[Rev. 9/10/2021 11:30:32 AM]
κ2021 Statutes of Nevada, Page 633κ
Senate Bill No. 36Committee on Education
CHAPTER 146
[Approved: May 27, 2021]
AN ACT relating to education; changing the name of a development committee for a school district or charter school that develops a plan for responding to a crisis, emergency or suicide to an emergency operations plan development committee; requiring an emergency operations plan development committee to include at least one representative of the county or district board of health; requiring certain plans developed for use by schools in responding to crisis, emergency or suicide to be used in response to all hazards; requiring the Department of Education to include information regarding an epidemic in its model plan for the management of crises, emergencies and suicides; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the board of trustees of each school district and the governing body of each charter school and private school to establish a development committee to develop a plan to be used by the schools in the district or the charter school or private school in responding to a crisis, emergency or suicide. (NRS 388.241, 394.1685) Sections 1-6, 8, 9 and 11-19 of this bill change the name of such a committee to an emergency operations plan development committee. Section 2 of this bill requires at least one member of such an emergency operations plan development committee be a representative of the county or district board of health and requires the plan to be used for responding to all hazards. Section 2 prohibits the member of an emergency operations plan development committee who is a parent or legal guardian of a pupil at the school from being an employee of the school district or charter school. Section 12 of this bill similarly requires a plan developed for a private school to be used for responding to all hazards.
Existing law requires: (1) a development committee to, at least once each year, review and update as appropriate the plan; and (2) the board of trustees of a school district or the governing body of a charter school to post a notice of the completed review or update at each school in its school district or at its charter school. (NRS 388.245) Section 4 of this bill requires the notice to instead be posted on the Internet website maintained by the school district or charter school and each school. Section 14 of this bill provides the same requirement for private schools. Existing law requires a school committee to, at least once each year, review the plan developed by a development committee and consult with certain local emergency management and social services agencies. (NRS 388.249) Section 5 of this bill removes the requirement to consult with such organizations and requires an emergency operations plan development committee to post a notice of completion of such a review on the Internet website maintained by the school. Section 15 of this bill makes a similar change for private schools.
Existing law requires the Department of Education to develop a model plan for the management of a suicide or a crisis or emergency that involves a public or private school and requires immediate action. (NRS 388.253, 394.1687) Section 7 of this bill requires the Department to include specific information relating to an epidemic in the model plan.
Existing law provides that the Open Meeting Law does not apply to certain meetings. (NRS 388.261) Section 9 of this bill provides that the Open Meeting Law does not apply to meetings of the board of trustees of a school district or the governing body of a charter school concerning emergency response plans. Existing law requires the principal of each charter school to designate an employee to serve as the school safety specialist for the charter school.
κ2021 Statutes of Nevada, Page 634 (CHAPTER 146, SB 36)κ
the school safety specialist for the charter school. (NRS 388.910) Section 10 of this bill requires instead that the governing body of the charter school designate a school safety specialist. Existing law requires the school safety specialist to provide employees of certain public safety agencies with a tour of each school in the school district or the charter school at least once every 3 years. (NRS 388.910) Section 10 instead requires the school safety specialist to provide such employees with an opportunity to become familiar with each blueprint of such a school at least once every 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 388.232 is hereby amended to read as follows:
388.232 [Development] Emergency operations plan development committee means a committee established pursuant to NRS 388.241.
Sec. 2. NRS 388.241 is hereby amended to read as follows:
388.241 1. The board of trustees of each school district shall establish [a] an emergency operations plan development committee to develop one plan, which constitutes the minimum requirements of a plan, to be used by all the public schools other than the charter schools in the school district in responding to a crisis, emergency or suicide [.] and all other hazards. The governing body of each charter school shall establish [a] an emergency operations plan development committee to develop a plan, which constitutes the minimum requirements of a plan, to be used by the charter school in responding to a crisis, emergency or suicide [.] and all other hazards.
2. The membership of [a] an emergency operations plan development committee must consist of:
(a) At least one member of the board of trustees or of the governing body that established the committee;
(b) At least one administrator of a school in the school district or of the charter school;
(c) At least one licensed teacher of a school in the school district or of the charter school;
(d) At least one employee of a school in the school district or of the charter school who is not a licensed teacher and who is not responsible for the administration of the school;
(e) At least one parent or legal guardian of a pupil who is enrolled in a school in the school district or in the charter school [;] and who is not an employee of the school district or charter school;
(f) At least one representative of a local law enforcement agency in the county in which the school district or charter school is located;
(g) At least one school police officer, including, without limitation, a chief of school police of the school district if the school district has school police officers;
(h) At least one representative of a state or local organization for emergency management; [and]
(i) At least one representative of the county or district board of health in the county in which the school district or charter school is located, designated by the county or district board of health; and
(j) At least one mental health professional, including, without limitation:
κ2021 Statutes of Nevada, Page 635 (CHAPTER 146, SB 36)κ
(1) A counselor of a school in the school district or of the charter school;
(2) A psychologist of a school in the school district or of the charter school; or
(3) A licensed social worker of a school in the school district or of the charter school.
3. The membership of [a] an emergency operations plan development committee may also include any other person whom the board of trustees or the governing body deems appropriate, including, without limitation:
(a) A pupil in grade 10 or higher of a school in the school district or a pupil in grade 10 or higher of the charter school if a school in the school district or the charter school includes grade 10 or higher; and
(b) An attorney or judge who resides or works in the county in which the school district or charter school is located.
4. The board of trustees of each school district and the governing body of each charter school shall determine the term of each member of the emergency operations plan development committee that it establishes. Each emergency operations plan development committee may adopt rules for its own management and government.
Sec. 3. NRS 388.243 is hereby amended to read as follows:
388.243 1. Each emergency operations plan development committee established by the board of trustees of a school district shall develop one plan, which constitutes the minimum requirements of a plan, to be used by all the public schools other than the charter schools in the school district in responding to a crisis, emergency or suicide [.] and all other hazards. Each emergency operations plan development committee established by the governing body of a charter school shall develop a plan, which constitutes the minimum requirements of a plan, to be used by the charter school in responding to a crisis, emergency or suicide [.] and all other hazards. Each emergency operations plan development committee shall, when developing the plan:
(a) Consult with local social service agencies and local public safety agencies in the county in which its school district or charter school is located.
(b) If the school district has an emergency manager designated pursuant to NRS 388.262, consult with the emergency manager.
(c) If the school district has school resource officers, consult with the school resource officer or a person designated by him or her.
(d) If the school district has school police officers, consult with the chief of school police of the school district or a person designated by him or her.
(e) Consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Department of Public Safety or his or her designee.
(f) Consult with the State Fire Marshal or his or her designee and a representative of a local government responsible for enforcement of the ordinances, codes or other regulations governing fire safety.
(g) Determine which persons and organizations in the community, including, without limitation, a provider of mental health services which is operated by a state or local agency, that could be made available to assist pupils and staff in recovering from a crisis, emergency or suicide.
2. The plan developed pursuant to subsection 1 must include, without limitation:
κ2021 Statutes of Nevada, Page 636 (CHAPTER 146, SB 36)κ
(a) The plans, procedures and information included in the model plan developed by the Department pursuant to NRS 388.253;
(b) A procedure for responding to a crisis or an emergency and for responding during the period after a crisis or an emergency has concluded, including, without limitation, a crisis or an emergency that results in immediate physical harm to a pupil or employee of a school in the school district or the charter school;
(c) A procedure for enforcing discipline within a school in the school district or the charter school and for obtaining and maintaining a safe and orderly environment during a crisis or an emergency;
(d) The names of persons and organizations in the community, including, without limitation, a provider of mental health services which is operated by a state or local agency, that are available to provide counseling and other services to pupils and staff of the school to assist them in recovering from a crisis, emergency or suicide;
(e) A plan for making the persons and organizations described in paragraph (d) available to pupils and staff after a crisis, emergency or suicide;
(f) A procedure for responding to a crisis or an emergency that occurs during an extracurricular activity which takes place on school grounds;
(g) A plan which includes strategies to assist pupils and staff at a school in recovering from a suicide; and
(h) A description of the organizational structure which ensures there is a clearly defined hierarchy of authority and responsibility used by the school for the purpose of responding to a crisis, emergency or suicide.
3. Each emergency operations plan development committee shall provide for review a copy of the plan that it develops pursuant to this section to the board of trustees of the school district that established the committee or the governing body of the charter school that established the committee.
4. The board of trustees of the school district that established the committee or the governing body of the charter school that established the committee shall submit for [approval] review to the Division of Emergency Management of the Department of Public Safety the plan developed pursuant to this section.
5. Except as otherwise provided in NRS 388.249 and 388.251, each public school must comply with the plan developed for it pursuant to this section.
Sec. 4. NRS 388.245 is hereby amended to read as follows:
388.245 1. Each emergency operations plan development committee shall, at least once each year, review and update as appropriate the plan that it developed pursuant to NRS 388.243. In reviewing and updating the plan, the emergency operations plan development committee shall consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Department of Public Safety or his or her designee.
2. Each emergency operations plan development committee shall provide an updated copy of the plan to the board of trustees of the school district that established the committee or the governing body of the charter school that established the committee.
3. On or before July 1 of each year, the board of trustees of the school district that established the committee or the governing body of the charter school that established the committee shall submit for [approval] review to the Division of Emergency Management of the Department of Public Safety the plan updated pursuant to subsection 1.
κ2021 Statutes of Nevada, Page 637 (CHAPTER 146, SB 36)κ
school that established the committee shall submit for [approval] review to the Division of Emergency Management of the Department of Public Safety the plan updated pursuant to subsection 1.
4. The board of trustees of each school district and the governing body of each charter school shall:
(a) Post a notice of the completion of each review and update that its emergency operations plan development committee performs pursuant to subsection 1 [at] on the Internet website maintained by the school district or governing body and by each school in [its] the school district or [at its] by the charter school [;] , as applicable;
(b) File with the Department a copy of the notice [provided] posted pursuant to paragraph (a);
(c) Post a [copy of] link to NRS 388.229 to 388.266, inclusive, [at] on the Internet website maintained by each school in its school district or [at its] by the charter school;
(d) Retain a copy of each plan developed pursuant to NRS 388.243, each plan updated pursuant to subsection 1 and each deviation approved pursuant to NRS 388.251;
(e) Provide a copy of each plan developed pursuant to NRS 388.243 and each plan updated pursuant to subsection 1 to:
(1) Each local public safety agency in the county in which the school district or charter school is located; and
(2) The local organization for emergency management, if any;
(f) Upon request, provide a copy of each plan developed pursuant to NRS 388.243 and each plan updated pursuant to subsection 1 to a local agency that is included in the plan and to an employee of a school who is included in the plan;
(g) Provide a copy of each deviation approved pursuant to NRS 388.251 as soon as practicable to:
(1) The Department;
(2) A local public safety agency in the county in which the school district or charter school is located;
(3) The Division of Emergency Management of the Department of Public Safety;
(4) The local organization for emergency management, if any;
(5) A local agency that is included in the plan; and
(6) An employee of a school who is included in the plan; and
(h) At least once each year, provide training in responding to a crisis and training in responding to an emergency to each employee of the school district or of the charter school, including, without limitation, training concerning drills for evacuating and securing schools.
5. The board of trustees of each school district and the governing body of each charter school may apply for and accept gifts, grants and contributions from any public or private source to carry out the provisions of NRS 388.229 to 388.266, inclusive.
Sec. 5. NRS 388.249 is hereby amended to read as follows:
388.249 1. Each school committee shall, at least once each year, review the plan developed pursuant to NRS 388.243 and determine whether the school should deviate from the plan.
2. Each school committee shall, when reviewing the plan [:
(a) Consult with the local social service agencies and law enforcement agencies in the county, city or town in which its school is located.
κ2021 Statutes of Nevada, Page 638 (CHAPTER 146, SB 36)κ
(b) Consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Department of Public Safety or his or her designee.
(c) Consider] , consider the specific needs and characteristics of the school, including, without limitation, the length of time for law enforcement to respond to the school and for a fire-fighting agency to respond to a fire, explosion or other similar emergency.
3. If a school committee determines that the school should deviate from the plan, the school committee shall notify the emergency operations plan development committee that developed the plan, describe the proposed deviation and explain the reason for the proposed deviation. The school may deviate from the plan only if the deviation is approved by the emergency operations plan development committee pursuant to NRS 388.251.
4. Each public school shall post [at the school] on the Internet website maintained by the school a notice of the completion of each review that the school committee performs pursuant to this section.
Sec. 6. NRS 388.251 is hereby amended to read as follows:
388.251 1. [A] An emergency operations plan development committee that receives a proposed deviation from a school committee pursuant to NRS 388.249 shall, within 60 days after it receives the proposed deviation:
(a) Review the proposed deviation and any information submitted with the proposed deviation; and
(b) Notify the school committee that submitted the proposed deviation whether the proposed deviation has been approved.
2. [A] An emergency operations plan development committee shall provide a copy of each deviation that it approves pursuant to this section to the board of trustees of the school district that established the committee or to the governing body of the charter school that established the committee.
Sec. 7. NRS 388.253 is hereby amended to read as follows:
388.253 1. The Department shall, with assistance from other state agencies, including, without limitation, the Division of Emergency Management, the Investigation Division, and the Nevada Highway Patrol Division of the Department of Public Safety, develop a model plan for the management of:
(a) A suicide; [or]
(b) A crisis or emergency that involves a public school or a private school and that requires immediate action [.] ; and
(c) All other hazards.
2. The model plan must include, without limitation, a procedure for:
(a) In response to a crisis or emergency:
(1) Coordinating the resources of local, state and federal agencies, officers and employees, as appropriate;
(2) Accounting for all persons within a school;
(3) Assisting persons within a school in a school district, a charter school or a private school to communicate with each other;
(4) Assisting persons within a school in a school district, a charter school or a private school to communicate with persons located outside the school, including, without limitation, relatives of pupils and relatives of employees of such a school, the news media and persons from local, state or federal agencies that are responding to a crisis or an emergency;
(5) Assisting pupils of a school in the school district, a charter school or a private school, employees of such a school and relatives of such pupils and employees to move safely within and away from the school, including, without limitation, a procedure for evacuating the school and a procedure for securing the school;
κ2021 Statutes of Nevada, Page 639 (CHAPTER 146, SB 36)κ
and employees to move safely within and away from the school, including, without limitation, a procedure for evacuating the school and a procedure for securing the school;
(6) Reunifying a pupil with his or her parent or legal guardian;
(7) Providing any necessary medical assistance;
(8) Recovering from a crisis or emergency;
(9) Carrying out a lockdown at a school;
(10) Providing shelter in specific areas of a school; and
(11) Providing disaster behavioral health related to a crisis, emergency or suicide;
(b) Providing specific information relating to managing a crisis or emergency that is a result of:
(1) An incident involving hazardous materials;
(2) An incident involving mass casualties;
(3) An incident involving an active shooter;
(4) An incident involving a fire, explosion or other similar situation;
(5) An outbreak of disease [;] , including, without limitation, an epidemic;
(6) Any threat or hazard identified in the hazard mitigation plan of the county in which the school district is located, if such a plan exists; or
(7) Any other situation, threat or hazard deemed appropriate;
(c) Providing pupils and staff at a school that has experienced a crisis or emergency with access to counseling and other resources to assist in recovering from the crisis or emergency;
(d) Evacuating pupils and employees of a charter school to a designated space within an identified public middle school, junior high school or high school in a school district that is separate from the general population of the school and large enough to accommodate the charter school, and such a space may include, without limitation, a gymnasium or multipurpose room of the public school;
(e) Selecting an assessment tool which assists in responding to a threat against the school by a pupil or pupils;
(f) On an annual basis, providing drills to instruct pupils in the appropriate procedures to be followed in response to a crisis or an emergency. Such drills must occur:
(1) At different times during normal school hours; and
(2) In cooperation with other state agencies, pursuant to this section.
(g) Responding to a suicide or attempted suicide to mitigate the effects of the suicide or attempted suicide on pupils and staff at the school, including, without limitation, by making counseling and other appropriate resources to assist in recovering from the suicide or attempted suicide available to pupils and staff;
(h) Providing counseling and other appropriate resources to pupils and school staff who have contemplated or attempted suicide;
(i) Outreach to persons and organizations located in the community in which a school that has had a suicide by a pupil, including, without limitation, religious and other nonprofit organizations, that may be able to assist with the response to the suicide;
(j) Addressing the needs of pupils at a school that has experienced a crisis, emergency or suicide who are at a high risk of suicide, including, without limitation, pupils who are members of the groups described in subsection 3 of NRS 388.256; and
κ2021 Statutes of Nevada, Page 640 (CHAPTER 146, SB 36)κ
(k) Responding to a pupil who is determined to be a person in mental health crisis, as defined in NRS 433A.0175, including, without limitation:
(1) Utilizing mobile mental health crisis response units, where available, before transporting the pupil to a public or private mental health facility pursuant to subparagraph (2); and
(2) Transporting the pupil to a public or private mental health facility or hospital for admission pursuant to NRS 433A.150.
3. In developing the model plan, the Department shall consider the plans developed pursuant to NRS 388.243 and 394.1687 and updated pursuant to NRS 388.245 and 394.1688.
4. The Department shall require a school district to ensure that each public school in the school district identified pursuant to paragraph (d) of subsection 2 is prepared to allow a charter school to evacuate to the school when necessary in accordance with the procedure included in the model plan developed pursuant to subsection 1. A charter school shall hold harmless, indemnify and defend the school district to which it evacuates during a crisis or an emergency against any claim or liability arising from an act or omission by the school district or an employee or officer of the school district.
5. The Department may disseminate to any appropriate local, state or federal agency, officer or employee, as the Department determines is necessary:
(a) The model plan developed by the Department pursuant to subsection 1;
(b) A plan developed pursuant to NRS 388.243 or updated pursuant to NRS 388.245;
(c) A plan developed pursuant to NRS 394.1687 or updated pursuant to NRS 394.1688; and
(d) A deviation approved pursuant to NRS 388.251 or 394.1692.
6. The Department shall, at least once each year, review and update as appropriate the model plan developed pursuant to subsection 1.
Sec. 8. NRS 388.259 is hereby amended to read as follows:
388.259 A plan developed or approved pursuant to NRS 388.243 or updated or approved pursuant to NRS 388.245, a deviation and any information submitted to [a] an emergency operations plan development committee pursuant to NRS 388.249, a deviation approved pursuant to NRS 388.251 and the model plan developed pursuant to NRS 388.253 are confidential and, except as otherwise provided in NRS 239.0115, 388.229 to 388.266, inclusive, and 393.045 must not be disclosed to any person or government, governmental agency or political subdivision of a government.
Sec. 9. NRS 388.261 is hereby amended to read as follows:
388.261 The provisions of chapter 241 of NRS do not apply to a meeting of:
1. [A] An emergency operations plan development committee;
2. A school committee;
3. The board of trustees of a school district or governing body of a charter school if the meeting concerns the review of a plan submitted pursuant to subsection 3 of NRS 388.243 or a summary presented or provided pursuant to paragraph (e) or (i) of subsection 2 of NRS 388.910;
4. The State Board if the meeting concerns a regulation adopted pursuant to NRS 388.255;
[4.] 5. The Department of Education if the meeting concerns the model plan developed pursuant to NRS 388.253; or
κ2021 Statutes of Nevada, Page 641 (CHAPTER 146, SB 36)κ
[5.] 6. The Division of Emergency Management of the Department of Public Safety if the meeting concerns the [approval] review of a plan developed pursuant to NRS 388.243 or the [approval] review of a plan updated pursuant to NRS 388.245.
Sec. 10. NRS 388.910 is hereby amended to read as follows:
388.910 1. The superintendent of schools of each school district shall designate an employee at the district level to serve as the school safety specialist for the district. The [principal] governing body of each charter school shall designate an employee to serve as the school safety specialist for the charter school. Not later than 1 year after being designated pursuant to this subsection, a school safety specialist shall complete the training provided by the Office for a Safe and Respectful Learning Environment pursuant to NRS 388.1323.
2. A school safety specialist shall:
(a) Review policies and procedures of the school district or charter school, as applicable, that relate to school safety to determine whether those policies and procedures comply with state laws and regulations;
(b) Ensure that each school employee who interacts directly with pupils as part of his or her job duties receives information concerning mental health services available in the school district or charter school, as applicable, and persons to contact if a pupil needs such services;
(c) Ensure the provision to school employees and pupils of appropriate training concerning:
(1) Mental health;
(2) Emergency procedures, including, without limitation, the plan developed pursuant to NRS 388.243; and
(3) Other matters relating to school safety and security;
(d) Annually conduct a school security risk assessment and submit the school security risk assessment to the Office for a Safe and Respectful Learning Environment for review pursuant to NRS 388.1323;
(e) Present a summary of the school security risk assessment conducted pursuant to paragraph (d) and any recommendations to improve school safety and security based on the assessment at a [public] meeting of the board of trustees of the school district or governing body of the charter school, as applicable;
(f) Not later than 30 days after the meeting described in paragraph (e), provide to the Director a summary of the school security risk assessment, any recommendations to improve school safety and security based on the assessment and any actions taken by the board of trustees or governing body, as applicable, based on those recommendations;
(g) Serve as the liaison for the school district or charter school, as applicable, with local public safety agencies, other governmental agencies, nonprofit organizations and the public regarding matters relating to school safety and security;
(h) At least once every 3 years, provide [a tour of each school in the district or the charter school, as applicable, to] employees of public safety agencies that are likely to be first responders to a crisis, emergency or suicide or other hazard at [the] a public school [;] an opportunity to participate in an activity to familiarize themselves with the blueprints of the school in a manner that complies with NRS 393.045; and
(i) Provide [a written record] to the board of trustees of the school district or the governing body of the charter school, as applicable, [of] any recommendations made by an employee of a public safety agency as a result of [a tour] an activity provided pursuant to paragraph (h).
κ2021 Statutes of Nevada, Page 642 (CHAPTER 146, SB 36)κ
recommendations made by an employee of a public safety agency as a result of [a tour] an activity provided pursuant to paragraph (h). The board of trustees or governing body, as applicable, shall maintain a confidential record of such recommendations.
3. In a school district in a county whose population is 100,000 or more, the school safety specialist shall collaborate with the emergency manager designated pursuant to NRS 388.262 where appropriate in the performance of the duties prescribed in subsection 2.
4. As used in this section:
(a) Crisis has the meaning ascribed to it in NRS 388.231.
(b) Emergency has the meaning ascribed to it in NRS 388.233.
Sec. 11. NRS 394.1682 is hereby amended to read as follows:
394.1682 [Development] Emergency operations plan development committee means a committee established pursuant to NRS 394.1685.
Sec. 12. NRS 394.1685 is hereby amended to read as follows:
394.1685 1. The governing body of each private school shall establish [a] an emergency operations plan development committee to develop a plan to be used by the private school in responding to a crisis, emergency or suicide [.] and all other hazards.
2. The membership of [a] an emergency operations plan development committee consists of:
(a) At least one member of the governing body;
(b) At least one administrator of the school;
(c) At least one teacher of the school;
(d) At least one employee of the school who is not a teacher and who is not responsible for the administration of the school;
(e) At least one parent or legal guardian of a pupil who is enrolled in the school [;] and who is not an employee of the school;
(f) At least one representative of a local law enforcement agency in the county in which the school is located; and
(g) At least one representative of a state or local organization for emergency management.
3. The membership of [a] an emergency operations plan development committee may also include any other person whom the governing body deems appropriate, including, without limitation:
(a) A counselor of the school;
(b) A psychologist of the school;
(c) A licensed social worker of the school;
(d) A pupil in grade 10 or higher of the school if the school includes grade 10 or higher; and
(e) An attorney or judge who resides or works in the county in which the school is located.
4. The governing body of each private school shall determine the term of each member of the emergency operations plan development committee that it established. Each emergency operations plan development committee may adopt rules for its own management and government.
Sec. 13. NRS 394.1687 is hereby amended to read as follows:
394.1687 1. Each emergency operations plan development committee shall develop a plan to be used by its school in responding to a crisis, emergency or suicide [.] and all other hazards. Each emergency operations plan development committee shall, when developing the plan:
κ2021 Statutes of Nevada, Page 643 (CHAPTER 146, SB 36)κ
(a) Consult with local social service agencies and local public safety agencies in the county in which its school is located.
(b) Consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Department of Public Safety or his or her designee.
2. The plan developed pursuant to subsection 1 must include, without limitation:
(a) The plans, procedures and information included in the model plan developed by the Department pursuant to NRS 388.253;
(b) A procedure for immediately responding to a crisis or an emergency and for responding during the period after a crisis or an emergency has concluded, including, without limitation, a crisis or an emergency that results in immediate physical harm to a pupil or employee of the school; and
(c) A procedure for enforcing discipline within the school and for obtaining and maintaining a safe and orderly environment during a crisis or an emergency.
3. Each emergency operations plan development committee shall provide for review a copy of the plan that it develops pursuant to this section to the governing body of the school that established the committee.
4. Except as otherwise provided in NRS 394.1691 and 394.1692, each private school must comply with the plan developed for it pursuant to this section.
Sec. 14. NRS 394.1688 is hereby amended to read as follows:
394.1688 1. Each emergency operations plan development committee shall, at least once each year, review and update as appropriate the plan that it developed pursuant to NRS 394.1687. In reviewing and updating the plan, the emergency operations plan development committee shall consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Department of Public Safety or his or her designee.
2. On or before July 1 of each year, each emergency operations plan development committee shall provide an updated copy of the plan to the governing body of the school.
3. The governing body of each private school shall:
(a) Post a notice of the completion of each review and update that its emergency operations plan development committee performs pursuant to subsection 1 [at] on the Internet website maintained by the school;
(b) File with the Department a copy of the notice [provided] posted pursuant to paragraph (a);
(c) Post a [copy of] link to NRS 388.253 and 394.168 to 394.1699, inclusive, [at] on the Internet website maintained by the school;
(d) Retain a copy of each plan developed pursuant to NRS 394.1687, each plan updated pursuant to subsection 1 and each deviation approved pursuant to NRS 394.1692;
(e) On or before July 1 of each year, provide a copy of each plan developed pursuant to NRS 394.1687 and each plan updated pursuant to subsection 1 to:
(1) Each local public safety agency in the county in which the school is located;
κ2021 Statutes of Nevada, Page 644 (CHAPTER 146, SB 36)κ
(2) The Division of Emergency Management of the Department of Public Safety; and
(3) The local organization for emergency management, if any;
(f) Upon request, provide a copy of each plan developed pursuant to NRS 394.1687 and each plan updated pursuant to subsection 1 to a local agency that is included in the plan and to an employee of the school who is included in the plan;
(g) Upon request, provide a copy of each deviation approved pursuant to NRS 394.1692 to:
(1) The Department;
(2) A local public safety agency in the county in which the school is located;
(3) The Division of Emergency Management of the Department of Public Safety;
(4) The local organization for emergency management, if any;
(5) A local agency that is included in the plan; and
(6) An employee of the school who is included in the plan; and
(h) At least once each year, provide training in responding to a crisis and training in responding to an emergency to each employee of the school, including, without limitation, training concerning drills for evacuating and securing the school.
4. As used in this section, public safety agency has the meaning ascribed to it in NRS 388.2345.
Sec. 15. NRS 394.1691 is hereby amended to read as follows:
394.1691 1. Each school committee shall, at least once each year, review the plan developed for its school pursuant to NRS 394.1687 and determine whether the school should deviate from the plan.
2. Each school committee shall [, when reviewing the plan, consult with:
(a) The local social service agencies and law enforcement agencies in the county, city or town in which its school is located.
(b) The director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Department of Public Safety or his or her designee.] consider the specific needs and characteristics of the school, including, without limitation, the length of time for law enforcement to respond to the school and for a fire-fighting agency to respond to a fire, explosion or similar emergency.
3. If a school committee determines that its school should deviate from the plan, the school committee shall notify the emergency operations plan development committee that developed the plan, describe the proposed deviation and explain the reason for the proposed deviation. The school may deviate from the plan only if the deviation is approved by the emergency operations plan development committee pursuant to NRS 394.1692.
4. Each private school shall post [at] on the Internet website maintained by the school a notice of the completion of each review that its school committee performs pursuant to this section.
Sec. 16. NRS 394.1692 is hereby amended to read as follows:
394.1692 1. [A] An emergency operations plan development committee that receives a proposed deviation from a school committee pursuant to NRS 394.1691 shall, within 60 days after it receives the proposed deviation:
κ2021 Statutes of Nevada, Page 645 (CHAPTER 146, SB 36)κ
(a) Review the proposed deviation and any information submitted with the proposed deviation; and
(b) Notify the school committee that submitted the proposed deviation whether the proposed deviation has been approved.
2. [A] An emergency operations plan development committee shall provide a copy of each deviation that it approves pursuant to this section to the governing body of the private school that established the committee.
Sec. 17. NRS 394.1698 is hereby amended to read as follows:
394.1698 A plan developed pursuant to NRS 394.1687 or updated pursuant to NRS 394.1688, a deviation and any information submitted to [a] an emergency operations plan development committee pursuant to NRS 394.1691 and a deviation approved pursuant to NRS 394.1692 are confidential and, except as otherwise provided in NRS 239.0115, 388.253 and 394.168 to 394.1699, inclusive, must not be disclosed to any person or government, governmental agency or political subdivision of a government.
Sec. 18. NRS 394.1699 is hereby amended to read as follows:
394.1699 The provisions of chapter 241 of NRS do not apply to a meeting of:
1. [A] An emergency operations plan development committee;
2. A school committee; or
3. The Board if the meeting concerns a regulation adopted pursuant to NRS 394.1694.
Sec. 19. NRS 414.040 is hereby amended to read as follows:
414.040 1. A Division of Emergency Management is hereby created within the Department of Public Safety. The Chief of the Division is appointed by and holds office at the pleasure of the Director of the Department of Public Safety. The Division is the State Agency for Emergency Management and the State Agency for Civil Defense for the purposes of the Compact ratified by the Legislature pursuant to NRS 415.010. The Chief is the States Director of Emergency Management and the States Director of Civil Defense for the purposes of that Compact.
2. The Chief may employ technical, clerical, stenographic and other personnel as may be required, and may make such expenditures therefor and for other expenses of his or her office within the appropriation therefor, or from other money made available to him or her for purposes of emergency management, as may be necessary to carry out the purposes of this chapter.
3. The Chief, subject to the direction and control of the Director, shall carry out the program for emergency management in this State. The Chief shall coordinate the activities of all organizations for emergency management within the State, maintain liaison with and cooperate with agencies and organizations of other states and of the Federal Government for emergency management and carry out such additional duties as may be prescribed by the Director.
4. The Chief shall assist in the development of comprehensive, coordinated plans for emergency management by adopting an integrated process, using the partnership of governmental entities, business and industry, volunteer organizations and other interested persons, for the mitigation of, preparation for, response to and recovery from emergencies or disasters. In adopting this process, the Chief shall:
(a) Except as otherwise provided in NRS 232.3532, develop written plans for the mitigation of, preparation for, response to and recovery from emergencies and disasters.
κ2021 Statutes of Nevada, Page 646 (CHAPTER 146, SB 36)κ
emergencies and disasters. The plans developed by the Chief pursuant to this paragraph must include the information prescribed in NRS 414.041 to 414.044, inclusive.
(b) Conduct activities designed to:
(1) Eliminate or reduce the probability that an emergency will occur or to reduce the effects of unavoidable disasters;
(2) Prepare state and local governmental agencies, private organizations and other persons to be capable of responding appropriately if an emergency or disaster occurs by fostering the adoption of plans for emergency operations, conducting exercises to test those plans, training necessary personnel and acquiring necessary resources;
(3) Test periodically plans for emergency operations to ensure that the activities of state and local governmental agencies, private organizations and other persons are coordinated;
(4) Provide assistance to victims, prevent further injury or damage to persons or property and increase the effectiveness of recovery operations; and
(5) Restore the operation of vital community life-support systems and return persons and property affected by an emergency or disaster to a condition that is comparable to or better than what existed before the emergency or disaster occurred.
5. In addition to any other requirement concerning the program of emergency management in this State, the Chief shall:
(a) Maintain an inventory of any state or local services, equipment, supplies, personnel and other resources related to participation in the Nevada Intrastate Mutual Aid System established pursuant to NRS 414A.100;
(b) Coordinate the provision of resources and equipment within this State in response to requests for mutual aid pursuant to NRS 414.075 or chapter 414A of NRS;
(c) Coordinate with state agencies, local governments, Indian tribes or nations and special districts to use the personnel and equipment of those state agencies, local governments, Indian tribes or nations and special districts as agents of the State during a response to a request for mutual aid pursuant to NRS 414.075 or 414A.130; and
(d) Provide notice:
(1) On or before February 15 of each year to the governing body of each political subdivision of whether the political subdivision has complied with the requirements of NRS 239C.250;
(2) On or before February 15 of each year to the Chair of the Public Utilities Commission of Nevada of whether each utility that is not a governmental utility and each provider of new electric resources has complied with the requirements of NRS 239C.270;
(3) On or before February 15 of each year to the Governor of whether each governmental utility described in subsection 1 of NRS 239C.050 and each provider of new electric resources has complied with the requirements of NRS 239C.270;
(4) On or before February 15 of each year to the governing body of each governmental utility described in subsection 2 of NRS 239C.050 and each provider of new electric resources of whether each such governmental utility has complied with the requirements of NRS 239C.270;
(5) On or before August 15 of each year to the Superintendent of Public Instruction of whether each board of trustees of a school district, governing body of a charter school or governing body of a private school has complied with the requirements of NRS 388.243 or 394.1687, as applicable; and
κ2021 Statutes of Nevada, Page 647 (CHAPTER 146, SB 36)κ
governing body of a charter school or governing body of a private school has complied with the requirements of NRS 388.243 or 394.1687, as applicable; and
(6) On or before November 15 of each year to the Chair of the Nevada Gaming Control Board of whether each resort hotel has complied with the requirements of NRS 463.790.
6. The Division shall:
(a) Perform the duties required pursuant to chapter 415A of NRS;
(b) Perform the duties required pursuant to NRS 353.2753 at the request of a state agency or local government;
(c) Adopt regulations setting forth the manner in which federal funds received by the Division to finance projects related to emergency management and homeland security are allocated, except with respect to any funds committed by specific statute to the regulatory authority of another person or agency, including, without limitation, funds accepted by the State Emergency Response Commission pursuant to NRS 459.740; and
(d) Submit a written report to the Nevada Commission on Homeland Security within 60 days of making a grant of money to a state agency, political subdivision or tribal government to pay for a project or program relating to the prevention of, detection of, mitigation of, preparedness for, response to and recovery from acts of terrorism that includes, without limitation:
(1) The total amount of money that the state agency, political subdivision or tribal government has been approved to receive for the project or program;
(2) A description of the project or program; and
(3) An explanation of how the money may be used by the state agency, political subdivision or tribal government.
7. The Division shall develop a written guide for the preparation and maintenance of an emergency response plan to assist a person or governmental entity that is required to file a plan pursuant to NRS 239C.250, 239C.270, 388.243, 394.1687 or 463.790. The Division shall review the guide on an annual basis and revise the guide if necessary. On or before January 15 of each year, the Division shall provide the guide to:
(a) Each political subdivision required to adopt a response plan pursuant to NRS 239C.250;
(b) Each utility and each provider of new electric resources required to prepare and maintain an emergency response plan pursuant to NRS 239C.270;
(c) Each emergency operations plan development committee required to develop a plan to be used in responding to a crisis, emergency or suicide and all other hazards by:
(1) A public school or charter school pursuant to NRS 388.243; or
(2) A private school pursuant to NRS 394.1687; and
(d) Each resort hotel required to adopt an emergency response plan pursuant to NRS 463.790.
Sec. 20. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 648κ
Senate Bill No. 37Committee on Government Affairs
CHAPTER 147
[Approved: May 27, 2021]
AN ACT relating to district attorneys; revising certain provisions relating to the process by which a district attorney may request assistance in criminal cases from the Office of the Attorney General; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a district attorney to request the personal presence of the Attorney General or the presence of a deputy attorney general or special investigator to provide assistance in the presentation of criminal cases. In such cases, the district attorney is required to first present the reasons for the request to the board of county commissioners of his or her county and have the board adopt a resolution joining in the request. (NRS 228.130) This bill, instead, only requires the district attorney to present the reasons for such a request for assistance to the board of county commissioners of his or her county and have the board adopt a resolution joining in the request if the Attorney General intends to seek reimbursement for any expenses incurred in providing assistance to the district attorney.
Existing law provides that in all criminal cases where assistance is requested from the Office of the Attorney General, the board of county commissioners, upon the verification of expenses incurred by the Office of the Attorney General, is required to pay from the general funds of the county to the Office of the Attorney General the traveling expenses of the Attorney General or his or her deputy attorney general or special investigator from Carson City, Nevada, to the location of the proceedings and for the return travel from that location to Carson City as well as the expenses incurred for board and lodging from the date such person leaves Carson City to the time he or she returns. (NRS 228.130) This bill: (1) clarifies that such expenses will only be paid in criminal cases for which the Office of the Attorney General will seek reimbursement of expenses for its assistance; and (2) changes Carson City, Nevada, to the Office of the Attorney General as the point of origin and return for the reimbursement of such expenses.
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 228.130 is hereby amended to read as follows:
228.130 1. [In all criminal cases where, in the judgment of the] A district attorney [, the personal presence] may request the Office of the Attorney General [or the presence of a deputy attorney general or special investigator is required in cases mentioned in subsection 2, before making a request upon the Attorney General for such assistance] to provide assistance in presenting a criminal case before a committing magistrate, grand jury or district court. Before the Office of the Attorney General may provide such assistance, the Office of the Attorney General must inform the district attorney whether the Office of the Attorney General will request reimbursement for any expenses authorized pursuant to this section and incurred in providing the assistance. If the Office of the Attorney General will request reimbursement for any such expenses, the district attorney must [first] , before the Office of the Attorney General provides such assistance, present his or her reasons for making the request to the board of county commissioners of his or her county and have the board adopt a resolution joining in the request [to] for the Office of the Attorney General [.]
κ2021 Statutes of Nevada, Page 649 (CHAPTER 147, SB 37)κ
[first] , before the Office of the Attorney General provides such assistance, present his or her reasons for making the request to the board of county commissioners of his or her county and have the board adopt a resolution joining in the request [to] for the Office of the Attorney General [.] to provide assistance to the district attorney in the criminal case.
2. [In all criminal cases where assistance is requested from the Attorney Generals Office, as described in] If a board of county commissioners adopts a resolution joining in a request pursuant to subsection 1, [in the presentation of criminal cases before a committing magistrate, grand jury, or district court,] the board of county commissioners [of the county making such request] shall, upon the presentation to the board of a duly verified claim setting forth the expenses incurred, pay from the general funds of the county the actual and necessary traveling expenses of the Attorney General or his or her deputy attorney general or his or her special investigator [from Carson City, Nevada,] , as applicable, to the place where such proceedings are held and return therefrom, and also pay the amount of money actually expended by such person for board and lodging from the date such person leaves until the date he or she returns to [Carson City.] the Office of the Attorney General.
3. This section must not be construed as directing or requiring the Attorney General to appear in any [proceedings mentioned in subsection 2,] criminal cases concerning which the district attorney has requested assistance, but in acting upon any such request the Attorney General may exercise his or her discretion, and his or her judgment in such matters is final.
4. In addition to any payment of expenses pursuant to subsection 2, the Attorney General may charge for the costs of providing assistance in the prosecution of a category A or B felony pursuant to this section. Such costs must be agreed upon by the Attorney General and the district attorney for the county for which the Attorney General provides assistance.
5. If the Attorney General:
(a) Is requested, pursuant to subsection 1, to provide assistance to a district attorney in the presentation of a criminal case before a committing magistrate, grand jury or district court; and
(b) Determines at any time before trial that it is impracticable or uneconomical or could constitute a conflict of interest for the Attorney General or a deputy attorney general to provide such assistance,
Κ the Attorney General may, with the concurrence of the board of county commissioners and the district attorney, appoint a special prosecutor to present the criminal case.
6. Except as otherwise provided in subsection 7, compensation for a special prosecutor appointed pursuant to subsection 5 must be fixed by the Attorney General, subject to the approval of the State Board of Examiners.
7. For the prosecution of a category A or B felony, compensation and other terms and conditions must be agreed upon by the Attorney General and the district attorney of the county for which the special prosecutor is appointed to provide assistance.
________
κ2021 Statutes of Nevada, Page 650κ
Senate Bill No. 38Committee on Government Affairs
CHAPTER 148
[Approved: May 27, 2021]
AN ACT relating to legal services; establishing certain provisions applicable to pro bono contracts for legal services entered into by the Attorney General or any other officer, agency or employee in the Executive Department of the State Government; requiring the Attorney General to prepare and submit an annual report concerning such contracts; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law generally provides that the Attorney General and his or her deputies are the legal advisers on matters arising in the Executive Department of the State Government and generally prohibits persons in the Executive Department from employing other counsel to represent the State or any agency in the Executive Department. (NRS 228.110) However, existing law also establishes a process to authorize the Attorney General or any other officer, agency or employee in the Executive Department to enter into a contingent fee contract for legal services pursuant to which an attorney or law firm engaged in the private practice of law may provide legal services to the State of Nevada or an officer, agency or employee in the Executive Department. (NRS 228.111-228.1118) Section 6 of this bill additionally authorizes the Attorney General or any other officer, agency or employee in the Executive Department to enter into a pro bono contract for legal services pursuant to which an attorney or law firm engaged in the private practice of law may provide legal services to the State of Nevada or an officer, agency or employee in the Executive Department on a pro bono basis if the Attorney General determines that the provision of such legal services is necessary.
Section 7 of this bill requires the Attorney General to retain final authority over the course and conduct of the matter that is the subject of a pro bono contract, and section 8 of this bill requires the Attorney General to prescribe a form of addendum to a pro bono contract that sets forth the specific rights and obligations of the parties relating to the matter that is the subject of the contract. Section 9 of this bill requires any attorney or law firm retained pursuant to a pro bono contract to prepare and maintain contemporaneous records reflecting the work performed on the matter and provides that such records, other than those protected as legally privileged, are public records. Section 10 of this bill requires the Attorney General to post on his or her Internet website a copy of any fully executed pro bono contract. Section 10.5 of this bill prohibits any attorney or law firm retained pursuant to a pro bono contract from entering into certain other contracts with the Attorney General for the provision of legal services for a period of 1 year after the date on which the pro bono contract or any extension or renewal thereof expires or is terminated. Section 11 of this bill requires the Attorney General to prepare and submit an annual report to the Director of the Legislative Counsel Bureau that sets forth certain information about pro bono contracts in effect during the period covered by the report.
Sections 12-14 of this bill make conforming changes to indicate the appropriate placement of sections 2-11 of this bill in the Nevada Revised Statutes.
Section 15 of this bill exempts legal services provided pursuant to a pro bono contract from the procedures otherwise applicable to state agencies for the acceptance of gifts or grants of property or services. (NRS 353.335)
κ2021 Statutes of Nevada, Page 651 (CHAPTER 148, SB 38)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 228 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. As used in sections 2 to 11, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.
Sec. 3. Matter means an action or other proceeding involving one or more claims asserted by one or more plaintiffs and presenting common questions of law or fact.
Sec. 4. Pro bono contract or contract means a contract for legal services entered into by or at the request of the Attorney General, pursuant to which legal services are provided on a pro bono basis by an attorney or law firm engaged in the private practice of law to the State of Nevada or any officer, agency or employee in the Executive Department of the State Government.
Sec. 5. Retained attorney or law firm means an attorney or law firm that is a party to a pro bono contract.
