until the next regular or special session convenes.
[5.] 6. Vacancies on the Committee must be filled in the same manner as original appointments.
[6.] 7. The Legislative Commission may appoint alternates for members of the Committee. The Chair of the Committee:
(a) May designate an alternate appointed by the Legislative Commission to serve in place of a regular member who is unable to attend a meeting; and
(b) Shall , for a member who is a legislator, appoint an alternate who is a member of the same House and political party as the regular member to serve in place of the regular member if one is available.
Sec. 2. NRS 218E.515 is hereby amended to read as follows:
218E.515 1. Except as otherwise ordered by the Legislative Commission, the members of the Committee shall meet not earlier than September 1 of each odd-numbered year and not later than August 31 of the following even-numbered year at the times and places specified by a call of the Chair or a majority of the Committee.
2. The Research Director or the Research Directors designee shall act as the nonvoting recording Secretary.
3. The Committee shall prescribe rules for its own management and government.
4. [Five] A majority of the members of the Committee constitute a quorum, and a quorum may exercise all the power and authority conferred on the Committee.
5. Except during a regular or special session, for each day or portion of a day during which members of the Committee who are Legislators attend a meeting of the Committee or are otherwise engaged in the business of the Committee, the members are entitled to receive:
(a) The compensation provided for a majority of the Legislators during the first 60 days of the preceding regular session;
(b) The per diem allowance provided for state officers and employees generally; and
(c) The travel expenses provided pursuant to NRS 218A.655.
6. All such compensation, per diem allowances and travel expenses of the members of the Committee who are legislators must be paid from the Legislative Fund.
7. The member of the Committee who represents a local political subdivision is entitled to receive the subsistence allowances and travel expenses provided by law for his or her position for each day of attendance at a meeting of the Committee and while engaged in the business of the Committee, to be paid by the local political subdivision.
8. While engaged in the business of the Committee, to the extent of legislative appropriation, the member of the Committee who represents tribal governments is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
Sec. 3. This act becomes effective on July 1, 2021.
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