Sec. 6. The Attorney General or any other officer, agency or employee in the Executive Department of the State Government may enter into a pro bono contract regarding any matter if the Attorney General determines that the provision of pro bono legal services by an attorney or law firm engaged in the private practice of law is necessary.
Sec. 7. The following conditions apply to a pro bono contract during the term of the contract and any renewal or extension of the contract:
1. The Attorney General must retain final authority over the course and conduct of the matter that is the subject of the pro bono contract, including, without limitation:
(a) The authority to override any decision made by the retained attorney or law firm; and
(b) The sole authority to agree to any settlement or voluntary dismissal of the matter.
2. Subject to the authority of the Attorney General, a deputy of the Attorney General must have supervisory authority over the conduct of the matter that is the subject of the pro bono contract. The deputy shall attend any settlement conference or mediation conducted in the matter.
3. The pro bono contract must not limit the right of any attorney for an opposing party in the matter that is the subject of the contract to communicate directly with the Attorney General or the deputy of the Attorney General described in subsection 2.
Sec. 8. The Attorney General shall prescribe a form of addendum to a pro bono contract that must be used for every such contract. The addendum must set forth the specific rights and obligations of the parties relating to the matter that is the subject of the contract, including, without limitation, the requirements of sections 7, 9 and 10.5 of this act.
Sec. 9. 1. A retained attorney or law firm shall, from the beginning of the term of the pro bono contract until a date not less than 4 years after the date on which the contract expires or is terminated, prepare and maintain contemporaneous records reflecting the work performed on the matter by the retained attorney or law firm, including, without limitation, any work performed by a paralegal.
κ2021 Statutes of Nevada, Page 652 (CHAPTER 148, SB 38)κ
performed by a paralegal. The records must specifically describe the work performed, identify the person who performed the work and set forth the time spent in connection with the work, in increments of not more than one-tenth of an hour.
2. Except as otherwise provided in subsection 3, the records described in subsection 1 are public records and must be open for inspection pursuant to NRS 239.010.
3. The provisions of subsection 2 must not be construed to authorize or require the disclosure of any materials that are otherwise protected as legally privileged.
Sec. 10. Not later than 5 business days after a pro bono contract is signed by all the parties to the contract, the Attorney General shall cause a fully executed copy of the contract to be posted on the Internet website of the Attorney General. The document must be posted on the Internet website at all times during the term of the contract and any extension or renewal of the contract.
Sec. 10.5. A retained attorney or law firm is prohibited from entering into any contract with the Attorney General for the provision of legal services pursuant to NRS 41.03435 or 228.111 to 228.1118, inclusive, and sections 2 to 11, inclusive, of this act, for a period of 1 year after the date on which the pro bono contract or any extension or renewal of the pro bono contract expires or is terminated.
Sec. 11. 1. On or before February 1 of each year, the Attorney General shall prepare and submit a report to the Director of the Legislative Counsel Bureau, for transmittal to the Majority Leader of the Senate and the Speaker of the Assembly, describing the use of pro bono contracts by the Attorney General during the preceding calendar year.
2. The report required by subsection 1 must identify each pro bono contract in effect during the period covered by the report and, for each such contract, set forth:
(a) The name and address of the retained attorney or law firm;
(b) The nature and present status of the matter that is the subject of the contract;
(c) The name of each party to the matter;
(d) The amount of any recovery obtained in the matter; and
(e) The amount of any costs and expenses paid in the prosecution of the matter for which no recovery was obtained.
Sec. 12. NRS 228.110 is hereby amended to read as follows:
228.110 1. Except as otherwise provided in NRS 228.111 to 228.1118, inclusive, and sections 2 to 11, inclusive, of this act or by specific statute:
(a) The Attorney General and the duly appointed deputies of the Attorney General shall be the legal advisers on all state matters arising in the Executive Department of the State Government.
(b) No officer, commissioner or appointee of the Executive Department of the Government of the State of Nevada shall employ any attorney at law or counselor at law to represent the State of Nevada within the State, or to be compensated by state funds, directly or indirectly, as an attorney acting within the State for the State of Nevada or any agency in the Executive Department thereof unless the Attorney General and the deputies of the Attorney General are disqualified to act in such matter.
2. All claims for legal services rendered in violation of this section shall be void.
κ2021 Statutes of Nevada, Page 653 (CHAPTER 148, SB 38)κ
Sec. 13. NRS 228.140 is hereby amended to read as follows:
228.140 1. Except as otherwise provided in NRS 228.111 to 228.1118, inclusive, and sections 2 to 11, inclusive, of this act, the Attorney General shall attend each of the terms of the Supreme Court, and there prosecute or defend, as the case may be, on the part of the State:
(a) All causes to which the State may be a party;
(b) All causes to which any officer of the State, in his or her official capacity, may be a party;
(c) All causes to which any county may be a party, other than those in which the interest of the county may be adverse to the State, or any officer of the State, acting in his or her official capacity, and
Κ after judgment obtained in any such cause, the Attorney General shall direct such proceedings, and sue out such process as may be required to carry the same into execution.
2. The Attorney General shall:
(a) Account for and pay over to the proper officer, without delay, all moneys which may come into his or her hands belonging to the State or any county.
(b) Assist in all impeachments which may be tried before the Senate.
Sec. 14. NRS 228.170 is hereby amended to read as follows:
228.170 1. Except as otherwise provided in NRS 228.111 to 228.1118, inclusive, and sections 2 to 11, inclusive, of this act, whenever the Governor directs or when, in the opinion of the Attorney General, to protect and secure the interest of the State it is necessary that a suit be commenced or defended in any federal or state court, the Attorney General shall commence the action or make the defense.
2. The Attorney General may investigate and prosecute any crime committed by a person:
(a) Confined in or committed to an institution or facility of the Department of Corrections.
(b) Acting in concert with, whether as a principal or accessory, any person confined in or committed to an institution or facility of the Department of Corrections.
(c) In violation of chapter 212 of NRS, if the crime involves:
(1) An institution or facility of the Department of Corrections; or
(2) A person confined in or committed to such an institution or facility.
Sec. 15. NRS 353.335 is hereby amended to read as follows:
353.335 1. Except as otherwise provided in subsections 5 and 6, a state agency may accept any gift or grant of property or services from any source only if it is included in an act of the Legislature authorizing expenditures of nonappropriated money or, when it is not so included, if it is approved as provided in subsection 2.
2. If:
(a) Any proposed gift or grant is necessary because of an emergency as defined in NRS 353.263 or for the protection or preservation of life or property, the Governor shall take reasonable and proper action to accept it and shall report the action and his or her reasons for determining that immediate action was necessary to the Interim Finance Committee at its first meeting after the action is taken. Action by the Governor pursuant to this paragraph constitutes acceptance of the gift or grant, and other provisions of this chapter requiring approval before acceptance do not apply.
(b) The Governor determines that any proposed gift or grant would be forfeited if the State failed to accept it before the expiration of the period prescribed in paragraph (c), the Governor may declare that the proposed acceptance requires expeditious action by the Interim Finance Committee.
κ2021 Statutes of Nevada, Page 654 (CHAPTER 148, SB 38)κ
prescribed in paragraph (c), the Governor may declare that the proposed acceptance requires expeditious action by the Interim Finance Committee. Whenever the Governor so declares, the Interim Finance Committee has 15 days after the proposal is submitted to its Secretary within which to approve or deny the acceptance. Any proposed acceptance which is not considered within the 15-day period shall be deemed approved.
(c) The proposed acceptance of any gift or grant does not qualify pursuant to paragraph (a) or (b), it must be submitted to the Interim Finance Committee. The Interim Finance Committee has 45 days after the proposal is submitted to its Secretary within which to consider acceptance. Any proposed acceptance which is not considered within the 45-day period shall be deemed approved.
3. The Secretary shall place each request submitted to the Secretary pursuant to paragraph (b) or (c) of subsection 2 on the agenda of the next meeting of the Interim Finance Committee.
4. In acting upon a proposed gift or grant, the Interim Finance Committee shall consider, among other things:
(a) The need for the facility or service to be provided or improved;
(b) Any present or future commitment required of the State;
(c) The extent of the program proposed; and
(d) The condition of the national economy, and any related fiscal or monetary policies.
5. A state agency may accept:
(a) Gifts, including grants from nongovernmental sources, not exceeding $20,000 each in value; and
(b) Governmental grants not exceeding $150,000 each in value,
Κ if the gifts or grants are used for purposes which do not involve the hiring of new employees and if the agency has the specific approval of the Governor or, if the Governor delegates this power of approval to the Chief of the Budget Division of the Office of Finance, the specific approval of the Chief.
6. This section does not apply to:
(a) The Nevada System of Higher Education;
(b) The Department of Health and Human Services while acting as the state health planning and development agency pursuant to paragraph (d) of subsection 2 of NRS 439A.081 or for donations, gifts or grants to be disbursed pursuant to NRS 433.395 or 435.490; [or]
(c) Legal services provided on a pro bono basis by an attorney or law firm engaged in the private practice of law to the State of Nevada or any officer, agency or employee in the Executive Department of the State Government pursuant to a contract for legal services entered into by or at the request of the Attorney General in accordance with sections 2 to 11, inclusive of this act; or
(d) Artifacts donated to the Department of Tourism and Cultural Affairs.
Sec. 16. 1. The amendatory provisions of this act apply only to a pro bono contract entered into on or after October 1, 2021.
2. As used in this section, pro bono contract has the meaning ascribed to it in section 4 of this act.
Sec. 17. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
________
κ2021 Statutes of Nevada, Page 655κ
Senate Bill No. 43Committee on Natural Resources
CHAPTER 149
[Approved: May 27, 2021]
AN ACT relating to outdoor recreation; increasing the membership of the Advisory Board on Outdoor Recreation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Advisory Board on Outdoor Recreation, consisting of 11 voting members, to advise the Administrator of the Division of Outdoor Recreation in the State Department of Conservation and Natural Resources on any matter concerning outdoor recreation in Nevada. (NRS 407A.575) This bill increases the membership of the Advisory Board by adding: (1) one member nominated by the Board of Directors of the Nevada Association of Counties and appointed by the Governor as a voting member; (2) one representative of the United States Department of the Interior as a nonvoting member; and (3) one representative of the United States Department of Agriculture as a nonvoting member.
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 407A.575 is hereby amended to read as follows:
407A.575 1. There is hereby created the Advisory Board on Outdoor Recreation composed of:
(a) The following 12 voting members:
(1) The Lieutenant Governor or his or her designee;
[(b)] (2) The Director or his or her designee;
[(c)] (3) The Director of the Department of Tourism and Cultural Affairs or his or her designee;
[(d)] (4) The Executive Director of the Office of Economic Development or his or her designee;
[(e)] (5) The Director of the Department of Wildlife or his or her designee;
[(f)] (6) The Administrator of the Division of State Parks of the Department;
[(g)] (7) The Chair of the Nevada Indian Commission;
(8) One member appointed by the Governor from a list of nominees submitted by the Board of Directors of the Nevada Association of Counties, or its successor organization, who:
(I) Resides in a county whose population is less than 100,000; and
(II) Has professional expertise or possesses demonstrated knowledge in outdoor recreation, natural resources management and economic development in this State; and
κ2021 Statutes of Nevada, Page 656 (CHAPTER 149, SB 43)κ
[(h) The following four]
(9) Four members [who must be] appointed by the Governor from a list of nominees submitted by the Lieutenant Governor and the Director [:] as follows:
[(1)] (I) A representative of the outdoor recreation industry;
[(2)] (II) A representative of conservation interests;
[(3)] (III) A person with experience in and knowledge of education; and
[(4)] (IV) A person with experience in and knowledge of public health.
(b) The following two nonvoting members who must be appointed by the Administrator of the Division of Outdoor Recreation or his or her designee, subject to the approval of the Director:
(1) A representative of the United States Department of the Interior from the Bureau of Land Management, National Park Service or United States Fish and Wildlife Service; and
(2) A representative of the United States Department of Agriculture from the United States Forest Service or Rural Development.
2. The Lieutenant Governor or his or her designee shall:
(a) Serve as Chair of the Advisory Board; and
(b) Appoint a member of the Advisory Board to serve as Vice Chair of the Advisory Board.
3. The Advisory Board shall meet at such times and places as are specified by a call of the Chair but not less than once a year. [Six] A majority of the voting members of the Advisory Board [constitute] constitutes a quorum. [The] If a quorum is present, the affirmative vote of a majority of the [Advisory Board] voting members of the Advisory Board present is sufficient for any official action [of] taken by the Advisory Board.
4. The Advisory Board shall advise the Administrator on any matter concerning outdoor recreation in this State.
Sec. 2. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 657κ
Senate Bill No. 45Committee on Government Affairs
CHAPTER 150
[Approved: May 27, 2021]
AN ACT relating to crimes; changing the name and duties of the Ombudsman for Victims of Domestic Violence; changing the duties and composition of the Committee on Domestic Violence; revising the penalty for a battery which constitutes domestic violence against a pregnant person; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Office of Ombudsman for Victims of Domestic Violence within the Office of the Attorney General and prescribes the qualifications and duties of the Ombudsman. (NRS 228.440, 228.450) This bill revises the name, qualifications and duties of the Ombudsman and the Office to expand the scope of the Ombudsman and the Office to include the crimes of sexual assault and human trafficking and amends corresponding references accordingly.
Section 1 of this bill: (1) renames the Office as the Office of Ombudsman for Victims of Domestic Violence, Sexual Assault and Human Trafficking; and (2) revises the existing qualifications of the Ombudsman to include the requirement to have knowledge regarding sexual assault and human trafficking. (NRS 228.440) Section 3 of this bill makes a conforming change to reflect the changed name.
Section 2 of this bill: (1) revises the requirement imposed upon the Ombudsman to prepare quarterly reports relating to domestic violence to include sexual assault and human trafficking within the scope of the report; (2) requires the Ombudsman to provide assistance to victims of sexual assault and human trafficking; and (3) requires the Ombudsman to provide education to the public regarding sexual assault and human trafficking. (NRS 228.450)
Existing law creates the Committee on Domestic Violence, whose members are appointed by the Attorney General, and sets forth the duties of the Committee. (NRS 228.470) Section 4 of this bill: (1) adds two additional members to the Committee, one of whom is a representative from the Office of the Court Administrator and one of whom is a representative appointed by the Administrator of the Division of Public and Behavioral Health of the Department of Health and Human Services; (2) eliminates the provision that requires the Committee to review programs for the treatment of persons who commit domestic violence and a corresponding subcommittee assigned to perform that review; and (3) requires the Committee to study issues relating to domestic violence.
Existing law provides that if a person is convicted of a first offense of battery which constitutes domestic violence against a victim who was pregnant at the time of the battery, the person is guilty of a gross misdemeanor, punishable by imprisonment in the county jail for not more than 364 days, or by a maximum fine of $2,000, or by both fine and imprisonment. (NRS 193.140, 200.485) Section 7 of this bill provides that for such an offense, a person must be imprisoned for not less than 20 days in the county jail and may be further punished by a fine of not less than $500, but not more than $1,000.
κ2021 Statutes of Nevada, Page 658 (CHAPTER 150, SB 45)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 228.440 is hereby amended to read as follows:
228.440 1. The Office of Ombudsman for Victims of Domestic Violence , Sexual Assault and Human Trafficking is hereby created within the Office of the Attorney General.
2. The Attorney General shall appoint a person to serve in the position of Ombudsman for a term of 4 years. The person so appointed:
(a) Must be knowledgeable about the legal and societal aspects of domestic violence [;] , sexual assault and human trafficking;
(b) Is in the unclassified service of the State; and
(c) Is not required to be an attorney.
3. The Attorney General may remove the Ombudsman from office for inefficiency, neglect of duty or malfeasance in office.
Sec. 2. NRS 228.450 is hereby amended to read as follows:
228.450 1. The Ombudsman for Victims of Domestic Violence , Sexual Assault and Human Trafficking shall:
(a) Prepare quarterly reports relating to victims of domestic violence , sexual assault and human trafficking from information collected from the Central Repository for Nevada Records of Criminal History, if any such information is available.
(b) Provide necessary assistance to victims of domestic violence [.] , sexual assault and human trafficking.
(c) Provide education to the public concerning domestic violence, sexual assault and human trafficking, including, without limitation, the prevention of domestic violence, sexual assault and human trafficking, available assistance to victims of domestic violence , sexual assault and human trafficking, and available treatment for persons who commit domestic violence [.] , sexual assault and human trafficking.
(d) Perform such other tasks as are necessary to carry out the duties and functions of his or her office.
2. Except as otherwise provided in this subsection, information collected pursuant to paragraph (a) of subsection 1 is confidential and must not be disclosed to any person under any circumstances, including, without limitation, pursuant to a subpoena, search warrant or discovery proceeding. Such information may be used for statistical purposes if the identity of the person is not discernible from the information disclosed.
3. Any grant received by the Office of the Attorney General for assistance to victims of domestic violence , sexual assault and human trafficking may be used to compensate the Ombudsman for Victims of Domestic Violence [.] , Sexual Assault and Human Trafficking.
Sec. 3. NRS 228.460 is hereby amended to read as follows:
228.460 1. The Account for Programs Related to Domestic Violence is hereby created in the State General Fund. Any fee imposed and collected pursuant to NRS 176.094 must be deposited with the State Controller for credit to the Account.
2. The Ombudsman for Victims of Domestic Violence [:] , Sexual Assault and Human Trafficking:
(a) Shall administer the Account for Programs Related to Domestic Violence; and
κ2021 Statutes of Nevada, Page 659 (CHAPTER 150, SB 45)κ
(b) May expend money in the Account only to pay for expenses related to:
(1) The Committee;
(2) Training law enforcement officers, attorneys and members of the judicial system about domestic violence;
(3) Assisting victims of domestic violence and educating the public concerning domestic violence; and
(4) Carrying out the duties and functions of his or her office.
3. All claims against the Account for Programs Related to Domestic Violence must be paid as other claims against the State are paid.
Sec. 4. NRS 228.470 is hereby amended to read as follows:
228.470 1. The [Attorney General shall appoint a] Committee on Domestic Violence is hereby created. The Committee is comprised of the Attorney General or a designee of the Attorney General and:
(a) The following members appointed by the Attorney General:
(1) One staff member of a program for victims of domestic violence;
[(b)] (2) One staff member of a program for the treatment of persons who commit domestic violence;
[(c)] (3) One representative from an office of the district attorney with experience in prosecuting criminal offenses;
[(d)] (4) One representative from an office of the city attorney with experience in prosecuting criminal offenses;
[(e)] (5) One law enforcement officer;
[(f)] (6) One provider of mental health care;
[(g)] (7) Two [victims] survivors of domestic violence;
[(h)] (8) One justice of the peace or municipal judge;
(9) One representative from the Office of Court Administrator; and
[(i)] (10) Any other person appointed by the Attorney General.
(b) One member who is a representative of the Division of Public and Behavioral Health of the Department of Health and Human Services, who is appointed by the Administrator of the Division and who has experience related to the certification of programs for the treatment of persons who commit domestic violence.
Κ Each appointed member serves a term of 2 years. Members may be reappointed for additional terms of 2 years. At least two members of the Committee must be residents of a county whose population is less than 100,000.
2. The Committee shall:
(a) Increase awareness of the existence and unacceptability of domestic violence in this State;
(b) [Review programs for the treatment of persons who commit domestic violence and make recommendations to the Division of Public and Behavioral Health of the Department of Health and Human Services for the certification of such programs pursuant to NRS 439.258;
(c)] Review and evaluate existing programs provided to peace officers for training related to domestic violence and make recommendations to the Peace Officers Standards and Training Commission regarding such training;
[(d)] (c) To the extent that money is available, provide financial support to programs for the prevention of domestic violence in this State;
[(e)] (d) Study and review all appropriate issues related to the administration of the criminal justice system in rural Nevada with respect to offenses involving domestic violence, including, without limitation, the availability of counseling services; [and
κ2021 Statutes of Nevada, Page 660 (CHAPTER 150, SB 45)κ
(f)] (e) Study issues that relate to domestic violence, including, without limitation, the intersections between domestic violence and sexual assault and domestic violence and human trafficking; and
(f) Submit on or before March 1 of each odd-numbered year a report to the Director of the Legislative Counsel Bureau for distribution to the regular session of the Legislature. In preparing the report, the Committee shall solicit comments and recommendations from district judges, municipal judges and justices of the peace in rural Nevada. The report must include, without limitation:
(1) A summary of the work of the Committee and recommendations for any necessary legislation concerning domestic violence; and
(2) All comments and recommendations received by the Committee.
3. [The Attorney General shall appoint a subcommittee of members of the Committee to carry out the duties prescribed in paragraph (b) of subsection 2.
4.] The Attorney General or the designee of the Attorney General is the Chair of the Committee.
[5.] 4. The Committee shall annually elect a Vice Chair [, Secretary and Treasurer] from among its members.
[6.] 5. The Committee shall meet regularly at least three times in each calendar year and may meet at other times upon the call of the Chair. [Any six members of the Committee constitute a quorum. A majority vote of the quorum is required to take action with respect to any matter.
7.] 6. At least one meeting in each calendar year must be held at a location within the Fourth Judicial District, Fifth Judicial District, Sixth Judicial District, Seventh Judicial District or Eleventh Judicial District.
[8.] 7. The Attorney General shall provide the Committee with such staff as is necessary to carry out the duties of the Committee.
[9.] 8. While engaged in the business of the Committee, each member and employee of the Committee is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
[10.] 9. The Committee may adopt regulations necessary to carry out its duties pursuant to NRS 228.470 to 228.497, inclusive.
Secs. 5 and 6. (Deleted by amendment.)
Sec. 7. NRS 200.485 is hereby amended to read as follows:
200.485 1. Unless a greater penalty is provided pursuant to subsections 2 to 5, inclusive, or NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018:
(a) For the first offense within 7 years, is guilty of a misdemeanor and shall be [sentenced to:] punished by:
(1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and
(2) Perform not less than 48 hours, but not more than 120 hours, of community service.
Κ The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 12 consecutive hours and must occur at a time when the person is not required to be at his or her place of employment or on a weekend.
(b) For the second offense within 7 years, is guilty of a misdemeanor and shall be [sentenced to:] punished by:
κ2021 Statutes of Nevada, Page 661 (CHAPTER 150, SB 45)κ
(1) Imprisonment in the city or county jail or detention facility for not less than 20 days, but not more than 6 months; and
(2) Perform not less than 100 hours, but not more than 200 hours, of community service.
Κ The person shall be further punished by a fine of not less than $500, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must not be less than 12 consecutive hours and must occur at a time when the person is not required to be at his or her place of employment or on a weekend.
(c) For the third offense within 7 years, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not less than $1,000, but not more than $5,000.
2. Unless a greater penalty is provided pursuant to subsection 3 or NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, if the battery is committed by strangulation as described in NRS 200.481, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
3. Unless a greater penalty is provided pursuant to NRS 200.481, a person who has been previously convicted of:
(a) A felony that constitutes domestic violence pursuant to NRS 33.018;
(b) A battery which constitutes domestic violence pursuant to NRS 33.018, if the battery is committed with the use of a deadly weapon as described in NRS 200.481; or
(c) A violation of the law of any other jurisdiction that prohibits the same or similar conduct set forth in paragraph (a) or (b),
Κ and who commits a battery which constitutes domestic violence pursuant to NRS 33.018 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and shall be further punished by a fine of not less than $2,000, but not more than $5,000.
4. Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, if the battery is committed against a victim who was pregnant at the time of the battery and the person knew or should have known that the victim was pregnant:
(a) For the first offense, is guilty of a gross misdemeanor [.] and shall be punished by imprisonment in the county jail for not less than 20 days and may be further punished by a fine of not less than $500, but not more than $1,000.
(b) For the second or any subsequent offense, is guilty of a category B felony and shall be punished by imprisonment in the state prison of a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not less than $1,000, but not more than $5,000.
5. Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, if the battery causes substantial bodily harm, is guilty of a category B felony and shall be punished by imprisonment in the state prison of a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not less than $1,000, but not more than $5,000.
κ2021 Statutes of Nevada, Page 662 (CHAPTER 150, SB 45)κ
of a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not less than $1,000, but not more than $5,000.
6. In addition to any other penalty, if a person is convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, the court shall:
(a) For the first offense within 7 years, require the person to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, at his or her expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.
(b) For the second offense within 7 years, require the person to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 12 months, at his or her expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.
Κ If the person resides in this State but the nearest location at which counseling services are available is in another state, the court may allow the person to participate in counseling in the other state in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.
7. Except as otherwise provided in this subsection, an offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section:
(a) When evidenced by a conviction; or
(b) If the offense is conditionally dismissed pursuant to NRS 176A.290 or dismissed in connection with successful completion of a diversionary program or specialty court program,
Κ without regard to the sequence of the offenses and convictions. An offense which is listed in paragraph (a), (b) or (c) of subsection 3 that occurred on any date preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.
8. In addition to any other penalty, the court may require such a person to participate, at his or her expense, in a program of treatment for an alcohol or other substance use disorder that has been certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.
9. If it appears from information presented to the court that a child under the age of 18 years may need counseling as a result of the commission of a battery which constitutes domestic violence pursuant to NRS 33.018, the court may refer the child to an agency which provides child welfare services. If the court refers a child to an agency which provides child welfare services, the court shall require the person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018 to reimburse the agency for the costs of any services provided, to the extent of the convicted persons ability to pay.
κ2021 Statutes of Nevada, Page 663 (CHAPTER 150, SB 45)κ
10. If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018, a prosecuting attorney shall not dismiss such a charge in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the prosecuting attorney knows, or it is obvious, that the charge is not supported by probable cause or cannot be proved at the time of trial. Except as otherwise provided in this subsection, a court shall not grant probation to or suspend the sentence of such a person. A court may grant probation to or suspend the sentence of such a person:
(a) As set forth in NRS 4.373 and 5.055; or
(b) To assign the person to a program for the treatment of veterans and members of the military pursuant to NRS 176A.290 if the charge is for a first offense punishable as a misdemeanor.
11. In every judgment of conviction or admonishment of rights issued pursuant to this section, the court shall:
(a) Inform the person convicted that he or she is prohibited from owning, possessing or having under his or her custody or control any firearm pursuant to NRS 202.360; and
(b) Order the person convicted to permanently surrender, sell or transfer any firearm that he or she owns or that is in his or her possession or under his or her custody or control in the manner set forth in NRS 202.361.
12. A person who violates any provision included in a judgment of conviction or admonishment of rights issued pursuant to this section concerning the surrender, sale, transfer, ownership, possession, custody or control of a firearm is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000. The court must include in the judgment of conviction or admonishment of rights a statement that a violation of such a provision in the judgment or admonishment is a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
13. As used in this section:
(a) Agency which provides child welfare services has the meaning ascribed to it in NRS 432B.030.
(b) Battery has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.
(c) Offense includes a battery which constitutes domestic violence pursuant to NRS 33.018 or a violation of the law of any other jurisdiction that prohibits the same or similar conduct.
Sec. 8. 1. Any administrative regulations adopted by an officer or an agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remain in force until amended by the officer or agency to which the responsibility for the adoption of the regulations has been transferred.
2. Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer or agency to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.
κ2021 Statutes of Nevada, Page 664 (CHAPTER 150, SB 45)κ
officer or agency to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.
3. Any action taken by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remains in effect as if taken by the officer or agency to which the responsibility for the enforcement of such actions has been transferred.
Sec. 9. The Legislative Counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
2. In preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name has been changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
Sec. 10. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
________
Senate Bill No. 46Committee on Government Affairs
CHAPTER 151
[Approved: May 27, 2021]
AN ACT relating to the Office of the Attorney General; authorizing certain employees of the Office of the Attorney General to request that certain personal information be kept in a confidential manner; authorizing such persons to request the Department of Motor Vehicles to display an alternate address on his or her drivers license, commercial drivers license or identification card; designating certain vehicles owned and operated by the Office of the Attorney General as emergency vehicles; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes certain persons to obtain a court order to require a county assessor, county recorder, the Secretary of State or a city or county clerk to maintain the personal information of the person contained in the records of the county assessor, county recorder, Secretary of State or city or county clerk in a confidential manner. The person seeking the court order must submit to the court a sworn affidavit that, among other things, sets forth sufficient justification for the request for confidentiality. (NRS 247.530, 250.130, 293.906) The persons authorized to obtain such court orders include justices, judges, certain court personnel, certain peace officers, certain district attorneys or attorneys employed by the district attorney, certain state or county public defenders, certain employees who perform tasks related to child welfare or protective services, county managers and certain employees who perform tasks related to code enforcement. Existing law also authorizes the spouse, domestic partner or minor child of any such person and the surviving spouse, domestic partner or minor child of any such person who was killed in the performance of his or her duties to obtain such court orders.
κ2021 Statutes of Nevada, Page 665 (CHAPTER 151, SB 46)κ
domestic partner or minor child of any such person and the surviving spouse, domestic partner or minor child of any such person who was killed in the performance of his or her duties to obtain such court orders. (NRS 247.540, 250.140, 293.908) Sections 1-3 of this bill further authorize any person employed by the Office of the Attorney General who prosecutes or defends actions on behalf of the State of Nevada or any agency in the Executive Department of the State Government to obtain such court orders.
Existing law authorizes certain persons to request that the Department of Motor Vehicles display an alternate address on the persons drivers license, commercial drivers license or identification card. (NRS 481.091) Section 4 of this bill further authorizes any person employed by the Office of the Attorney General who prosecutes or defends actions on behalf of the State of Nevada or any agency in the Executive Department of the State Government to make such requests.
Under existing law, certain state and local agencies are expressly authorized to obtain permits from the Department of Public Safety to own and operate emergency vehicles in the performance of their duties. (NRS 484A.480, 484A.490) Section 5 of this bill expressly authorizes the issuance of such permits for vehicles owned and operated by the Office of the Attorney General.
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 247.540 is hereby amended to read as follows:
247.540 1. The following persons may request that the personal information described in subsection 1, 2 or 3 of NRS 247.520 that is contained in the records of a county recorder be kept confidential:
(a) Any justice or judge in this State.
(b) Any senior justice or senior judge in this State.
(c) Any court-appointed master in this State.
(d) Any clerk of a court, court administrator or court executive officer in this State.
(e) Any district attorney or attorney employed by the district attorney who as part of his or her normal job responsibilities prosecutes persons for:
(1) Crimes that are punishable as category A felonies; or
(2) Domestic violence.
(f) Any state or county public defender who as part of his or her normal job responsibilities defends persons for:
(1) Crimes that are punishable as category A felonies; or
(2) Domestic violence.
(g) Any person employed by the Office of the Attorney General who prosecutes or defends actions on behalf of the State of Nevada or any agency in the Executive Department of the State Government.
(h) Any person, including without limitation, a social worker, employed by this State or a political subdivision of this State who as part of his or her normal job responsibilities:
(1) Interacts with the public; and
(2) Performs tasks related to child welfare services or child protective services or tasks that expose the person to comparable dangers.
[(h)] (i) Any county manager in this State.
[(i)] (j) Any inspector, officer or investigator employed by this State or a political subdivision of this State designated by his or her employer:
κ2021 Statutes of Nevada, Page 666 (CHAPTER 151, SB 46)κ
(1) Who possesses specialized training in code enforcement;
(2) Who, as part of his or her normal job responsibilities, interacts with the public; and
(3) Whose primary duties are the performance of tasks related to code enforcement.
[(j)] (k) The spouse, domestic partner or minor child of a person described in paragraphs (a) to [(i),] (j), inclusive.
[(k)] (l) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to [(i),] (j), inclusive, who was killed in the performance of his or her duties.
2. Any nonprofit entity in this State that maintains a confidential location for the purpose of providing shelter to victims of domestic violence may request that the personal information described in subsection 4 of NRS 247.520 that is contained in the records of a county recorder be kept confidential.
3. As used in this section:
(a) Child protective services has the meaning ascribed to it in NRS 432B.042.
(b) Child welfare services has the meaning ascribed to it in NRS 432B.044.
(c) Code enforcement means the enforcement of laws, ordinances or codes regulating public nuisances or the public health, safety and welfare.
(d) Social worker means any person licensed under chapter 641B of NRS.
Sec. 2. NRS 250.140 is hereby amended to read as follows:
250.140 1. The following persons may request that personal information described in subsection 1, 2 or 3 of NRS 250.120 that is contained in the records of a county assessor be kept confidential:
(a) Any justice or judge in this State.
(b) Any senior justice or senior judge in this State.
(c) Any court-appointed master in this State.
(d) Any clerk of a court, court administrator or court executive officer in this State.
(e) Any peace officer or retired peace officer.
(f) Any prosecutor.
(g) Any state or county public defender.
(h) Any person employed by the Office of the Attorney General who prosecutes or defends actions on behalf of the State of Nevada or any agency in the Executive Department of the State Government.
(i) Any person, including without limitation, a social worker, employed by this State or a political subdivision of this State who as part of his or her normal job responsibilities interacts with the public and performs tasks related to child welfare services or child protective services or tasks that expose the person to comparable dangers.
[(i)] (j) Any county manager in this State.
[(j)] (k) Any inspector, officer or investigator employed by this State or a political subdivision of this State designated by his or her employer who possesses specialized training in code enforcement, interacts with the public and whose primary duties are the performance of tasks related to code enforcement.
[(k)] (l) The spouse, domestic partner or minor child of a person described in paragraphs (a) to [(j),] (k), inclusive.
κ2021 Statutes of Nevada, Page 667 (CHAPTER 151, SB 46)κ
[(l)] (m) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to [(j),] (k), inclusive, who was killed in the performance of his or her duties.
2. Any nonprofit entity in this State that maintains a confidential location for the purpose of providing shelter to victims of domestic violence may request that the personal information described in subsection 4 of NRS 250.120 that is contained in the records of a county assessor be kept confidential.
3. As used in this section:
(a) Child protective services has the meaning ascribed to it in NRS 432B.042.
(b) Child welfare services has the meaning ascribed to it in NRS 432B.044.
(c) Code enforcement means the enforcement of laws, ordinances or codes regulating public nuisances or the public health, safety and welfare.
(d) Peace officer means:
(1) Any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive; and
(2) Any person:
(I) Who resides in this State;
(II) Whose primary duties are to enforce the law; and
(III) Who is employed by a law enforcement agency of the Federal Government, including, without limitation, a ranger for the National Park Service and an agent employed by the Federal Bureau of Investigation, Secret Service, United States Department of Homeland Security or United States Department of the Treasury.
(e) Prosecutor has the meaning ascribed to it in NRS 241A.030.
(f) Social worker means any person licensed under chapter 641B of NRS.
Sec. 3. NRS 293.908 is hereby amended to read as follows:
293.908 1. The following persons may request that personal information contained in the records of the Secretary of State or a county or city clerk be kept confidential:
(a) Any justice or judge in this State.
(b) Any senior justice or senior judge in this State.
(c) Any court-appointed master in this State.
(d) Any clerk of a court, court administrator or court executive officer in this State.
(e) Any district attorney or attorney employed by the district attorney who as part of his or her normal job responsibilities prosecutes persons for:
(1) Crimes that are punishable as category A felonies; or
(2) Domestic violence.
(f) Any state or county public defender who as part of his or her normal job responsibilities defends persons for:
(1) Crimes that are punishable as category A felonies; or
(2) Domestic violence.
(g) Any person employed by the Office of the Attorney General who prosecutes or defends actions on behalf of the State of Nevada or any agency in the Executive Department of the State Government.
(h) Any person, including without limitation, a social worker, employed by this State or a political subdivision of this State who as part of his or her normal job responsibilities:
κ2021 Statutes of Nevada, Page 668 (CHAPTER 151, SB 46)κ
(1) Interacts with the public; and
(2) Performs tasks related to child welfare services or child protective services or tasks that expose the person to comparable dangers.
[(h)] (i) Any county manager in this State.
[(i)] (j) Any inspector, officer or investigator employed by this State or a political subdivision of this State designated by his or her employer:
(1) Who possess specialized training in code enforcement;
(2) Who, as part of his or her normal job responsibilities, interacts with the public; and
(3) Whose primary duties are the performance of tasks related to code enforcement.
[(j)] (k) The spouse, domestic partner or minor child of a person described in paragraphs (a) to [(i),] (j), inclusive.
[(k)] (l) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to [(i),] (j), inclusive, who was killed in the performance of his or her duties.
2. As used in this section:
(a) Child protective services has the meaning ascribed to it in NRS 432B.042.
(b) Child welfare services has the meaning ascribed to it in NRS 432B.044.
(c) Code enforcement means the enforcement of laws, ordinances or codes regulating public nuisances or the public health, safety and welfare.
(d) Social worker means any person licensed under chapter 641B of NRS.
Sec. 4. NRS 481.091 is hereby amended to read as follows:
481.091 1. The following persons may request that the Department display an alternate address on the persons drivers license, commercial drivers license or identification card:
(a) Any justice or judge in this State.
(b) Any senior justice or senior judge in this State.
(c) Any court-appointed master in this State.
(d) Any clerk of the court, court administrator or court executive officer in this State.
(e) Any prosecutor who as part of his or her normal job responsibilities prosecutes persons for:
(1) Crimes that are punishable as category A felonies; or
(2) Domestic violence.
(f) Any state or county public defender who as part of his or her normal job responsibilities defends persons for:
(1) Crimes that are punishable as category A felonies; or
(2) Domestic violence.
(g) Any person employed by the Office of the Attorney General who prosecutes or defends actions on behalf of the State of Nevada or any agency in the Executive Department of the State Government.
(h) Any person, including without limitation, a social worker, employed by this State or a political subdivision of this State who as part of his or her normal job responsibilities:
(1) Interacts with the public; and
(2) Performs tasks related to child welfare services or child protective services or tasks that expose the person to comparable dangers.
[(h)] (i) Any county manager in this State.
κ2021 Statutes of Nevada, Page 669 (CHAPTER 151, SB 46)κ
[(i)] (j) Any inspector, officer or investigator employed by this State or a political subdivision of this State designated by his or her employer:
(1) Who possesses specialized training in code enforcement;
(2) Who, as part of his or her normal job responsibilities, interacts with the public; and
(3) Whose primary duties are the performance of tasks related to code enforcement.
[(j)] (k) The spouse, domestic partner or minor child of a person described in paragraphs (a) to [(i),] (j), inclusive.
[(k)] (l) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to [(i),] (j), inclusive, who was killed in the performance of his or her duties.
2. A person who wishes to have an alternate address displayed on his or her drivers license, commercial drivers license or identification card pursuant to this section must submit to the Department satisfactory proof:
(a) That he or she is a person described in subsection 1; and
(b) Of the persons address of principal residence and mailing address, if different from the address of principal residence.
3. A person who obtains a drivers license, commercial drivers license or identification card that displays an alternate address pursuant to this section may subsequently submit a request to the Department to have his or her address of principal residence displayed on his or her drivers license, commercial drivers license or identification card instead of the alternate address.
4. The Department may adopt regulations to carry out the provisions of this section.
5. As used in this section:
(a) Child protective services has the meaning ascribed to it in NRS 432B.042.
(b) Child welfare services has the meaning ascribed to it in NRS 432B.044.
(c) Code enforcement means the enforcement of laws, ordinances or codes regulating public nuisances or the public health, safety and welfare.
(d) Social worker means any person licensed under chapter 641B of NRS.
Sec. 5. NRS 484A.480 is hereby amended to read as follows:
484A.480 1. Except as otherwise provided in NRS 484A.490, authorized emergency vehicles are vehicles publicly owned and operated in the performance of the duty of:
(a) A police or fire department.
(b) A sheriffs office.
(c) The Department of Public Safety, for vehicles that are:
(1) Operated in the performance of the duty of the Capitol Police Division, the Investigation Division, the Nevada Highway Patrol Division, the State Fire Marshal Division, the Training Division and the Office of the Director of the Department of Public Safety; or
(2) Designated an authorized emergency vehicle by the Director of the Department of Public Safety.
(d) The Office of the Attorney General.
(e) The Division of Forestry of the State Department of Conservation and Natural Resources in responding to a fire.
κ2021 Statutes of Nevada, Page 670 (CHAPTER 151, SB 46)κ
[(e)] (f) The Section for the Control of Emissions From Vehicles and the Enforcement of Matters Related to the Use of Special Fuel in the Department of Motor Vehicles.
[(f)] (g) A public ambulance agency.
[(g)] (h) A public lifeguard or lifesaving agency.
2. A vehicle publicly maintained in whole or in part by the State, or by a city or county, and privately owned and operated by a regularly salaried member of a police department, sheriffs office or traffic law enforcement department, is an authorized emergency vehicle if:
(a) The vehicle has a permit, pursuant to NRS 484A.490, from the Department of Public Safety;
(b) The person operates the vehicle in responding to emergency calls or fire alarms, or at the request of the Nevada Highway Patrol or in the pursuit of actual or suspected violators of the law; and
(c) The State, county or city does not furnish a publicly owned vehicle for the purposes stated in paragraph (b).
3. Every authorized emergency vehicle must be equipped with at least one flashing red warning lamp visible from the front and a siren for use as provided in chapters 484A to 484E, inclusive, of NRS, which lamp and siren must be in compliance with standards approved by the Department of Public Safety. In addition, an authorized emergency vehicle may display revolving, flashing or steady red or blue warning lights to the front, sides or rear of the vehicle.
4. An authorized emergency vehicle may be equipped with a system or device that causes the upper-beam headlamps of the vehicle to continue to flash alternately while the system or device is activated. The driver of a vehicle that is so equipped may use the system or device when responding to an emergency call or fire alarm, while escorting a funeral procession, or when in pursuit of an actual or suspected violator of the law. As used in this subsection, upper-beam headlamp means a headlamp or that part of a headlamp which projects a distribution of light or composite beam meeting the requirements of subsection 1 of NRS 484D.210.
5. Except as otherwise provided in subsection 4, a person shall not operate a motor vehicle with any system or device that causes the headlamps of the vehicle to continue to flash alternately or simultaneously while the system or device is activated. This subsection does not prohibit the operation of a motorcycle equipped with any system or device that modulates the intensity of light produced by the headlamp of the motorcycle, if the system or device is used only during daylight hours and conforms to the requirements of 49 C.F.R. § 571.108.
6. A person shall not operate a vehicle with any lamp or device displaying a red light visible from directly in front of the center of the vehicle except an authorized emergency vehicle, a school bus or an official vehicle of a regulatory agency.
7. A person shall not operate a vehicle with any lamp or device displaying a blue light, except a motorcycle pursuant to NRS 486.261 or an authorized emergency vehicle.
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κ2021 Statutes of Nevada, Page 671κ
Senate Bill No. 47Committee on Government Affairs
CHAPTER 152
[Approved: May 27, 2021]
AN ACT relating to state securities; revising provisions relating to the issuance of certain interim debentures to fund the general operations of the State; eliminating the expiration date of provisions authorizing the issuance of such interim debentures; making certain other temporary changes relating to state securities permanent; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Senate Bill No. 4 of the 31st Special Session authorized the State Board of Finance to issue certain interim debentures to pay for the general operations of the State until June 30, 2021, and established a procedure the Board is required to follow in order to determine whether to authorize such an issuance. This procedure requires the State Treasurer to submit a certification to the Board if he or she determines that: (1) the cash balance in the State General Fund has fallen below a certain percentage of its lowest average monthly balance for the immediately preceding 36 months; or (2) the cash balance in the State General Fund is insufficient to meet expected future obligations anticipated to be paid within the immediately succeeding 120 days. Upon receipt of such a certification, existing law requires the Board to determine the existence of either of those circumstances and, if so, authorizes the Board to issue general obligation interim debentures and special obligation interim debentures for the purpose of paying for the general operations of the State, subject to a maximum aggregate principal amount of any such interim debentures outstanding at one time of $150,000,000. (NRS 349.073; section 1 of Senate Bill No. 4, chapter 1, Statutes of Nevada 2020, 31st Special Session, at page 2)
Sections 3 and 4 of this bill remove the expiration date, thereby authorizing the issuance of such interim debentures on or after July 1, 2021. Section 1 of this bill revises the criteria and procedure for the issuance of the interim debentures. Specifically, section 1 replaces the existing criteria under which the State Treasurer is required to submit a certification with a requirement for the State Treasurer, if he or she determines that the cash balance in the State General Fund is insufficient to meet future obligations, to submit to the Secretary of the Interim Finance Committee: (1) a certification of that fact and the amount of the insufficiency; and (2) a request for approval of the issuance of general obligation interim debentures in an amount that does not exceed a maximum aggregate principal amount of $150,000,000. Section 1 then authorizes the Interim Finance Committee to consider the request and make a determination within 15 days after the date on which the certification and request are submitted regarding whether to approve or disapprove the request. If the Interim Finance Committee approves the request, section 1: (1) requires the Interim Finance Committee to establish by resolution the maximum amount of such interim debentures that may be issued; and (2) authorizes the Board to issue interim debentures in an amount not to exceed the maximum amount established by resolution. If the Interim Finance Committee does not consider or disapproves the request within the 15-day period, section 1 prohibits the State Board of Finance from issuing any such interim debentures. Section 2 of this bill makes a conforming change by authorizing the Interim Finance Committee to perform the duties prescribed by section 1 during a regular or special session.
Senate Bill No. 4 of the 31st Special Session made several other changes to the existing law relating to state securities that expired on June 30, 2021. First, with respect to items that are authorized to be paid from the Consolidated Bond Interest and Redemption Fund, section 2 of Senate Bill No. 4 temporarily changed the term bank service charges to bond administrative expenses, which includes expenses incurred to administer an interim debenture line of credit, notes or bonds.
κ2021 Statutes of Nevada, Page 672 (CHAPTER 152, SB 47)κ
bank service charges to bond administrative expenses, which includes expenses incurred to administer an interim debenture line of credit, notes or bonds. (NRS 349.110; section 2 of Senate Bill No. 4, chapter 1, Statutes of Nevada 2020, 31st Special Session, at page 3) Second, section 3 of Senate Bill No. 4 temporarily limited the type of act or resolution authorizing the issuance of state securities or any trust indenture or other instrument appertaining thereto that may fix a rate or rates of interest or provide for the determination of the rates or rates from time to time by a designated agent to: (1) securities bearing interest at a variable rate of interest; or (2) securities with a term of 270 days or less issued as commercial paper under a program for the issuance of commercial paper to be used for certain purposes. Section 3 also temporarily required such an act or resolution to specify the parameters for the interest rates if the interest rate is to be fixed by an agent. (NRS 349.227; section 3 of Senate Bill No. 4, chapter 1, Statutes of Nevada 2020, 31st Special Session, at page 3) Section 4 of Senate Bill No. 4 temporarily authorized the delegation of the authority to sign a contract for the purchase of bonds or to accept a binding bid for the bonds to the agent who is designated to fix interest rates. (NRS 349.303; section 4 of Senate Bill No. 4, chapter 1, Statutes of Nevada 2020, 31st Special Session, at page 4) Section 5 of Senate Bill No. 4 temporarily authorized: (1) the interim general obligation interim debentures and special obligation interim debentures issued as evidence of certain amounts borrowed by the State to be in the form of a note, bond or line of credit agreement, the proceeds of which are used for the general operations of the State or to pay the costs of a project; and (2) those interim debentures and the related bond administrative expenses to be secured by a pledge of security interest in and first lien on certain money and revenue. (NRS 349.318; section 5 of Senate Bill No. 4, chapter 1, Statutes of Nevada 2020, 31st Special Session, at page 4) Section 6 of Senate Bill No. 4 temporarily provided the period of maturity of an interim debenture in the form of a line of credit, which was temporarily authorized by section 5 of Senate Bill No. 4. (NRS 349.322; section 6 of Senate Bill No. 4, chapter 1, Statutes of Nevada 2020, 31st Special Session, at page 5) Section 3 of this bill makes the temporary changes made by sections 2-6 of Senate Bill No. 4 of the 31st Special Session permanent.
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 349.073 is hereby amended to read as follows:
349.073 1. [If at any time the State Treasurer determines that the cash balance in the State General Fund has fallen below 25 percent of its lowest average monthly balance for the immediately preceding 36 months or that the cash balance in the State General Fund is insufficient to meet expected future obligations anticipated to be paid within the immediately succeeding 120 calendar days, the State Treasurer shall submit a certification of that fact to the State Board of Finance. On the date on which the State Treasurer submits the certification to the State Board of Finance, the State Treasurer shall transmit notice of the certification to the Director of the Legislative Counsel Bureau for transmittal to the Legislature if the Legislature is in session, or to the Interim Finance Committee if the Legislature is not in session.
2. If the State Board of Finance determines that the cash balance in the State General Fund has fallen below 25 percent of its lowest average monthly balance for the immediately preceding 36 months or that the cash balance in the State General Fund is insufficient to meet expected future obligations anticipated to be paid within the immediately succeeding 120 days, the] The State Board of Finance may issue general obligation interim debentures payable from taxes or special obligation interim debentures, which may be in the form of a line of credit, note or bond as provided by NRS 349.318, for the purpose of paying for the general operations of the State, at any time or from time to time, in a face amount of not more than $150,000,000 [.]
κ2021 Statutes of Nevada, Page 673 (CHAPTER 152, SB 47)κ
120 days, the] The State Board of Finance may issue general obligation interim debentures payable from taxes or special obligation interim debentures, which may be in the form of a line of credit, note or bond as provided by NRS 349.318, for the purpose of paying for the general operations of the State, at any time or from time to time, in a face amount of not more than $150,000,000 [.] if a request for the issuance of such interim debentures is approved by the Interim Finance Committee pursuant to the procedure set forth in subsections 2 and 3. The aggregate principal amount of such interim debentures outstanding at one time may not exceed $150,000,000.
[3. In making its determination pursuant to subsection 2, the State Board of Finance is entitled to rely on the certification submitted by the State Treasurer pursuant to subsection 1. Any determination made by the State Board of Finance pursuant to subsection 2 is conclusive.]
2. If at any time the State Treasurer determines that the cash balance in the State General Fund is insufficient to meet expected future obligations, the State Treasurer shall submit to the Secretary of the Interim Finance Committee:
(a) A certification of that fact and the amount of the insufficiency; and
(b) A request for approval of the issuance of general obligation interim debentures pursuant to subsection 1 in an amount that does not exceed the limitation set forth in that subsection.
3. Within 15 days after the date on which such certification and request are submitted to the Secretary of the Interim Finance Committee, the Interim Finance Committee may consider the request and make a determination regarding whether to approve or disapprove the request. In determining whether to approve or disapprove the request, the Interim Finance Committee shall consider, among other things, the best interests of the State and the intent of the Legislature in enacting this provision. If the Interim Finance Committee approves the request, the Interim Finance Committee shall establish by resolution the maximum amount of such interim debentures that may be issued subject to the limitation set forth in subsection 1.
4. If the Interim Finance Committee does not consider or disapproves a request pursuant to the procedure set forth in subsection 3 within the 15-day period, the State Board of Finance shall not issue any such interim debentures.
[4.] 5. Proceeds from the sale of interim debentures issued pursuant to this section must be deposited in the State General Fund. The interest and income earned on the proceeds of the interim debentures, including any line of credit, note or bond, after deducting any applicable charges and bond administrative expenses, must be credited to the State General Fund and used for the general operations of the State.
[5.] 6. The provisions of NRS 349.150 to 349.364, inclusive, which are not inconsistent with the provisions of this section apply to the issuance of interim debentures under this section.
[6.] 7. Securities may be issued under this section without regard to the procedure required by any other such law except as otherwise provided in this section or in NRS 349.150 to 349.364, inclusive. Insofar as the provisions of this section are inconsistent with the provisions of any other law, general or special, the provisions of this section are controlling.
κ2021 Statutes of Nevada, Page 674 (CHAPTER 152, SB 47)κ
[7.] 8. This section being necessary to secure the public health, safety, convenience and welfare, shall be liberally construed to effect its purposes.
[8.] 9. As used in this section, bond administrative expense has the meaning ascribed to it in NRS 349.110.
Sec. 2. NRS 218E.405 is hereby amended to read as follows:
218E.405 1. Except as otherwise provided in subsection 2, the Interim Finance Committee may exercise the powers conferred upon it by law only when the Legislature is not in a regular or special session.
2. During a regular or special session, the Interim Finance Committee may also perform the duties imposed on it by NRS 228.1111, subsection 5 of NRS 284.115, NRS 285.070, subsection 2 of NRS 321.335, NRS 322.007, subsection 2 of NRS 323.020, NRS 323.050, subsection 1 of NRS 323.100, subsection 3 of NRS 341.126, NRS 341.142, paragraph (f) of subsection 1 of NRS 341.145, subsection 3 of NRS 349.073, NRS 353.220, 353.224, 353.2705 to 353.2771, inclusive, 353.288, 353.335, 353C.224, 353C.226, paragraph (b) of subsection 4 of NRS 407.0762, NRS 428.375, 439.4905, 439.620, 439.630, 445B.830, subsection 1 of NRS 445C.320 and NRS 538.650. In performing those duties, the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means may meet separately and transmit the results of their respective votes to the Chair of the Interim Finance Committee to determine the action of the Interim Finance Committee as a whole.
3. The Chair of the Interim Finance Committee may appoint a subcommittee consisting of six members of the Committee to review and make recommendations to the Committee on matters of the State Public Works Division of the Department of Administration that require prior approval of the Interim Finance Committee pursuant to subsection 3 of NRS 341.126, NRS 341.142 and paragraph (f) of subsection 1 of NRS 341.145. If the Chair appoints such a subcommittee:
(a) The Chair shall designate one of the members of the subcommittee to serve as the chair of the subcommittee;
(b) The subcommittee shall meet throughout the year at the times and places specified by the call of the chair of the subcommittee; and
(c) The Director or the Directors designee shall act as the nonvoting recording secretary of the subcommittee.
Sec. 3. Section 9 of chapter 1, Statutes of Nevada 2020, 31st Special Session, at page 5, is hereby amended to read as follows:
Sec. 9. This act becomes effective upon passage and approval . [and expires by limitation on June 30, 2021.]
Sec. 4. Section 8 of chapter 1, Statutes of Nevada 2020, 31st Special Session, at page 5, is hereby repealed.
Sec. 5. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 675κ
Senate Bill No. 54Committee on Natural Resources
CHAPTER 153
[Approved: May 27, 2021]
AN ACT relating to agriculture; revising the qualifications of the members of the State Board of Agriculture; increasing the membership of the Board; revising certain related provisions pertaining to the Board; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the State Board of Agriculture, consisting of 11 members, and sets forth the qualifications of the members. (NRS 561.045, 561.055) Sections 1 and 2 of this bill increase the membership of the Board to 13 members. Section 3 of this bill makes a conforming change by increasing from six to seven the number of members of the Board that constitute a quorum. (NRS 561.095) Section 2 also revises the membership of the Board by requiring that: (1) two members are actively engaged in range or semirange cattle production; (2) two members are actively engaged in growing crops, at least one of which is a specialty crop; (3) one member is working in the field of supplemental nutrition distribution; (4) one member is actively engaged in food manufacturing or animal processing; and (5) one member has veterinary experience in a mixed-animal or large-animal practice and is licensed to practice veterinary medicine in this State. Section 2 further removes the requirement that certain members be actively engaged in: (1) general farming; and (2) growing crops which are planted in rows. (NRS 561.055) Section 4 of this bill: (1) provides that each member who is serving on the Board on June 30, 2022, continues to serve until the expiration of his or her term or until a vacancy occurs, whichever occurs first; and (2) requires the Governor to appoint the members representing supplemental nutrition distribution, food manufacturing or animal processing and mixed-animal or large-animal veterinary practice to terms commencing on July 1, 2022.
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 561.045 is hereby amended to read as follows:
561.045 There is hereby created in the Department a State Board of Agriculture composed of [11] 13 members appointed by the Governor.
Sec. 2. NRS 561.055 is hereby amended to read as follows:
561.055 1. [Three members] The membership of the Board [must be] consists of:
(a) Two members who are actively engaged in range or semirange cattle production . [, one]
(b) One member who is actively engaged in dairy production . [, one]
(c) One member who is actively engaged in range or semirange sheep production . [, one in general farming, one]
(d) One member who is actively engaged in general agriculture . [, one in growing crops which are planted in rows spaced to permit mechanical cultivation, one]
(e) Two members who are actively engaged in growing crops, at least one of which is a specialty crop.
(f) One member who is actively engaged in the control of pests . [, one]
κ2021 Statutes of Nevada, Page 676 (CHAPTER 153, SB 54)κ
(g) One member who is actively engaged in the petroleum industry . [and one]
(h) One member who is actively engaged in raising nursery stock.
(i) One member who is working in the field of supplemental nutrition distribution.
(j) One member who is actively engaged in food manufacturing or animal processing.
(k) One member who has veterinary experience in a mixed-animal or large-animal practice and is licensed to practice veterinary medicine pursuant to chapter 638 of NRS.
2. Not more than two members may be residents of the same county . [, and the range or semirange cattle production members must be residents of different counties.]
Sec. 3. NRS 561.095 is hereby amended to read as follows:
561.095 1. The members of the Board may meet at such times and at such places as may be specified by the call of the Chair or a majority of the Board, and a meeting of the Board may be held regularly at least once every 3 months. In case of an emergency, special meetings may be called by the Chair or by the Director.
2. [Six] Seven members of the Board constitute a quorum. A quorum may exercise all the authority conferred on the Board.
3. Minutes and audio recordings or transcripts of each meeting, regular or special, must be filed with the Department and, except as otherwise provided in NRS 241.035, are public records. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.
Sec. 4. The amendatory provisions of section 2 of this act do not affect the current term of any person who, on June 30, 2022, is a member of the State Board of Agriculture, and each such member continues to serve until the expiration of his or her current term or until a vacancy occurs, whichever occurs first. On or before July 1, 2022, the Governor shall appoint to the State Board of Agriculture:
1. One person who satisfies the qualifications set forth in paragraph (i) of subsection 1 of NRS 561.055, as amended by section 2 of this act, to a term commencing on July 1, 2022;
2. One person who satisfies the qualifications set forth in paragraph (j) of subsection 1 of NRS 561.055, as amended by section 2 of this act, to a term commencing on July 1, 2022; and
3. One person who satisfies the qualifications set forth in paragraph (k) of subsection 1 of NRS 561.055, as amended by section 2 of this act, to a term commencing on July 1, 2022.
Sec. 5. 1. This section and section 4 of this act become effective upon passage and approval.
2. Sections 1, 2 and 3 of this act become effective on July 1, 2022.
________
κ2021 Statutes of Nevada, Page 677κ
Senate Bill No. 59Committee on Growth and Infrastructure
CHAPTER 154
[Approved: May 27, 2021]
AN ACT relating to the Public Utilities Commission of Nevada; prohibiting the filing of certain memoranda in a proceeding for judicial review of a final decision of the Commission; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under the Nevada Administrative Procedure Act, any party who is identified in an administrative proceeding as a party of record by an agency to which the Act applies and who is aggrieved by a final decision in a contested case is entitled to judicial review of the decision. (NRS 233B.130) The provisions of the Nevada Administrative Procedure Act do not apply to the judicial review of decisions of the Public Utilities Commission of Nevada. (NRS 233B.039) However, existing law entitles any party of record to a proceeding before the Commission to judicial review of a final decision of the Commission. Under existing law, after a petitioner seeking judicial review of a final decision of the Commission serves and files a memorandum of points and authorities, the Commission and any other respondents are required to serve and file a reply memorandum of points and authorities within 30 days. (NRS 703.373) This bill prohibits the filing of additional memoranda after the Commission and any other respondents have served and filed a reply memorandum.
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 703.373 is hereby amended to read as follows:
703.373 1. Any party of record to a proceeding before the Commission is entitled to judicial review of the final decision upon the exhaustion of all administrative remedies by the party of record seeking judicial review.
2. Proceedings for review may be instituted by filing a petition for judicial review in the District Court in and for Carson City, in and for the county in which the party of record seeking judicial review resides, or in and for the county where the act on which the proceeding is based occurred.
3. A petition for judicial review must be filed within 30 days after final action by the Commission on reconsideration or rehearing, or if the Commission takes no action on reconsideration or rehearing, within 30 days after the date on which reconsideration or rehearing is deemed denied. Copies of the petition for judicial review must be served upon the Commission and all other parties of record.
4. The Commission shall participate in the judicial review. Any party of record desiring to participate in the judicial review must file a statement of intent to participate in the petition for judicial review and serve the statement upon the Commission and every party within 15 days after service of the petition for judicial review.
5. Within 30 days after the service of the petition for judicial review or such time as is allowed by the court, the Commission shall transmit to the reviewing court a certified copy of the entire record of the proceeding under review, including a transcript of the evidence resulting in the final decision of the Commission.
κ2021 Statutes of Nevada, Page 678 (CHAPTER 154, SB 59)κ
review, including a transcript of the evidence resulting in the final decision of the Commission. The record may be shortened by stipulation of the parties to the proceedings.
6. A petitioner who is seeking judicial review must serve and file a memorandum of points and authorities within 30 days after the Commission gives written notice to the parties that the record of the proceeding under review has been filed with the court.
7. The Commission and any other respondents shall serve and file a reply memorandum of points and authorities within 30 days after service of the memorandum of points and authorities . [, whereupon the action is at issue and the] Upon service and filing of the reply memorandum by the Commission and any other respondents:
(a) No further memoranda may be filed; and
(b) The parties must be ready for a hearing upon 20 days notice.
8. Judicial review of a final decision of the Commission must be:
(a) Conducted by the court without a jury; and
(b) Confined to the record.
Κ In cases concerning alleged irregularities in procedure before the Commission that are not shown in the record, the court may receive evidence concerning the irregularities.
9. The final decision of the Commission shall be deemed reasonable and lawful until reversed or set aside in whole or in part by the court. The burden of proof is on the petitioner to show that the final decision is invalid pursuant to subsection 11.
10. All actions brought under this section have precedence over any civil action of a different nature pending in the court.
11. The court shall not substitute its judgment for that of the Commission as to the weight of the evidence on questions of fact. The court may affirm the decision of the Commission or set it aside in whole or in part if substantial rights of the petitioner have been prejudiced because the final decision of the Commission is:
(a) In violation of constitutional or statutory provisions;
(b) In excess of the statutory authority of the Commission;
(c) Made upon unlawful procedure;
(d) Affected by other error of law;
(e) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or
(f) Arbitrary or capricious or characterized by abuse of discretion.
Sec. 2. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 679κ
Senate Bill No. 60Committee on Growth and Infrastructure
CHAPTER 155
[Approved: May 27, 2021]
AN ACT relating to vehicles; revising provisions relating to applications for and the design of special license plates; requiring license plates issued for vehicles used in investigations conducted by certain governmental agencies to bear no distinguishing marks which indicate that the vehicles are owned by a governmental entity; making information related to such vehicles confidential; revising provisions governing the issuance and renewal of certain special license plates; removing provisions relating to the distribution of certain fees from the Pollution Control Account; revising provisions relating to the expiration of certain special permits for the movement of vehicles outside of the State; authorizing certain persons to operate a vehicle for a limited period of time without possessing a permit to operate a vehicle that is not currently registered; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires each special license plate that is not approved by the Legislature but is instead requested by a person and that is designed, prepared and issued to be designed and prepared in such a manner that: (1) the left-hand one-third of the plate is the only part of the plate on which is displayed any design or other insignia; and (2) the remainder of the plate conforms to the requirements for lettering and design that apply to license plates in general. (NRS 482.270) Section 4 of this bill removes these requirements, and section 1 of this bill instead requires that the Director of the Department of Motor Vehicles design and prepare each special license plate in such a manner that: (1) the left-hand one-third of the plate is the only part of the plate on which is displayed any design or other insignia; (2) for any passenger car or light commercial vehicle, the special license plate holds five positions that include a stacked character set assigned by the Department and a combination of letters and numbers that conform to the requirements for lettering and design that apply to license plates in general; and (3) for any motorcycle, the special license plate holds four positions that include a stacked character set assigned by the Department and a combination of letters and numbers that conform to the requirements for lettering and design that apply to license plates in general. Sections 2, 5, 7, 8, 11-14 and 16-18 of this bill make conforming changes to appropriately reference the provisions of section 1 in several sections of existing law regarding various kinds of special license plates.
Existing law authorizes a person to request that the Department design, prepare and issue a special license plate by submitting an application to the Department. Such an application may be accompanied by suggestions for the design of and colors to be used in the special license plate. (NRS 482.367002) Section 5 instead requires an application to be accompanied by suggestions for the design of and colors to be used in the special license plate and further requires that the suggestion be made in consultation with the charitable organization for which the special license plate is intended to generate financial support, if any. If the Department determines not to use the design or colors suggested by the person who requested the special license plate, section 5 requires: (1) the Department to notify the person and inform the person why the design or colors were not used; and (2) the person to consult with the applicable charitable organization, if any, and submit a revised suggestion within 180 days after receiving the notice from the Department. If the person does not submit the revised suggestion within 180 days, section 5 requires the Department to: (1) not issue the special license plate; and (2) notify certain persons.
κ2021 Statutes of Nevada, Page 680 (CHAPTER 155, SB 60)κ
suggestion within 180 days, section 5 requires the Department to: (1) not issue the special license plate; and (2) notify certain persons. Once the Department determines the design of and the colors to be used in the special license plate, section 5 requires the Department to submit the design and colors to the person who requested the special license plate and to the applicable charitable organization, if any. Section 5 gives the person and the applicable charitable organization, if any, 30 days to approve or submit suggestions to revise the design of and the colors to be used in the special license plate. Section 5 deems the design and colors approved if the person and the applicable charitable organization, if any, fail to respond within 30 days. Section 5 authorizes the Department to adopt regulations to carry out the provisions relating to the submission and approval of suggestions to revise the design of and colors to be used in a special license plate.
Section 6 of this bill provides that, for a new special license plate authorized by an act of the Legislature after July 1, 2021, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless an organization associated with the special license plate submits suggestions for the design of and colors to be used in the special license plate within 180 days after the authorization of the special license plate. Section 6 incorporates the 180-day submission period for a revised suggestion and the 30-day approval or revision period set forth in section 5.
Existing law requires the Department to provide suitable distinguishing license plates for vehicles which are exempt from the governmental services tax. Existing law provides that special license plates issued for vehicles used by certain governmental entities for certain purposes must not bear any distinguishing mark which would serve to identify the vehicles as owned by the State, county or city. Existing law requires license plates issued for such vehicles maintained for and used by investigators of certain governmental entities to not bear any distinguishing marks that would identify the vehicles as owned by the State, county or city. (NRS 482.368) Section 9 of this bill clarifies that the provisions apply to special license plates furnished for vehicles which are maintained for and used for investigations and undercover investigations conducted by investigators of certain governmental entities. Section 9 makes the information pertaining to the issuance or removal of special license plates for such vehicles confidential and requires the Department to securely maintain such information. Section 21 of this bill makes a conforming change excluding such confidential information from provisions relating to public records. Section 9 additionally: (1) makes it unlawful for a person to use such a vehicle for any purpose other than the investigation or undercover investigation for which the special license plate was issued; and (2) requires any special license plate issued for an investigation or undercover investigation to be returned immediately to the Department when the vehicle ceases to be used in the investigation or undercover investigation for which the special license plate was issued.
Existing law provides that the special license plates issued to certain governmental entities for certain purposes which do not bear any distinguishing mark which would serve to identify the vehicles as owned by the State, county or city are issued annually for $12 per plate or, if issued in sets, per set. (NRS 482.368) Section 9 requires such license plates to be renewed, rather than reissued, annually upon the payment of the same fee. Existing law requires the Department to reissue a license plate every 8 years at the time of renewal of each license plate. (NRS 482.265) Section 9 excepts the special license plates issued to certain governmental entities from the 8-year reissuance requirement. Section 3 makes a conforming change to account for this exception.
Existing law provides that the distinguishing license plates which are provided by the Department for exempt vehicles must not be confusingly similar to license plates that are generally issued. (NRS 482.369) Section 10 of this bill clarifies that this requirement does not apply to license plates issued to certain governmental entities for certain purposes that must not bear any distinguishing marks which would serve to identify the vehicles as owned by the State, county or city.
κ2021 Statutes of Nevada, Page 681 (CHAPTER 155, SB 60)κ
Under existing law, certain older vehicles which are eligible for certain special license plates are exempted from required emissions testing if the owner or operator of the vehicle certifies to the Department that the vehicle was not driven more than 5,000 miles during the immediately preceding year. The Department is required to collect from the person initially obtaining the special license plates for such a vehicle an additional fee which is equal to the fee the person would pay for the emissions testing form. The fees paid to the Department under such conditions must be accounted for in the Pollution Control Account. (NRS 445B.760, 445B.830, 482.381, 482.3812, 482.3814, 482.3816) During the 2019 Legislative Session, the Legislature enacted Assembly Bill No. 63 which clarified that the fees deposited in the Pollution Control Account must be distributed in the same manner and in the same proportion to the respective counties as all other excess money in the Account. (Assembly Bill No. 63, chapter 16, Statutes of Nevada 2019, at page 72) Sections 15-18 and 22 of this bill remove these provisions which were added by Assembly Bill No. 63.
Under existing law, if the Commission on Special License Plates determines that a charitable organization that benefits from additional fees charged for special license plates has failed to comply with certain laws governing such charitable organizations or the use of such fees, the Commission may recommend that the Department take certain disciplinary actions. (NRS 482.38279) Section 19 of this bill clarifies that the Department may act on such a recommendation from the Commission.
Existing law requires the Department to issue to any dealer, distributor, rebuilder or other person a special permit for the movement of any vehicle to sell outside the State of Nevada, or for the movement outside the State of any vehicle purchased by a nonresident. Such a permit is required to be affixed to the vehicle and expires 15 days after its issuance. (NRS 482.3955) Section 19.5 of this bill revises the expiration date of the permit to 30 days after its issuance.
Existing law authorizes a person who is not a dealer, manufacturer or rebuilder to apply to the Department for a permit to operate certain vehicles which: (1) are not currently registered in this State, another state or a foreign country; or (2) have been purchased by the applicant from a person who is not a dealer. (NRS 482.396) Section 20 of this bill authorizes a person to operate such a vehicle without such a permit for not more than 3 days if he or she carries in the vehicle proof of: (1) ownership or proof of purchase; and (2) liability insurance.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:
Except as otherwise provided in NRS 482.3667, 482.369, 482.375 and 482.379, the Director shall design and prepare each special license plate that is designed, prepared and issued pursuant to NRS 482.367002 in such a manner that:
1. The left-hand one-third of the plate is the only part of the plate on which is displayed any design or other insignia that is approved pursuant to NRS 482.367002.
2. For any passenger car or light commercial vehicle, the special license plate holds five positions to include:
(a) A stacked character set assigned by the Department; and
(b) A combination of letters and numbers selected by the Director that are:
(1) Similar to the combinations prescribed by NRS 482.270 and 482.2705; and
κ2021 Statutes of Nevada, Page 682 (CHAPTER 155, SB 60)κ
(2) The same size as are used on license plates issued pursuant to NRS 482.270 and 482.2705.
3. For any motorcycle, the special license plate holds four positions to include:
(a) A stacked character set assigned by the Department; and
(b) A combination of letters and numbers selected by the Director that are:
(1) Similar to the combinations prescribed by NRS 482.270; and
(2) The same size as are used on the license plates issued pursuant to NRS 482.270.
Sec. 2. NRS 482.2065 is hereby amended to read as follows:
482.2065 1. A trailer may be registered for a 3-year period as provided in this section.
2. A person who registers a trailer for a 3-year period must pay upon registration all fees and taxes that would be due during the 3-year period if he or she registered the trailer for 1 year and renewed that registration for 2 consecutive years immediately thereafter, including, without limitation:
(a) Registration fees pursuant to NRS 482.480 and 482.483.
(b) A fee for each license plate issued pursuant to NRS 482.268.
(c) Fees for the initial issuance, reissuance and renewal of a special license plate pursuant to NRS 482.265, if applicable.
(d) Fees for the initial issuance and renewal of a personalized prestige license plate pursuant to NRS 482.367, if applicable.
(e) Additional fees for the initial issuance and renewal of a special license plate issued pursuant to NRS 482.3667 to 482.3823, inclusive, and section 1 of this act which are imposed to generate financial support for a particular cause or charitable organization, if applicable.
(f) Governmental services taxes imposed pursuant to chapter 371 of NRS, as provided in NRS 482.260.
(g) The applicable taxes imposed pursuant to chapters 372, 374, 377 and 377A of NRS.
3. A license plate issued pursuant to this section will be reissued as provided in NRS 482.265 except that such reissuance will be done at the first renewal after the license plate has been issued for not less than 8 years.
4. As used in this section, the term trailer does not include a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483.
Sec. 3. NRS 482.265 is hereby amended to read as follows:
482.265 1. The Department shall furnish to every owner whose vehicle is registered two license plates for a motor vehicle other than a motorcycle or moped and one license plate for all other vehicles required to be registered hereunder. Except as otherwise provided in NRS 482.2085 and 482.2155, upon renewal of registration, the Department may issue one or more license plate stickers, tabs or other suitable devices in lieu of new license plates.
2. Except as otherwise provided in NRS 482.2065, 482.266, 482.2705, 482.274, 482.368, 482.379 and 482.37901, every 8 years the Department shall reissue a license plate or plates at the time of renewal of each license plate or plates issued pursuant to this chapter. The Director may adopt regulations to provide procedures for such reissuance.
κ2021 Statutes of Nevada, Page 683 (CHAPTER 155, SB 60)κ
3. The Director shall have the authority to require the return to the Department of all number plates upon termination of the lawful use thereof by the owner under this chapter.
4. Except as otherwise specifically provided by statute, for the issuance of each special license plate authorized pursuant to this chapter:
(a) The fee to be received by the Department for the initial issuance of the special license plate is $35, exclusive of any additional fee which may be added to generate funds for a particular cause or charitable organization;
(b) The fee to be received by the Department for the renewal of the special license plate is $10, exclusive of any additional fee which may be added to generate financial support for a particular cause or charitable organization; and
(c) The Department shall not design, prepare or issue a special license plate unless, within 4 years after the date on which the measure authorizing the issuance becomes effective, it receives at least 250 applications for the issuance of that plate.
5. The provisions of subsection 4 do not apply to NRS 482.37901.
Sec. 4. NRS 482.270 is hereby amended to read as follows:
482.270 1. Except as otherwise provided in this section or by specific statute, the Director shall order the redesign and preparation of motor vehicle license plates.
2. Except as otherwise provided in subsection 3, the Department may, upon the payment of all applicable fees, issue redesigned motor vehicle license plates.
3. The Department shall not issue redesigned motor vehicle license plates pursuant to this section to a person who was issued motor vehicle license plates before January 1, 1982, or pursuant to NRS 482.2155, 482.3747, 482.3763, 482.3783, 482.379 or 482.37901, without the approval of the person.
4. The Director may determine and vary the size, shape and form and the material of which license plates are made, but each license plate must be of sufficient size to be plainly readable from a distance of 100 feet during daylight. All license plates must be treated to reflect light and to be at least 100 times brighter than conventional painted number plates. When properly mounted on an unlighted vehicle, the license plates, when viewed from a vehicle equipped with standard headlights, must be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.
5. Every license plate must have displayed upon it:
(a) The registration number, or combination of letters and numbers, assigned to the vehicle and to the owner thereof;
(b) The name of this State, which may be abbreviated;
(c) If issued for a calendar year, the year; and
(d) Except as otherwise provided in NRS 482.2085, if issued for a registration period other than a calendar year, the month and year the registration expires.
[6. Each special license plate that is designed, prepared and issued pursuant to NRS 482.367002 must be designed and prepared in such a manner that:
(a) The left-hand one-third of the plate is the only part of the plate on which is displayed any design or other insignia that is suggested pursuant to paragraph (g) of subsection 2 of that section; and
κ2021 Statutes of Nevada, Page 684 (CHAPTER 155, SB 60)κ
(b) The remainder of the plate conforms to the requirements for lettering and design that are set forth in this section.]
Sec. 5. NRS 482.367002 is hereby amended to read as follows:
482.367002 1. A person may request that the Department design, prepare and issue a special license plate by submitting an application to the Department. A person may submit an application for a special license plate that is intended to generate financial support for an organization only if:
(a) For an organization which is not a governmental entity, the organization is established as a nonprofit charitable organization which provides services to the community relating to public health, education or general welfare;
(b) For an organization which is a governmental entity, the organization only uses the financial support generated by the special license plate for charitable purposes relating to public health, education or general welfare;
(c) The organization is registered with the Secretary of State, if registration is required by law, and has filed any documents required to remain registered with the Secretary of State;
(d) The name and purpose of the organization do not promote, advertise or endorse any specific product, brand name or service that is offered for profit;
(e) The organization is nondiscriminatory; and
(f) The license plate will not promote a specific religion, faith or antireligious belief.
2. An application submitted to the Department pursuant to subsection 1:
(a) Must be on a form prescribed and furnished by the Department;
(b) Must specify whether the special license plate being requested is intended to generate financial support for a particular cause or charitable organization and, if so:
(1) The name of the cause or charitable organization; and
(2) Whether the financial support intended to be generated for the particular cause or charitable organization will be for:
(I) General use by the particular cause or charitable organization; or
(II) Use by the particular cause or charitable organization in a more limited or specific manner;
(c) Must include the name and signature of a person who represents:
(1) The organization which is requesting that the Department design, prepare and issue the special license plate; and
(2) If different from the organization described in subparagraph (1), the cause or charitable organization for which the special license plate being requested is intended to generate financial support;
(d) Must include proof that the organization satisfies the requirements set forth in subsection 1;
(e) Must be accompanied by a surety bond posted with the Department in the amount of $5,000, except that if the special license plate being requested is one of the type described in subsection 3 of NRS 482.367008, the application must be accompanied by a surety bond posted with the Department in the amount of $20,000;
(f) Must, if the organization is a charitable organization, not including a governmental entity whose budget is included in the executive budget, include a budget prepared by or for the charitable organization which includes, without limitation, the proposed operating and administrative expenses of the charitable organization; and
κ2021 Statutes of Nevada, Page 685 (CHAPTER 155, SB 60)κ
includes, without limitation, the proposed operating and administrative expenses of the charitable organization; and
(g) [May] Must be accompanied by suggestions for the design of and colors to be used in the special license plate. The suggestion must be made in consultation with the charitable organization for which the special license plate is intended to generate financial support, if any.
3. If an application for a special license plate has been submitted pursuant to this section but the Department has not yet designed, prepared or issued the plate, the applicant shall amend the application with updated information when any of the following events take place:
(a) The name of the organization that submitted the application has changed since the initial application was submitted.
(b) The cause or charitable organization for which the special license plate being requested is intended to generate financial support has a different name than that set forth on the initial application.
(c) The cause or charitable organization for which the special license plate being requested is intended to generate financial support is different from that set forth on the initial application.
(d) A charitable organization which submitted a budget pursuant to paragraph (f) of subsection 2 prepares or has prepared a new or subsequent budget.
Κ The updated information described in this subsection must be submitted to the Department within 90 days after the relevant change takes place, unless the applicant has received notice that the special license plate is on an agenda to be heard at a meeting of the Commission on Special License Plates, in which case the updated information must be submitted to the Department within 48 hours after the applicant receives such notice. The updating of information pursuant to this subsection does not alter, change or otherwise affect the issuance of special license plates by the Department in accordance with the chronological order of their authorization or approval, as described in subsection 2 of NRS 482.367008.
4. The Department may design and prepare a special license plate requested pursuant to subsection 1 if:
(a) The Department determines that the application for that plate complies with subsection 2; and
(b) The Commission on Special License Plates recommends to the Department that the Department approve the application for that plate pursuant to subsection 5 of NRS 482.367004.
5. Upon making a determination to issue a special license plate pursuant to this section, the Department shall notify:
(a) The person who requested the special license plate pursuant to subsection 1;
(b) The charitable organization for which the special license plate is intended to generate financial support, if any; and
(c) The Commission on Special License Plates.
6. After making a determination to issue a special license plate pursuant to this section, if the Department determines not to use the design or colors suggested pursuant to paragraph (g) of subsection 2, the Department shall notify the person who requested the special license plate pursuant to subsection 1. The notice must include, without limitation, the reasons the Department did not use the design or colors suggested pursuant to paragraph (g) of subsection 2.
κ2021 Statutes of Nevada, Page 686 (CHAPTER 155, SB 60)κ
7. Within 180 days after receiving the notice pursuant to subsection 6, the person who requested the special license plate pursuant to subsection 1 shall, in consultation with the charitable organization for which the special license plate is intended to generate financial support, if any, submit a revised suggestion for the design of and colors to be used in the special license plate. If the person does not submit a revised suggestion within 180 days after receiving the notice pursuant to subsection 6, the Department must:
(a) Not issue the special license plate; and
(b) Notify:
(1) The person who requested the special license plate pursuant to subsection 1;
(2) The charitable organization for which the special license plate is intended to generate financial support, if any; and
(3) The Commission on Special License Plates.
8. After receiving the suggested design of and colors to be used in the special license plate pursuant to paragraph (g) of subsection 2 or subsection 7 and upon determining the design of and the colors to be used in the special license plate, the Department shall submit the design of and the colors to be used in the special license plate to the person who requested the special license plate pursuant to subsection 1 and to the charitable organization for which the special license plate is intended to generate financial support, if any. The person and the charitable organization, if any, shall respond to the Department within 30 days after receiving the design of and the colors to be used in the special license plate and shall:
(a) Approve the design of and the colors to be used in the special license plate; or
(b) Submit suggestions to revise the design of or colors to be used in the special license plate.
Κ If the person who requested the special license plate pursuant to subsection 1 and the charitable organization for which the special license plate is intended to generate financial support, if any, fail to respond within 30 days after receiving the design of and the colors to be used in the special license plate, the person and charitable organization shall be deemed to approve the design of and the colors to be used in the special license plate. The Department may adopt regulations to carry out this subsection.
9. Except as otherwise provided in NRS 482.367008, the Department may issue a special license plate that:
(a) The Department has designed and prepared pursuant to this section;
(b) The Commission on Special License Plates has recommended the Department approve for issuance pursuant to subsection 5 of NRS 482.367004; and
(c) Complies with the requirements of [subsection 6 of NRS 482.270,] section 1 of this act,
Κ for any motorcycle, passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with a special license plate issued pursuant to this section if that person pays the fees for personalized prestige license plates in addition to the fees for the special license plate.
κ2021 Statutes of Nevada, Page 687 (CHAPTER 155, SB 60)κ
section if that person pays the fees for personalized prestige license plates in addition to the fees for the special license plate.
[7.] 10. The Department must promptly release the surety bond posted pursuant to subsection 2:
(a) If the Department determines not to issue the special license plate;
(b) If the Department distributes the additional fees collected on behalf of a charitable organization to another charitable organization pursuant to subparagraph (3) of paragraph (b) of subsection 5 of NRS 482.38279 and the surety bond has not been released to the initial charitable organization; or
(c) If it is determined that at least 1,000 special license plates have been issued pursuant to the assessment of the viability of the design of the special license plate conducted pursuant to NRS 482.367008, except that if the special license plate is one of the type described in subsection 3 of NRS 482.367008, the Department must promptly release the surety bond posted pursuant to subsection 2 if it is determined that at least 3,000 special license plates have been issued pursuant to the assessment of the viability of the design of the special license plate conducted pursuant to NRS 482.367008.
[8.] 11. If, during a registration period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
Sec. 6. NRS 482.36705 is hereby amended to read as follows:
482.36705 1. Except as otherwise provided in subsection 2:
(a) If a new special license plate is authorized by an act of the Legislature after January 1, 2003, other than a special license plate that is authorized pursuant to NRS 482.379375, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the Department receives at least 1,000 applications for the issuance of that plate within 2 years after the effective date of the act of the Legislature that authorized the plate.
(b) In addition to the requirements set forth in paragraph (a), if a new special license plate is authorized by an act of the Legislature after July 1, 2005, the Legislature will direct that the license plate not be issued by the Department unless its issuance complies with subsection 2 of NRS 482.367008.
(c) In addition to the requirements set forth in paragraphs (a) and (b), if a new special license plate is authorized by an act of the Legislature after January 1, 2007, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the Commission on Special License Plates recommends to the Department that the Department approve the application for the authorized plate pursuant to NRS 482.367004.
(d) In addition to the requirements set forth in paragraphs (a), (b) and (c), if a new special license plate is authorized by an act of the Legislature after July 1, 2021, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the organization meeting the requirements described in subsection 1 of NRS 482.367002 submits suggestions for the design of and colors to be used in the special license plate within 180 days after the authorization of the special license plate.
κ2021 Statutes of Nevada, Page 688 (CHAPTER 155, SB 60)κ
submits suggestions for the design of and colors to be used in the special license plate within 180 days after the authorization of the special license plate. The provisions of subsections 6, 7 and 8 of NRS 482.367002 apply to suggestions submitted pursuant to this paragraph.
2. The provisions of subsection 1 do not apply with regard to special license plates that are issued pursuant to NRS 482.3746, 482.3751, 482.3752, 482.3757, 482.3783, 482.3785, 482.3787, 482.37901, 482.37902, 482.37906, 482.3791, 482.3794 or 482.3817.
Sec. 7. NRS 482.3672 is hereby amended to read as follows:
482.3672 1. An owner of a motor vehicle who is a resident of this State and who is regularly employed or engaged as an editor, reporter or photographer by a newspaper or television or radio station may, upon signed application on a form prescribed and provided by the Department, accompanied by:
(a) The fee charged for personalized prestige license plates in NRS 482.367 in addition to all other required registration fees and taxes; and
(b) A letter from the news director, editor or publisher of the periodical or station by whom the person is employed,
Κ be issued license plates upon which is inscribed PRESS with a number of characters, including numbers and letters, as determined necessary by the Director [.] pursuant to section 1 of this act.
2. Each person who is eligible for special license plates under this section may apply for one set of plates. The plates may be used only on a private passenger vehicle or a noncommercial truck.
3. When a person to whom special license plates have been issued pursuant to this section leaves the service of the newspaper or station which has provided the letter required by subsection 1, the person shall surrender any special plates he or she possesses to the Department and is entitled to receive regular Nevada license plates. Surrendered plates may be reissued or disposed of in a manner authorized by the regulations of the Department.
4. The Department may adopt regulations governing the issuance of special license plates to members of the press.
5. Special license plates issued pursuant to this section are renewable upon the payment of $10.
Sec. 8. NRS 482.3675 is hereby amended to read as follows:
482.3675 1. An owner of a motor vehicle who is a United States citizen or a citizen of a foreign country residing in this State and who holds from a foreign country a letter of appointment as an honorary consul may, upon signed application on a form prescribed and provided by the Department, accompanied by:
(a) The fee charged for personalized prestige license plates in NRS 482.367 in addition to all other required registration fees and taxes; and
(b) A copy of the letter of appointment from that country,
Κ be issued a set of license plates upon which is inscribed CONSULAR CORPS with a number of characters, including numbers and letters, as determined necessary by the Director [.] pursuant to section 1 of this act.
2. Each person who is eligible for special license plates under this section may apply for one set of plates. The plates may be used only on a private passenger vehicle or a noncommercial truck.
3. When a person to whom special license plates have been issued pursuant to this section loses his or her status as an honorary consul, the person shall surrender any special plates he or she possesses to the Department and is entitled to receive regular Nevada license plates.
κ2021 Statutes of Nevada, Page 689 (CHAPTER 155, SB 60)κ
Department and is entitled to receive regular Nevada license plates. Surrendered plates may be reissued or disposed of in a manner authorized by the regulations of the Department.
4. The Department may adopt regulations governing the issuance of special license plates to honorary consuls of foreign countries. The Department shall include on the form for application a notice to the applicant that the issuance of such license plates does not confer any diplomatic immunity.
5. Special license plates issued pursuant to this section are renewable upon the payment of $10.
Sec. 9. NRS 482.368 is hereby amended to read as follows:
482.368 1. Except as otherwise provided in subsection 2, the Department shall provide suitable distinguishing license plates for exempt vehicles. These plates must be displayed on the vehicles in the same manner as provided for privately owned vehicles. The fee for the issuance of the plates is $5. Any license plates authorized by this section must be immediately returned to the Department when the vehicle for which they were issued ceases to be used exclusively for the purpose for which it was exempted from the governmental services tax.
2. License plates furnished for:
(a) Those vehicles which are maintained for and used by the Governor or under the authority and direction of the Chief Parole and Probation Officer, the State Contractors Board and auditors, the State Fire Marshal, the Investigation Division of the Department of Public Safety and any authorized federal law enforcement agency or law enforcement agency from another state;
(b) One vehicle used by the Department of Corrections, three vehicles used by the Department of Wildlife, two vehicles used by the Caliente Youth Center and four vehicles used by the Nevada Youth Training Center;
(c) Vehicles of a city, county or the State, if authorized by the Department for the purposes of law enforcement or work related thereto ; [or such other purposes as are approved upon proper application and justification;]
(d) Two vehicles used by the office of the county coroner of any county which has created that office pursuant to NRS 244.163; and
(e) Vehicles maintained for and used for investigations and undercover investigations by investigators of the following:
(1) The Nevada Gaming Control Board;
(2) The State Department of Agriculture;
(3) The Attorney General;
(4) City or county juvenile officers;
(5) District attorneys offices;
(6) Public administrators offices;
(7) Public guardians offices;
(8) Sheriffs offices;
(9) Police departments in the State; [and]
(10) The Securities Division of the Office of the Secretary of State [,] ;
(11) The Investigation Division of the Department of Public Safety; and
(12) Any authorized federal law enforcement agency or law enforcement agency from another state,
κ2021 Statutes of Nevada, Page 690 (CHAPTER 155, SB 60)κ
Κ must not bear any distinguishing mark which would serve to identify the vehicles as owned by the United States, the State [,] of Nevada, any other state or any county or city. [These] The fee to be received by the Department for the initial issuance of these license plates [must be issued annually for] is $12 per plate or, if issued in sets, per set. Such license plates are renewable annually upon the payment of $12.
3. Except as otherwise provided in NRS 239.0115, information pertaining to the issuance or renewal of a license plate pursuant to paragraph (e) of subsection 2 is confidential and must be securely maintained by the Department.
4. It is unlawful for a person to use a vehicle furnished with a license plate pursuant to paragraph (e) of subsection 2 for any purpose other than the investigation or undercover investigation for which it was issued. Any license plate issued pursuant to paragraph (e) of subsection 2 must be returned immediately to the Department when the vehicle for which the license plate was issued ceases to be used for the investigation or undercover investigation for which it was issued.
5. The Director may enter into agreements with departments of motor vehicles of other states providing for exchanges of license plates of regular series for vehicles maintained for and used by investigators of the law enforcement agencies enumerated in paragraph (e) of subsection 2, subject to all of the requirements imposed by that paragraph, except that the fee required by that paragraph must not be charged.
[4.] 6. Applications for the [licenses] license plates must be made through the head of the agency, division, department, board, bureau, commission, school district or irrigation district, or through the chair of the board of county commissioners of the county or town or through the mayor of the city, owning or controlling the vehicles . [, and no] No plate or plates may be issued until [a] :
(a) A certificate has been filed with the Department showing that the name of the agency, division, department, board, bureau, commission, county, city, town, school district or irrigation district, as the case may be ; [,] and [the]
(b) The words For Official Use Only have been permanently and legibly affixed to each side of the vehicle, except those vehicles enumerated in subsection 2.
[5. As used in this section, exempt vehicle means a vehicle exempt from the governmental services tax, except a vehicle owned by the United States.
6.] 7. License plates issued pursuant to this section are not subject to reissue pursuant to subsection 2 of NRS 482.265.
8. The Department shall adopt regulations governing the use of all license plates provided for in this section. Upon a finding by the Department of any violation of its regulations, it may revoke the violators privilege of registering vehicles pursuant to this section.
9. As used in this section:
(a) Exempt vehicle means a vehicle exempt from the governmental services tax.
(b) Undercover investigation means an investigation that requires the use of a fictitious vehicle registration and license plate.
κ2021 Statutes of Nevada, Page 691 (CHAPTER 155, SB 60)κ
Sec. 10. NRS 482.369 is hereby amended to read as follows:
482.369 In providing the distinguishing plates to be issued pursuant to subsection 1 of NRS 482.368, the Director shall:
1. Select combinations of letters and numbers which are not confusingly similar to the combinations prescribed by NRS 482.270, 482.2705 and 482.274.
2. Employ letters and numbers of the same size as are used on license plates issued pursuant to NRS 482.270 and 482.2705.
Sec. 11. NRS 482.3755 is hereby amended to read as follows:
482.3755 1. An owner of a motor vehicle who is a resident of this State and is a member of the Nevada Wing of the Civil Air Patrol may, upon application on a form prescribed and furnished by the Department, signed by the member and his or her commanding officer and accompanied by proof of membership, be issued license plates upon which is inscribed CIVIL AIR PATROL with a number of characters, including numbers and letters, as determined necessary by the Director [.] pursuant to section 1 of this act. The fee for the special license plates is $35, in addition to all other applicable registration and license fees and governmental services taxes. The annual fee for a renewal sticker is $10.
2. Each member may request two sets of license plates as described in subsection 1. The second set of license plates for an additional vehicle must have a different number than the first set of license plates issued to the same member. The license plates may only be used on private passenger vehicles or noncommercial trucks.
3. Any member of the Nevada Wing of the Civil Air Patrol who retires or is honorably discharged may retain any license plates issued to the member pursuant to subsection 1. If a member is dishonorably discharged, he or she shall surrender any of these special plates in his or her possession to the Department at least 10 days before the members discharge and, in lieu of those plates, is entitled to receive regular Nevada license plates.
Sec. 12. NRS 482.376 is hereby amended to read as follows:
482.376 1. An owner of a motor vehicle who is a resident of this State and is an enlisted or commissioned member of the Nevada National Guard may, upon application on a form prescribed and furnished by the Department, signed by the member and his or her commanding officer and accompanied by proof of enlistment, be issued license plates upon which is inscribed NATL GUARD with a number of characters, including numbers and letters, as determined necessary by the Director [.] pursuant to section 1 of this act. The applicant shall comply with the laws of this State concerning motor vehicles, including the payment of the regular registration fees, as prescribed by this chapter. There is an additional fee of $5 for the issuance of those plates.
2. Each member may request two sets of license plates as described in subsection 1. The second set of license plates for an additional vehicle must have a different number than the first set of license plates issued to the same member. The license plates may only be used on private passenger vehicles or noncommercial trucks.
3. Any member of the Nevada National Guard other than the Adjutant General, who retires or is honorably discharged may retain any license plates issued to the member pursuant to subsection 1. The Adjutant General shall surrender any license plates issued to him or her as Adjutant General to the Department when he or she leaves office, and may then be issued special license plates as described in subsection 1.
κ2021 Statutes of Nevada, Page 692 (CHAPTER 155, SB 60)κ
license plates as described in subsection 1. If a member is dishonorably discharged, the member shall surrender any of these special plates in his or her possession to the Department at least 10 days before the members discharge and, in lieu of those plates, is entitled to receive regular Nevada license plates.
Sec. 13. NRS 482.3765 is hereby amended to read as follows:
482.3765 1. A veteran of the Armed Forces of the United States who survived the attack on Pearl Harbor on December 7, 1941, is entitled to specially designed license plates inscribed with the words PEARL HARBOR VETERAN or PEARL HARBOR SURVIVOR, at the option of the veteran, and a number of characters, including numbers and letters, as determined necessary by the Director [.] pursuant to section 1 of this act.
2. A person who qualifies for special license plates pursuant to this section, has suffered a qualifying service-connected disability as a result of his or her service in the Armed Forces of the United States and receives compensation from the United States for the disability is entitled to have his or her special license plates issued pursuant to this section inscribed with the international symbol of access, which must comply with any applicable federal standards and must be white on a blue background.
3. Each person who qualifies for special license plates pursuant to this section may apply for not more than two sets of plates. If the person applies for a second set of plates for an additional vehicle, the second set of plates must have a different number than the first set of plates issued to the same applicant. Special license plates issued pursuant to this section may be used only on a private passenger vehicle, a noncommercial truck or a motor home.
4. The Department shall issue specially designed license plates for persons qualified pursuant to this section who submit an application on a form prescribed by the Department and evidence of their status as a survivor and, if applicable and subject to the provisions of NRS 417.0187, evidence of disability required by the Department.
5. A vehicle on which license plates issued by the Department pursuant to subsection 2 are displayed is exempt from the payment of any parking fees, including those collected through parking meters, charged by the State or any political subdivision or other public body within the State, other than the United States.
6. If, during a registration year, the holder of a set of special license plates issued pursuant to 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 which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
7. The fee for a set of special license plates issued pursuant to this section is $25, in addition to all other applicable registration and license fees and governmental services taxes. The annual fee for a renewal sticker for a set of special license plates issued pursuant to this section is $5.
Sec. 14. NRS 482.377 is hereby amended to read as follows:
482.377 1. A veteran of the Armed Forces of the United States who, as a result of his or her service:
κ2021 Statutes of Nevada, Page 693 (CHAPTER 155, SB 60)κ
(a) Has suffered a qualifying service-connected disability and who receives compensation from the United States for the disability is entitled to specially designed license plates that must be inscribed with:
(1) The words DISABLED VETERAN, DISABLED FEMALE VETERAN or VETERAN WHO IS DISABLED, at the option of the veteran;
(2) The international symbol of access, which must comply with any applicable federal standards and must be white on a blue background; and
(3) A number of characters, including numbers and letters, as determined necessary by the Director [.] pursuant to section 1 of this act.
(b) Has been captured and held prisoner by a military force of a foreign nation is entitled to specially designed license plates inscribed with the words EX PRISONER OF WAR and a number of characters, including numbers and letters, as determined necessary by the Director [.] pursuant to section 1 of this act.
2. A person who qualifies for special license plates pursuant to paragraph (b) of subsection 1, has suffered a qualifying service-connected disability as a result of his or her service in the Armed Forces of the United States and receives compensation from the United States for the disability is entitled to have his or her special license plates issued pursuant to this section inscribed with the international symbol of access, which must comply with any applicable federal standards and must be white on a blue background.
3. Each person who qualifies for special license plates pursuant to this section may apply for not more than two sets of plates. If the person applies for a second set of plates for an additional vehicle, the second set of plates must have a different number than the first set of plates issued to the same applicant. Special license plates issued pursuant to this section may be used only on a private passenger vehicle, a noncommercial truck or a motor home.
4. The Department shall issue specially designed license plates for persons qualified pursuant to this section who submit an application on a form prescribed by the Department and, subject to the provisions of NRS 417.0187, evidence of disability, former imprisonment or both, as applicable, required by the Department.
5. A vehicle on which license plates issued by the Department pursuant to this section are displayed is exempt from the payment of any parking fees, including those collected through parking meters, charged by the State or any political subdivision or other public body within the State, other than the United States.
6. If, during a registration year, the holder of a set of special license plates issued pursuant to 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 which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
Sec. 15. NRS 482.381 is hereby amended to read as follows:
482.381 1. Except as otherwise provided in NRS 482.2655, the Department may issue special license plates and registration certificates to residents of Nevada for any motor vehicle which is a model manufactured more than 40 years before the date of application for registration pursuant to this section.
κ2021 Statutes of Nevada, Page 694 (CHAPTER 155, SB 60)κ
2. License plates issued pursuant to this section must bear the inscription Old Timer, and the plates must be numbered consecutively.
3. The Nevada Old Timer Club members shall bear the cost of the dies for carrying out the provisions of this section.
4. The Department shall charge and collect the following fees for the issuance of these license plates, which fees are in addition to all other license fees and applicable taxes:
(a) For the first issuance............................................................................... $35
(b) For a renewal sticker................................................................................. 10
5. In addition to the fees required pursuant to subsection 4, the Department shall charge and collect a fee for the first issuance of the license plates for those motor vehicles exempted pursuant to paragraph (b) of subsection 1 of NRS 445B.760 from the provisions of NRS 445B.770 to 445B.815, inclusive. The amount of the fee must be equal to the amount of the fee for a form certifying emission control compliance set forth in paragraph (c) of subsection 1 of NRS 445B.830.
6. Fees paid to the Department pursuant to subsection 5 must be accounted for in the Pollution Control Account created by NRS 445B.830 . [and distributed in accordance with subsection 6 of NRS 445B.830.]
Sec. 16. NRS 482.3812 is hereby amended to read as follows:
482.3812 1. Except as otherwise provided in NRS 482.2655, the Department may issue special license plates and registration certificates to residents of Nevada for any passenger car or light commercial vehicle:
(a) Having a manufacturers rated carrying capacity of 1 ton or less; and
(b) Manufactured not later than 1948.
2. License plates issued pursuant to this section must be inscribed with the words STREET ROD and a number of characters, including numbers and letters, as determined necessary by the Director [.] pursuant to section 1 of this act.
3. If, during a registration period, the holder of special plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, the holder shall retain the plates and:
(a) Affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
4. The fee for the special license plates is $35, in addition to all other applicable registration and license fees and governmental services taxes. The fee for an annual renewal sticker is $10.
5. In addition to the fees required pursuant to subsection 4, the Department shall charge and collect a fee for the first issuance of the special license plates for those motor vehicles exempted pursuant to paragraph (b) of subsection 1 of NRS 445B.760 from the provisions of NRS 445B.770 to 445B.815, inclusive. The amount of the fee must be equal to the amount of the fee for a form certifying emission control compliance set forth in paragraph (c) of subsection 1 of NRS 445B.830.
6. Fees paid to the Department pursuant to subsection 5 must be accounted for in the Pollution Control Account created by NRS 445B.830 . [and distributed in accordance with subsection 6 of NRS 445B.830.]
κ2021 Statutes of Nevada, Page 695 (CHAPTER 155, SB 60)κ
Sec. 17. NRS 482.3814 is hereby amended to read as follows:
482.3814 1. Except as otherwise provided in NRS 482.2655, the Department may issue special license plates and registration certificates to residents of Nevada for any passenger car or light commercial vehicle:
(a) Having a manufacturers rated carrying capacity of 1 ton or less; and
(b) Manufactured not earlier than 1949, but at least 20 years before the application is submitted to the Department.
2. Except as otherwise provided in subsection 3, license plates issued pursuant to this section must be inscribed with the words CLASSIC ROD and a number of characters, including numbers and letters, as determined necessary by the Director [.] pursuant to section 1 of this act.
3. A person may request personalized prestige license plates issued pursuant to NRS 482.3667 instead of a special license plate issued pursuant to subsection 2 if that person pays the fees for the personalized prestige license plates in addition to the fees required pursuant to this section.
4. If, during a registration year, the holder of special plates issued pursuant to subsection 2 or 3 disposes of the vehicle to which the plates are affixed, the holder shall retain the plates and:
(a) Affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
5. The fee for the special license plates is $35, in addition to all other applicable registration and license fees and governmental services taxes. The fee for an annual renewal sticker is $10.
6. In addition to the fees required pursuant to subsection 5, the Department shall charge and collect a fee for the first issuance of the special license plates for those motor vehicles exempted pursuant to paragraph (b) of subsection 1 of NRS 445B.760 from the provisions of NRS 445B.770 to 445B.815, inclusive. The amount of the fee must be equal to the amount of the fee for a form certifying emission control compliance set forth in paragraph (c) of subsection 1 of NRS 445B.830.
7. Fees paid to the Department pursuant to subsection 6 must be accounted for in the Pollution Control Account created by NRS 445B.830 . [and distributed in accordance with subsection 6 of NRS 445B.830.]
Sec. 18. NRS 482.3816 is hereby amended to read as follows:
482.3816 1. Except as otherwise provided in NRS 482.2655, the Department may issue special license plates and registration certificates to residents of Nevada for any passenger car or light commercial vehicle:
(a) Having a manufacturers rated carrying capacity of 1 ton or less;
(b) Manufactured at least 25 years before the application is submitted to the Department; and
(c) Containing only the original parts which were used to manufacture the vehicle or replacement parts that duplicate those original parts.
2. Except as otherwise provided in subsection 3, license plates issued pursuant to this section must be inscribed with the words CLASSIC VEHICLE and a number of characters, including numbers and letters, as determined necessary by the Director [.] pursuant to section 1 of this act.
3. A person may request personalized prestige license plates issued pursuant to NRS 482.3667 instead of a special license plate issued pursuant to subsection 2 if that person pays the fees for the personalized prestige license plates in addition to the fees required pursuant to this section.
κ2021 Statutes of Nevada, Page 696 (CHAPTER 155, SB 60)κ
to subsection 2 if that person pays the fees for the personalized prestige license plates in addition to the fees required pursuant to this section.
4. If, during a registration period, the holder of special plates issued pursuant to subsection 2 or 3 disposes of the vehicle to which the plates are affixed, the holder shall retain the plates and:
(a) Affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
5. The fee for the special license plates is $35, in addition to all other applicable registration and license fees and governmental services taxes. The fee for an annual renewal sticker is $10.
6. In addition to the fees required pursuant to subsection 5, the Department shall charge and collect a fee for the first issuance of the special license plates for those motor vehicles exempted pursuant to paragraph (b) of subsection 1 of NRS 445B.760 from the provisions of NRS 445B.770 to 445B.815, inclusive. The amount of the fee must be equal to the amount of the fee for a form certifying emission control compliance set forth in paragraph (c) of subsection 1 of NRS 445B.830.
7. Fees paid to the Department pursuant to subsection 6 must be accounted for in the Pollution Control Account created by NRS 445B.830 . [and distributed in accordance with subsection 6 of NRS 445B.830.]
Sec. 19. NRS 482.38279 is hereby amended to read as follows:
482.38279 1. If the Commission on Special License Plates determines that a charitable organization has failed to comply with one or more of the provisions of NRS 482.38277 or if, in a report provided to the Commission by the Legislative Auditor pursuant to NRS 482.38278 or 482.382785, the Legislative Auditor determines that a charitable organization has committed improper practices of financial administration, has filed with the Commission or the Department forms or records that are inadequate or inaccurate, or has failed to use adequate methods and procedures to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient, the Commission shall notify the charitable organization of that determination.
2. A charitable organization may request in writing a hearing, within 20 days after receiving notification pursuant to subsection 1, to respond to the determinations of the Commission or Legislative Auditor. The hearing must be held not later than 30 days after the receipt of the request for a hearing unless the parties, by written stipulation, agree to extend the time.
3. The Commission shall issue a decision on whether to uphold the original determination of the Commission or the Legislative Auditor or to overturn that determination. The decision required pursuant to this subsection must be issued:
(a) Immediately after the hearing, if a hearing was requested; or
(b) Within 30 days after the expiration of the 20-day period within which a hearing may be requested, if a hearing was not requested.
4. If the Commission decides to uphold its own determination that a charitable organization has failed to comply with one or more of the provisions of NRS 482.38277 or decides to uphold the determination of the Legislative Auditor that the organization has committed improper practices of financial administration, has filed with the Commission or the Department forms or records that are inadequate or inaccurate, or has failed to use adequate methods and procedures to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient, the Commission shall issue its decision in writing and may recommend that the Department:
κ2021 Statutes of Nevada, Page 697 (CHAPTER 155, SB 60)κ
forms or records that are inadequate or inaccurate, or has failed to use adequate methods and procedures to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient, the Commission shall issue its decision in writing and may recommend that the Department:
(a) Terminate production and distribution of the particular design of the special license plate and collection of all additional fees collected on behalf of the charitable organization, and allow any holder of the special license plate to continue to renew the plate without paying the additional fee;
(b) Suspend the production and distribution of the particular design of special license plates and collection of all additional fees collected on behalf of the charitable organization, if the Department is still producing that design and allow any holder of the special license plate to renew the plate without paying the additional fee; or
(c) Suspend the distribution of all additional fees collected on behalf of the charitable organization for a specified period and allow the production and distribution of the special license plate and the collection of additional fees to continue if the Department is still producing that design, and allow holders of the special license plates to renew the plate with the payment of the additional fees.
Κ The Department may act on such a recommendation from the Commission.
5. If the Commission recommends that the Department take the action described in paragraph (c) of subsection 4, the Department, in consultation with the Commission, shall inform the charitable organization in writing of the corrective actions that must be taken and upon conclusion of the suspension determine whether the charitable organization completed the corrective actions. If the Department, in consultation with the Commission, determines that the charitable organization:
(a) Completed the corrective actions, the Department, in consultation with the Commission, may terminate the suspension and forward to the charitable organization any additional fees collected on behalf of the charitable organization during the suspension.
(b) Has not completed the corrective actions, the Department, in consultation with the Commission, may:
(1) Extend the period of the suspension, but not more than one time;
(2) Terminate production and distribution of the special license plate and collection of all additional fees on behalf of the charitable organization, allow any holders of the special license plate to renew the plate without paying the additional fee and distribute all fees collected during the suspension in a manner determined by the Department, in consultation with the Commission; or
(3) Continue production and distribution of the special license plate and, in consultation with the Commission, distribute all additional fees collected, including any fees held during the suspension, to another charitable organization that:
(I) Submits an application to the Department on a form prescribed and furnished by the Department;
(II) Meets all applicable requirements of subsection 1 of NRS 482.367002 for a charitable organization seeking to receive financial support from a special license plate; and
κ2021 Statutes of Nevada, Page 698 (CHAPTER 155, SB 60)κ
(III) Provides evidence satisfactory to the Department, in consultation with the Commission, that the additional fees collected on behalf of the charitable organization will be used for a purpose similar to the purpose for which the additional fees were intended to be used by the initial charitable organization.
6. If, in accordance with subsection 4 or paragraph (b) of subsection 5, the Commission recommends that the Department take adverse action against a charitable organization, the Commission shall notify the charitable organization, in writing, of that fact within 30 days after making the recommendation and include a description of any necessary corrective action that must be taken by the charitable organization, if applicable. A charitable organization aggrieved by a recommendation of the Commission may, within 30 days after the date on which it received notice of the recommendation, submit to the Department any facts, evidence or other information that it believes is relevant to the propriety of the Commissions recommendation. Within 30 days after receiving all facts, evidence and other relevant information submitted to the Department by the aggrieved charitable organization, the Department shall render a decision, in writing, as to whether the Department accepts or rejects the Commissions recommendation. The decision of the Department is a final decision for the purpose of judicial review.
Sec. 19.5. NRS 482.3955 is hereby amended to read as follows:
482.3955 1. The Department shall issue to any dealer, distributor, rebuilder or other person, upon request, and upon payment of a fee of $8.25, a special permit, in a form to be determined by the Department, for the movement of any vehicle to sell outside the State of Nevada, or for the movement outside the State of any vehicle purchased by a nonresident. The permit must be affixed to the vehicle to be so moved in a manner and position to be determined by the Department, and expires [15] 30 days after its issuance.
2. The Department may issue a permit to a resident of this State who desires to move an unregistered vehicle within the State upon the payment of a fee of $8.25. The permit is valid for 24 hours.
3. The Department shall, upon the request of a charitable organization which intends to sell a vehicle which has been donated to the organization, issue to the organization a permit for the operation of the vehicle until the vehicle is sold by the organization. The Department shall not charge a fee for the issuance of the permit.
Sec. 20. NRS 482.396 is hereby amended to read as follows:
482.396 1. A person who is not a dealer, manufacturer or rebuilder may apply to the Department for a permit to operate a vehicle which:
(a) Is not subject to the provisions of NRS 482.390, 482.395 and 706.801 to 706.861, inclusive; and
(b) Is not currently registered in this State, another state or a foreign country, or has been purchased by the applicant from a person who is not a dealer.
2. The Department shall adopt regulations imposing a fee for the issuance of the permit.
3. Each permit must:
(a) Bear the date of expiration in numerals of sufficient size to be plainly readable from a reasonable distance during daylight;
(b) Expire at 5 p.m. not more than 60 days after its date of issuance;
κ2021 Statutes of Nevada, Page 699 (CHAPTER 155, SB 60)κ
(c) Be affixed to the vehicle in the manner prescribed by the Department; and
(d) Be removed and destroyed upon its expiration or the issuance of a new permit or a certificate of registration for the vehicle, whichever occurs first.
4. The Department may authorize the issuance of more than one permit for the vehicle to be operated by the applicant.
5. A person who is not a dealer, manufacturer or rebuilder who purchased a vehicle described in subsection 1 may move the vehicle without being issued a permit pursuant to this section for 3 days after the date of purchase if the person carries in the vehicle:
(a) Proof of ownership or proof of purchase; and
(b) Proof of liability insurance.
Sec. 21. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290,
κ2021 Statutes of Nevada, Page 700 (CHAPTER 155, SB 60)κ
432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 437.145, 437.207, 439.4941, 439.840, 439.914, 439B.420, 439B.754, 439B.760, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2673, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.3415, 632.405, 633.283, 633.301, 633.4715, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.221, 641.325, 641A.191, 641A.262, 641A.289, 641B.170, 641B.282, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.
κ2021 Statutes of Nevada, Page 701 (CHAPTER 155, SB 60)κ
if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.
4. If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic medium. Nothing in this subsection requires a governmental entity to provide a copy of a public record in an electronic format or by means of an electronic medium if:
(a) The public record:
(1) Was not created or prepared in an electronic format; and
(2) Is not available in an electronic format; or
(b) Providing the public record in an electronic format or by means of an electronic medium would:
(1) Give access to proprietary software; or
(2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.
5. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
Sec. 22. NRS 445B.830 is hereby amended to read as follows:
445B.830 1. In areas of the State where and when a program is commenced pursuant to NRS 445B.770 to 445B.815, inclusive, the following fees must be paid to the Department of Motor Vehicles and accounted for in the Pollution Control Account, which is hereby created in the State General Fund:
(a) For the issuance and annual renewal of a license for an authorized inspection station, authorized station or fleet station............................................................................................................................................................................................ $25
(b) For each set of 25 forms certifying emission control compliance........................................................................ 150
(c) For each form issued to a fleet station............................................................................................................................ 6
2. Except as otherwise provided in subsection 6, and after deduction of the amounts distributed pursuant to subsection 4, money in the Pollution Control Account may, pursuant to legislative appropriation or with the approval of the Interim Finance Committee, be expended by the following agencies in the following order of priority:
(a) The Department of Motor Vehicles to carry out the provisions of NRS 445B.770 to 445B.845, inclusive.
(b) The State Department of Conservation and Natural Resources to carry out the provisions of this chapter.
(c) The State Department of Agriculture to carry out the provisions of NRS 590.010 to 590.150, inclusive.
(d) Local air pollution control agencies in nonattainment or maintenance areas for an air pollutant for which air quality criteria have been issued pursuant to 42 U.S.C. § 7408, for programs related to the improvement of the quality of the air.
κ2021 Statutes of Nevada, Page 702 (CHAPTER 155, SB 60)κ
(e) The Tahoe Regional Planning Agency to carry out the provisions of NRS 277.200 with respect to the preservation and improvement of air quality in the Lake Tahoe Basin.
3. The Department of Motor Vehicles may prescribe by regulation routine fees for inspection at the prevailing shop labor rate, including, without limitation, maximum charges for those fees, and for the posting of those fees in a conspicuous place at an authorized inspection station or authorized station.
4. The Department of Motor Vehicles shall make quarterly distributions of money in the Pollution Control Account to local air pollution control agencies in nonattainment or maintenance areas for an air pollutant for which air quality criteria have been issued pursuant to 42 U.S.C. § 7408. The distributions of money made to agencies in a county pursuant to this subsection must be made from an amount of money in the Pollution Control Account that is equal to one-sixth of the amount received for each form issued in the county pursuant to subsection 1.
5. Each local air pollution control agency that receives money pursuant to subsections 4 and 6 shall, not later than 45 days after the end of the fiscal year in which the money is received, submit to the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee a report on the use of the money received.
6. The Department of Motor Vehicles shall make annual distributions of excess money in the Pollution Control Account to local air pollution control agencies in nonattainment or maintenance areas for an air pollutant for which air quality criteria have been issued pursuant to 42 U.S.C. § 7408, for programs related to the improvement of the quality of the air. The distributions of excess money made to local air pollution control agencies in a county pursuant to this subsection must be made in an amount proportionate to the number of forms issued in the county pursuant to subsection 1 . [and an amount proportionate to the amount of fees paid in the county pursuant to NRS 482.381, 482.3812, 482.3814 and 482.3816.] As used in this subsection, excess money means [:
(a) The] the money in excess of $1,000,000 remaining in the Pollution Control Account at the end of the fiscal year, after deduction of the amounts distributed pursuant to subsection 4 and any disbursements made from the Account pursuant to subsection 2 . [; and
(b) The money deposited in the Pollution Control Account by the Department of Motor Vehicles pursuant to NRS 482.381, 482.3812, 482.3814 and 482.3816.]
7. The Department of Motor Vehicles shall provide for the creation of an advisory committee consisting of representatives of state and local agencies involved in the control of emissions from motor vehicles. The committee shall:
(a) Establish goals and objectives for the program for control of emissions from motor vehicles;
(b) Identify areas where funding should be made available; and
(c) Review and make recommendations concerning regulations adopted pursuant to NRS 445B.770.
Sec. 23. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 703κ
Senate Bill No. 63Committee on Natural Resources
CHAPTER 156
[Approved: May 27, 2021]
AN ACT relating to hemp; requiring the submission of an application for registration as a grower, handler or producer of hemp to the State Department of Agriculture on or before July 1 of any year; requiring a complete set of fingerprints to accompany an application for registration as a grower, handler or producer in certain circumstances; setting forth certain requirements for the sampling and testing of hemp; authorizing a grower to perform remediation activities on a growing crop of hemp that has a THC concentration that exceeds federal limits to render the crop compliant; revising the circumstances under which the Department is authorized to refuse to issue or renew, suspend or revoke a registration as a grower, handler or producer; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the growing and handling of hemp and the production of agricultural hemp seed by persons registered with the State Department of Agriculture. (NRS 557.200) Section 1 of this bill requires that an application for registration as a grower, handler or producer be submitted to the Department on or before July 1 of any year and requires the applicant to submit a complete set of the applicants fingerprints and written permission authorizing the Department to forward the fingerprints to the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing. In lieu of submitting a complete set of fingerprints, section 1 authorizes an applicant to submit any document or other information required by the Department to perform a background check to verify eligibility in accordance with federal regulations. (7 C.F.R. § 990.6)
Existing federal law authorizes the production of hemp under the primary jurisdiction of a state or Indian tribe if the state or Indian tribe submits to the United States Secretary of Agriculture a plan that satisfies certain requirements. (7 U.S.C. § 1639p) Existing federal regulations set forth requirements for such a plan. (7 C.F.R. §§ 990.2-990.8)
Existing law authorizes the Department to inspect any growing crop of a grower and take a representative sample for analysis in the field. The Department may detain, seize or embargo the crop if the testing of such a sample determines that the crop contains a THC concentration that exceeds the maximum THC concentration established by federal law for hemp. (NRS 557.240) Section 1.5 of this bill removes the authority of the Department to detain, seize or embargo the crop pursuant to such an analysis and instead provides the grower with the option to submit a plan to perform remediation activities in order to render the crop compliant. If the grower fails to submit or comply with such a remediation plan or the remediation fails, the Department may detain, seize or embargo the crop.
Existing federal law and regulations require a state plan to include certain procedures for the sampling and testing of hemp. (7 U.S.C. § 1639p; 7 C.F.R. § 990.3) Existing state law requires a grower or producer to submit to the Department or a cannabis independent testing laboratory approved by the Department a sample of each crop of hemp for testing before harvesting. (NRS 557.270) Section 2 of this bill revises this requirement to instead require the Department to collect a sample of each crop of hemp for testing before it is harvested. Section 2 then requires a grower or producer to harvest a crop within a specified period of time after the Department collects such a sample. If a grower or producer does not harvest a crop within that period of time, section 2 prohibits the grower or producer from harvesting the crop until the Department has collected a new sample.
κ2021 Statutes of Nevada, Page 704 (CHAPTER 156, SB 63)κ
until the Department has collected a new sample. Section 2 further requires such a sample to be tested and a report of the results of such testing to be issued to the grower or producer. Under section 2, if a grower or producer harvests a crop before a sample has been collected by the Department: (1) the crop is deemed to have failed the required testing; and (2) the Department is prohibited from renewing the registration of the grower or producer.
Existing federal regulations require a state plan to exclude from participation in the states program for the production of hemp any person who materially falsifies any information contained in an application to participate in the program. (7 C.F.R. § 990.6) Section 3 of this bill authorizes the Department to refuse to issue or renew, suspend or revoke the registration of a grower, handler or producer who materially falsifies any information in an application for registration submitted to the Department. Additionally, section 3 authorizes the Department to take such action against a person who: (1) grows, handles or produces hemp in a manner that is inconsistent with the information submitted to the Department in the approved application for registration; or (2) fails to comply with applicable local ordinances or rules. Finally, section 3 authorizes the Department to refuse to issue a registration as a grower, handler or producer to a person who has previously had such a registration refused or revoked for certain specified reasons.
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 557.200 is hereby amended to read as follows:
557.200 1. A person shall not grow or handle hemp or produce agricultural hemp seed unless the person is registered with the Department as a grower, handler or producer, as applicable.
2. A person who wishes to grow or handle hemp must register with the Department as a grower or handler, as applicable.
3. A person who wishes to produce agricultural hemp seed must register with the Department as a producer unless the person is:
(a) A grower registered pursuant to subsection 2 who retains agricultural hemp seed solely pursuant to subsection 3 of NRS 557.250; or
(b) A grower or handler registered pursuant to subsection 2 who processes seeds of any plant of the genus Cannabis which are incapable of germination into commodities or products.
Κ A person may not register as a producer unless the person is also registered as a grower or handler.
4. A person who wishes to register with the Department as a grower, handler or producer must , on or before July 1 of any year, submit to the Department the fee established pursuant to subsection 8 and an application, on a form prescribed by the Department, which includes:
(a) The name and address of the applicant;
(b) The name and address of the applicants business in which hemp or agricultural hemp seed will be grown, handled or produced, if different than that of the applicant;
(c) Information concerning the land and crop management practices of the applicant; and
(d) Such other information as the Department may require by regulation.
5. Registration as a grower, handler or producer expires on December 31 of each year and may be renewed upon submission of an application for renewal containing:
κ2021 Statutes of Nevada, Page 705 (CHAPTER 156, SB 63)κ
(a) Proof satisfactory to the Department that the applicant complied with the provisions of this chapter and the regulations adopted pursuant thereto relating to testing of hemp;
(b) Proof satisfactory to the Department that the land and crop management practices of the applicant are adequate, consistent with any previous information submitted to the Department and do not negatively affect natural resources; and
(c) Such other information as the Department may require by regulation.
6. A grower, handler or producer who intends to surrender or not renew a registration must notify the Department not less than 30 days before the registration is surrendered or expires and submit to the Department a plan for the effective disposal or eradication of any existing live plants, viable seed or harvested crop.
7. The Department shall adopt regulations that authorize the transfer of a registration as a grower, handler or producer and establish conditions for such a transfer. The regulations must include, without limitation, provisions which allow a grower, handler or producer which changes its business name or the ownership of the grower, handler or producer to transfer its registration to the new entity.
8. The Department shall establish by regulation fees for the issuance and renewal of registration as a grower, handler or producer and for any other service performed by the Department in an amount necessary to cover the costs of carrying out this chapter.
9. For the purpose of demonstrating compliance with 7 C.F.R. § 990.6, each applicant to register as a grower, handler or producer or to transfer such a registration must submit with his or her application a complete set of the applicants fingerprints and written permission authorizing the Department to forward the fingerprints to the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints of the applicant.
10. In lieu of submitting a complete set of his or her fingerprints and written permission pursuant to subsection 9, an applicant may, in accordance with regulations adopted by the Department, submit any document or other information required by the Department to perform a background check of the applicant to verify the eligibility of the applicant in accordance with 7 C.F.R. § 990.6.
Sec. 1.5. NRS 557.240 is hereby amended to read as follows:
557.240 1. A grower or handler shall keep and maintain for a period of not less than 3 years such records as the Department may prescribe by regulation and, upon 3 days notice, make such records available to the Department for inspection during normal business hours. The Department may inspect records pursuant to this subsection to determine whether a person has complied with the provisions of this chapter, the regulations adopted pursuant thereto and any lawful order of the Department.
2. The Department may inspect any growing crop of a grower and take a representative sample for analysis in the field. If the testing of such a sample in the field determines that the crop contains a THC concentration that exceeds the maximum THC concentration established by federal law for hemp [:
(a) The Department may detain, seize or embargo the crop; and
(b) The] , the grower shall submit a plan for the effective disposal or remediation of the crop to the Department for its approval.
κ2021 Statutes of Nevada, Page 706 (CHAPTER 156, SB 63)κ
3. If a crop has been determined pursuant to subsection 2 to contain a THC concentration that exceeds the maximum THC concentration established by federal law for hemp, the grower of the crop may elect to perform remediation activities to render the crop compliant. After a grower performs remediation activities pursuant to a plan for the effective remediation of a crop approved pursuant to subsection 2, an additional inspection, sampling and testing of the crop must be conducted to determine the THC concentration of the crop.
4. If a grower fails to submit an approved plan to the Department pursuant to [paragraph (b) of] subsection 2 or fails to follow the provisions of such a plan, or if a crop continues to contain a THC concentration that exceeds the maximum THC concentration established by federal law for hemp after remediation pursuant to subsection 3, the Department may:
(a) Impose any additional requirement it determines necessary upon the grower;
(b) Suspend or revoke the registration of the grower;
(c) Impose an administrative fine pursuant to NRS 557.280 on the grower;
(d) Report the grower to the appropriate local law enforcement agency for investigation of a violation of the provisions of chapter 453 of NRS [.] ; or
(e) Detain, seize or embargo the crop.
[4.] 5. If the Department determines that the land or crop management practices of a grower, handler or producer are inadequate, inconsistent with the information concerning such practices submitted to the Department pursuant to NRS 557.200 or negatively affect natural resources, the Department may impose an administrative fine pursuant to NRS 557.280.
Sec. 2. NRS 557.270 is hereby amended to read as follows:
557.270 1. A grower, handler or producer may submit hemp or a commodity or product made using hemp, other than a commodity or product described in subsection 1 of NRS 439.532, to a cannabis independent testing laboratory for testing pursuant to this section and a cannabis independent testing laboratory may perform such testing.
2. [A grower or producer shall, before harvesting, submit] Before the harvest of any crop, the Department shall collect a sample of [each] the crop . [to the] A grower or producer must harvest a crop in a timely manner after the collection of such a sample and within the period of time prescribed in the regulations promulgated by the Secretary of Agriculture of the United States pursuant to 7 U.S.C. § 1639r. A grower or producer who does not harvest a crop within that period of time shall not harvest the crop before the Department has collected a new sample of the crop.
3. The Department or a cannabis independent testing laboratory approved by the Department shall test each sample collected pursuant to subsection 2 to determine whether the crop has a THC concentration that exceeds the maximum THC concentration established by federal law for hemp. The Department may adopt regulations relating to such testing which include, without limitation:
(a) Protocols and procedures for the testing of a crop, including, without limitation, determining appropriate standards for sampling and for the size of batches for testing; and
(b) A requirement that a cannabis independent testing laboratory provide the results of the testing directly to the Department in a manner prescribed by the Department.
κ2021 Statutes of Nevada, Page 707 (CHAPTER 156, SB 63)κ
[3.] 4. When the Department has obtained the results of the testing required by subsection 3, the Department shall issue to the grower or producer of the crop a report of the results of the testing which must include, without limitation, the THC concentration of the crop.
5. A crop which is harvested before [the testing required by] a sample has been collected by the Department pursuant to subsection 2 [is completed] shall be deemed to have failed the testing required by subsection 3 and may be detained, seized or embargoed by the Department. The Department shall not renew the registration of a grower or producer who harvests a crop before [the testing required by] a sample has been collected by the Department pursuant to subsection 2 . [is completed.
4.] 6. Except as otherwise provided in subsection [3] 5 and by federal law, a grower or producer whose crop fails a test prescribed by the Department pursuant to this section may [submit] request that the Department collect a new sample of that same crop for retesting. The Department shall adopt regulations establishing protocols and procedures for such retesting.
[5.] 7. As used in this section, cannabis independent testing laboratory has the meaning ascribed to it in NRS 678A.115.
Sec. 3. NRS 557.280 is hereby amended to read as follows:
557.280 1. The Department may refuse to issue or renew, suspend or revoke the registration of a grower, handler or producer for :
(a) Materially falsifying any information in an application for registration as a grower, handler or producer;
(b) Growing or handling hemp or producing agricultural hemp seed in a manner that is inconsistent with the information submitted to the Department in an approved application for registration as a grower, handler or producer;
(c) Failing to comply with all applicable local governmental ordinances or rules; or
(d) Committing a violation of any provision of this chapter, the regulations adopted pursuant thereto or any lawful order of the Department.
2. In addition to any other lawful reason, the Department may refuse to issue a registration as a grower, handler or producer to a person who has previously had such a registration refused or revoked pursuant to paragraph (a) or (b) of subsection 1.
3. The Department shall impose an administrative fine in an amount not to exceed $2,500 on any person who fails to comply with the provisions of subsection 6 of NRS 557.200.
[3.] 4. Except as otherwise provided in subsection [2] 3 and in addition to any other penalty provided by law, the Department may impose an administrative fine on any person who violates any of the provisions of this chapter, the regulations adopted pursuant thereto or any lawful order of the Department in an amount not to exceed $2,500.
[4.] 5. All fines collected by the Department pursuant to subsections [2] 3 and [3] 4 must be deposited with the State Treasurer for credit to the State General Fund.
Sec. 4. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 708κ
Senate Bill No. 72Committee on Judiciary
CHAPTER 157
[Approved: May 27, 2021]
AN ACT relating to common-interest communities; requiring a limited-purpose association to comply with certain requirements relating to the establishment and foreclosure of a lien for assessments; revising provisions relating to the imposition of fines that may be assessed for certain violations of the governing documents of a unit-owners association; revising provisions relating to meetings of the executive board of a unit-owners association; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, a limited-purpose association, which includes an association created for the limited purpose of maintaining the landscape of the common elements, facilities for flood control or a rural agricultural residential common-interest community, is exempt from the requirements of most of the provisions of chapter 116 of NRS, the Uniform Common-Interest Ownership Act. (NRS 116.1201) Section 1 of this bill requires a limited-purpose association to comply with the requirements of the Act pertaining to the establishment and foreclosure of a lien for assessments.
Existing law: (1) authorizes the executive board of a unit-owners association to impose fines for violations of the governing documents of the association; and (2) provides that if the violation does not pose an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units owners or residents of the common-interest community, the amount of the fine must be commensurate with the severity of the violation and must be determined by the executive board in accordance with the governing documents, but the amount of the fine must not exceed $100 for each violation or a total amount of $1,000, whichever is less. (NRS 116.31031) Section 2 of this bill requires the Commission for Common-Interest Communities and Condominium Hotels to adopt regulations establishing the criteria used in determining whether a violation poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units owners or residents of the common-interest community, the severity of such violations and limitations on the amounts of the fines. Section 2 also provides that: (1) if the violation poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units owners or residents of the common-interest community, the fine must be commensurate with the severity of the violation and must be determined by the executive board in accordance with the governing documents; and (2) if the violation does not pose an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units owners or residents of the common-interest community, the amount of the fine must not exceed $100 for each violation or a total amount of $1,000 per hearing against each units owner or tenant or invitee of a units owner or tenant.
Existing law also provides that a fine may not be imposed against a units owner for a violation committed by an invitee of the units owner or the tenant unless the units owner: (1) participated in or authorized the violation; (2) had prior notice of the violation; or (3) had an opportunity to stop the violation and failed to do so. (NRS 116.31031) Section 2 provides that such requirements: (1) apply also to fines imposed against a tenant; and (2) do not apply if the violation poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units owners or residents of the common-interest community.
κ2021 Statutes of Nevada, Page 709 (CHAPTER 157, SB 72)κ
Additionally, existing law provides that if a fine is imposed for a violation and the violation is not cured within 14 days or any longer period established by the executive board: (1) the violation is deemed a continuing violation; and (2) the executive board may impose an additional fine for the violation for each 7-day period or portion thereof that the violation is not cured. (NRS 116.31031) Section 2 provides that the amount of such an additional fine for a continuing violation must not exceed the amount of the original fine for the violation.
Existing law provides that an executive board may meet in executive session to consult with the attorney for the association on matters relating to proposed or pending litigation if the contents of the discussion are protected by the attorney-client privilege. (NRS 116.31085) Section 3 of this bill eliminates the requirement that such matters must relate to proposed or pending litigation for the executive board to meet in executive session and authorizes the executive board to meet in executive session if the contents of the discussion are protected by the attorney-client privilege.
Existing law also requires an executive board to meet in executive session to hold a hearing on an alleged violation of the governing documents unless the person who may be sanctioned for the alleged violation requests in writing that an open hearing be conducted by the executive board, in which case the person: (1) is entitled to attend all portions of the hearing related to the alleged violation; (2) is entitled to due process; and (3) is not entitled to attend the deliberations of the executive board. The executive board is required to maintain minutes of any decision made concerning an alleged violation and, upon request, to provide a copy of the decision to the person or the persons designated representative. (NRS 116.31085) Section 3 provides that: (1) the person is entitled to receive written notice of the decision of the executive board regarding the alleged violation within a reasonable time after the decision is made; and (2) the period to cure a violation before it becomes a continuing violation is deemed not to commence until the date on which the notice of the decision of the executive board is provided to the person.
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 116.1201 is hereby amended to read as follows:
116.1201 1. Except as otherwise provided in this section and NRS 116.1203, this chapter applies to all common-interest communities created within this State.
2. This chapter does not apply to:
(a) A limited-purpose association, except that a limited-purpose association:
(1) Shall pay the fees required pursuant to NRS 116.31155, except that if the limited-purpose association is created for a rural agricultural residential common-interest community, the limited-purpose association is not required to pay the fee unless the association intends to use the services of the Ombudsman;
(2) Shall register with the Ombudsman pursuant to NRS 116.31158;
(3) Shall comply with the provisions of:
(I) NRS 116.31038;
(II) NRS 116.31083 and 116.31152, unless the limited-purpose association is created for a rural agricultural residential common-interest community;
(III) NRS 116.31073, if the limited-purpose association is created for maintaining the landscape of the common elements of the common-interest community; [and]
κ2021 Statutes of Nevada, Page 710 (CHAPTER 157, SB 72)κ
(IV) NRS 116.31075, if the limited-purpose association is created for a rural agricultural residential common-interest community; and
(V) NRS 116.3116 to 116.31168, inclusive.
(4) Shall comply with the provisions of NRS 116.4101 to 116.412, inclusive, as required by the regulations adopted by the Commission pursuant to paragraph (b) of subsection 5; and
(5) Shall not enforce any restrictions concerning the use of units by the units owners, unless the limited-purpose association is created for a rural agricultural residential common-interest community.
(b) Common-interest communities or units located outside of this State, but NRS 116.4102 and 116.4103, and, to the extent applicable, NRS 116.41035 to 116.4107, inclusive, apply to a contract for the disposition of a unit in that common-interest community signed in this State by any party unless exempt under subsection 2 of NRS 116.4101.
(c) A common-interest community that was created before January 1, 1992, is located in a county whose population is less than 55,000, and has less than 50 percent of the units within the community put to residential use, unless a majority of the units owners otherwise elect in writing.
(d) Except as otherwise provided in this chapter, time shares governed by the provisions of chapter 119A of NRS.
3. The provisions of this chapter do not:
(a) Prohibit a common-interest community created before January 1, 1992, from providing for separate classes of voting for the units owners;
(b) Require a common-interest community created before January 1, 1992, to comply with the provisions of NRS 116.2101 to 116.2122, inclusive;
(c) Invalidate any assessments that were imposed on or before October 1, 1999, by a common-interest community created before January 1, 1992;
(d) Except as otherwise provided in subsection 8 of NRS 116.31105, prohibit a common-interest community created before January 1, 1992, or a common-interest community described in NRS 116.31105 from providing for a representative form of government, except that, in the election or removal of a member of the executive board, the voting rights of the units owners may not be exercised by delegates or representatives;
(e) Prohibit a master association which governs a time-share plan created pursuant to chapter 119A of NRS from providing for a representative form of government for the time-share plan; or
(f) Prohibit a master association which governs a planned community containing both units that are restricted exclusively to nonresidential use and other units that are not so restricted and which is exempt from the provisions of this chapter pursuant to subsection 2 of NRS 116.12077 from providing for a representative form of government.
4. The provisions of chapters 117 and 278A of NRS do not apply to common-interest communities.
5. The Commission shall establish, by regulation:
(a) The criteria for determining whether an association, a limited-purpose association or a common-interest community satisfies the requirements for an exemption or limited exemption from any provision of this chapter; and
(b) The extent to which a limited-purpose association must comply with the provisions of NRS 116.4101 to 116.412, inclusive.
κ2021 Statutes of Nevada, Page 711 (CHAPTER 157, SB 72)κ
6. As used in this section, limited-purpose association means an association that:
(a) Is created for the limited purpose of maintaining:
(1) The landscape of the common elements of a common-interest community;
(2) Facilities for flood control; or
(3) A rural agricultural residential common-interest community; and
(b) Is not authorized by its governing documents to enforce any restrictions concerning the use of units by units owners, unless the limited-purpose association is created for a rural agricultural residential common-interest community.
Sec. 2. NRS 116.31031 is hereby amended to read as follows:
116.31031 1. Except as otherwise provided in this section, if a units owner or a tenant or an invitee of a units owner or a tenant violates any provision of the governing documents of an association, the executive board may, if the governing documents so provide:
(a) Prohibit, for a reasonable time, the units owner or the tenant or the invitee of the units owner or the tenant from:
(1) Voting on matters related to the common-interest community.
(2) Using the common elements. The provisions of this subparagraph do not prohibit the units owner or the tenant or the invitee of the units owner or the tenant from using any vehicular or pedestrian ingress or egress to go to or from the unit, including any area used for parking.
(b) Impose a fine against the units owner or the tenant or the invitee of the units owner or the tenant for each violation, except that:
(1) A fine may not be imposed for a violation that is the subject of a construction penalty pursuant to NRS 116.310305; and
(2) A fine may not be imposed against a units owner or a tenant or invitee of a units owner or a tenant for a violation of the governing documents which involves a vehicle and which is committed by a person who is delivering goods to, or performing services for, the units owner or tenant or invitee of the units owner or the tenant.
Κ If the violation poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units owners or residents of the common-interest community [,] as provided in the regulations adopted by the Commission, the amount of the fine must be commensurate with the severity of the violation and must be determined by the executive board in accordance with the governing documents. If the violation does not pose an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units owners or residents of the common-interest community [,] as provided in the regulations adopted by the Commission, the amount of the fine must be commensurate with the severity of the violation and must be determined by the executive board in accordance with the governing documents, but the amount of the fine must not exceed $100 for each violation or a total amount of $1,000 [, whichever is less.] per hearing against each units owner or tenant or invitee of the units owner or tenant. The limitations on the amount of the fine do not apply to any charges or costs that may be collected by the association pursuant to this section if the fine becomes past due. The Commission shall adopt regulations establishing the criteria used in determining whether a violation poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units owners or residents of the common-interest community, the severity of such violations and limitations on the amounts of the fines.
κ2021 Statutes of Nevada, Page 712 (CHAPTER 157, SB 72)κ
of the common-interest community, the severity of such violations and limitations on the amounts of the fines.
(c) Send a written notice to cure an alleged violation, without the imposition of a fine, to the units owner and, if different, the person responsible for curing the alleged violation. Any such written notice must:
(1) Include an explanation of the applicable provisions of the governing documents that form the basis of the alleged violation;
(2) Specify in detail the alleged violation and the proposed action to cure the alleged violation;
(3) Provide a clear and detailed photograph of the alleged violation, if the alleged violation relates to the physical condition of the unit or the grounds of the unit or an act or a failure to act of which it is possible to obtain a photograph; and
(4) Provide the units owner or the tenant a reasonable opportunity to cure the alleged violation before the executive board may take additional actions, including, without limitation, other remedies available pursuant to this section.
2. [The] Unless the violation poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units owners or residents of the common-interest community as provided in the regulations adopted by the Commission, the executive board may not impose a fine pursuant to subsection 1 against a units owner or tenant for a violation of any provision of the governing documents of an association committed by an invitee of the units owner or the tenant unless the units owner [:] or tenant:
(a) Participated in or authorized the violation;
(b) Had prior notice of the violation [;] pursuant to paragraph (c) of subsection 1; or
(c) Had an opportunity to stop the violation and failed to do so.
3. If the association adopts a policy imposing fines for any violations of the governing documents of the association, the secretary or other officer specified in the bylaws shall prepare and cause to be hand-delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the units owner, a schedule of the fines that may be imposed for those violations.
4. The executive board may not impose a fine pursuant to subsection 1 unless:
(a) Not less than 30 days before the alleged violation, the units owner and, if different, the person against whom the fine will be imposed had been provided with written notice of the applicable provisions of the governing documents that form the basis of the alleged violation; and
(b) Within a reasonable time after the discovery of the alleged violation, the units owner and, if different, the person against whom the fine will be imposed has been provided with:
(1) Written notice:
(I) Specifying in detail the alleged violation, the proposed action to cure the alleged violation, the amount of the fine, and the date, time and location for a hearing on the alleged violation; and
(II) Providing a clear and detailed photograph of the alleged violation, if the alleged violation relates to the physical condition of the unit or the grounds of the unit or an act or a failure to act of which it is possible to obtain a photograph; and
κ2021 Statutes of Nevada, Page 713 (CHAPTER 157, SB 72)κ
(2) A reasonable opportunity to cure the alleged violation or to contest the alleged violation at the hearing.
Κ For the purposes of this subsection, a units owner shall not be deemed to have received written notice unless written notice is mailed to the address of the unit and, if different, to a mailing address specified by the units owner.
5. The executive board must schedule the date, time and location for the hearing on the alleged violation so that the units owner and, if different, the person against whom the fine will be imposed is provided with a reasonable opportunity to prepare for the hearing and to be present at the hearing.
6. The executive board must hold a hearing before it may impose the fine, unless the fine is paid before the hearing or unless the units owner and, if different, the person against whom the fine will be imposed:
(a) Executes a written waiver of the right to the hearing; or
(b) Fails to appear at the hearing after being provided with proper notice of the hearing.
7. If a fine is imposed pursuant to subsection 1 and the violation is not cured within 14 days, or within any longer period that may be established by the executive board, the violation shall be deemed a continuing violation. Thereafter, the executive board may impose an additional fine for the violation , in an amount that does not exceed the amount of the original fine, for each 7-day period or portion thereof that the violation is not cured. Any additional fine [may] :
(a) May be imposed without providing the opportunity to cure the violation and without the notice and an opportunity to be heard required by paragraph (b) of subsection 4 [.] ; and
(b) Is not subject to any limitation on the amount of fines set forth in subsection 1 or the regulations adopted pursuant thereto.
8. If the governing documents so provide, the executive board may appoint a committee, with not less than three members, to conduct hearings on alleged violations and to impose fines pursuant to this section. While acting on behalf of the executive board for those limited purposes, the committee and its members are entitled to all privileges and immunities and are subject to all duties and requirements of the executive board and its members.
9. A member of the executive board shall not participate in any hearing or cast any vote relating to a fine imposed pursuant to subsection 1 if the member has not paid all assessments which are due to the association by the member. If a member of the executive board:
(a) Participates in a hearing in violation of this subsection, any action taken at the hearing is void.
(b) Casts a vote in violation of this subsection, the vote is void.
10. The provisions of this section establish the minimum procedural requirements that the executive board must follow before it may impose a fine. The provisions of this section do not preempt any provisions of the governing documents that provide greater procedural protections.
11. Any past due fine must not bear interest, but may include any costs incurred by the association during a civil action to enforce the payment of the past due fine.
12. If requested by a person upon whom a fine was imposed, not later than 60 days after receiving any payment of a fine, an association shall provide to the person upon whom the fine was imposed a statement of the remaining balance owed.
κ2021 Statutes of Nevada, Page 714 (CHAPTER 157, SB 72)κ
Sec. 3. NRS 116.31085 is hereby amended to read as follows:
116.31085 1. Except as otherwise provided in this section, a units owner may attend any meeting of the units owners or of the executive board and speak at any such meeting. The executive board may establish reasonable limitations on the time a units owner may speak at such a meeting.
2. An executive board may not meet in executive session to open or consider bids for an association project as defined in NRS 116.31086, or to enter into, renew, modify, terminate or take any other action regarding a contract.
3. An executive board may meet in executive session only to:
(a) Consult with the attorney for the association [on matters relating to proposed or pending litigation] if the contents of the discussion would otherwise be governed by the privilege set forth in NRS 49.035 to 49.115, inclusive.
(b) Discuss the character, alleged misconduct, professional competence, or physical or mental health of a community manager or an employee of the association.
(c) Except as otherwise provided in subsection 4, discuss a violation of the governing documents, including, without limitation, the failure to pay an assessment.
(d) Discuss the alleged failure of a units owner to adhere to a schedule required pursuant to NRS 116.310305 if the alleged failure may subject the units owner to a construction penalty.
4. An executive board shall meet in executive session to hold a hearing on an alleged violation of the governing documents unless the person who may be sanctioned for the alleged violation requests in writing that an open hearing be conducted by the executive board [. If the] , in which case the hearing must be held in a meeting of the executive board pursuant to NRS 116.31083. The person who may be sanctioned for the alleged violation : [requests in writing that an open hearing be conducted, the person:]
(a) Is entitled to attend all portions of the hearing related to the alleged violation, including, without limitation, the presentation of evidence and the testimony of witnesses;
(b) Is entitled to due process, as set forth in the standards adopted by regulation by the Commission, which must include, without limitation, the right to counsel, the right to present witnesses and the right to present information relating to any conflict of interest of any member of the hearing panel; [and]
(c) Is not entitled to attend the deliberations of the executive board [.] ; and
(d) Is entitled to receive written notice of the decision of the executive board regarding the alleged violation within a reasonable time after the decision is made. The period to cure a violation before it becomes a continuing violation as provided in subsection 7 of NRS 116.31031 shall be deemed not to commence until the date on which the notice of the decision of the executive board is provided to the person sanctioned for the violation.
5. The provisions of subsection 4 establish the minimum protections that the executive board must provide before it may make a decision. The provisions of subsection 4 do not preempt any provisions of the governing documents that provide greater protections.
κ2021 Statutes of Nevada, Page 715 (CHAPTER 157, SB 72)κ
6. Except as otherwise provided in this subsection, any matter discussed by the executive board when it meets in executive session must be generally noted in the minutes of the meeting of the executive board. If the executive board holds a meeting limited exclusively to an executive session pursuant to paragraph (c) or (d) of subsection 3, at the next regularly scheduled meeting of the executive board, the executive board shall acknowledge that the executive board met in accordance with paragraph (c) or (d) of subsection 3, as applicable, and include such an acknowledgment in the minutes of the meeting at which the acknowledgment was made. The executive board shall maintain minutes of any decision made pursuant to subsection 4 concerning an alleged violation . [and, upon request, provide a copy of the decision to the person who was subject to being sanctioned at the hearing or to the persons designated representative.]
7. Except as otherwise provided in subsection 4, a units owner is not entitled to attend or speak at a meeting of the executive board held in executive session.
Sec. 4. This act becomes effective upon passage and approval.
________
Senate Bill No. 82Senator Ratti
CHAPTER 158
[Approved: May 27, 2021]
AN ACT relating to the Charter of the City of Sparks; revising provisions relating to when the name of a candidate must appear on the ballot at a primary or general election; clarifying the date on which an elected officer enters office; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The existing Charter of the City of Sparks provides that, unless one candidate receives the majority of the votes at the primary election, the names of the two candidates who receive the highest number of votes at the primary election must be placed on the ballot for the general election. If a candidate receives the majority of the votes at the primary election, he or she must be declared elected at the primary election and no general election must be held for that office. (Sparks City Charter § 5.020) Section 1 of this bill provides that: (1) if only one candidate files for nomination for an office, he or she must be declared elected and no election may be held for that office; (2) if not more than twice the number of candidates to be elected for an office file for nomination, the names of those candidates must be omitted from the ballots for the primary election and placed on the ballots for the general election; and (3) if more than twice the number of candidates to be elected for an office file for nomination, the names of the candidates must be placed on the ballot for the primary election. Section 1 also provides that if no candidate receives a majority of the votes at the primary election, the names of the two candidates who receive the highest number of votes must be placed on the ballot for the general election.
Section 2 of this bill clarifies that an elected officer enters office at the first regular meeting of the City Council following the meeting at which the canvass of returns of the election is made.
κ2021 Statutes of Nevada, Page 716 (CHAPTER 158, SB 82)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 5.020 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 113, Statutes of Nevada 2017, at page 488, is hereby amended to read as follows:
Sec. 5.020 Primary elections.
1. At the primary election:
(a) Candidates for the offices of Mayor, City Attorney and Municipal Judge must be voted upon by the registered voters of the City at large.
(b) Candidates to represent a ward as a member of the City Council must be voted upon by the registered voters of the ward to be represented by them.
2. [Except as otherwise provided in subsection 3, the names of the two candidates for Mayor, City Attorney and Municipal Judge and the names of the two candidates to represent the ward as a member of the City Council from each ward who receive the highest number of votes at the primary election must be placed on the ballot for the general election.] If at 5 p.m. on the last day for filing a declaration of candidacy:
(a) There is only one candidate who has filed for nomination for an office, that candidate must be declared elected to the office and no election may be held for that office.
(b) Except as otherwise provided in paragraph (a), not more than twice the number of candidates to be elected have filed for nomination for an office, the names of those candidates must be omitted from all ballots for a primary election and placed on all ballots for a general election.
(c) More than twice the number of candidates to be elected have filed for nomination for an office, the names of the candidates must be placed on the ballot for the primary election.
3. If at the primary election [, regardless of the number of candidates for an office, one] :
(a) One candidate receives the majority of votes cast in [that] the election for the office for which he or she is a candidate, he or she must be declared elected to the office and no general election need be held for that office. [Such candidate shall enter upon his or her respective duties at the first regular City Council meeting next succeeding the meeting at which the canvass of the returns of the general election is made.]
κ2021 Statutes of Nevada, Page 717 (CHAPTER 158, SB 82)κ
(b) No candidate receives the majority of votes cast in the election for the office for which he or she is a candidate, the names of the two candidates who receive the highest number of votes must be placed on the ballot for the general election.
Sec. 2. Section 5.100 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 113, Statutes of Nevada 2017, at page 488, is hereby amended to read as follows:
Sec. 5.100 Election returns: Canvass; certificates of election; entry of officers upon duties; tie vote procedure.
1. The election returns from any election must be filed with the City Clerk, who shall immediately place the returns in a safe or vault. No person may handle, inspect or in any manner interfere with the returns until canvassed by the City Council.
2. The City Council shall meet within the time set forth in NRS 293C.387 after any election and canvass the returns and declare the result. The election returns must then be sealed and kept by the City Clerk for 22 months, and no person may have access to them except on order of a court of competent jurisdiction or by order of the City Council.
3. The City Clerk, under his or her hand and official seal, shall issue a certificate of election to each person elected. [Except as otherwise provided in subsection 3 of section 5.020, the] The officers elected shall qualify and enter upon the discharge of their respective duties at the first regular City Council meeting [following their election.] next succeeding the meeting at which the canvass of the returns of the election is made.
4. If any election results in a tie, the City Council shall summon the candidates who received the tie vote and determine the tie by lot. The City Clerk shall then issue to the winner a certificate of election.
________
κ2021 Statutes of Nevada, Page 718κ
Senate Bill No. 84Committee on Legislative Operations and Elections
CHAPTER 159
[Approved: May 27, 2021]
AN ACT relating to election precincts; changing the maximum number of active registered voters that may be included within an election precinct; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, election precincts must be established based on the number of registered voters within the precinct. (NRS 293.207) Existing law requires an election precinct to have a maximum of 3,000 registered voters. (NRS 293.207) This bill increases the maximum number to 5,000 registered voters.
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 293.207 is hereby amended to read as follows:
293.207 1. Election precincts must be established on the basis of the number of registered voters therein, with a maximum of [3,000] 5,000 registered voters who are not designated inactive pursuant to NRS 293.530 per precinct in those precincts in which a mechanical voting system is used.
2. Except as otherwise provided in subsections 3 and 4, the county clerk may consolidate two or more contiguous election precincts into a single voting district to conduct a particular election as public convenience, necessity and economy may require.
3. If a county clerk proposes to consolidate two or more contiguous election precincts, in whole or in part, pursuant to subsection 2, the county clerk shall, at least 14 days before consolidating the precincts, cause notice of the proposed consolidation to be:
(a) Posted in the manner prescribed for a regular meeting of the board of county commissioners; and
(b) Mailed to each Assemblyman, Assemblywoman, State Senator, county commissioner and, if applicable, member of the governing body of a city who represents residents of a precinct affected by the consolidation.
4. A person may file a written objection to the proposed consolidation with the county clerk. The county clerk shall consider each written objection filed pursuant to this subsection before consolidating the precincts.
Sec. 2. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 719κ
Senate Bill No. 98Senators Settelmeyer, Goicoechea; Buck and Kieckhefer
Joint Sponsor: Assemblyman Wheeler
CHAPTER 160
[Approved: May 27, 2021]
AN ACT relating to water; revising the boundaries of the Carson Water Subconservancy District and the membership of the Board of Directors of the District; requiring, under certain circumstances, the Board of County Commissioners of Storey County to pay to the District a certain amount from the Countys general fund; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that the Carson Water Subconservancy District includes the urban area of Carson City and the portions of Churchill County within the Carson River hydrological basin. (Carson Water Subconservancy District Act § 10) Section 1 of this bill expands the Carson Water Subconservancy District to also include the portions of Storey County within the Carson River hydrological basin. Section 1 also increases the membership of the Board of Directors of the Carson Water Subconservancy District to include two members from Storey County. Section 2 of this bill provides for the staggering of the terms of these new members.
Existing law authorizes the Board of Directors to levy a tax on all taxable property within the District at a rate of not more than 3 cents on each $100 of assessed valuation for carrying out the activities of the District. (Carson Water Subconservancy District Act § 10) Section 1 requires that if such a tax is levied: (1) the tax will not be levied on the taxable property in the District that is located in Storey County; and (2) the Board of County Commissioners of Storey County must, instead, pay to the District from the Countys general fund the equivalent amount to what would have been generated if the tax had been levied on the taxable property located within the District in Storey County.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 10 of the Carson Water Subconservancy District Act, being chapter 621, Statutes of Nevada 1989, as last amended by chapter 189, Statutes of Nevada 1999, at page 922, is hereby amended to read as follows:
Sec. 10. 1. The Carson Water Subconservancy District, as expanded to include the urban area of Carson City, is hereby expanded to include [that portion] those portions of Churchill County and Storey County within the Carson River hydrologic basin. The assets and liabilities of the existing district become the assets and liabilities of the newly formed district on July 1, [1999.] 2021.
2. The Carson Water Subconservancy District shall be deemed to have been created pursuant to chapter 541 of NRS, with the same powers and duties, and subject to the same limitations as a water conservancy district created pursuant to that chapter except that the provisions of this act supersede the provisions of chapter 541 of NRS where the provisions of that chapter conflict with the express provisions of this act.
κ2021 Statutes of Nevada, Page 720 (CHAPTER 160, SB 98)κ
conservancy district created pursuant to that chapter except that the provisions of this act supersede the provisions of chapter 541 of NRS where the provisions of that chapter conflict with the express provisions of this act.
3. The Board of Directors of the Carson Water Subconservancy District consists of [11] 13 members to be appointed as follows:
(a) Two members who are residents of Carson City appointed by the Board of Supervisors of Carson City;
(b) Two members who are residents of Lyon County appointed by the Board of County Commissioners of Lyon County;
(c) Five members who are residents of Douglas County, at least two of whom must represent agricultural interests in the county, appointed by the Board of County Commissioners of Douglas County; [and]
(d) Two members who are residents of Churchill County appointed by the Board of County Commissioners of Churchill County [.] ; and
(e) Two members who are residents of Storey County appointed by the Board of County Commissioners of Storey County.
Κ No action may be taken by the Board of Directors without the affirmative vote of [at least six] a majority of its members.
4. The Board of Directors may levy a tax upon all taxable property within the Carson Water Subconservancy District , other than taxable property located in Storey County, at a rate of not more than 3 cents on each $100 of assessed valuation for carrying out the activities of the district. The tax must be collected in the manner provided in chapter 541 of NRS. The limitations in chapter 354 of NRS upon revenue from taxes ad valorem do not apply to revenue received from a tax levied pursuant to this subsection.
5. If the Board of Directors levies a tax as described in subsection 4, the Board of County Commissioners of Storey County shall pay to the Carson Water Subconservancy District from the general fund of Storey County an amount that is equal to the amount that would have been generated if the Board of Directors imposed a tax pursuant to subsection 4 on the taxable property located in that portion of Storey County that is within the Carson River hydrologic basin.
6. The Board of Directors may issue general or special obligations to carry out the activities of the district, including, without limitation, the acquisition of water rights and the acquisition, construction or completion of waterworks, facilities, flood control or drainage projects or other projects in accordance with NRS 350.500 to 350.720, inclusive. Any general obligations issued pursuant to this subsection must comply with the provisions of NRS 350.020. The provisions of NRS 541.340 to 541.370, inclusive, do not apply to obligations issued pursuant to this subsection.
[6.] 7. The Board of Directors may pledge:
(a) Any money received from the proceeds of the tax imposed pursuant to subsection 4 [;] and from Storey County pursuant to subsection 5;
κ2021 Statutes of Nevada, Page 721 (CHAPTER 160, SB 98)κ
(b) The gross or net revenues derived from water rights, waterworks, facilities, flood control or drainage projects or other projects; and
(c) The special assessments collected by the district for maintaining and operating waterworks, facilities, flood control or drainage projects and other projects,
Κ for the payment of general or special obligations issued pursuant to subsection [5.] 6. For the purposes of subsection 3 of NRS 350.020 and NRS 350.500 to 350.720, inclusive, money pledged by the board pursuant to this subsection shall be deemed to be pledged revenue of the project.
[7.] 8. The Carson Water Subconservancy District shall not acquire water rights, or other property for the purpose of obtaining the appurtenant water rights, through the exercise of the power of eminent domain.
[8.] 9. Carson City and each county located in part or in whole within the Carson Water Subconservancy District may establish a special district consisting of all or any portion of the land within the boundaries of the local government. The governing body of the local government is ex officio the board of directors of the district. Each special district may levy a tax upon all taxable property within its boundaries at a rate of not more than 7 cents on each $100 of assessed valuation. The tax must be collected in the same manner as other taxes ad valorem collected by the local government. The revenue from the tax must be used to allow the district to plan, construct, maintain and operate waterworks, facilities, flood control or drainage projects or other projects, and to obtain water and water rights for the benefit of the district. The limitations in chapter 354 of NRS upon revenue from taxes ad valorem do not apply to revenue received from a tax levied pursuant to this subsection. A district for which a tax is levied pursuant to this subsection is not entitled to receive any distribution of supplemental city-county relief tax. Districts established pursuant to this subsection may enter into cooperative agreements pursuant to chapter 277 of NRS concerning the management of the waterworks or resources.
[9.] 10. The Carson Water Subconservancy District may, for the payment of general or special obligations issued pursuant to subsection [5,] 6, pledge any money received from the proceeds of a tax imposed by a special district established pursuant to subsection [8] 9 if:
(a) The Carson Water Subconservancy District and the special district established pursuant to subsection [8] 9 have entered into a cooperative agreement pursuant to chapter 277 of NRS; and
(b) The cooperative agreement authorizes the Carson Water Subconservancy District to pledge the money received from the proceeds of that tax.
Sec. 2. Section 11 of the Carson Water Subconservancy District Act, being chapter 621, Statutes of Nevada 1989, at page 1409, is hereby amended to read as follows:
Sec. 11. 1. The establishment of any water conservancy district or subdistrict pursuant to chapter 541 of NRS before the effective date of this act, all actions taken by such districts and subdistricts, and the appointment of director for such districts and subdistricts, are hereby ratified.
κ2021 Statutes of Nevada, Page 722 (CHAPTER 160, SB 98)κ
subdistricts, and the appointment of director for such districts and subdistricts, are hereby ratified. All such districts and subdistricts shall amend the petitions by which they were established within 6 months after the effective date of this act to specify the composition of their boards of directors. If a district or subdistrict includes land within more than one county, each county must have at least one representative on the board, and the representative or representatives of each county must be appointed from a list of two or more nominees submitted by the board of county commissioners of the represented county.
2. As soon as practicable after the effective date of this act, the authorities specified in subsection 3 of section 10 of this act shall appoint the initial members of the Board of Directors of the Carson Water Subconservancy District. Three of the members initially appointed by Douglas County and one of the members initially appointed by Lyon County and Carson City shall serve until the end of the second calendar year next succeeding their appointment. The remaining members of the board initially appointed shall serve until the end of the fourth calendar year next succeeding their appointment.
3. As soon as practicable after July 1, 2021, the Board of County Commissioners of Storey County shall appoint two members of the Board of Directors of the Carson Water Subconservancy District. One of the members initially appointed by Storey County shall serve until the end of the second calendar year next succeeding the appointment. The second member of the board initially appointed by Storey County shall serve until the end of the fourth calendar year next succeeding their appointment.
4. After the initial terms, members of the Board of Directors of the Carson Water Subconservancy District hold office for terms of 4 years or until their successors have been appointed. Any vacancy on the Board must be filled for the remainder of the unexpired term by the authority that appointed the member whose position is vacant.
Sec. 3. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 723κ
Senate Bill No. 107Senator Ohrenschall
CHAPTER 161
[Approved: May 27, 2021]
AN ACT relating to civil actions; establishing provisions relating to the statute of limitations for commencing an action in tort for common-law wrongful termination of employment; revising provisions relating to the default statute of limitations for certain causes of action whose statute of limitations is not otherwise expressly prescribed by law; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth a 2-year statute of limitations for commencing an action to recover damages for personal injury. (NRS 11.190) By default, existing law also applies a 4-year statute of limitations to certain causes of action whose statute of limitations is not otherwise expressly prescribed by law. (NRS 11.220) Existing law does not expressly prescribe a statute of limitations for commencing actions in tort for common-law wrongful termination of employment, and the Nevada Supreme Court has held that such actions are governed by the 2-year statute of limitations for commencing actions to recover damages for personal injury. (Patush v. Las Vegas Bistro, LLC, 135 Nev. 353 (2019)) Section 1.5 of this bill expressly establishes a 2-year statute of limitations for commencing an action in tort for common-law wrongful termination of employment. However, section 1.5 provides that the statute of limitations for such an action is tolled from the date that an administrative complaint relating to the termination of employment is filed with a federal or state agency until 93 days after the conclusion of the administrative proceedings concerning the complaint. Section 2 of this bill requires the default statute of limitations to apply to certain causes of action whose statute of limitations is not otherwise prescribed by law, regardless of whether the underlying cause of action is analogous to any other cause of action with a statute of limitations expressly prescribed by law. Section 3 of this bill provides that the amendatory provisions of this bill apply to an action commenced on or after the effective date of this bill.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 1.5. Chapter 11 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An action in tort for common-law wrongful termination of employment must be commenced within 2 years after the date of the termination of employment.
2. The time limitation set forth in subsection 1 is tolled from the date that an administrative complaint relating to the termination of employment is filed with a federal or state agency until 93 days after the conclusion of the administrative proceedings concerning the complaint.
Sec. 2. NRS 11.220 is hereby amended to read as follows:
11.220 An action for relief, not hereinbefore provided for, must be commenced within 4 years after the cause of action shall have accrued [.] , regardless of whether the underlying cause of action is analogous to that of any other cause of action with a statute of limitations expressly prescribed by law.
κ2021 Statutes of Nevada, Page 724 (CHAPTER 161, SB 107)κ
regardless of whether the underlying cause of action is analogous to that of any other cause of action with a statute of limitations expressly prescribed by law.
Sec. 3. The amendatory provisions of this act apply to an action commenced on or after the effective date of this act.
Sec. 4. This act becomes effective upon passage and approval.
________
Senate Bill No. 112Senator Hansen
CHAPTER 162
[Approved: May 27, 2021]
AN ACT relating to pharmacy; exempting certain veterinary biologic products for the treatment of certain animals from regulation under state law; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing federal law regulates viruses, serums, toxins and analogous products for use in the treatment of domestic animals. (21 U.S.C. § 154) That federal law preempts any state law that regulates viruses, serums, toxins and analogous products for use in the treatment of domestic animals. (57 Fed. Reg. 38,758, 38,759 (August 27, 1992); Lynnbrook Farms v. Smithkline Beecham Corp., 79 F.3d 620, 624-30 (7th Cir. 1996)) In accordance with federal law, this bill excludes certain veterinary biologic products for administration to certain livestock from regulation under Nevada law governing drugs and medicines.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1 and 2. (Deleted by amendment.)
Sec. 2.5. Chapter 639 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The provisions of this chapter and any regulations adopted pursuant thereto do not apply to a veterinary biologic product that is:
(a) Licensed for production under a product license; and
(b) Directly marketed by a manufacturing facility holding an establishment license for administration to livestock.
2. As used in this section:
(a) Establishment license means a U. S. Veterinary Biologics Establishment License issued by the Administrator of the Animal and Plant Health Inspection Service of the United States Department of Agriculture pursuant to the Virus-Serum-Toxin Act, 21 U.S.C. §§ 151 to 159, inclusive, and any amendments to or replacements of the Act, and any regulations adopted pursuant to the Act.
(b) Livestock has the meaning ascribed to it in subsections 1 and 3 to 6, inclusive, of NRS 571.022.
κ2021 Statutes of Nevada, Page 725 (CHAPTER 162, SB 112)κ
(c) Product license means a U. S. Veterinary Biological Product License issued by the Administrator of the Animal and Plant Health Inspection Service of the United States Department of Agriculture pursuant to the Virus-Serum-Toxin Act, 21 U.S.C. §§ 151 to 159, inclusive, and any amendments to or replacements of the Act, and any regulations adopted pursuant to the Act.
(d) Veterinary biologic product has the meaning ascribed to biological product in 9 C.F.R. § 101.2.
Sec. 3. (Deleted by amendment.)
Sec. 3.5. Chapter 453 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The provisions of this chapter and any regulations adopted pursuant thereto do not apply to a veterinary biologic product that is:
(a) Licensed for production under a product license; and
(b) Directly marketed by a manufacturing facility holding an establishment license for administration to livestock.
2. As used in this section:
(a) Establishment license means a U. S. Veterinary Biologics Establishment License issued by the Administrator of the Animal and Plant Health Inspection Service of the United States Department of Agriculture pursuant to the Virus-Serum-Toxin Act, 21 U.S.C. §§ 151 to 159, inclusive, and any amendments to or replacements of the Act, and any regulations adopted pursuant to the Act.
(b) Livestock has the meaning ascribed to it in subsections 1 and 3 to 6, inclusive, of NRS 571.022.
(c) Product license means a U. S. Veterinary Biological Product License issued by the Administrator of the Animal and Plant Health Inspection Service of the United States Department of Agriculture pursuant to the Virus-Serum-Toxin Act, 21 U.S.C. §§ 151 to 159, inclusive, and any amendments to or replacements of the Act, and any regulations adopted pursuant to the Act.
(d) Veterinary biologic product has the meaning ascribed to biological product in 9 C.F.R. § 101.2.
Sec. 4. (Deleted by amendment.)
Sec. 4.5. Chapter 454 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The provisions of this chapter and any regulations adopted pursuant thereto do not apply to a veterinary biologic product that is:
(a) Licensed for production under a product license; and
(b) Directly marketed by a manufacturing facility holding an establishment license for administration to livestock.
2. As used in this section:
(a) Establishment license means a U. S. Veterinary Biologics Establishment License issued by the Administrator of the Animal and Plant Health Inspection Service of the United States Department of Agriculture pursuant to the Virus-Serum-Toxin Act, 21 U.S.C. §§ 151 to 159, inclusive, and any amendments to or replacements of the Act, and any regulations adopted pursuant to the Act.
(b) Livestock has the meaning ascribed to it in subsections 1 and 3 to 6, inclusive, of NRS 571.022.
κ2021 Statutes of Nevada, Page 726 (CHAPTER 162, SB 112)κ
(c) Product license means a U. S. Veterinary Biological Product License issued by the Administrator of the Animal and Plant Health Inspection Service of the United States Department of Agriculture pursuant to the Virus-Serum-Toxin Act, 21 U.S.C. §§ 151 to 159, inclusive, and any amendments to or replacements of the Act, and any regulations adopted pursuant to the Act.
(d) Veterinary biologic product has the meaning ascribed to biological product in 9 C.F.R. § 101.2.
Sec. 5. (Deleted by amendment.)
Sec. 5.5. Chapter 585 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The provisions of this chapter and any regulations adopted pursuant thereto do not apply to a veterinary biologic product that is:
(a) Licensed for production under a product license; and
(b) Directly marketed by a manufacturing facility holding an establishment license for administration to livestock.
2. As used in this section:
(a) Establishment license means a U. S. Veterinary Biologics Establishment License issued by the Administrator of the Animal and Plant Health Inspection Service of the United States Department of Agriculture pursuant to the Virus-Serum-Toxin Act, 21 U.S.C. §§ 151 to 159, inclusive, and any amendments to or replacements of the Act, and any regulations adopted pursuant to the Act.
(b) Livestock has the meaning ascribed to it in subsections 1 and 3 to 6, inclusive, of NRS 571.022.
(c) Product license means a U. S. Veterinary Biological Product License issued by the Administrator of the Animal and Plant Health Inspection Service of the United States Department of Agriculture pursuant to the Virus-Serum-Toxin Act, 21 U.S.C. §§ 151 to 159, inclusive, and any amendments to or replacements of the Act, and any regulations adopted pursuant to the Act.
(d) Veterinary biologic product has the meaning ascribed to biological product in 9 C.F.R. § 101.2.
Sec. 6. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 727κ
Senate Bill No. 114Senators Goicoechea, Settelmeyer; and Hansen
CHAPTER 163
[Approved: May 27, 2021]
AN ACT relating to hemp; exempting operators of certain food establishments from certain requirements relating to hemp under certain circumstances; requiring the Department of Health and Human Services to adopt certain regulations relating to food that contains certain components of hemp; authorizing operators of certain food establishments to engage in certain activities related to the production and sale of food that contains certain components of hemp; prohibiting a food from being deemed to be adulterated solely because such food contains certain components of hemp; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law imposes various requirements on the growing and handling of hemp, the production of agricultural hemp seed and the sale of commodities and products that contain hemp. (NRS 439.532; chapter 557 of NRS) Existing law also imposes various requirements on the operation of food establishments. (Chapter 446 of NRS) Under existing law, the term food establishment is broadly defined to mean any place, structure, premises, vehicle or vessel in which food is manufactured, prepared, sold, offered or displayed for sale or served. Thus, under existing law, the definition of food establishment would include, in general, establishments at which food is prepared or served for immediate consumption, such as restaurants, as well as establishments at which food is not prepared or served for immediate consumption, such as facilities that manufacture or process food. (NRS 446.020) This bill revises various provisions of existing law concerning hemp and the operation of food establishments at which food is not prepared or served for immediate consumption for the purpose of authorizing food that contains an approved hemp component to be produced or sold at such a food establishment under certain circumstances. Section 3 of this bill defines approved hemp component to mean any component of hemp that the United States Food and Drug Administration has determined to be safe for human consumption.
Existing law requires a person who wishes to operate a food establishment to obtain a permit issued by a health authority and comply with certain requirements governing the operation of a food establishment. (Chapter 446 of NRS) Section 3 authorizes a person who holds such a permit and who operates a food establishment at which food is not prepared or served for immediate consumption to: (1) purchase hemp or a commodity or product made using hemp from a grower or handler registered by the State Department of Agriculture; (2) use hemp or such a commodity or product to manufacture or prepare food that contains an approved hemp component; and (3) subject to certain testing and labeling requirements set forth by the Department of Health and Human Services, sell, offer or display for sale food that contains an approved hemp component. Section 6 of this bill makes a conforming change to reflect the authorization for a food establishment at which food is not prepared or served for immediate consumption to sell food that contains an approved hemp component.
Existing law requires a person who wishes to grow hemp, handle hemp for processing into commodities or products or produce agricultural hemp seed to register with the State Department of Agriculture and comply with certain other requirements. (Chapter 557 of NRS) Section 1 of this bill exempts from these requirements a person described in section 3 who purchases or handles hemp or a commodity or product made using hemp for the purpose of engaging in the activities related to hemp described in that section, if the person reasonably believes the hemp or commodity or product made using hemp was grown or processed in compliance with such requirements.
κ2021 Statutes of Nevada, Page 728 (CHAPTER 163, SB 114)κ
Existing law prohibits a person from selling or offering to sell a commodity or product containing hemp that is intended for human consumption or certain other commodities or products that purport to contain cannabidiol unless the commodity or product has been tested and labeled in accordance with requirements established by the Department of Health and Human Services. (NRS 439.532) Section 2 of this bill requires the Department to adopt regulations that identify contaminants of commodities or products which are foods that contain an approved hemp component and prescribe tolerances for such contaminants.
Existing law sets forth certain circumstances under which food is deemed to be adulterated. (NRS 585.300-585.330) Under existing law, a person is prohibited from manufacturing, selling or delivering, holding or offering for sale any food that is adulterated. (NRS 585.520). Existing law also authorizes a health authority to take certain actions against a food establishment if the health authority determines or has probable cause to believe that any food of the food establishment is adulterated. (NRS 446.920) Section 4 of this bill prohibits food from being deemed to be adulterated solely because such food contains an approved hemp component.
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 557.190 is hereby amended to read as follows:
557.190 The provisions of this chapter do not apply to:
1. A person who purchases, for the purpose of resale, hemp or a commodity or product made using hemp which was not grown or processed by the person; [or]
2. A person who transports hemp or a commodity or product made using hemp which was not grown or processed by the person [,] ; or
3. A person described in section 3 of this act who, for the purpose of engaging in any of the activities set forth in section 3 of this act, purchases or handles hemp or a commodity or product made using hemp which was not grown or processed by the person,
Κ if such a person reasonably believes the hemp or commodity or product made using hemp was grown or processed in compliance with the provisions of this chapter.
Sec. 2. NRS 439.532 is hereby amended to read as follows:
439.532 1. Unless federal law or regulation otherwise requires, a person shall not sell or offer to sell any commodity or product containing hemp which is intended for human consumption or any other commodity or product that purports to contain cannabidiol with a THC concentration that does not exceed the maximum THC concentration established by federal law for hemp unless such a commodity or product:
(a) Has been tested by an independent testing laboratory and meets the standards established by regulation of the Department pursuant to subsection 3; and
(b) Is labeled in accordance with the regulations adopted by the Department pursuant to subsection 3.
2. A person who produces or offers for sale a commodity or product described in subsection 1 may submit such a commodity or product to a cannabis independent testing laboratory for testing pursuant to this section and a cannabis independent testing laboratory may perform such testing.
κ2021 Statutes of Nevada, Page 729 (CHAPTER 163, SB 114)κ
3. The Department shall adopt regulations requiring the testing and labeling of any commodity or product described in subsection 1. Such regulations must:
(a) Set forth protocols and procedures for the testing of the commodities and products described in subsection 1; [and]
(b) Identify contaminants of the commodities or products described in subsection 1 which are foods that contain an approved hemp component, as defined in section 3 of this act, and prescribe tolerances for such contaminants; and
(c) Require that any commodity or product described in subsection 1 is labeled in a manner that is not false or misleading in accordance with the applicable provisions of chapters 446 and 585 of NRS.
4. As used in this section:
(a) Cannabis independent testing laboratory has the meaning ascribed to it in NRS 678A.115.
(b) Food has the meaning ascribed to it in NRS 446.017.
(c) Hemp has the meaning ascribed to it in NRS 557.160.
[(c)] (d) Intended for human consumption means intended for ingestion or inhalation by a human or for topical application to the skin or hair of a human.
[(d)] (e) THC has the meaning ascribed to it in NRS 453.139.
Sec. 3. Chapter 446 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person who holds a permit issued pursuant to NRS 446.875 and who operates a food establishment at which food is not prepared or served for immediate consumption may:
(a) Purchase hemp or a commodity or product made using hemp from a grower or handler registered by the State Department of Agriculture pursuant to chapter 557 of NRS.
(b) Use hemp or a commodity or product made using hemp to manufacture or prepare food that contains an approved hemp component at the food establishment.
(c) In compliance with the provisions of NRS 439.532, sell, offer or display for sale food that contains an approved hemp component at the food establishment.
2. As used in this section:
(a) Approved hemp component means any component of hemp that the United States Food and Drug Administration has determined to be safe or generally recognized as safe for use as an ingredient in food intended for human consumption.
(b) Hemp has the meaning ascribed to it in NRS 557.160.
Sec. 4. NRS 585.310 is hereby amended to read as follows:
585.310 [A]
1. Except as otherwise provided in subsection 2, a food shall be deemed to be adulterated:
[1.] (a) If any valuable constituent has been in whole or in part omitted or abstracted therefrom;
[2.] (b) If any substance has been substituted wholly or in part therefor;
[3.] (c) If damage or inferiority has been concealed in any manner; or
[4.] (d) If any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is.
κ2021 Statutes of Nevada, Page 730 (CHAPTER 163, SB 114)κ
2. A food shall not be deemed to be adulterated solely because it contains an approved hemp component.
3. As used in this section, approved hemp component has the meaning ascribed to it in section 3 of this act.
Sec. 5. (Deleted by amendment.)
Sec. 6. NRS 678B.290 is hereby amended to read as follows:
678B.290 1. The Board shall establish standards for and certify one or more cannabis independent testing laboratories to:
(a) Test cannabis for adult use and adult-use cannabis products that are to be sold in this State;
(b) Test cannabis for medical use and medical cannabis products that are to be sold in this State; and
(c) In addition to the testing described in paragraph (a) or (b), test commodities or products containing hemp, as defined in NRS 557.160, or cannabidiol which are intended for human or animal consumption and sold by a cannabis establishment [.] or a person described in section 3 of this act.
2. Such a cannabis independent testing laboratory must be able to:
(a) Determine accurately, with respect to cannabis or cannabis products that are sold or will be sold at cannabis sales facilities in this State:
(1) The concentration therein of THC and cannabidiol.
(2) The presence and identification of microbes, molds and fungi.
(3) The composition of the tested material.
(4) The presence of chemicals in the tested material, including, without limitation, pesticides, heavy metals, herbicides or growth regulators.
(b) Demonstrate the validity and accuracy of the methods used by the cannabis independent testing laboratory to test cannabis and cannabis products.
3. To obtain a license to operate a cannabis independent testing laboratory, an applicant must:
(a) Apply successfully as required pursuant to NRS 678B.210 or 678B.250, as applicable.
(b) Pay the fees required pursuant to NRS 678B.390.
(c) Agree to become accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization within 1 year after licensure.
Sec. 7. 1. This section becomes effective on October 1, 2021.
2. Sections 1 to 6, inclusive, of this act become effective:
(a) On October 1, 2021, for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2022, for all other purposes.
________
κ2021 Statutes of Nevada, Page 731κ
Senate Bill No. 127Senator Hardy
Joint Sponsors: Assemblymen Black and Leavitt
CHAPTER 164
[Approved: May 27, 2021]
AN ACT relating to the City of Mesquite; revising the process for appointing the City Manager and City Attorney; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The existing Charter of the City of Mesquite creates elective officer positions, including a Mayor and five members of the City Council. (Mesquite City Charter § 1.050) The Charter also creates several executive officer positions, including the City Manager and City Attorney, and requires the Mayor of Mesquite to appoint the City Manager and City Attorney, subject to the advice and consent of the City Council. (Mesquite City Charter § 1.080) This bill revises the process for those appointments by requiring the Mayor to make the first nominations to fill the positions of the City Manager and City Attorney. If a person so nominated by the Mayor is not confirmed by at least four votes, with the Mayor and each member of the City Council having one vote, this bill further provides that any member of the City Council may submit a nominee for consideration and requires at least four affirmative votes, with the Mayor and each member of the City Council having one vote, for a nominee to be confirmed.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 1.080 of the Charter of the City of Mesquite, being chapter 325, Statutes of Nevada 2017, at page 1866, is hereby amended to read as follows:
Sec. 1.080 Executive officers.
1. The following positions are executive officers within the City:
(a) City Manager.
(b) City Attorney.
(c) Assistant City Manager or Deputy City Manager.
(d) City Clerk.
(e) Director of Finance.
(f) Chief of Police.
(g) Fire Chief.
2. The City Council may combine any positions for executive officers by ordinance.
3. The [appointments] first nominations to fill the positions of the City Manager and City Attorney must be made by the Mayor . [, subject to the advice and consent of the City Council.] If a person so nominated by the Mayor is not confirmed by at least four votes, with the Mayor and each member of the City Council having one vote, any member of the City Council may submit a nominee for consideration.
κ2021 Statutes of Nevada, Page 732 (CHAPTER 164, SB 127)κ
consideration. At least four affirmative votes, with the Mayor and each member of the City Council having one vote, is required for a nominee to be confirmed.
4. The appointments and termination of all other executive officers must be made by the City Manager and are subject to ratification by the City Council.
Sec. 2. Notwithstanding the amendatory provisions of section 1 of this act, the City Manager and the City Attorney of the City of Mesquite continue to serve in those positions until a new City Manager and City Attorney are appointed pursuant to section 1.080 of the Charter of the City of Mesquite, as amended by section 1 of this act.
________
Senate Bill No. 141Senator Brooks
CHAPTER 165
[Approved: May 27, 2021]
AN ACT relating to public works; revising provisions relating to the scope of horizontal construction and vertical construction for certain purposes; removing the prospective expiration of provisions relating to construction managers at risk; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, public bodies are authorized to construct public works under certain circumstances through a method by which a construction manager at risk provides preconstruction services on the public work and, in some cases, construction services on the public work with a guaranteed maximum price, a fixed price or a fixed price plus reimbursement for certain costs. (NRS 338.1685-338.16995) Existing law eliminates the authority for public bodies to enter into contracts with construction managers at risk effective June 30, 2021. Sections 1.5-4 of this bill remove the prospective expiration of this authority, thereby making the authorization to enter into contracts with construction managers at risk permanent.
Existing law identifies certain work on public works as horizontal construction and vertical construction for certain purposes. (NRS 338.010, 338.01165, 338.16985) Section 1 of this bill revises the type of work that is included in the scope of those types of construction to specifically include the alteration, repair, renovation, demolition and remodeling, and any incidental work, necessary to complete a public work.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 338.010 is hereby amended to read as follows:
338.010 As used in this chapter:
1. Authorized representative means a person designated by a public body to be responsible for the development, solicitation, award or administration of contracts for public works pursuant to this chapter.
κ2021 Statutes of Nevada, Page 733 (CHAPTER 165, SB 141)κ
2. Bona fide fringe benefit means a benefit in the form of a contribution that is made not less frequently than monthly to an independent third party pursuant to a fund, plan or program:
(a) Which is established for the sole and exclusive benefit of a worker and his or her family and dependents; and
(b) For which none of the assets will revert to, or otherwise be credited to, any contributing employer or sponsor of the fund, plan or program.
Κ The term includes, without limitation, benefits for a worker that are determined pursuant to a collective bargaining agreement and included in the determination of the prevailing wage by the Labor Commissioner pursuant to NRS 338.030.
3. Contract means a written contract entered into between a contractor and a public body for the provision of labor, materials, equipment or supplies for a public work.
4. Contractor means:
(a) A person who is licensed pursuant to the provisions of chapter 624 of NRS.
(b) A design-build team.
5. Day labor means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a worker or workers employed by them on public works by the day and not under a contract in writing.
6. Design-build contract means a contract between a public body and a design-build team in which the design-build team agrees to design and construct a public work.
7. Design-build team means an entity that consists of:
(a) At least one person who is licensed as a general engineering contractor or a general building contractor pursuant to chapter 624 of NRS; and
(b) For a public work that consists of:
(1) A building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS.
(2) Anything other than a building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS or landscape architecture pursuant to chapter 623A of NRS or who is licensed as a professional engineer pursuant to chapter 625 of NRS.
8. Design professional means:
(a) A person who is licensed as a professional engineer pursuant to chapter 625 of NRS;
(b) A person who is licensed as a professional land surveyor pursuant to chapter 625 of NRS;
(c) A person who holds a certificate of registration to engage in the practice of architecture, interior design or residential design pursuant to chapter 623 of NRS;
(d) A person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to chapter 623A of NRS; or
(e) A business entity that engages in the practice of professional engineering, land surveying, architecture or landscape architecture.
9. Division means the State Public Works Division of the Department of Administration.
10. Eligible bidder means a person who is:
κ2021 Statutes of Nevada, Page 734 (CHAPTER 165, SB 141)κ
(a) Found to be a responsible and responsive contractor by a local government or its authorized representative which requests bids for a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373; or
(b) Determined by a public body or its authorized representative which awarded a contract for a public work pursuant to NRS 338.1375 to 338.139, inclusive, to be qualified to bid on that contract pursuant to NRS 338.1379 or 338.1382.
11. General contractor means a person who is licensed to conduct business in one, or both, of the following branches of the contracting business:
(a) General engineering contracting, as described in subsection 2 of NRS 624.215.
(b) General building contracting, as described in subsection 3 of NRS 624.215.
12. Governing body means the board, council, commission or other body in which the general legislative and fiscal powers of a local government are vested.
13. Horizontal construction means [the] any construction [of any fixed] , alteration, repair, renovation, demolition or remodeling necessary to complete a public work, including , without limitation, any irrigation, drainage, water supply, flood control, harbor, railroad, highway, tunnel, airport or airway, sewer, sewage disposal plant or water treatment facility and any ancillary vertical components thereof, bridge, inland waterway, pipeline for the transmission of petroleum or any other liquid or gaseous substance, pier, and any other work incidental thereto. The term does not include vertical construction, the construction of any terminal or other building of an airport or airway, or the construction of any other building.
14. Local government means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 318, 318A, 379, 474, 538, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision. The term includes a person who has been designated by the governing body of a local government to serve as its authorized representative.
15. Offense means:
(a) Failing to:
(1) Pay the prevailing wage required pursuant to this chapter;
(2) Pay the contributions for unemployment compensation required pursuant to chapter 612 of NRS;
(3) Provide and secure compensation for employees required pursuant to chapters 616A to 617, inclusive, of NRS; or
(4) Comply with subsection 5 or 6 of NRS 338.070.
(b) Discharging an obligation to pay wages in a manner that violates the provisions of NRS 338.035.
16. Prime contractor means a contractor who:
(a) Contracts to construct an entire project;
(b) Coordinates all work performed on the entire project;
(c) Uses his or her own workforce to perform all or a part of the public work; and
κ2021 Statutes of Nevada, Page 735 (CHAPTER 165, SB 141)κ
(d) Contracts for the services of any subcontractor or independent contractor or is responsible for payment to any contracted subcontractors or independent contractors.
Κ The term includes, without limitation, a general contractor or a specialty contractor who is authorized to bid on a project pursuant to NRS 338.139 or 338.148.
17. Public body means the State, county, city, town, school district or any public agency of this State or its political subdivisions sponsoring or financing a public work.
18. Public work means any project for the new construction, repair or reconstruction of a project financed in whole or in part from public money for:
(a) Public buildings;
(b) Jails and prisons;
(c) Public roads;
(d) Public highways;
(e) Public streets and alleys;
(f) Public utilities;
(g) Publicly owned water mains and sewers;
(h) Public parks and playgrounds;
(i) Public convention facilities which are financed at least in part with public money; and
(j) All other publicly owned works and property.
19. Specialty contractor means a person who is licensed to conduct business as described in subsection 4 of NRS 624.215.
20. Stand-alone underground utility project means an underground utility project that is not integrated into a larger project, including, without limitation:
(a) An underground sewer line or an underground pipeline for the conveyance of water, including facilities appurtenant thereto; and
(b) A project for the construction or installation of a storm drain, including facilities appurtenant thereto,
Κ that is not located at the site of a public work for the design and construction of which a public body is authorized to contract with a design-build team pursuant to subsection 2 of NRS 338.1711.
21. Subcontract means a written contract entered into between:
(a) A contractor and a subcontractor or supplier; or
(b) A subcontractor and another subcontractor or supplier,
Κ for the provision of labor, materials, equipment or supplies for a construction project.
22. Subcontractor means a person who:
(a) Is licensed pursuant to the provisions of chapter 624 of NRS or performs such work that the person is not required to be licensed pursuant to chapter 624 of NRS; and
(b) Contracts with a contractor, another subcontractor or a supplier to provide labor, materials or services for a construction project.
23. Supplier means a person who provides materials, equipment or supplies for a construction project.
24. Vertical construction means [the] any construction , alteration, repair, renovation, demolition or remodeling [of] necessary to complete a public work for any building, structure or other improvement that is predominantly vertical, including, without limitation, a building, structure or improvement for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, and any other work or improvement appurtenant thereto.
κ2021 Statutes of Nevada, Page 736 (CHAPTER 165, SB 141)κ
improvement for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, and any other work or improvement appurtenant thereto.
25. Wages means:
(a) The basic hourly rate of pay; and
(b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other bona fide fringe benefits which are a benefit to the worker.
26. Worker means a skilled mechanic, skilled worker, semiskilled mechanic, semiskilled worker or unskilled worker in the service of a contractor or subcontractor under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed. The term does not include a design professional.
Sec. 1.5. Section 15 of chapter 487, Statutes of Nevada 2013, as amended by chapter 562, Statutes of Nevada 2017, at page 4035, is hereby amended to read as follows:
Sec. 15. [1.] This section and sections 1, 2, 3, 4, 5, 6, 7.5 to 13, inclusive, 14, 14.3 and 14.5 of this act become effective on July 1, 2013.
[2. Section 1 of this act expires by limitation on June 30, 2021.
3. Sections 2.3, 2.5, 3.5, 4.5, 5.3, 5.5, 5.7, 6.5, 13.5, 14.1 and 14.7 of this act become effective on July 1, 2021.]
Sec. 2. Section 9 of chapter 123, Statutes of Nevada 2015, as amended by chapter 562, Statutes of Nevada 2017, at page 4035, is hereby amended to read as follows:
Sec. 9. [1.] This act becomes effective upon passage and approval.
[2. Sections 6 and 7.5 of this act expire by limitation on June 30, 2021.]
Sec. 3. Section 7 of chapter 562, Statutes of Nevada 2017, at page 4035, is hereby amended to read as follows:
Sec. 7. 1. This section and sections 5 and 6 of this act become effective upon passage and approval.
2. Sections 1 to 4, inclusive, of this act become effective on July 1, 2017.
[3. Sections 1 to 3, inclusive, of this act expire by limitation on June 30, 2021.]
Sec. 4. Sections 2.3, 2.5, 3.5, 4.5, 5.3, 5.5, 5.7, 6.5, 13.5, 14.1 and 14.7 of chapter 487, Statutes of Nevada 2013, at pages 2961, 2964, 2966, 2967, 2968, 2972, 2983, 2984 and 2986, respectively, are hereby repealed.
Sec. 5. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 737κ
Senate Bill No. 145Senator Spearman
CHAPTER 166
[Approved: May 27, 2021]
AN ACT relating to financial institutions; requiring certain financial institutions to notify the Commissioner of Financial Institutions once a certain rating of the financial institution is publicly available; requiring certain financial institutions to conduct and report to the Commissioner certain training sessions for community-based organizations; requiring the Division of Financial Institutions of the Department of Business and Industry to post the rating of certain financial institutions on its Internet website; requiring the Commissioner to submit a biennial report to the Legislative Commission relating to such ratings and such training sessions; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The Community Reinvestment Act of 1977 (CRA) requires certain financial institutions to provide certain information to the relevant federal financial supervisory agency in order to assess the performance of the financial institution. (12 U.S.C. § 2903) An overall CRA rating is then assigned using a four-tiered system. (12 U.S.C. § 2906)
This bill requires a financial institution subject to the CRA to notify the Commissioner of Financial Institutions of the public availability of the current CRA rating of the financial institution as soon as the rating becomes publicly available. This bill requires the Division of Financial Institutions of the Department of Business and Industry to post the CRA rating for every financial institution subject to the CRA on its Internet website. This bill further requires each such financial institution to conduct training sessions concerning the CRA for persons and organizations, including faith-based and consumer advocacy organizations, that operate within the community served by the financial institution. This bill also requires each such financial institution to report to the Commissioner the number of such training sessions conducted by the financial institution each year. Finally, this bill requires the Commissioner to submit a biennial report to the Legislative Commission that includes: (1) the name and CRA rating of each financial institution; and (2) the number of training sessions concerning the CRA conducted by the financial institution each year.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 665 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A financial institution subject to the Community Reinvestment Act of 1977, 12 U.S.C. §§ 2901 to 2905, inclusive, shall:
(a) Notify the Commissioner of the public availability of the current CRA rating of the financial institution as soon as the CRA rating becomes publicly available.
(b) Conduct training sessions to provide information concerning the obligations imposed on the financial institution by the CRA for persons and organizations, including, without limitation, faith-based and consumer advocacy organizations, that operate within the community served by the financial institution.
κ2021 Statutes of Nevada, Page 738 (CHAPTER 166, SB 145)κ
and organizations, including, without limitation, faith-based and consumer advocacy organizations, that operate within the community served by the financial institution. The financial institution must report to the Commissioner the number of such training sessions conducted by the financial institution each year.
2. The Division of Financial Institutions shall post the current CRA rating for every financial institution subject to the Community Reinvestment Act of 1977, 12 U.S.C. §§ 2901 to 2905, inclusive, on the Internet website of the Division.
3. Each even-numbered year, the Commissioner shall submit a report that includes:
(a) The name of each financial institution subject to the Community Reinvestment Act of 1977, 12 U.S.C. §§ 2901 to 2905, inclusive, and the current CRA rating of each such financial institution; and
(b) The number of training sessions required by this section that are conducted by each such financial institution each year.
4. The report required pursuant to subsection 3 must be submitted to the Legislative Commission.
5. As used in this section, CRA rating means the rating assigned to a financial institution pursuant to 12 U.S.C. § 2906.
Sec. 2. (Deleted by amendment.)
________
Senate Bill No. 151Senators Dondero Loop; and Lange
CHAPTER 167
[Approved: May 27, 2021]
AN ACT relating to education; requiring the boards of trustees of certain school districts to develop a plan to improve certain pupil to personnel ratios; requiring the boards of trustees of certain school districts to submit an annual report on the plan to the Department of Education; requiring the Department to compile and submit the reports to certain governmental entities; requiring school counselors, school psychologists and school social workers to complete certain continuing education; requiring the Commission on Professional Standards in Education and the Board of Examiners for Social Workers to adopt certain regulations; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the State Board of Education to develop nonbinding recommendations for the ratio of pupils to certain personnel in public schools. (NRS 388.890) Section 1 of this bill requires the board of trustees of a school district in a county whose population is 100,000 or more (currently Clark and Washoe Counties) to develop a plan to improve ratios of pupils to specialized instructional support personnel to meet the ratio recommended by the State Board. Section 1 provides that the plan must include, without limitation: (1) strategies to recruit and retain specialized instructional support personnel; and (2) annual targets. Section 1 further requires the board of trustees of a school district in a county whose population is 100,000 or more (currently Clark and Washoe Counties) to submit an annual report on the implementation of the plan to the Department of Education.
κ2021 Statutes of Nevada, Page 739 (CHAPTER 167, SB 151)κ
on the implementation of the plan to the Department of Education. Section 1 requires the Department to submit a compilation of the reports it receives to: (1) the Governor; (2) in odd-numbered years, the Director of the Legislative Counsel Bureau for transmittal to the Senate and Assembly Standing Committees on Education; (3) in even-numbered years, the Legislative Committee on Education; and (4) the State Board.
Existing law outlines the duties of a school counselor, school psychologist and school social worker. (NRS 391.293, 391.294, 391.296) Section 2 of this bill requires each school counselor and school psychologist to complete continuing education as determined by the Commission on Professional Standards in Education and requires the Commission to adopt regulations relating to the continuing education of school counselors and school psychologists. Section 2 requires each school social worker to complete continuing education as determined by the Board of Examiners for Social Workers and requires the Board to adopt regulations relating to the continuing education of school social workers.
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 388 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board of trustees of a school district in a county whose population is 100,000 or more shall develop a plan to improve the ratio of pupils to specialized instructional support personnel to meet the ratio recommended by the State Board pursuant to NRS 388.890. The plan must include, without limitation:
(a) Strategies to recruit and retain school counselors, school psychologists and school social workers and other specialized instructional support personnel; and
(b) Annual targets to meet the ratio of pupils to specialized instructional support personnel recommended by the State Board pursuant to NRS 388.890.
2. On or before October 1 of each year, the board of trustees of a school district in a county whose population is 100,000 or more shall submit to the Department a report on the implementation of the plan developed pursuant to subsection 1 for the immediately preceding school year. The report must include, without limitation:
(a) The ratio of pupils to specialized instructional support personnel for the immediately preceding school year, disaggregated by type of specialized instructional support personnel, and any progress made to meet the recommended ratio;
(b) An evaluation of the strategies to recruit and retain specialized instructional support personnel implemented pursuant to paragraph (a) of subsection 1; and
(c) A strategy to be implemented over the next school year to meet the annual targets identified pursuant to paragraph (b) of subsection 1.
3. On or before February 1 of each year, the Department shall submit a compilation of the reports submitted to the Department pursuant to subsection 2 to:
κ2021 Statutes of Nevada, Page 740 (CHAPTER 167, SB 151)κ
(a) The Governor;
(b) In odd-numbered years, the Director of the Legislative Counsel Bureau for transmittal to the Senate and Assembly Standing Committees on Education;
(c) In even-numbered years, the Legislative Committee on Education; and
(d) The State Board.
4. The compilation prepared by the Department pursuant to subsection 3 must allow the information included in the report to be disaggregated by school district. The Department shall post a copy of the compilation on its Internet website.
5. As used in this section, specialized instructional support personnel has the meaning ascribed to it in NRS 388.890.
Sec. 2. Chapter 391 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each school counselor and school psychologist shall complete continuing education as determined by the Commission.
2. The Commission shall adopt regulations establishing continuing education requirements for school counselors and school psychologists. The regulations must include, without limitation, the amount of continuing education a school counselor or school psychologist must complete pursuant to subsection 1.
3. Each school social worker shall complete continuing education as determined by the Board of Examiners for Social Workers.
4. The Board of Examiners for Social Workers shall adopt regulations establishing continuing education requirements for school social workers. The regulations must include, without limitation, the amount of continuing education a school social worker must complete pursuant to subsection 3.
Sec. 3. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 4. 1. This section becomes effective upon passage and approval.
2. Sections 2 and 3 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, 2022, for all other purposes.
3. Section 1 of this act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 741κ
Senate Bill No. 168Senators Lange, Brooks; D. Harris, Scheible and Spearman
CHAPTER 168
[Approved: May 27, 2021]
AN ACT relating to cannabis; authorizing the Cannabis Compliance Board to adopt regulations imposing requirements relating to the packaging and labeling of cannabis and cannabis products; authorizing a cannabis sales facility to engage in curbside pickup under certain circumstances; revising certain requirements relating to the labeling of cannabis products; revising requirements relating to information that is required to be provided to purchasers of cannabis or cannabis products; requiring the Board to adopt regulations allowing for certain records of a cannabis establishment to be created and maintained in an electronic format; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the licensure and regulation of persons and establishments involved in the cannabis industry in this State by the Cannabis Compliance Board. (Title 56 of NRS) Existing law authorizes the Board to adopt regulations imposing reasonable restrictions on signage, marketing, display and advertising of cannabis establishments. (NRS 678A.450) Section 1 of this bill similarly authorizes the Board to adopt regulations imposing requirements for the packaging and labeling of cannabis and cannabis products.
Section 3 of this bill: (1) authorizes a cannabis sales facility to engage in curbside pickup in accordance with regulations adopted by the Board; and (2) requires the Board to adopt regulations governing curbside pickup conducted by cannabis sales facilities. Section 3 defines curbside pickup to mean the delivery of cannabis or cannabis products by a cannabis sales facility to a consumer in a motor vehicle on the premises of the cannabis sales facility. Section 3 also provides that nothing in section 3 prohibits a local government from adopting and enforcing an ordinance or rule prohibiting a cannabis sales facility from engaging in curbside pickup based on the characteristics of the location of the cannabis sales facility or any other considerations.
Existing law requires each cannabis establishment to, in consultation with the Board, cooperate to ensure that all cannabis products offered for sale meet certain requirements, including, without limitation, certain requirements relating to the labeling of such products. Existing law requires a cannabis production facility to affix a label on each cannabis product containing certain specified information. (NRS 678B.520) Section 5 of this bill removes this requirement and instead requires each cannabis establishment to, in consultation with the Board, cooperate to ensure that all cannabis products offered for sale are labeled with certain specified information and any other information the Board may require by regulation.
Existing law requires a cannabis sales facility to include with each sale of cannabis or cannabis products a written notification containing certain information. (NRS 678B.520) Section 5 revises this requirement to require a cannabis sales facility to, instead of providing a written notification, convey the information to each purchaser of cannabis or cannabis products in a manner prescribed by the Board.
Existing law requires the Board to adopt regulations concerning the operation of cannabis establishments, including, without limitation, regulations setting forth minimum requirements for the keeping of records by cannabis establishments.
κ2021 Statutes of Nevada, Page 742 (CHAPTER 168, SB 168)κ
(NRS 678B.650) Section 6 of this bill additionally requires the Board to adopt regulations allowing for any record relating to the delivery of cannabis or cannabis products that is required to be kept by a cannabis establishment to be created and maintained in an electronic format.
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 678A.450 is hereby amended to read as follows:
678A.450 1. The Board may adopt regulations necessary or convenient to carry out the provisions of this title. Such regulations may include, without limitation:
(a) Financial requirements for licensees.
(b) Establishing such investigative and enforcement mechanisms as the Board deems necessary to ensure the compliance of a licensee or registrant with the provisions of this title.
(c) Requirements for licensees or registrants relating to the cultivation, processing, manufacture, transport, distribution, testing, study, advertising and sale of cannabis and cannabis products.
(d) Policies and procedures to ensure that the cannabis industry in this State is economically competitive, inclusive of racial minorities, women and persons and communities that have been adversely affected by cannabis prohibition and accessible to persons of low-income seeking to start a business.
(e) Policies and procedures governing the circumstances under which the Board may waive the requirement to obtain a registration card pursuant to this title for any person who holds an ownership interest of less than 5 percent in any one cannabis establishment or an ownership interest in more than one cannabis establishment of the same type that, when added together, is less than 5 percent.
(f) Reasonable restrictions on the signage, marketing, display and advertising of cannabis establishments. Such a restriction must not require a cannabis establishment to obtain the approval of the Board before using a logo, sign or advertisement.
(g) Provisions governing the sales of products and commodities made from hemp, as defined in NRS 557.160, or containing cannabidiol by cannabis establishments.
(h) Requirements relating to the packaging and labeling of cannabis and cannabis products.
2. The Board shall adopt regulations providing for the gathering and maintenance of comprehensive demographic information, including, without limitation, information regarding race, ethnicity, age and gender, concerning each:
(a) Owner and manager of a cannabis establishment.
(b) Holder of a cannabis establishment agent registration card.
3. The Board shall transmit the information gathered and maintained pursuant to subsection 2 to the Director of the Legislative Counsel Bureau for transmission to the Legislature on or before January 1 of each odd-numbered year.
4. The Board shall, by regulation, establish a pilot program for identifying opportunities for an emerging small cannabis business to participate in the cannabis industry.
κ2021 Statutes of Nevada, Page 743 (CHAPTER 168, SB 168)κ
participate in the cannabis industry. As used in this subsection, emerging small cannabis business means a cannabis-related business that:
(a) Is in existence, operational and operated for a profit;
(b) Maintains its principal place of business in this State; and
(c) Satisfies requirements for the number of employees and annual gross revenue established by the Board by regulation.
Sec. 2. (Deleted by amendment.)
Sec. 3. Chapter 678B of NRS is hereby amended by adding thereto a new section to read as follows:
1. A cannabis sales facility may engage in curbside pickup in accordance with the regulations adopted by the Board pursuant to this section.
2. The Board shall adopt regulations setting forth procedures and requirements for the conducting of curbside pickup by a cannabis sales facility and any other regulations governing curbside pickup that the Board determines are necessary.
3. Nothing in this section shall be construed as prohibiting a local government from adopting and enforcing an ordinance or rule that prohibits a cannabis sales facility from engaging in curbside pickup based on the characteristics of the location of the cannabis sales facility or any other considerations.
4. As used in this section, curbside pickup means the delivery of cannabis or cannabis products by a cannabis sales facility to a consumer in a motor vehicle located on the premises of the cannabis sales facility.
Sec. 4. (Deleted by amendment.)
Sec. 5. NRS 678B.520 is hereby amended to read as follows:
678B.520 1. Each cannabis establishment shall, in consultation with the Board, cooperate to ensure that all cannabis products offered for sale:
(a) Are labeled clearly and unambiguously:
(1) As cannabis or medical cannabis with the words THIS IS A MEDICAL CANNABIS PRODUCT or THIS IS A CANNABIS PRODUCT, as applicable, in bold type; and
(2) As required by the provisions of this chapter and chapters 678C and 678D of NRS.
(b) Are not presented in packaging that contains an image of a cartoon character, mascot, action figure, balloon or toy, except that such an item may appear in the logo of the cannabis production facility which produced the product.
(c) Are regulated and sold on the basis of the concentration of THC in the products and not by weight.
(d) Are packaged and labeled in such a manner as to allow tracking by way of an inventory control system.
(e) Are not packaged and labeled in a manner which is modeled after a brand of products primarily consumed by or marketed to children.
(f) Are labeled in a manner which indicates the amount of THC in the product, measured in milligrams, and includes a statement that the product contains cannabis and its potency was tested with an allowable variance of the amount determined by the Board by regulation.
(g) Are not labeled or marketed as candy.
(h) Are labeled with:
(1) The words Keep out of reach of children;
(2) A list of all ingredients used in the cannabis product;
κ2021 Statutes of Nevada, Page 744 (CHAPTER 168, SB 168)κ
(3) A list of all major food allergens in the cannabis product; and
(4) Any other information the Board may require by regulation.
2. A cannabis production facility shall not produce cannabis products in any form that:
(a) Is or appears to be a lollipop.
(b) Bears the likeness or contains characteristics of a real or fictional person, animal or fruit, including, without limitation, a caricature, cartoon or artistic rendering.
(c) Is modeled after a brand of products primarily consumed by or marketed to children.
(d) Is made by applying concentrated cannabis, as defined in NRS 453.042, to a commercially available candy or snack food item other than dried fruit, nuts or granola.
3. A cannabis production facility shall:
(a) Seal any cannabis product that consists of cookies or brownies in a bag or other container which is not transparent.
(b) [Affix a label to each cannabis product which includes, without limitation, in a manner which must not mislead consumers, the following information:
(1) The words Keep out of reach of children;
(2) A list of all ingredients used in the cannabis product;
(3) A list of all allergens in the cannabis product; and
(4) The total content of THC measured in milligrams.
(c)] Maintain a hand washing area with hot water, soap and disposable towels which is located away from any area in which cannabis products are cooked or otherwise prepared.
[(d)] (c) Require each person who handles cannabis products to restrain his or her hair, wear clean clothing and keep his or her fingernails neatly trimmed.
[(e)] (d) Package all cannabis products produced by the cannabis production facility on the premises of the cannabis production facility.
4. A cannabis establishment shall not engage in advertising that in any way makes cannabis or cannabis products appeal to children, including, without limitation, advertising which uses an image of a cartoon character, mascot, action figure, balloon, fruit or toy.
5. Each cannabis sales facility shall offer for sale containers for the storage of cannabis and cannabis products which lock and are designed to prohibit children from unlocking and opening the container.
6. A cannabis sales facility shall:
(a) [Include a written notification with each sale] Convey to each purchaser of cannabis or cannabis products [which advises the purchaser:] the following information in a manner prescribed by the Board:
(1) To keep cannabis and cannabis products out of the reach of children;
(2) That cannabis products can cause severe illness in children;
(3) That allowing children to ingest cannabis or cannabis products or storing cannabis or cannabis products in a location which is accessible to children may result in an investigation by an agency which provides child welfare services or criminal prosecution for child abuse or neglect;
(4) That the intoxicating effects of edible cannabis products may be delayed by 2 hours or more and users of edible cannabis products should initially ingest a small amount of the product, then wait at least 120 minutes before ingesting any additional amount of the product;
κ2021 Statutes of Nevada, Page 745 (CHAPTER 168, SB 168)κ
(5) That pregnant women should consult with a physician before ingesting cannabis or cannabis products;
(6) That ingesting cannabis or cannabis products with alcohol or other drugs, including prescription medication, may result in unpredictable levels of impairment and that a person should consult with a physician before doing so;
(7) That cannabis or cannabis products can impair concentration, coordination and judgment and a person should not operate a motor vehicle while under the influence of cannabis or cannabis products; and
(8) That ingestion of any amount of cannabis or cannabis products before driving may result in criminal prosecution for driving under the influence.
(b) Enclose all cannabis and cannabis products in opaque, child-resistant packaging upon sale.
7. A cannabis sales facility shall allow any person who is at least 21 years of age to enter the premises of the cannabis sales facility.
8. If the health authority, as defined in NRS 446.050, where a cannabis production facility or cannabis sales facility which sells edible cannabis products is located requires persons who handle food at a food establishment to obtain certification, the cannabis production facility or cannabis sales facility shall ensure that at least one employee maintains such certification.
9. A cannabis production facility may sell a commodity or product made using hemp, as defined in NRS 557.160, or containing cannabidiol to a cannabis sales facility.
10. In addition to any other product authorized by the provisions of this title, a cannabis sales facility may sell:
(a) Any commodity or product made using hemp, as defined in NRS 557.160;
(b) Any commodity or product containing cannabidiol with a THC concentration of not more than 0.3 percent; and
(c) Any other product specified by regulation of the Board.
11. A cannabis establishment:
(a) Shall not engage in advertising which contains any statement or illustration that:
(1) Is false or misleading;
(2) Promotes overconsumption of cannabis or cannabis products;
(3) Depicts the actual consumption of cannabis or cannabis products; or
(4) Depicts a child or other person who is less than 21 years of age consuming cannabis or cannabis products or objects suggesting the presence of a child, including, without limitation, toys, characters or cartoons, or contains any other depiction which is designed in any manner to be appealing to or encourage consumption of cannabis or cannabis products by a person who is less than 21 years of age.
(b) Shall not advertise in any publication or on radio, television or any other medium if 30 percent or more of the audience of that medium is reasonably expected to be persons who are less than 21 years of age.
(c) Shall not place an advertisement:
(1) Within 1,000 feet of a public or private school, playground, public park or library, but may maintain such an advertisement if it was initially placed before the school, playground, public park or library was located within 1,000 feet of the location of the advertisement;
κ2021 Statutes of Nevada, Page 746 (CHAPTER 168, SB 168)κ
(2) On or inside of a motor vehicle used for public transportation or any shelter for public transportation;
(3) At a sports event to which persons who are less than 21 years of age are allowed entry; or
(4) At an entertainment event if it is reasonably estimated that 30 percent or more of the persons who will attend that event are less than 21 years of age.
(d) Shall not advertise or offer any cannabis or cannabis product as free or donated without a purchase.
(e) Shall ensure that all advertising by the cannabis establishment contains such warnings as may be prescribed by the Board, which must include, without limitation, the following words:
(1) Keep out of reach of children; and
(2) For use only by adults 21 years of age and older.
12. Nothing in subsection 11 shall be construed to prohibit a local government, pursuant to chapter 244, 268 or 278 of NRS, from adopting an ordinance for the regulation of advertising relating to cannabis which is more restrictive than the provisions of subsection 11 relating to:
(a) The number, location and size of signs, including, without limitation, any signs carried or displayed by a natural person;
(b) Handbills, pamphlets, cards or other types of advertisements that are distributed, excluding an advertisement placed in a newspaper of general circulation, trade publication or other form of print media;
(c) Any stationary or moving display that is located on or near the premises of a cannabis establishment; and
(d) The content of any advertisement used by a cannabis establishment if the ordinance sets forth specific prohibited content for such an advertisement.
13. If a cannabis establishment engages in advertising for which it is required to determine the percentage of persons who are less than 21 years of age and who may reasonably be expected to view or hear the advertisement, the cannabis establishment shall maintain documentation for not less than 5 years after the date on which the advertisement is first broadcasted, published or otherwise displayed that demonstrates the manner in which the cannabis establishment determined the reasonably expected age of the audience for that advertisement.
14. In addition to any other penalties provided for by law, the Board may impose a civil penalty upon a cannabis establishment that violates the provisions of subsection 11 or 13 as follows:
(a) For the first violation in the immediately preceding 2 years, a civil penalty not to exceed $1,250.
(b) For the second violation in the immediately preceding 2 years, a civil penalty not to exceed $2,500.
(c) For the third violation in the immediately preceding 2 years, a civil penalty not to exceed $5,000.
(d) For the fourth violation in the immediately preceding 2 years, a civil penalty not to exceed $10,000.
15. As used in this section, motor vehicle used for public transportation does not include a taxicab, as defined in NRS 706.124.
Sec. 6. NRS 678B.650 is hereby amended to read as follows:
678B.650 The Board shall adopt such regulations as it determines to be necessary or advisable to carry out the provisions of this chapter. Such regulations are in addition to any requirements set forth in statute and must, without limitation:
κ2021 Statutes of Nevada, Page 747 (CHAPTER 168, SB 168)κ
1. Prescribe the form and any additional required content of applications for licenses or registration cards issued pursuant to this chapter;
2. Establish procedures for the suspension or revocation of a license or registration card or other disciplinary action to be taken against a licensee or registrant;
3. Set forth rules pertaining to the safe and healthful operation of cannabis establishments, including, without limitation:
(a) The manner of protecting against diversion and theft without imposing an undue burden on cannabis establishments or compromising the confidentiality of consumers and holders of registry identification cards and letters of approval, as those terms are defined in NRS 678C.080 and 678C.070, respectively;
(b) Minimum requirements for the oversight of cannabis establishments;
(c) Minimum requirements for the keeping of records by cannabis establishments;
(d) Provisions for the security of cannabis establishments, including without limitation, requirements for the protection by a fully operational security alarm system of each cannabis establishment; and
(e) Procedures pursuant to which cannabis establishments must use the services of cannabis independent testing laboratories to ensure that any cannabis or cannabis product or commodity or product made from hemp, as defined in NRS 557.160, sold by a cannabis sales facility to an end user is tested for content, quality and potency in accordance with standards established by the Board;
4. Establish circumstances and procedures pursuant to which the maximum fees set forth in NRS 678B.390 may be reduced over time to ensure that the fees imposed pursuant to NRS 678B.390 are, insofar as may be practicable, revenue neutral;
5. Establish different categories of cannabis establishment agent registration cards, including, without limitation, criteria for issuance of a cannabis establishment agent registration card for a cannabis executive and criteria for training and certification, for each of the different types of cannabis establishments at which such an agent may be employed or volunteer or provide labor as a cannabis establishment agent;
6. As far as possible while maintaining accountability, protect the identity and personal identifying information of each person who receives, facilitates or delivers services in accordance with this chapter;
7. Establish procedures and requirements to enable a dual licensee to operate a medical cannabis establishment and an adult-use cannabis establishment at the same location;
8. Determine whether any provision of this chapter or chapter 678C or 678D of NRS would make the operation of a cannabis establishment by a dual licensee unreasonably impracticable; [and]
9. Allow for any record relating to the delivery of cannabis or cannabis products that is required to be kept by a cannabis establishment to be created and maintained in an electronic format; and
10. Address such other matters as the Board deems necessary to carry out the provisions of this title.
Sec. 7. (Deleted by amendment.)
Sec. 8. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 748κ
Senate Bill No. 172Senators Denis, Dondero Loop and Buck
Joint Sponsor: Assemblywoman Tolles
CHAPTER 169
[Approved: May 27, 2021]
AN ACT relating to education; requiring the State Board of Education to provide a uniform grading scale for certain courses; revising provisions governing dual credit courses; requiring the board of trustees of a school district and the governing body of a charter school to submit a report regarding such courses to the Legislative Committee on Education and the Director of the Legislative Counsel Bureau; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the State Board of Education to adopt regulations that provide a uniform grading scale for all public high schools, including, without limitation, a grading scale for advanced placement courses and honors courses. (NRS 389.007) Section 1 of this bill requires such regulations to include a uniform grading scale for dual credit courses and international baccalaureate courses and to assign the same weight to such courses as that assigned to advanced placement courses if the dual credit course or international baccalaureate course is in a core academic subject or a subject for which an advanced placement course is offered.
Existing law establishes provisions relating to dual credit courses. (NRS 389.300, 389.310) Under existing law, the board of trustees of a school district or the governing body of a charter school must establish an application for enrollment in a dual credit course. A pupil enrolled in high school who wishes to enroll in a dual credit course must use this application. Such a pupil may only enroll in a dual credit course if his or her application is approved and he or she has completed the prerequisites for the course. (NRS 389.300) Section 5 of this bill eliminates those requirements.
Existing law requires a school district or charter school to enter into a cooperative agreement with a community college, state college or university to offer dual credit courses to pupils enrolled in the school district or charter school. Existing law sets forth various requirements that must be included in the cooperative agreement. (NRS 389.310) Section 1.5 of this bill removes provisions relating to cooperative agreements to offer dual credit courses and instead requires a school district or charter school to establish a program for dual credit. Section 1.5 also requires the board of trustees of each school district and the governing body of each charter school to biennially submit a report on its program for dual credit to the Director of the Legislative Counsel Bureau and the Legislative Committee on Education that may include, without limitation, certain information on the: (1) pupils enrolled in the program; (2) costs associated with the program; and (3) teachers employed by the school district or charter school who are involved in the program. Section 1.5 requires the Department of Education, in consultation with the Board of Regents of the University of Nevada, school districts and charter schools, to adopt regulations prescribing the contents of the report.
Section 2 of this bill requires the Legislative Committee on Education to hold a meeting on dual credit courses in the 2021-2022 interim.
κ2021 Statutes of Nevada, Page 749 (CHAPTER 169, SB 172)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 389.007 is hereby amended to read as follows:
389.007 1. The State Board shall adopt regulations that prescribe a uniform grading scale for all public high schools, including, without limitation, a uniform grading scale for dual credit courses, international baccalaureate courses, advanced placement courses and honors courses. The regulations adopted pursuant to this section must assign the same weight to dual credit courses and international baccalaureate courses as the weight assigned to advanced placement courses if the dual credit course or international baccalaureate course is a core academic subject designated pursuant to NRS 389.018 or a subject for which an advanced placement course is offered.
2. The board of trustees of each school district and the governing body of each charter school that operates as a high school shall comply with the uniform grading scale.
Sec. 1.5. NRS 389.310 is hereby amended to read as follows:
389.310 1. Each school district and charter school shall [enter into cooperative agreements with one or more community colleges, state colleges and universities to offer] establish a program for dual credit [courses to] , or partner with another school district or charter school that has already established a program for dual credit, whereby pupils enrolled in the school district or charter school [.
2. Each cooperative agreement entered into pursuant to this section must include, without limitation:
(a) Provisions specifying the amount of credit to be awarded for the successful completion of the dual credit course;
(b) A requirement that any] may enroll in a dual credit course at a community college, state college or university that has been approved for dual credit pursuant to NRS 389.160. Any credits earned by a pupil for the successful completion of a dual credit course must be applied toward earning a credential, certificate or degree, as applicable, at the community college, state college or university . [that provides the dual credit course;
(c) An explanation of the manner in which the tuition for the dual credit course will be paid, including, without limitation, whether:
(1) The school district or charter school will pay all or a portion of the tuition for the dual credit course;
(2) A pupil is responsible for paying all or a portion of the tuition for the dual credit course;
(3) Grants from the Department are available and will be applied to pay all or a portion of the tuition for the dual credit course; and
(4) Any other funding source, including federal funding sources or sources from private entities, will be applied by the school district or charter school to pay all or a portion of the tuition for the dual credit course;
(d) A requirement that the school district or charter school establish an academic program for each pupil enrolled in the dual credit course that includes, as applicable, the academic plan developed for the pupil pursuant to NRS 388.205;
κ2021 Statutes of Nevada, Page 750 (CHAPTER 169, SB 172)κ
(e) Assignment by the school district or charter school of a unique identification number to each pupil who is enrolled in the dual credit course;
(f) A requirement that the community college, state college or university that provides the dual credit course retain the unique identification number assigned to each pupil pursuant to paragraph (e);
(g) A written consideration and identification of the ways in which a pupil who is enrolled in a dual credit course can remain eligible for interscholastic activities; and
(h) Any other financial or other provisions that the school district or charter school and the community college, state college or university that provides the dual credit course deem appropriate.
3. A community college, state college or university that offers a dual credit course shall provide to the Nevada System of Higher Education and the Department a copy of each cooperative agreement entered into by the community college, state college or university pursuant to subsection 1.
4. The Nevada System of Higher Education and the Department shall retain a copy of each cooperative agreement entered into pursuant to this section.]
2. On or before December 1 of each odd-numbered year, the board of trustees of each school district and the governing body of each charter school shall submit a report on its program for dual credit established pursuant to subsection 1 to the Legislative Committee on Education and the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature. The Department, in consultation with the Board of Regents of the University of Nevada, school districts and charter schools, shall adopt regulations prescribing the information the report must include. The report may include, without limitation:
(a) The number of pupils enrolled in the program;
(b) A list of the courses in which pupils enroll;
(c) The number of pupils enrolled in each course;
(d) The demographics of the pupils enrolled in the program, including, without limitation, race, ethnicity, gender identity or expression, grade level and eligibility for free or reduced-price lunch pursuant to 42 U.S.C. §§ 1751 et seq.;
(e) The cost to the school district or charter school for establishing and maintaining the program;
(f) The cost to pupils for participating in the program; and
(g) The number of teachers employed by the school district or charter school who serve as the teacher of record for a dual credit course.
Sec. 2. The Legislative Committee on Education shall hold a meeting during the 2021-2022 interim relating to dual credit courses. The Committee shall:
1. Review the reports required to be submitted pursuant to section 1.5 of this act; and
2. Hear presentations from relevant stakeholders on information related to the reports required to be submitted pursuant to section 1.5 of this act and on any recommendations for legislation.
Sec. 3. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 4. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
κ2021 Statutes of Nevada, Page 751 (CHAPTER 169, SB 172)κ
Sec. 5. NRS 389.300 is hereby repealed.
Sec. 6. 1. This section and sections 2 to 5, inclusive, of this act become effective upon passage and approval.
2. Section 1.5 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.
3. 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, 2022, for all other purposes.
________
Senate Bill No. 181Senators Goicoechea, Hardy, Pickard and Buck
Joint Sponsors: Assemblymen Titus, Hafen and Ellison
CHAPTER 170
[Approved: May 27, 2021]
AN ACT relating to alcohol and drug counselors; revising the requirements for the completion of postgraduate counseling for certain licenses for alcohol and drug counselors; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, licensure as a clinical alcohol and drug counselor by the Board of Examiners for Alcohol, Drug and Gambling Counselors requires the completion of: (1) a program approved by the Board that includes at least 2,000 hours of supervised, postgraduate counseling of persons with alcohol and other substance use disorders; and (2) a program approved by the Board that includes at least 2,000 hours of postgraduate counseling of persons with mental illness who also have alcohol and other substance use disorders that is supervised by an approved licensed clinical alcohol and drug counselor. (NRS 641C.330) Section 1 of this bill consolidates such requirements into the completion of a single program consisting of 3,000 hours.
Section 1: (1) reduces the minimum required hours in such a program for postgraduate counseling of persons with mental illness who also have alcohol and other substance use disorders from 2,000 hours to 1,500 hours; (2) eliminates the requirement that such postgraduate counseling be supervised by a licensed clinical alcohol and drug counselor approved by the Board; (3) requires the program to include at least 1,000 hours of postgraduate counseling of persons with alcohol and other substance use disorders; and (4) requires the program to include at least 500 hours of additional postgraduate counseling of persons with mental illness who also have alcohol and other substance use disorders or persons with alcohol and other substance use disorders.
Under existing law, licensure as an alcohol and drug counselor by the Board requires 4,000 hours of supervised counseling of persons with alcohol and other substance use disorders. (NRS 641C.350) Section 2 of this bill reduces the minimum requirement from 4,000 hours to 3,000 hours.
κ2021 Statutes of Nevada, Page 752 (CHAPTER 170, SB 181)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 641C.330 is hereby amended to read as follows:
641C.330 The Board shall issue a license as a clinical alcohol and drug counselor to:
1. A person who:
(a) Is not less than 21 years of age;
(b) Has received a masters degree or a doctoral degree from an accredited college or university in a field of social science approved by the Board that includes comprehensive course work in clinical mental health, including the diagnosis of mental health disorders;
(c) Has completed a program approved by the Board consisting of at least [2,000] 3,000 hours of supervised, postgraduate counseling of persons with alcohol and other substance use disorders [;
(d) Has completed a program] and persons with mental illness who also have alcohol and other substance use disorders that:
(1) [Is approved by the Board; and
(2)] Consists of at least [2,000] 1,500 hours of postgraduate counseling of persons with mental illness who also have alcohol and other substance use disorders [that is supervised by a licensed clinical alcohol and drug counselor who is approved by the Board;] ;
(2) Consists of at least 1,000 hours of postgraduate counseling of persons with alcohol and other substance use disorders; and
(3) Consists of at least 500 hours of additional postgraduate counseling of persons with mental illness who also have alcohol and other substance use disorders or persons with alcohol and other substance use disorders;
[(e)] (d) Passes the written and oral examinations prescribed by the Board pursuant to NRS 641C.290;
[(f)] (e) Pays the fees required pursuant to NRS 641C.470; and
[(g)] (f) Submits all information required to complete an application for a license.
2. A person who:
(a) Is not less than 21 years of age;
(b) Is:
(1) Licensed as a clinical social worker pursuant to chapter 641B of NRS;
(2) Licensed as a marriage and family therapist or a clinical professional counselor pursuant to chapter 641A of NRS; or
(3) A nurse who is licensed pursuant to chapter 632 of NRS and has received a masters degree or a doctoral degree from an accredited college or university;
(c) Has completed at least 6 months of supervised counseling of persons with alcohol and other substance use disorders approved by the Board;
(d) Passes the written and oral examinations prescribed by the Board pursuant to NRS 641C.290;
(e) Pays the fees required pursuant to NRS 641C.470; and
κ2021 Statutes of Nevada, Page 753 (CHAPTER 170, SB 181)κ
(f) Submits all the information required to complete an application for a license.
Sec. 2. NRS 641C.350 is hereby amended to read as follows:
641C.350 The Board shall issue a license as an alcohol and drug counselor to:
1. A person who:
(a) Is not less than 21 years of age;
(b) Has received a masters degree or a doctoral degree from an accredited college or university in a field of social science approved by the Board;
(c) Has completed [4,000] 3,000 hours of supervised counseling of persons with alcohol and other substance use disorders;
(d) Passes the written and oral examinations prescribed by the Board pursuant to NRS 641C.290;
(e) Pays the fees required pursuant to NRS 641C.470; and
(f) Submits all information required to complete an application for a license.
2. A person who:
(a) Is not less than 21 years of age;
(b) Is:
(1) Licensed as a clinical social worker pursuant to chapter 641B of NRS;
(2) Licensed as a clinical professional counselor pursuant to chapter 641A of NRS;
(3) Licensed as a marriage and family therapist pursuant to chapter 641A of NRS;
(4) A nurse who is licensed pursuant to chapter 632 of NRS and has received a masters degree or a doctoral degree from an accredited college or university; or
(5) Licensed as a clinical alcohol and drug counselor pursuant to this chapter;
(c) Has completed 1,000 hours of supervised counseling of persons with alcohol and other substance use disorders approved by the Board;
(d) Passes the written and oral examinations prescribed by the Board pursuant to NRS 641C.290;
(e) Pays the fees required pursuant to NRS 641C.470; and
(f) Submits all information required to complete an application for a license.
________
κ2021 Statutes of Nevada, Page 754κ
Senate Bill No. 184Senator Hardy
CHAPTER 171
[Approved: May 27, 2021]
AN ACT relating to professions; providing that a person may be simultaneously licensed as a physician assistant by the Board of Medical Examiners and the State Board of Osteopathic Medicine; providing for a fee for a simultaneous license; requiring the respective Boards to supply a list of physician assistants licensed by the respective Boards; revising the requirements governing licensure as a physician assistant; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes requirements that govern the supervision of physician assistants by: (1) allopathic physicians who engage in the practice of medicine pursuant to chapter 630 of NRS; and (2) osteopathic physicians who engage in the practice of osteopathic medicine pursuant to chapter 633 of NRS. (NRS 630.271-630.2752, 633.432-633.469)
Existing law also authorizes an osteopathic physician to supervise a physician assistant in person, electronically, telephonically or by fiber optics. (NRS 633.469) Section 19 of this bill removes the authority of the Board of Medical Examiners to adopt regulations relating to the supervision of a physician assistant electronically, telephonically or by fiber optics.
Sections 6 and 25 of this bill require a person who is applying for a license to practice as a physician assistant under chapter 630 or 633 of NRS and wishes to be simultaneously licensed as a physician assistant under both chapters 630 and 633 of NRS to: (1) indicate in his or her application that he or she wishes to hold a simultaneous license; (2) submit an application for a license to the Board of Medical Examiners under chapter 630 of NRS and to the State Board of Osteopathic Medicine under chapter 633 of NRS; and (3) pay the fee for the application and issuance of a simultaneous license as a physician assistant to both Boards. Sections 7 and 26 of this bill require a person who is applying to renew a license to practice as a physician assistant under chapter 630 or 633 of NRS and wishes to be simultaneously licensed as a physician assistant under both chapters 630 and 633 of NRS to: (1) indicate in his or her application that he or she wishes to hold a simultaneous license; (2) submit an application to renew a license to practice as a physician assistant with the Board under which he or she is currently licensed and submit an application for a license to practice as a physician assistant to the Board under which he or she is not currently licensed; and (3) pay the fee for simultaneous registration of a physician assistant to both Boards. Existing law provides certain fees for a physician assistant. (NRS 630.268, 633.501) Sections 16 and 44 of this bill provide that the fee that each Board charges for simultaneous registration is equal to half of the fee each Board would charge for registration for a person who is licensed by only one Board.
Sections 8 and 27 of this bill require a person who is licensed to practice as a physician assistant who is not applying for a renewal of his or her license and who wishes to be simultaneously licensed as a physician assistant under both chapters 630 and 633 of NRS to: (1) apply for a license to the Board under which he or she is not licensed; and (2) pay the fee for application and issuance of a simultaneous license as a physician assistant to both Boards. Section 39 of this bill makes a conforming change to exempt a physician assistant from certain requirements governing the supervision of a physician assistant licensed pursuant to chapter 633 of NRS by an allopathic physician licensed pursuant to chapter 630 of NRS.
κ2021 Statutes of Nevada, Page 755 (CHAPTER 171, SB 184)κ
Sections 9 and 28 of this bill require the Board of Medical Examiners and the State Board of Osteopathic Medicine to provide to the State Board of Osteopathic Medicine or the Board of Medical Examiners, respectively, a list of all physician assistants who are licensed by the respective Boards.
Existing law provides that the provisions governing allopathic physicians, physician assistants, medical assistants, perfusionists and practitioners of respiratory care and osteopathic medicine do not apply to certain persons and in certain circumstances. (NRS 630.047, 633.171) Sections 11 and 30 of this bill provide that such provisions do not apply to: (1) the performance of medical services by a student enrolled in an educational program for a physician assistant which is accredited by the Accreditation Review Commission on Education for the Physician Assistant, Inc., as part of such a program; and (2) a physician assistant of any division or department of the United States in the discharge of his or her official duties.
Existing law authorizes a person holding a license as an allopathic or osteopathic physician, physician assistant, perfusionist or practitioner of respiratory care to place his or her license on inactive status. (NRS 630.255, 633.491) Section 14 of this bill authorizes the Board of Medical Examiners to place any physician assistant who notifies the Board in writing on inactive status. Sections 14 and 43 of this bill: (1) prohibit a physician assistant with a license on inactive status from practicing as a physician assistant; and (2) require the Board of Medical Examiners and the State Board of Osteopathic Medicine, respectively, to exempt a physician assistant with a license on inactive status from paying certain fees.
Existing law prescribes certain requirements relating to the renewal of a license to practice as a physician assistant. (NRS 630.275, 633.471) Sections 19 and 42 of this bill prohibit the Board of Medical Examiners and the State Board of Osteopathic Medicine from requiring a physician assistant to receive or maintain certification by the National Commission on Certification of Physician Assistants to satisfy any continuing education requirements for the renewal of a license.
Existing law authorizes an applicant for the issuance of a license by endorsement to practice as a physician assistant to submit to the Board of Medical Examiners or the State Board of Osteopathic Medicine an application for such a license if the applicant satisfies certain requirements, including being certified in a specialty recognized by certain professional organizations. (NRS 630.2751, 630.2752, 633.4335, 633.4336) Sections 20, 21, 35 and 36 of this bill remove the requirement that an applicant for the issuance of a license by endorsement be certified in a specialty recognized by such organizations.
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 the provisions set forth as sections 2 to 10, inclusive, of this act.
Secs. 2-5. (Deleted by amendment.)
Sec. 6. A person applying for a license to practice as a physician assistant pursuant to the provisions of this chapter who wishes to hold a simultaneous license to practice as a physician assistant pursuant to the provisions of chapter 633 of NRS must:
1. Indicate in the application that he or she wishes to hold a simultaneous license to practice as a physician assistant pursuant to the provisions of chapter 633 of NRS;
2. Apply for a license to practice as a physician assistant to:
(a) The Board pursuant to this chapter; and
(b) The State Board of Osteopathic Medicine pursuant to chapter 633 of NRS; and
κ2021 Statutes of Nevada, Page 756 (CHAPTER 171, SB 184)κ
3. Pay all applicable fees, including, without limitation:
(a) The fee for application for and issuance of a simultaneous license as a physician assistant pursuant to NRS 630.268; and
(b) The application and initial simultaneous license fee for a physician assistant pursuant to NRS 633.501.
Sec. 7. A person applying to renew a license to practice as a physician assistant pursuant to the provisions of this chapter who wishes to hold a simultaneous license to practice as a physician assistant pursuant to the provisions of chapter 633 of NRS must:
1. Indicate in the application that he or she wishes to hold a simultaneous license to practice as a physician assistant pursuant to the provisions of chapter 633 of NRS;
2. Apply:
(a) To renew a license to practice as a physician assistant to the Board pursuant to this chapter; and
(b) For a license to practice as a physician assistant to the State Board of Osteopathic Medicine pursuant to chapter 633 of NRS; and
3. Pay all applicable fees, including, without limitation:
(a) The fee for biennial simultaneous registration of a physician assistant pursuant to NRS 630.268; and
(b) The application and initial simultaneous license fee for a physician assistant pursuant to NRS 633.501.
Sec. 8. If a person licensed to practice as a physician assistant pursuant to the provisions of this chapter is not applying to renew his or her license and wishes to hold a simultaneous license to practice as a physician assistant pursuant to the provisions of chapter 633 of NRS, the person must:
1. Apply for a license to practice as a physician assistant to the State Board of Osteopathic Medicine pursuant to chapter 633 of NRS; and
2. Pay all applicable fees, including, without limitation:
(a) The fee for biennial simultaneous registration of a physician assistant pursuant to NRS 630.268; and
(b) The application and initial simultaneous license fee for a physician assistant pursuant to NRS 633.501.
Sec. 9. On or before the last day of each quarter, the Board shall provide to the State Board of Osteopathic Medicine a list of all physician assistants licensed by the Board.
Sec. 10. (Deleted by amendment.)
Sec. 11. NRS 630.047 is hereby amended to read as follows:
630.047 1. This chapter does not apply to:
(a) A medical officer or perfusionist or practitioner of respiratory care of the Armed Forces or a medical officer or perfusionist or practitioner of respiratory care of any division or department of the United States in the discharge of his or her official duties, including, without limitation, providing medical care in a hospital in accordance with an agreement entered into pursuant to NRS 449.2455;
(b) Physicians who are called into this State, other than on a regular basis, for consultation with or assistance to a physician licensed in this State, and who are legally qualified to practice in the state where they reside;
(c) Physicians who are legally qualified to practice in the state where they reside and come into this State on an irregular basis to:
κ2021 Statutes of Nevada, Page 757 (CHAPTER 171, SB 184)κ
(1) Obtain medical training approved by the Board from a physician who is licensed in this State; or
(2) Provide medical instruction or training approved by the Board to physicians licensed in this State;
(d) Physicians who are temporarily exempt from licensure pursuant to NRS 630.2665 and are practicing medicine within the scope of the exemption;
(e) Any person permitted to practice any other healing art under this title who does so within the scope of that authority, or healing by faith or Christian Science;
(f) The practice of respiratory care by a student as part of a program of study in respiratory care that is approved by the Board, or is recognized by a national organization which is approved by the Board to review such programs, if the student is enrolled in the program and provides respiratory care only under the supervision of a practitioner of respiratory care;
(g) The practice of respiratory care by a student who:
(1) Is enrolled in a clinical program of study in respiratory care which has been approved by the Board;
(2) Is employed by a medical facility, as defined in NRS 449.0151; and
(3) Provides respiratory care to patients who are not in a critical medical condition or, in an emergency, to patients who are in a critical medical condition and a practitioner of respiratory care is not immediately available to provide that care and the student is directed by a physician to provide respiratory care under the supervision of the physician until a practitioner of respiratory care is available;
(h) The practice of respiratory care by a person on himself or herself or gratuitous respiratory care provided to a friend or a member of a persons family if the provider of the care does not represent himself or herself as a practitioner of respiratory care;
(i) A person who is employed by a physician and provides respiratory care or services as a perfusionist under the supervision of that physician;
(j) The maintenance of medical equipment for perfusion or respiratory care that is not attached to a patient; [and]
(k) A person who installs medical equipment for respiratory care that is used in the home and gives instructions regarding the use of that equipment if the person is trained to provide such services and is supervised by a provider of health care who is acting within the authorized scope of his or her practice [.] ;
(l) The performance of medical services by a student enrolled in an educational program for a physician assistant which is accredited by the Accreditation Review Commission on Education for the Physician Assistant, Inc., or its successor organization, as part of such a program; and
(m) A physician assistant of any division or department of the United States in the discharge of his or her official duties unless licensure by a state is required by the division or department of the United States.
2. This chapter does not repeal or affect any statute of Nevada regulating or affecting any other healing art.
3. This chapter does not prohibit:
κ2021 Statutes of Nevada, Page 758 (CHAPTER 171, SB 184)κ
(a) Gratuitous services outside of a medical school or medical facility by a person who is not a physician, perfusionist, physician assistant or practitioner of respiratory care in cases of emergency.
(b) The domestic administration of family remedies.
Secs. 12 and 13. (Deleted by amendment.)
Sec. 14. NRS 630.255 is hereby amended to read as follows:
630.255 1. Any licensee who changes the location of his or her practice of medicine from this State to another state or country, has never engaged in the practice of medicine in this State after licensure or has ceased to engage in the practice of medicine in this State for 12 consecutive months may be placed on inactive status by order of the Board. Any physician assistant who notifies the Board of his or her desire to be placed on inactive status in writing on a form prescribed by the Board may be placed on inactive status by order of the Board.
2. Each inactive licensee shall maintain a permanent mailing address with the Board to which all communications from the Board to the licensee must be sent. An inactive licensee who changes his or her permanent mailing address shall notify the Board in writing of the new permanent mailing address within 30 days after the change. If an inactive licensee fails to notify the Board in writing of a change in his or her permanent mailing address within 30 days after the change, the Board may impose upon the licensee a fine not to exceed $250.
3. In addition to the requirements of subsection 2, any licensee who changes the location of his or her practice of medicine from this State to another state or country shall maintain an electronic mail address with the Board to which all communications from the Board to him or her may be sent.
4. An inactive physician assistant shall not practice as a physician assistant. The Board shall consider an inactive physician assistant who practices as a physician assistant to be practicing without a license. Such practice constitutes grounds for disciplinary action against the physician assistant in accordance with the regulations adopted by the Board pursuant to NRS 630.275.
5. The Board shall exempt an inactive physician assistant from paying the applicable fee for biennial registration prescribed by NRS 630.268.
6. Before resuming the practice of medicine or practice as a physician assistant in this State, the inactive licensee must:
(a) Notify the Board in writing of his or her intent to resume the practice of medicine or practice as a physician assistant, as applicable, in this State;
(b) File an affidavit with the Board describing the activities of the licensee during the period of inactive status;
(c) Complete the form for registration for active status;
(d) Pay the applicable fee for biennial registration; and
(e) Satisfy the Board of his or her competence to practice medicine [.
5.] or practice as a physician assistant, as applicable.
7. If the Board determines that the conduct or competence of the licensee during the period of inactive status would have warranted denial of an application for a license to practice medicine or practice as a physician assistant in this State, the Board may refuse to place the licensee on active status.
Sec. 15. (Deleted by amendment.)
κ2021 Statutes of Nevada, Page 759 (CHAPTER 171, SB 184)κ
Sec. 16. NRS 630.268 is hereby amended to read as follows:
630.268 1. The Board shall charge and collect not more than the following fees:
For application for and issuance of a license to practice as a physician, including a license by endorsement................................................................................................................................................ $600
For application for and issuance of a temporary, locum tenens, limited, restricted, authorized facility, special, special purpose or special event license..................................................................... 400
For renewal of a limited, restricted, authorized facility or special license............................................... 400
For application for and issuance of a license as a physician assistant, including a license by endorsement.................................................................................................................................................. 400
For application for and issuance of a simultaneous license as a physician assistant........................ 200
For biennial registration of a physician assistant.......................................................................................... 800
For biennial simultaneous registration of a physician assistant............................................................ 400
For biennial registration of a physician.......................................................................................................... 800
For application for and issuance of a license as a perfusionist or practitioner of respiratory care...... 400
For biennial renewal of a license as a perfusionist....................................................................................... 600
For biennial registration of a practitioner of respiratory care..................................................................... 600
For biennial registration for a physician who is on inactive status............................................................ 400
For written verification of licensure.................................................................................................................. 50
For a duplicate identification card..................................................................................................................... 25
For a duplicate license......................................................................................................................................... 50
For computer printouts or labels...................................................................................................................... 500
For verification of a listing of physicians, per hour........................................................................................ 20
For furnishing a list of new physicians........................................................................................................... 100
2. Except as otherwise provided in subsections 4 and 5, in addition to the fees prescribed in subsection 1, the Board shall charge and collect necessary and reasonable fees for the expedited processing of a request or for any other incidental service the Board provides.
3. The cost of any special meeting called at the request of a licensee, an institution, an organization, a state agency or an applicant for licensure must be paid for by the person or entity requesting the special meeting. Such a special meeting must not be called until the person or entity requesting it has paid a cash deposit with the Board sufficient to defray all expenses of the meeting.
4. If an applicant submits an application for a license by endorsement pursuant to:
(a) NRS 630.1607, and the applicant is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran, the Board shall collect not more than one-half of the fee set forth in subsection 1 for the initial issuance of the license. As used in this paragraph, veteran has the meaning ascribed to it in NRS 417.005.
κ2021 Statutes of Nevada, Page 760 (CHAPTER 171, SB 184)κ
(b) NRS 630.2752, the Board shall collect not more than one-half of the fee set forth in subsection 1 for the initial issuance of the license.
5. If an applicant submits an application for a license by endorsement pursuant to NRS 630.1606 or 630.2751, as applicable, the Board shall charge and collect not more than the fee specified in subsection 1 for the application for and initial issuance of a license.
Secs. 17 and 18. (Deleted by amendment.)
Sec. 19. NRS 630.275 is hereby amended to read as follows:
630.275 The Board shall adopt regulations regarding the licensure of a physician assistant, including, but not limited to:
1. The educational and other qualifications of applicants.
2. The required academic program for applicants.
3. The procedures for applications for and the issuance of licenses.
4. The procedures deemed necessary by the Board for applications for and the initial issuance of licenses by endorsement pursuant to NRS 630.2751 or 630.2752.
5. The tests or examinations of applicants required by the Board.
6. The medical services which a physician assistant may perform, except that a physician assistant may not perform those specific functions and duties delegated or restricted by law to persons licensed as dentists, chiropractors, podiatric physicians and optometrists under chapters 631, 634, 635 and 636, respectively, of NRS, or as hearing aid specialists.
7. The duration, renewal and termination of licenses, including licenses by endorsement. The Board shall not require a physician assistant to receive or maintain certification by the National Commission on Certification of Physician Assistants, or its successor organization, or by any other nationally recognized organization for the accreditation of physician assistants to satisfy any continuing education requirements for the renewal of licenses.
8. The grounds and procedures respecting disciplinary actions against physician assistants.
9. The supervision of medical services of a physician assistant by a supervising physician . [, including, without limitation, supervision that is performed electronically, telephonically or by fiber optics from within or outside this State or the United States.]
10. A physician assistants use of equipment that transfers information concerning the medical condition of a patient in this State electronically, telephonically or by fiber optics, including, without limitation, through telehealth, from within or outside this State or the United States.
Sec. 20. NRS 630.2751 is hereby amended to read as follows:
630.2751 1. The Board may issue a license by endorsement to practice as a physician assistant to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant [:
(a) Holds] holds a corresponding valid and unrestricted license to practice as a physician assistant in the District of Columbia or any state or territory of the United States . [; and
(b) Is certified in a specialty recognized by the American Board of Medical Specialties.]
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
κ2021 Statutes of Nevada, Page 761 (CHAPTER 171, SB 184)κ
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license to practice as a physician assistant; and
(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;
(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 630.167;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and
(d) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement to practice as a physician assistant pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a physician assistant to the applicant not later than:
(a) Forty-five days after receiving the application; or
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.
4. A license by endorsement to practice as a physician assistant may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.
Sec. 21. NRS 630.2752 is hereby amended to read as follows:
630.2752 1. The Board may issue a license by endorsement to practice as a physician assistant to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:
(a) Holds a corresponding valid and unrestricted license to practice as a physician assistant in the District of Columbia or any state or territory of the United States; and
(b) [Is certified in a specialty recognized by the American Board of Medical Specialties; and
(c)] Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a license to practice as a physician assistant; and
(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;
(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 630.167;
κ2021 Statutes of Nevada, Page 762 (CHAPTER 171, SB 184)κ
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and
(d) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement to practice as a physician assistant pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a physician assistant to the applicant not later than:
(a) Forty-five days after receiving all the additional information required by the Board to complete the application; or
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.
4. A license by endorsement to practice as a physician assistant may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.
5. At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice as a physician assistant in accordance with regulations adopted by the Board.
6. As used in this section, veteran has the meaning ascribed to it in NRS 417.005.
Sec. 22. (Deleted by amendment.)
Sec. 23. Chapter 633 of NRS is hereby amended by adding thereto the provisions set forth as sections 24 to 29, inclusive, of this act.
Sec. 24. (Deleted by amendment.)
Sec. 25. A person applying for a license to practice as a physician assistant pursuant to the provisions of this chapter who wishes to hold a simultaneous license to practice as a physician assistant pursuant to the provisions of chapter 630 of NRS must:
1. Indicate in the application that he or she wishes to hold a simultaneous license to practice as a physician assistant pursuant to the provisions of chapter 630 of NRS;
2. Apply for a license to practice as a physician assistant to:
(a) The Board pursuant to this chapter; and
(b) The Board of Medical Examiners pursuant to chapter 630 of NRS; and
3. Pay all applicable fees, including, without limitation:
(a) The application and initial simultaneous license fee for a physician assistant pursuant to NRS 633.501; and
(b) The fee for application for and issuance of a simultaneous license as a physician assistant pursuant to NRS 630.268.
Sec. 26. A person applying to renew a license to practice as a physician assistant pursuant to the provisions of this chapter who wishes to hold a simultaneous license to practice as a physician assistant pursuant to the provisions of chapter 630 of NRS must:
1. Indicate in the application that he or she wishes to hold a simultaneous license to practice as a physician assistant pursuant to the provisions of chapter 630 of NRS;
κ2021 Statutes of Nevada, Page 763 (CHAPTER 171, SB 184)κ
2. Apply:
(a) To renew a license to practice as a physician assistant to the Board pursuant to this chapter; and
(b) For a license to practice as a physician assistant to the Board of Medical Examiners pursuant to chapter 630 of NRS; and
3. Pay all applicable fees, including, without limitation:
(a) The annual simultaneous registration fee for a physician assistant pursuant to NRS 633.501; and
(b) The fee for application for and issuance of a simultaneous license as a physician assistant pursuant to NRS 630.268.
Sec. 27. If a person licensed to practice as a physician assistant pursuant to the provisions of this chapter is not applying to renew his or her license and wishes to hold a simultaneous license to practice as a physician assistant pursuant to the provisions of chapter 630 of NRS, the person must:
1. Apply for a license to practice as a physician assistant to the Board of Medical Examiners pursuant to chapter 630 of NRS; and
2. Pay all applicable fees, including, without limitation:
(a) The annual simultaneous registration fee for a physician assistant pursuant to NRS 633.501; and
(b) The fee for application for and issuance of a simultaneous license as a physician assistant pursuant to NRS 630.268.
Sec. 28. On or before the last day of each quarter, the Board shall provide to the Board of Medical Examiners a list of all physician assistants licensed by the Board.
Sec. 29. (Deleted by amendment.)
Sec. 30. NRS 633.171 is hereby amended to read as follows:
633.171 1. This chapter does not apply to:
(a) The practice of medicine or perfusion pursuant to chapter 630 of NRS, dentistry, chiropractic, podiatry, optometry, respiratory care, faith or Christian Science healing, nursing, veterinary medicine or fitting hearing aids.
(b) A medical officer of the Armed Forces or a medical officer of any division or department of the United States in the discharge of his or her official duties, including, without limitation, providing medical care in a hospital in accordance with an agreement entered into pursuant to NRS 449.2455.
(c) Osteopathic physicians who are called into this State, other than on a regular basis, for consultation or assistance to a physician licensed in this State, and who are legally qualified to practice in the state where they reside.
(d) Osteopathic physicians who are temporarily exempt from licensure pursuant to NRS 633.420 and are practicing osteopathic medicine within the scope of the exemption.
(e) The performance of medical services by a student enrolled in an educational program for a physician assistant which is accredited by the Accreditation Review Commission on Education for the Physician Assistant, Inc., or its successor organization, as part of such a program.
(f) A physician assistant of any division or department of the United States in the discharge of his or her official duties unless licensure by a state is required by the division or department of the United States.
2. This chapter does not repeal or affect any law of this State regulating or affecting any other healing art.
κ2021 Statutes of Nevada, Page 764 (CHAPTER 171, SB 184)κ
3. This chapter does not prohibit:
(a) Gratuitous services of a person in cases of emergency.
(b) The domestic administration of family remedies.
Secs. 31-34. (Deleted by amendment.)
Sec. 35. NRS 633.4335 is hereby amended to read as follows:
633.4335 1. The Board may issue a license by endorsement to practice as a physician assistant to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant [:
(a) Holds] holds a corresponding valid and unrestricted license to practice as a physician assistant in the District of Columbia or any state or territory of the United States . [; and
(b) Is certified in a specialty recognized by the American Board of Medical Specialties or the American Osteopathic Association.]
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) Has not been disciplined and is not currently under investigation by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license to practice as a physician assistant; and
(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;
(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 633.309;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
(d) The application and initial license fee specified in this chapter; and
(e) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement to practice as a physician assistant pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a physician assistant to the applicant not later than:
(a) Forty-five days after receiving the application; or
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.
4. A license by endorsement to practice as a physician assistant may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.
Sec. 36. NRS 633.4336 is hereby amended to read as follows:
633.4336 1. The Board may issue a license by endorsement to practice as a physician assistant to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:
κ2021 Statutes of Nevada, Page 765 (CHAPTER 171, SB 184)κ
(a) Holds a corresponding valid and unrestricted license to practice as a physician assistant in the District of Columbia or any state or territory of the United States; and
(b) [Is certified in a specialty recognized by the American Board of Medical Specialties or the American Osteopathic Association; and
(c)] Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) Has not been disciplined and is not currently under investigation by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a license to practice as a physician assistant; and
(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;
(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 633.309;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
(d) The application and initial license fee specified in this chapter; and
(e) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement to practice as a physician assistant pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a physician assistant to the applicant not later than:
(a) Forty-five days after receiving all the additional information required by the Board to complete the application; or
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.
4. A license by endorsement to practice as a physician assistant may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.
5. At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice as a physician assistant in accordance with regulations adopted by the Board.
6. As used in this section, veteran has the meaning ascribed to it in NRS 417.005.
Secs. 37 and 38. (Deleted by amendment.)
Sec. 39. NRS 633.466 is hereby amended to read as follows:
633.466 1. A physician assistant who does not hold a simultaneous license to practice as a physician assistant pursuant to the provisions of chapter 630 of NRS may be supervised by a physician licensed to practice medicine in this State pursuant to chapter 630 of NRS in place of his or her supervising osteopathic physician if:
κ2021 Statutes of Nevada, Page 766 (CHAPTER 171, SB 184)κ
chapter 630 of NRS may be supervised by a physician licensed to practice medicine in this State pursuant to chapter 630 of NRS in place of his or her supervising osteopathic physician if:
(a) The physician assistant works in a geographical area where the physician assistant can be conveniently supervised only by such a physician; and
(b) The supervising osteopathic physician and the physician licensed pursuant to chapter 630 of NRS agree to the arrangement.
2. A physician assistant so supervised is not a physician assistant for the purposes of chapter 630 of NRS solely because of that supervision.
3. The State Board of Osteopathic Medicine shall adopt jointly with the Board of Medical Examiners regulations necessary to administer the provisions of this section.
Secs. 40 and 41. (Deleted by amendment.)
Sec. 42. NRS 633.471 is hereby amended to read as follows:
633.471 1. Except as otherwise provided in subsection 10 and NRS 633.491, every holder of a license , except a physician assistant, 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] Subject to subsection 11, 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] Subject to subsection 11, 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.
κ2021 Statutes of Nevada, Page 767 (CHAPTER 171, SB 184)κ
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.
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.
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. 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.
11. The Board shall not require a physician assistant to receive or maintain certification by the National Commission on Certification of Physician Assistants, or its successor organization, or by any other nationally recognized organization for the accreditation of physician assistants to satisfy any continuing education requirement pursuant to paragraph (d) of subsection 1 and subsection 3.
Sec. 43. NRS 633.491 is hereby amended to read as follows:
633.491 1. A licensee who retires from practice is not required annually to renew his or her license after filing with the Board an affidavit stating the date on which he or she retired from practice and any other evidence that the Board may require to verify the retirement.
2. An osteopathic physician or physician assistant who retires from practice and who desires to return to practice may apply to renew his or her license by paying all back annual license renewal fees or annual registration fees from the date of retirement and submitting verified evidence satisfactory to the Board that the licensee has attended continuing education courses or programs approved by the Board which total:
κ2021 Statutes of Nevada, Page 768 (CHAPTER 171, SB 184)κ
fees from the date of retirement and submitting verified evidence satisfactory to the Board that the licensee has attended continuing education courses or programs approved by the Board which total:
(a) Twenty-five hours if the licensee has been retired 1 year or less.
(b) Fifty hours within 12 months of the date of the application if the licensee has been retired for more than 1 year.
3. A licensee who wishes to have a license placed on inactive status must provide the Board with an affidavit stating the date on which the licensee will cease the practice of osteopathic medicine or cease to practice as a physician assistant in Nevada and any other evidence that the Board may require. The Board shall place the license of the licensee on inactive status upon receipt of:
(a) The affidavit required pursuant to this subsection; and
(b) Payment of the inactive license fee prescribed by NRS 633.501.
4. An osteopathic physician or physician assistant whose license has been placed on inactive status:
(a) Is not required to annually renew the license.
(b) [Shall] Except as otherwise provided in subsection 6, shall annually pay the inactive license fee prescribed by NRS 633.501.
(c) Shall not practice osteopathic medicine or practice as a physician assistant in this State.
5. A physician assistant whose license has been placed on inactive status shall not practice as a physician assistant. The Board shall consider a physician assistant whose license has been placed on inactive status and who practices as a physician assistant to be practicing without a license. Such practice constitutes grounds for disciplinary action against the physician assistant in accordance with the regulations adopted by the Board pursuant to NRS 633.434.
6. The Board shall exempt a physician assistant whose license has been placed on inactive status from paying the inactive license fee prescribed by NRS 633.501.
7. An osteopathic physician or physician assistant whose license is on inactive status and who wishes to renew his or her license to practice osteopathic medicine or license to practice as a physician assistant must:
(a) Provide to the Board verified evidence satisfactory to the Board of completion of the total number of hours of continuing medical education required for:
(1) The year preceding the date of the application for renewal of the license; and
(2) Each year after the date the license was placed on inactive status.
(b) Provide to the Board an affidavit stating that the applicant has not withheld from the Board any information which would constitute grounds for disciplinary action pursuant to this chapter.
(c) Comply with all other requirements for renewal.
Sec. 44. NRS 633.501 is hereby amended to read as follows:
633.501 1. Except as otherwise provided in subsection 2, the Board shall charge and collect fees not to exceed the following amounts:
(a) Application and initial license fee for an osteopathic physician....................................................... $800
(b) Annual license renewal fee for an osteopathic physician..................................................................... 500
(c) Temporary license fee................................................................................................................................. 500
(d) Special or authorized facility license fee................................................................................................. 200
κ2021 Statutes of Nevada, Page 769 (CHAPTER 171, SB 184)κ
(e) Special event license fee.......................................................................................................................... $200
(f) Special or authorized facility license renewal fee.................................................................................. 200
(g) Reexamination fee....................................................................................................................................... 200
(h) Late payment fee......................................................................................................................................... 300
(i) Application and initial license fee for a physician assistant................................................................. 400
(j) [Annual license renewal] Application and initial simultaneous license fee for a physician assistant 200
(k) Annual registration fee for a physician assistant.................................................................................. 400
[(k)] (l) Annual simultaneous registration fee for a physician assistant.............................................. 200
(m) Inactive license fee..................................................................................................................................... 200
2. The Board may prorate the initial license fee for a new license issued pursuant to paragraph (a) or (i) of subsection 1 which expires less than 6 months after the date of issuance.
3. The cost of any special meeting called at the request of a licensee, an institution, an organization, a state agency or an applicant for licensure must be paid by the person or entity requesting the special meeting. Such a special meeting must not be called until the person or entity requesting the meeting has paid a cash deposit with the Board sufficient to defray all expenses of the meeting.
4. If an applicant submits an application for a license by endorsement pursuant to:
(a) NRS 633.399 or 633.400 and is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran, the Board shall collect not more than one-half of the fee set forth in subsection 1 for the initial issuance of the license. As used in this paragraph, veteran has the meaning ascribed to it in NRS 417.005.
(b) NRS 633.4336, the Board shall collect not more than one-half of the fee set forth in subsection 1 for the initial issuance of the license.
Secs. 45 and 46. (Deleted by amendment.)
Sec. 47. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 46, inclusive, of this act become effective:
(a) Upon passage and approval for the purposes of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) January 1, 2022, for all other purposes.
________
κ2021 Statutes of Nevada, Page 770κ
Senate Bill No. 251Senators Seevers Gansert; Buck, Cannizzaro, Dondero Loop, D. Harris, Lange, Neal and Spearman
Joint Sponsor: Assemblywoman Tolles
CHAPTER 172
[Approved: May 27, 2021]
AN ACT relating to health care; requiring certain providers of health care to screen women for harmful BRCA gene mutations and provide referrals for genetic counseling and testing under certain circumstances; requiring notice concerning genetic counseling and testing to be provided with the results of a mammogram; authorizing certain providers of health care to receive credit for continuing education relating to genetic counseling and testing; requiring certain policies of health insurance to include coverage for screening, genetic counseling and testing for harmful BRCA gene mutations for certain women; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing federal law requires a health insurer issuer to cover certain preventive services, including evidence-based items or services that have in effect a rating of A or B in the current recommendations of the United States Preventive Services Task Force. (42 U.S.C. § 300gg-13) The United States Preventive Services Task Force has recommended with a rating of B that: (1) primary care clinicians assess women with a personal or family history of breast, ovarian, tubal or peritoneal cancer or who have an ancestry associated with breast cancer susceptibility 1 and 2 (BRCA1/2) gene mutations with an appropriate brief familial risk assessment tool; and (2) women with a positive result on the risk assessment tool should receive genetic counseling and, if indicated after counseling, genetic testing. (United States Preventive Services Task Force, Risk Assessment, Genetic Counseling, and Genetic Testing for BRCA-Related Cancer, 322 JAMA 7, at pages 652-65, August 20, 2019) Section 1 of this bill requires a primary care provider to conduct screening, conduct or refer for genetic counseling and conduct or refer for genetic testing in accordance with those federal recommendations.
Section 2 of this bill requires a notice to be sent to a woman with the results of a mammogram advising the woman to talk to her doctor about genetic counseling and testing if there is a history of certain types of cancer in her family. Existing law provides that a person who violates certain provisions relating to cancer is guilty of a misdemeanor or, for a third or subsequent violation, a category D felony. (NRS 457.200, 457.220) A person who fails to provide the notice required by section 2 would be subject to these penalties. Sections 1, 2.5 and 3 of this bill exempt a primary care provider who fails to comply with the provisions of section 1 from those criminal penalties. Sections 1 and 9.5 of this bill additionally provide that a primary care provider who fails to comply with the provisions of section 1 is not subject to professional discipline.
Sections 8, 10 and 11 of this bill authorize a physician, physician assistant or advanced practice registered nurse to receive credit toward applicable continuing education requirements for completing a course of instruction relating to genetic counseling and genetic testing.
Existing law requires public and private policies of insurance regulated under Nevada law to include certain coverage. (NRS 287.010, 287.04335, 422.2712-422.27241, 689A.04033-689A.0465, 689B.0303-689B.0379, 689C.1655-689C.169, 689C.194-689C.195, 695A.184-695A.1875, 695B.1901-695B.1948, 695C.1691-695C.176, 695G.162-695G.177) Existing law also requires employers to provide certain benefits to employees, including the coverage required of health insurers, if the employer provides health benefits for its employees.
κ2021 Statutes of Nevada, Page 771 (CHAPTER 172, SB 251)κ
695C.1691-695C.176, 695G.162-695G.177) Existing law also requires employers to provide certain benefits to employees, including the coverage required of health insurers, if the employer provides health benefits for its employees. (NRS 608.1555) Sections 5-7, 12, 14, 15, 17-20 and 22 of this bill require certain public and private health plans, including Medicaid, to provide coverage for screening, genetic counseling and testing for harmful mutations in the BRCA gene where such screening, genetic counseling or testing, as applicable, is required by section 1. Sections 4, 13 and 16 of this bill make conforming changes to indicate the placement of sections 7, 12 and 15 in the Nevada Revised Statutes. Section 21 of this bill authorizes the Commissioner of Insurance to suspend or revoke the certificate of a health maintenance organization that fails to comply with the requirement of section 19 of this bill to provide coverage for screening, genetic counseling and testing for harmful mutations in the BRCA gene where such screening, genetic counseling or testing, as applicable, is required by section 1. The Commissioner would also be authorized to take such action against other health insurers who fail to comply with the requirements of sections 12, 14, 15, 17, 18 and 22 of this bill. (NRS 680A.200)
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 457 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A primary care provider shall:
(a) Attempt to determine whether each adult woman to whom he or she provides care has a personal or family history of breast, ovarian, tubal or peritoneal cancer or an ancestry associated with a harmful mutation in the BRCA gene or meets any other criteria under which the United States Preventive Services Task Force has recommended screening for a risk of such a mutation; and
(b) If the primary care provider determines that an adult woman to whom he or she provides care meets the criteria described in paragraph (a) and has not previously undergone genetic testing for a harmful mutation in the BRCA gene, use an appropriate brief familial risk assessment tool to screen for a risk of such a mutation.
2. If such a screening indicates that a woman is at risk of a harmful mutation in the BRCA gene, the primary care provider must:
(a) Provide the woman with written notice of the need to discuss genetic counseling and testing with the provider;
(b) Provide genetic counseling to the woman or ensure that the woman is referred for genetic counseling; and
(c) If a genetic test for harmful mutations in the BRCA gene is clinically indicated as a result of the genetic counseling, administer such a test to the woman or ensure that the woman is referred for such testing.
3. A primary care provider who fails to comply with this section is not subject to criminal penalties or professional discipline for such failure to comply.
4. As used in this section, primary care provider means:
(a) A physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS or advanced practice registered nurse who specializes in primary care, family medicine, internal medicine or obstetrics and gynecology; or
(b) A midwife.
κ2021 Statutes of Nevada, Page 772 (CHAPTER 172, SB 251)κ
Sec. 2. NRS 457.1857 is hereby amended to read as follows:
457.1857 1. If a patient undergoes mammography, the owner, lessee or other person responsible for the radiation machine for mammography that was used to perform the mammography must ensure that each report provided to the patient pursuant to 42 U.S.C. § 263b(f)(1)(G)(ii)(IV) includes, without limitation, a statement of the category of the patients breast density which is determined based on the Breast Imaging Reporting and Data System or such other guidelines as required by the State Board of Health by regulation, and, if applicable, the notice provided in subsection 2.
2. If the statement of the category of the patients breast density which is provided pursuant to subsection 1 indicates that the breast tissue is dense, the report described in subsection 1 must also include a notice in the following form:
Your mammogram shows that your breast tissue is dense. Dense breast tissue is common and is not abnormal. However, dense breast tissue can make it harder to evaluate the results of your mammogram and may also be associated with an increased risk of breast cancer. This information about the results of your mammogram is given to you to raise your awareness and to inform your conversations with your physician. Together, you can decide which screening options are right for you. A report of your results was sent to your physician.
3. The report described in subsection 1 must include a notice in the following form:
Ten to twenty percent of all cancers can be categorized as hereditary and the clinical and financial value of identifying patients and families at risk is well documented. If you have a personal or family history of breast, ovarian, fallopian tube, peritoneal or other cancer, please consult your physician regarding genetic counseling and testing.
4. Nothing in this section shall be construed to:
(a) Create a duty of care or other legal obligation beyond the duty to provide the notice as set forth in this section.
(b) Require a notice to be provided to a patient that is inconsistent with the notice required by the provisions of 42 U.S.C. § 263b or any regulations promulgated pursuant thereto.
Sec. 2.5. NRS 457.200 is hereby amended to read as follows:
457.200 [The] Except as otherwise provided in section 1 of this act, the failure of any person or association, representing that the person or association as engaged in the diagnosis, treatment or cure of cancer, to comply with any of the provisions of this chapter, or with any order of the Division validly issued under this chapter, is a misdemeanor.
Sec. 3. NRS 457.220 is hereby amended to read as follows:
457.220 1. Except as otherwise provided in subsection 2, a person convicted of a violation of any provision of this chapter, who has previously been convicted twice or more of violations of any provisions of this chapter, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. The penalty provided in subsection 1 does not apply to violations of NRS 457.230 to 457.280, inclusive [.] , or section 1 of this act.
κ2021 Statutes of Nevada, Page 773 (CHAPTER 172, SB 251)κ
Sec. 4. NRS 232.320 is hereby amended to read as follows:
232.320 1. The Director:
(a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:
(1) The Administrator of the Aging and Disability Services Division;
(2) The Administrator of the Division of Welfare and Supportive Services;
(3) The Administrator of the Division of Child and Family Services;
(4) The Administrator of the Division of Health Care Financing and Policy; and
(5) The Administrator of the Division of Public and Behavioral Health.
(b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and section 7 of this act, 422.580, 432.010 to 432.133, inclusive, 432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.
(c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.
(d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;
(4) Identify the sources of funding for services provided by the Department and the allocation of that funding;
(5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and
(6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.
(e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.
(f) Has such other powers and duties as are provided by law.
κ2021 Statutes of Nevada, Page 774 (CHAPTER 172, SB 251)κ
2. Notwithstanding any other provision of law, the Director, or the Directors designee, is responsible for appointing and removing subordinate officers and employees of the Department.
Sec. 5. NRS 287.010 is hereby amended to read as follows:
287.010 1. The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada may:
(a) Adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of its officers and employees, and the dependents of officers and employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.
(b) Purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.
(c) Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund. The money accumulated for this purpose through deductions from the compensation of officers and employees and contributions of the governing body must be maintained as an internal service fund as defined by NRS 354.543. The money must be deposited in a state or national bank or credit union authorized to transact business in the State of Nevada. Any independent administrator of a fund created under this section is subject to the licensing requirements of chapter 683A of NRS, and must be a resident of this State. Any contract with an independent administrator must be approved by the Commissioner of Insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided. The provisions of NRS 687B.408, 689B.030 to 689B.050, inclusive, and section 14 of this act, 689B.287 and 689B.500 apply to coverage provided pursuant to this paragraph, except that the provisions of NRS 689B.0378, 689B.03785 and 689B.500 only apply to coverage for active officers and employees of the governing body, or the dependents of such officers and employees.
(d) Defray part or all of the cost of maintenance of a self-insurance fund or of the premiums upon insurance. The money for contributions must be budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada.
2. If a school district offers group insurance to its officers and employees pursuant to this section, members of the board of trustees of the school district must not be excluded from participating in the group insurance. If the amount of the deductions from compensation required to pay for the group insurance exceeds the compensation to which a trustee is entitled, the difference must be paid by the trustee.
3. In any county in which a legal services organization exists, the governing body of the county, or of any school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada in the county, may enter into a contract with the legal services organization pursuant to which the officers and employees of the legal services organization, and the dependents of those officers and employees, are eligible for any life, accident or health insurance provided pursuant to this section to the officers and employees, and the dependents of the officers and employees, of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency.
κ2021 Statutes of Nevada, Page 775 (CHAPTER 172, SB 251)κ
the State of Nevada in the county, may enter into a contract with the legal services organization pursuant to which the officers and employees of the legal services organization, and the dependents of those officers and employees, are eligible for any life, accident or health insurance provided pursuant to this section to the officers and employees, and the dependents of the officers and employees, of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency.
4. If a contract is entered into pursuant to subsection 3, the officers and employees of the legal services organization:
(a) Shall be deemed, solely for the purposes of this section, to be officers and employees of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency with which the legal services organization has contracted; and
(b) Must be required by the contract to pay the premiums or contributions for all insurance which they elect to accept or of which they authorize the purchase.
5. A contract that is entered into pursuant to subsection 3:
(a) Must be submitted to the Commissioner of Insurance for approval not less than 30 days before the date on which the contract is to become effective.
(b) Does not become effective unless approved by the Commissioner.
(c) Shall be deemed to be approved if not disapproved by the Commissioner within 30 days after its submission.
6. As used in this section, legal services organization means an organization that operates a program for legal aid and receives money pursuant to NRS 19.031.
Sec. 6. NRS 287.04335 is hereby amended to read as follows:
287.04335 If the Board provides health insurance through a plan of self-insurance, it shall comply with the provisions of NRS 687B.409, 689B.255, 695G.150, 695G.155, 695G.160, 695G.162, 695G.164, 695G.1645, 695G.1665, 695G.167, 695G.170 to 695G.174, inclusive, 695G.177, 695G.200 to 695G.230, inclusive, 695G.241 to 695G.310, inclusive, and 695G.405, and section 22 of this act in the same manner as an insurer that is licensed pursuant to title 57 of NRS is required to comply with those provisions.
Sec. 7. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:
The Director shall include in the State Plan for Medicaid a requirement that the State, to the extent authorized by federal law, must pay the nonfederal share of expenditures incurred for screening, genetic counseling and testing for harmful mutations in the BRCA gene for women under circumstances where such screening, genetic counseling or testing, as applicable, is required by section 1 of this act.
Sec. 8. 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 776 (CHAPTER 172, SB 251)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 allow the holder of a license to receive credit toward the total amount of continuing education required by the Board for the completion of a course of instruction relating to genetic counseling and genetic testing.
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 777 (CHAPTER 172, SB 251)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 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 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. 9. (Deleted by amendment.)
Sec. 9.5. NRS 630.3065 is hereby amended to read as follows:
630.3065 The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:
1. Knowingly or willfully disclosing a communication privileged pursuant to a statute or court order.
2. Knowingly or willfully failing to comply with:
(a) A regulation, subpoena or order of the Board or a committee designated by the Board to investigate a complaint against a physician;
(b) A court order relating to this chapter; or
(c) A provision of this chapter.
3. [Knowingly] Except as otherwise provided in section 1 of this act, knowingly or willfully failing to perform a statutory or other legal obligation imposed upon a licensed physician, including a violation of the provisions of NRS 439B.410.
Sec. 10. 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;
κ2021 Statutes of Nevada, Page 778 (CHAPTER 172, SB 251)κ
(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] nurse:
(1) 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.
(2) The ability to receive credit toward the total amount of continuing education required by subsection 1 for the completion of a course of instruction relating to genetic counseling and genetic testing.
(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.
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.
κ2021 Statutes of Nevada, Page 779 (CHAPTER 172, SB 251)κ
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. 11. 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.]
κ2021 Statutes of Nevada, Page 780 (CHAPTER 172, SB 251)κ
initial licensure that provides at least 2 hours of instruction on evidence-based suicide prevention and awareness as described in subsection [8.] 9.
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.
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.
8. The continuing education requirements approved by the Board must allow the holder of a license as an osteopathic physician or physician assistant to receive credit toward the total amount of continuing education required by the Board for the completion of a course of instruction relating to genetic counseling and genetic testing.
9. 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.] 10. 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.] 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. 12. Chapter 689A of NRS is hereby amended by adding thereto a new section to read as follows:
1. An insurer that issues a policy of health insurance shall provide coverage for screening, genetic counseling and testing for harmful mutations in the BRCA gene for women under circumstances where such screening, genetic counseling or testing, as applicable, is required by section 1 of this act.
κ2021 Statutes of Nevada, Page 781 (CHAPTER 172, SB 251)κ
2. An insurer shall ensure that the benefits required by subsection 1 are made available to an insured through a provider of health care who participates in the network plan of the insurer.
3. A policy of health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2022, has the legal effect of including the coverage required by subsection 1, and any provision of the policy that conflicts with the provisions of this section is void.
4. As used in this section:
(a) Network plan means a policy of health insurance offered by an insurer under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the insurer. The term does not include an arrangement for the financing of premiums.
(b) Provider of health care has the meaning ascribed to it in NRS 629.031.
Sec. 13. NRS 689A.330 is hereby amended to read as follows:
689A.330 If any policy is issued by a domestic insurer for delivery to a person residing in another state, and if the insurance commissioner or corresponding public officer of that other state has informed the Commissioner that the policy is not subject to approval or disapproval by that officer, the Commissioner may by ruling require that the policy meet the standards set forth in NRS 689A.030 to 689A.320, inclusive [.] , and section 12 of this act.
Sec. 14. Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:
1. An insurer that issues a policy of group health insurance shall provide coverage for screening, genetic counseling and testing for harmful mutations in the BRCA gene for women under circumstances where such screening, genetic counseling or testing, as applicable, is required by section 1 of this act.
2. An insurer shall ensure that the benefits required by subsection 1 are made available to an insured through a provider of health care who participates in the network plan of the insurer.
3. A policy of group health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2022, has the legal effect of including the coverage required by subsection 1, and any provision of the policy that conflicts with the provisions of this section is void.
4. As used in this section:
(a) Network plan means a policy of group health insurance offered by an insurer under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the insurer. The term does not include an arrangement for the financing of premiums.
(b) Provider of health care has the meaning ascribed to it in NRS 629.031.
Sec. 15. Chapter 689C of NRS is hereby amended by adding thereto a new section to read as follows:
1. A carrier that issues a health benefit plan shall provide coverage for screening, genetic counseling and testing for harmful mutations in the BRCA gene for women under circumstances where such screening, genetic counseling or testing, as applicable, is required by section 1 of this act.
κ2021 Statutes of Nevada, Page 782 (CHAPTER 172, SB 251)κ
BRCA gene for women under circumstances where such screening, genetic counseling or testing, as applicable, is required by section 1 of this act.
2. A carrier shall ensure that the benefits required by subsection 1 are made available to an insured through a provider of health care who participates in the network plan of the carrier.
3. A health benefit plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after July 1, 2021, has the legal effect of including the coverage required by subsection 1, and any provision of the plan that conflicts with the provisions of this section is void.
4. As used in this section, provider of health care has the meaning ascribed to it in NRS 629.031.
Sec. 16. NRS 689C.425 is hereby amended to read as follows:
689C.425 A voluntary purchasing group and any contract issued to such a group pursuant to NRS 689C.360 to 689C.600, inclusive, are subject to the provisions of NRS 689C.015 to 689C.355, inclusive, and section 15 of this act to the extent applicable and not in conflict with the express provisions of NRS 687B.408 and 689C.360 to 689C.600, inclusive.
Sec. 17. Chapter 695A of NRS is hereby amended by adding thereto a new section to read as follows:
1. A society that issues a benefit contract shall provide coverage for screening, genetic counseling and testing for harmful mutations in the BRCA gene for women under circumstances where such screening, genetic counseling or testing, as applicable, is required by section 1 of this act.
2. A society shall ensure that the benefits required by subsection 1 are made available to an insured through a provider of health care who participates in the network plan of the society.
3. A benefit contract subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2022, has the legal effect of including the coverage required by subsection 1, and any provision of the plan that conflicts with the provisions of this section is void.
4. As used in this section:
(a) Network plan means a benefit contract offered by a society under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the society. The term does not include an arrangement for the financing of premiums.
(b) Provider of health care has the meaning ascribed to it in NRS 629.031.
Sec. 18. Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:
1. A hospital or medical services corporation that issues a policy of health insurance shall provide coverage for screening, genetic counseling and testing for harmful mutations in the BRCA gene for women under circumstances where such screening, genetic counseling or testing, as applicable, is required by section 1 of this act.
2. A hospital or medical services corporation shall ensure that the benefits required by subsection 1 are made available to an insured through a provider of health care who participates in the network plan of the hospital or medical services corporation.
3. A policy of health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2022, has the legal effect of including the coverage required by subsection 1, and any provision of the policy that conflicts with the provisions of this section is void.
κ2021 Statutes of Nevada, Page 783 (CHAPTER 172, SB 251)κ
January 1, 2022, has the legal effect of including the coverage required by subsection 1, and any provision of the policy that conflicts with the provisions of this section is void.
4. As used in this section:
(a) Network plan means a policy of health insurance offered by a hospital or medical services corporation under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the hospital or medical services corporation. The term does not include an arrangement for the financing of premiums.
(b) Provider of health care has the meaning ascribed to it in NRS 629.031.
Sec. 19. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:
1. A health maintenance organization that issues a health care plan shall provide coverage for screening, genetic counseling and testing for harmful mutations in the BRCA gene for women under circumstances where such screening, genetic counseling or testing, as applicable, is required by section 1 of this act.
2. A health maintenance organization shall ensure that the benefits required by subsection 1 are made available to an enrollee through a provider of health care who participates in the network plan of the health maintenance organization.
3. A health care plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2022, has the legal effect of including the coverage required by subsection 1, and any provision of the plan that conflicts with the provisions of this section is void.
4. As used in this section:
(a) Network plan means a health care plan offered by a health maintenance organization under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the health maintenance organization. The term does not include an arrangement for the financing of premiums.
(b) Provider of health care has the meaning ascribed to it in NRS 629.031.
Sec. 20. NRS 695C.050 is hereby amended to read as follows:
695C.050 1. Except as otherwise provided in this chapter or in specific provisions of this title, the provisions of this title are not applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to an insurer licensed and regulated pursuant to this title except with respect to its activities as a health maintenance organization authorized and regulated pursuant to this chapter.
2. Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, must not be construed to violate any provision of law relating to solicitation or advertising by practitioners of a healing art.
3. Any health maintenance organization authorized under this chapter shall not be deemed to be practicing medicine and is exempt from the provisions of chapter 630 of NRS.
4. The provisions of NRS 695C.110, 695C.125, 695C.1691, 695C.1693, 695C.170, 695C.1703, 695C.1705, 695C.1709 to 695C.173, inclusive, 695C.1733, 695C.17335, 695C.1734, 695C.1751, 695C.1755, 695C.176 to 695C.200, inclusive, and 695C.265 do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Childrens Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services.
κ2021 Statutes of Nevada, Page 784 (CHAPTER 172, SB 251)κ
inclusive, 695C.1733, 695C.17335, 695C.1734, 695C.1751, 695C.1755, 695C.176 to 695C.200, inclusive, and 695C.265 do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Childrens Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.
5. The provisions of NRS 695C.1694 to 695C.1698, inclusive, 695C.1701, 695C.1708, 695C.1728, 695C.1731, 695C.17345, 695C.1735, 695C.1745 and 695C.1757 and section 19 of this act apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid.
Sec. 21. NRS 695C.330 is hereby amended to read as follows:
695C.330 1. The Commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization pursuant to the provisions of this chapter if the Commissioner finds that any of the following conditions exist:
(a) The health maintenance organization is operating significantly in contravention of its basic organizational document, its health care plan or in a manner contrary to that described in and reasonably inferred from any other information submitted pursuant to NRS 695C.060, 695C.070 and 695C.140, unless any amendments to those submissions have been filed with and approved by the Commissioner;
(b) The health maintenance organization issues evidence of coverage or uses a schedule of charges for health care services which do not comply with the requirements of NRS 695C.1691 to 695C.200, inclusive, and section 19 of this act or 695C.207;
(c) The health care plan does not furnish comprehensive health care services as provided for in NRS 695C.060;
(d) The Commissioner certifies that the health maintenance organization:
(1) Does not meet the requirements of subsection 1 of NRS 695C.080; or
(2) Is unable to fulfill its obligations to furnish health care services as required under its health care plan;
(e) The health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;
(f) The health maintenance organization has failed to put into effect a mechanism affording the enrollees an opportunity to participate in matters relating to the content of programs pursuant to NRS 695C.110;
(g) The health maintenance organization has failed to put into effect the system required by NRS 695C.260 for:
(1) Resolving complaints in a manner reasonably to dispose of valid complaints; and
(2) Conducting external reviews of adverse determinations that comply with the provisions of NRS 695G.241 to 695G.310, inclusive;
(h) The health maintenance organization or any person on its behalf has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;
(i) The continued operation of the health maintenance organization would be hazardous to its enrollees or creditors or to the general public;
κ2021 Statutes of Nevada, Page 785 (CHAPTER 172, SB 251)κ
(j) The health maintenance organization fails to provide the coverage required by NRS 695C.1691; or
(k) The health maintenance organization has otherwise failed to comply substantially with the provisions of this chapter.
2. A certificate of authority must be suspended or revoked only after compliance with the requirements of NRS 695C.340.
3. If the certificate of authority of a health maintenance organization is suspended, the health maintenance organization shall not, during the period of that suspension, enroll any additional groups or new individual contracts, unless those groups or persons were contracted for before the date of suspension.
4. If the certificate of authority of a health maintenance organization is revoked, the organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of the organization. It shall engage in no further advertising or solicitation of any kind. The Commissioner may, by written order, permit such further operation of the organization as the Commissioner may find to be in the best interest of enrollees to the end that enrollees are afforded the greatest practical opportunity to obtain continuing coverage for health care.
Sec. 22. Chapter 695G of NRS is hereby amended by adding thereto a new section to read as follows:
1. A managed care organization that issues a health care plan shall provide coverage for screening, genetic counseling and testing for harmful mutations in the BRCA gene for women under circumstances where such screening, genetic counseling or testing, as applicable, is required by section 1 of this act.
2. A managed care organization shall ensure that the benefits required by subsection 1 are made available to an insured through a provider of health care who participates in the network plan of the managed care organization.
3. A health care plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2022, has the legal effect of including the coverage required by subsection 1, and any provision of the plan that conflicts with the provisions of this section is void.
4. As used in this section:
(a) Network plan means a health care plan offered by a managed care organization under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the managed care organization. The term does not include an arrangement for the financing of premiums.
(b) Provider of health care has the meaning ascribed to it in NRS 629.031.
Sec. 23. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 24. This act becomes effective on January 1, 2022.
________
κ2021 Statutes of Nevada, Page 786κ
Senate Bill No. 376Committee on Health and Human Services
CHAPTER 173
[Approved: May 27, 2021]
AN ACT relating to child welfare; requiring an agency which provides child welfare services to assign a certain disposition for each report concerning the possible abuse or neglect of a child received or referred to the agency; defining the types of dispositions for purposes of this requirement; deeming certain dispositions to be equivalent; imposing certain limitations on the disclosure of information relating to a report that received a disposition other than substantiated; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires an agency which provides child welfare services to determine, for each report concerning the possible abuse or neglect of a child received or referred to the agency: (1) whether an investigation is warranted; and (2) if so, whether the allegations concerning abuse or neglect contained in the report are substantiated or unsubstantiated. (NRS 432B.260, 432B.300) Existing law also requires an agency, upon completion of an investigation, to report the disposition to the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child. (NRS 432.100, 432B.310) Sections 1.5 and 5.5 of this bill require an agency which provides child welfare services to assign one of the following dispositions to a report upon determining that an investigation is not warranted or upon the conclusion of an investigation: (1) substantiated; (2) unsubstantiated; (3) unable to locate or contract; and (4) administrative closure. Sections 1.5 and 5.5 also define each of these case dispositions for purposes of this requirement. Section 1.5 and 5.5 deem all dispositions other than substantiated to be equivalent. Section 4 of this bill prohibits the reporting of dispositions other than substantiated to the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child, and section 1 of this bill prohibits the release of information from the Central Registry regarding a report of child abuse or neglect that received a disposition other than substantiated, other than to an agency which provides child welfare services. Sections 2, 3, 5 and 6 of this bill make conforming changes relating to the requirement that an agency assign a disposition to a report pursuant to sections 1.5 and 5.5. Section 5.7 of this bill makes a conforming change to indicate the proper placement of section 5.5 in the Nevada Revised Statutes.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 432.120 is hereby amended to read as follows:
432.120 1. Information contained in the Central Registry must not be released unless the right of the applicant to the information is confirmed, the information concerning the report of abuse or neglect of the child or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 has been reported pursuant to NRS 392.337 or 432B.310, as applicable, the released information discloses the disposition of the case and, if the information is being provided pursuant to subsection 3 of NRS 432.100, the person who is the subject of the background investigation provides written authorization for the release of the information.
κ2021 Statutes of Nevada, Page 787 (CHAPTER 173, SB 376)κ
2. The information contained in the Central Registry concerning cases in which a report of abuse or neglect of a child has been substantiated by an agency which provides child welfare services must be deleted from the Central Registry not later than 10 years after the child who is the subject of the report reaches the age of 18 years.
3. The Division shall not release information from the Central Registry regarding a report of child abuse or neglect made pursuant to NRS 392.303 or 432B.220 that received a disposition other than substantiated to any person or entity except for an agency which provides child welfare services.
4. The Division shall adopt regulations to carry out the provisions of this section.
Sec. 1.5. Chapter 432B of NRS is hereby amended by adding thereto a new section to read as follows:
1. An agency which provides child welfare services shall, upon determining that an investigation is not warranted or upon the conclusion of an investigation of a report concerning the possible abuse or neglect of a child, assign one of the following dispositions to the report:
(a) Substantiated.
(b) Unsubstantiated.
(c) Unable to locate or contact.
(d) Administrative closure.
2. A disposition of unable to locate or contact or administrative closure shall be deemed to be equivalent to a disposition of unsubstantiated for all purposes.
3. As used in this section:
(a) Administrative closure means that the agency which provides child welfare services has determined that it lacks the authority to investigate a report concerning the possible abuse or neglect of a child.
(b) Substantiated means that the agency which provides child welfare services has determined by a preponderance of the evidence that the alleged abuse or neglect occurred and was committed by the person named in the report as allegedly causing the abuse or neglect.
(c) Unable to locate or contact means that the agency which provides child welfare services was unable to complete an investigation of a report concerning the possible abuse or neglect of a child because:
(1) The agency which provides child welfare services lacks the information necessary to complete the investigation, including, without limitation, the current address of the child or his or her parent or legal guardian;
(2) The parent or guardian of the child was contacted and then relocated and can no longer be located to complete the investigation; or
(3) The agency which provides child welfare services located the parent or guardian of the child but, after making persistent efforts, is unable to make contact with the parent or guardian of the child to complete the investigation.
(d) Unsubstantiated means that the agency which provides child welfare services has determined by a preponderance of the evidence that the alleged abuse or neglect did not occur or was not committed by the person named in the report as allegedly causing the abuse or neglect.
Sec. 2. NRS 432B.290 is hereby amended to read as follows:
432B.290 1. Information maintained by an agency which provides child welfare services must be maintained by the agency which provides child welfare services as required by federal law as a condition of the allocation of federal money to this State.
κ2021 Statutes of Nevada, Page 788 (CHAPTER 173, SB 376)κ
provides child welfare services as required by federal law as a condition of the allocation of federal money to this State.
2. Except as otherwise provided in this section and NRS 432B.165, 432B.175 and 432B.513, information maintained by an agency which provides child welfare services may, at the discretion of the agency which provides child welfare services, be made available only to:
(a) A physician, if the physician has before him or her a child who the physician has reasonable cause to believe has been abused or neglected;
(b) A person authorized to place a child in protective custody, if the person has before him or her a child who the person has reasonable cause to believe has been abused or neglected and the person requires the information to determine whether to place the child in protective custody;
(c) An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:
(1) The child; or
(2) The person responsible for the welfare of the child;
(d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of the abuse or neglect of a child;
(e) Except as otherwise provided in paragraph (f), a court other than a juvenile court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;
(f) A court, as defined in NRS 159A.015, to determine whether a guardian or successor guardian of a child should be appointed pursuant to chapter 159A of NRS or NRS 432B.466 to 432B.468, inclusive;
(g) A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to the person;
(h) The attorney and the guardian ad litem of the child, if the information is reasonably necessary to promote the safety, permanency and well-being of the child;
(i) A person who files or intends to file a petition for the appointment of a guardian or successor guardian of a child pursuant to chapter 159A of NRS or NRS 432B.466 to 432B.468, inclusive, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child;
(j) The proposed guardian or proposed successor guardian of a child over whom a guardianship is sought pursuant to chapter 159A of NRS or NRS 432B.466 to 432B.468, inclusive, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child;
(k) A grand jury upon its determination that access to these records and the information is necessary in the conduct of its official business;
(l) A federal, state or local governmental entity, or an agency of such an entity, or a juvenile court, that needs access to the information to carry out its legal responsibilities to protect children from abuse and neglect;
(m) A person or an organization that has entered into a written agreement with an agency which provides child welfare services to provide assessments or services and that has been trained to make such assessments or provide such services;
κ2021 Statutes of Nevada, Page 789 (CHAPTER 173, SB 376)κ
provide assessments or services and that has been trained to make such assessments or provide such services;
(n) A team organized pursuant to NRS 432B.350 for the protection of a child;
(o) A team organized pursuant to NRS 432B.405 to review the death of a child;
(p) A parent or legal guardian of the child and an attorney of a parent or guardian of the child, including, without limitation, the parent or guardian of a child over whom a guardianship is sought pursuant to chapter 159A of NRS or NRS 432B.466 to 432B.468, inclusive, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child and is limited to information concerning that parent or guardian;
(q) The child over whom a guardianship is sought pursuant to chapter 159A of NRS or NRS 432B.466 to 432B.468, inclusive, if:
(1) The child is 14 years of age or older; and
(2) The identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child;
(r) The persons or agent of the persons who are the subject of a report, if the information is reasonably necessary to promote the safety, permanency and well-being of the child and is limited to information concerning those persons;
(s) An agency that is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child;
(t) Upon written consent of the parent, any officer of this State or a city or county thereof or Legislator authorized by the agency or department having jurisdiction or by the Legislature, acting within its jurisdiction, to investigate the activities or programs of an agency which provides child welfare services if:
(1) The identity of the person making the report is kept confidential; and
(2) The officer, Legislator or a member of the family of the officer or Legislator is not the person alleged to have committed the abuse or neglect;
(u) The Division of Parole and Probation of the Department of Public Safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court or pursuant to NRS 176.151 in making a general investigation and report;
(v) Any person who is required pursuant to NRS 432B.220 to make a report to an agency which provides child welfare services or to a law enforcement agency;
(w) A local advisory board to expedite proceedings for the placement of children created pursuant to NRS 432B.604;
(x) The panel established pursuant to NRS 432B.396 to evaluate agencies which provide child welfare services;
(y) An employer in accordance with subsection 3 of NRS 432.100;
(z) A team organized or sponsored pursuant to NRS 217.475 or 228.495 to review the death of the victim of a crime that constitutes domestic violence;
κ2021 Statutes of Nevada, Page 790 (CHAPTER 173, SB 376)κ
(aa) The Committee on Domestic Violence appointed pursuant to NRS 228.470; or
(bb) The Committee to Review Suicide Fatalities created by NRS 439.5104.
3. An agency investigating a report of the abuse or neglect of a child shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of the child:
(a) A copy of:
(1) Any statement made in writing to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or
(2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or
(b) A written summary of the allegations made against the person who is named in the report as allegedly causing the abuse or neglect of the child. The summary must not identify the person responsible for reporting the alleged abuse or neglect or any collateral sources and reporting parties.
4. Except as otherwise provided by subsection 6, before releasing any information maintained by an agency which provides child welfare services pursuant to this section, an agency which provides child welfare services shall take whatever precautions it determines are reasonably necessary to protect the identity and safety of any person who reports child abuse or neglect and to protect any other person if the agency which provides child welfare services reasonably believes that disclosure of the information would cause a specific and material harm to an investigation of the alleged abuse or neglect of a child or the life or safety of any person.
5. The provisions of this section must not be construed to require an agency which provides child welfare services to disclose information maintained by the agency which provides child welfare services if, after consultation with the attorney who represents the agency, the agency determines that such disclosure would cause a specific and material harm to a criminal investigation.
6. A person who is the subject of [an unsubstantiated] a report of child abuse or neglect made pursuant to this chapter that is assigned a disposition other than substantiated pursuant to section 1.5 of this act and who believes that the report was made in bad faith or with malicious intent may petition a district court to order the agency which provides child welfare services to release information maintained by the agency which provides child welfare services. The petition must specifically set forth the reasons supporting the belief that the report was made in bad faith or with malicious intent. The petitioner shall provide notice to the agency which provides child welfare services so that the agency may participate in the action through its counsel. The district court shall review the information which the petitioner requests to be released and the petitioner shall be allowed to present evidence in support of the petition. If the court determines that there is a reasonable question of fact as to whether the report was made in bad faith or with malicious intent and that the disclosure of the identity of the person who made the report would not be likely to endanger the life or safety of the person who made the report, the court shall provide a copy of the information to the petitioner and the original information is subject to discovery in a subsequent civil action regarding the making of the report.
κ2021 Statutes of Nevada, Page 791 (CHAPTER 173, SB 376)κ
7. If an agency which provides child welfare services receives any information that is deemed confidential by law, the agency which provides child welfare services shall maintain the confidentiality of the information as prescribed by applicable law.
8. Pursuant to this section, a person may authorize the release of information maintained by an agency which provides child welfare services about himself or herself, but may not waive the confidentiality of such information concerning any other person.
9. An agency which provides child welfare services may provide a summary of the outcome of an investigation of the alleged abuse or neglect of a child to the person who reported the suspected abuse or neglect.
10. Except as otherwise provided in this subsection, any person who is provided with information maintained by an agency which provides child welfare services and who further disseminates the information or makes the information public is guilty of a gross misdemeanor. This subsection does not apply to:
(a) A district attorney or other law enforcement officer who uses the information solely for the purpose of initiating legal proceedings;
(b) An employee of the Division of Parole and Probation of the Department of Public Safety making a presentence investigation and report to the district court pursuant to NRS 176.135 or making a general investigation and report pursuant to NRS 176.151; or
(c) An employee of a juvenile justice agency who provides the information to the juvenile court.
11. An agency which provides child welfare services may charge a fee for processing costs reasonably necessary to prepare information maintained by the agency which provides child welfare services for release pursuant to this section.
12. An agency which provides child welfare services shall adopt rules, policies or regulations to carry out the provisions of this section.
13. As used in this section, juvenile justice agency means the Youth Parole Bureau or a director of juvenile services.
Sec. 3. NRS 432B.300 is hereby amended to read as follows:
432B.300 If an agency which provides child welfare services determines that an investigation of a report concerning the possible abuse or neglect of a child is warranted pursuant to NRS 432B.260, the agency shall determine, without limitation:
1. The composition of the family, household or facility, including the name, address, age, sex and race of each child named in the report, any siblings or other children in the same place or under the care of the same person, the persons responsible for the childrens welfare and any other adult living or working in the same household or facility;
2. Whether there is reasonable cause to believe any child is abused or neglected or threatened with abuse or neglect, the nature and extent of existing or previous injuries, abuse or neglect and any evidence thereof, and the person apparently responsible;
3. Whether there is reasonable cause to believe that a child has suffered a fatality as a result of abuse or neglect regardless of whether or not there are any siblings of the child or other children who are residing in the same household as the child who is believed to have suffered a fatality as a result of abuse or neglect;
κ2021 Statutes of Nevada, Page 792 (CHAPTER 173, SB 376)κ
4. If there is reasonable cause to believe that a child is abused or neglected, the immediate and long-term risk to the child if the child remains in the same environment; and
5. The treatment and services which appear necessary to help prevent further abuse or neglect and to improve the environment of the child and the ability of the person responsible for the childs welfare to care adequately for the child . [; and
6. Whether the report concerning the possible abuse or neglect of a child is substantiated or unsubstantiated.]
Sec. 4. NRS 432B.310 is hereby amended to read as follows:
432B.310 1. Except as otherwise provided in subsection 6 of NRS 432B.260, the agency investigating a report of abuse or neglect of a child shall, upon completing the investigation, report to the Central Registry:
(a) Identifying and demographic information on the child alleged to be abused or neglected, the parents of the child, any other person responsible for the welfare of the child and the person allegedly responsible for the abuse or neglect;
(b) The facts of the alleged abuse or neglect, including the date and type of alleged abuse or neglect, the manner in which the abuse was inflicted, the severity of the injuries and, if applicable, any information concerning the death of the child; and
(c) [The] If the report was assigned a disposition of substantiated, the [case.] fact of that disposition. The agency shall not report to the Central Registry a disposition other than substantiated.
2. An agency which provides child welfare services shall not report to the Central Registry any information concerning a child identified as being affected by a fetal alcohol spectrum disorder or prenatal substance use disorder or as having withdrawal symptoms resulting from prenatal substance exposure unless the agency determines that a person has abused or neglected the child after the child was born.
Sec. 5. NRS 432B.315 is hereby amended to read as follows:
432B.315 If an agency which provides child welfare services [determines pursuant to NRS 432B.300 that] assigns a disposition of substantiated to a report made pursuant to NRS 432B.220 , [is substantiated,] the agency shall provide written notification to the person responsible for the childs welfare who is named in the report as allegedly causing the abuse or neglect of the child which includes statements indicating that:
1. The report which was made against the person has been substantiated and the agency which provides child welfare services intends to place the persons name in the Central Registry pursuant to NRS 432B.310; and
2. The person may request an administrative appeal of the substantiation of the report and the agencys intention to place the persons name in the Central Registry by submitting a written request to the agency which provides child welfare services within the time required pursuant to NRS 432B.317.
Sec. 5.5. Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An agency which provides child welfare services shall, upon determining that an investigation is not warranted or upon the conclusion of an investigation of a report concerning the possible abuse or neglect of a child, assign one of the following dispositions to the report:
κ2021 Statutes of Nevada, Page 793 (CHAPTER 173, SB 376)κ
(a) Substantiated.
(b) Unsubstantiated.
(c) Unable to locate or contact.
(d) Administrative closure.
2. A disposition of unable to locate or contact or administrative closure shall be deemed to be equivalent to a disposition of unsubstantiated for all purposes.
3. As used in this section:
(a) Administrative closure means that the agency which provides child welfare services has determined that it lacks the authority to investigate a report concerning the possible abuse or neglect of a child.
(b) Substantiated means that the agency which provides child welfare services has determined by a preponderance of the evidence that the alleged abuse or neglect occurred and was committed by the person named in the report as allegedly causing the abuse or neglect.
(c) Unable to locate or contact means that the agency which provides child welfare services was unable to complete an investigation of a report concerning the possible abuse or neglect of a child because:
(1) The agency which provides child welfare services lacks the information necessary to complete the investigation, including, without limitation, the current address of the child or his or her parent or legal guardian;
(2) The parent or guardian of the child was contacted and then relocated and can no longer be located to complete the investigation; or
(3) The agency which provides child welfare services located the parent or guardian of the child but, after making persistent efforts, is unable to make contact with the parent or guardian of the child to complete the investigation.
(d) Unsubstantiated means that the agency which provides child welfare services has determined by a preponderance of the evidence that the alleged abuse or neglect did not occur or was not committed by the person named in the report as allegedly causing the abuse or neglect.
Sec. 5.7. NRS 392.275 is hereby amended to read as follows:
392.275 As used in NRS 392.275 to 392.365, inclusive, and section 5.5 of this act, unless the context otherwise requires, the words and terms defined in NRS 392.281 to 392.295, inclusive, have the meanings ascribed to them in those sections.
Sec. 6. NRS 392.337 is hereby amended to read as follows:
392.337 1. An agency which provides child welfare services investigating a report made pursuant to NRS 392.303 shall, upon completing the investigation, [determine whether the report is substantiated or unsubstantiated and] notify the parent or guardian of the child who is the subject of the report of [that determination.] the disposition assigned to the report pursuant to section 5.5 of this act.
2. If the report is substantiated, the agency shall:
(a) Forward the report to the Department of Education, the board of trustees of the school district in which the school is located or the governing body of the charter school or private school, as applicable, the appropriate local law enforcement agency within the county and the district attorneys office within the county for further investigation.
κ2021 Statutes of Nevada, Page 794 (CHAPTER 173, SB 376)κ
(b) Provide written notification to the person who is named in the report as allegedly causing the abuse or neglect of the child or violating NRS 201.540, 201.560, 392.4633 or 394.366 which includes statements indicating that:
(1) The report made against the person has been substantiated and the agency which provides child welfare services intends to place the persons name in the Central Registry pursuant to paragraph (a); and
(2) The person may request an administrative appeal of the substantiation of the report and the agencys intention to place the persons name in the Central Registry by submitting a written request to the agency which provides child welfare services within the time required by NRS 392.345.
(c) After the conclusion of any administrative appeal pursuant to NRS 392.345 or the expiration of the time period prescribed by that section for requesting an administrative appeal, whichever is later, report to the Central Registry:
(1) Identifying and demographic information on the child who is the subject of the report, the parents of the child, any other person responsible for the welfare of the child and the person allegedly responsible for the conduct alleged in the report;
(2) The facts of the alleged conduct, including the date and type of alleged conduct, a description of the alleged conduct, the severity of any injuries and, if applicable, any information concerning the death of the child; and
(3) The disposition of the case.
(d) Provide to the parent or guardian of the child who is the subject of the report:
(1) A written summary of the outcome of the investigation of the allegations in the report which must not identify the person who made the report, any child witnesses to the allegations in the report or any collateral sources and reporting parties; and
(2) A summary of any disciplinary action taken against the person who is named in the report as allegedly causing the abuse or neglect of the child or violating NRS 201.540, 201.560, 392.4633 or 394.366 which is known by the agency, including, without limitation, whether the name of such person will be placed in the Central Registry.
3. A parent or guardian who receives information pursuant to paragraph (d) of subsection 2 may disclose the information to an attorney for the child who is the subject of the report or the parent or guardian of the child.
Sec. 7. 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.
Sec. 8. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 7, inclusive, of this act become effective:
(a) Upon passage and approval for the purposes of adopting regulations and performing any other preparatory tasks that are necessary to carry out the provisions of this act; and
(b) On October 1, 2021, for all other purposes.
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