[Rev. 9/10/2021 11:30:50 AM]
κ2021 Statutes of Nevada, Page 1081κ
Assembly Bill No. 398Committee on Commerce and Labor
CHAPTER 232
[Approved: May 30, 2021]
AN ACT relating to sales of residential property; providing that a sellers agent shall not complete a disclosure form regarding the residential property; providing that a sellers agent is not liable to the purchaser under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, at least 10 days before residential property is conveyed to a purchaser, the seller is required to complete and serve upon the purchaser a disclosure form which provides an evaluation of the condition of any electrical, heating, cooling, plumbing and sewer systems on the property, and of the condition of any other aspects of the property which affect its use or value. The seller must indicate whether any of those systems or other aspects of the property has a defect of which the seller is aware. (NRS 113.120, 113.130) This bill provides explicitly that a sellers agent shall not complete the disclosure form on behalf of the seller. This bill also provides that a sellers agent is not liable to the purchaser if: (1) the seller is aware of a defect and fails to disclose the defect to the purchaser on the disclosure form as required; or (2) after service of the completed disclosure form but before conveyance of the property to the purchaser, the seller discovers a new defect in the residential property that was not identified on the completed disclosure form or discovers that a defect identified on the completed disclosure form has become worse than was indicated on the form and fails to inform the purchaser or the purchasers agent of that fact as required.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 113.130 is hereby amended to read as follows:
113.130 1. Except as otherwise provided in subsection 2:
(a) At least 10 days before residential property is conveyed to a purchaser:
(1) The seller shall complete a disclosure form regarding the residential property; and
(2) The seller or the sellers agent shall serve the purchaser or the purchasers agent with the completed disclosure form.
Κ A sellers agent shall not complete a disclosure form regarding the residential property on behalf of the seller.
(b) If, after service of the completed disclosure form but before conveyance of the property to the purchaser, a seller or the sellers agent discovers a new defect in the residential property that was not identified on the completed disclosure form or discovers that a defect identified on the completed disclosure form has become worse than was indicated on the form, the seller or the sellers agent shall inform the purchaser or the purchasers agent of that fact, in writing, as soon as practicable after the discovery of that fact but in no event later than the conveyance of the property to the purchaser.
κ2021 Statutes of Nevada, Page 1082 (CHAPTER 232, AB 398)κ
conveyance of the property to the purchaser. If the seller does not agree to repair or replace the defect, the purchaser may:
(1) Rescind the agreement to purchase the property; or
(2) Close escrow and accept the property with the defect as revealed by the seller or the sellers agent without further recourse.
(c) A sellers agent is not liable to the purchaser for damages if:
(1) The seller is aware of a defect and fails to disclose the defect to the purchaser on the disclosure form as required pursuant to paragraph (a); or
(2) After service of the completed disclosure form but before conveyance of the property to the purchaser, the seller discovers a new defect in the residential property that was not identified on the completed disclosure form or discovers that a defect identified on the completed disclosure form has become worse than was indicated on the form and fails to inform the purchaser or the purchasers agent of that fact as required pursuant to paragraph (b).
Κ The provisions of this paragraph do not affect, and must not be construed to affect, the obligation of a sellers agent to comply with the provisions of paragraph (a) of subsection 1 of NRS 645.252.
2. Subsection 1 does not apply to a sale or intended sale of residential property:
(a) By foreclosure pursuant to chapter 107 of NRS.
(b) Between any co-owners of the property, spouses or persons related within the third degree of consanguinity.
(c) Which is the first sale of a residence that was constructed by a licensed contractor.
(d) By a person who takes temporary possession or control of or title to the property solely to facilitate the sale of the property on behalf of a person who relocates to another county, state or country before title to the property is transferred to a purchaser.
3. A purchaser of residential property may not waive any of the requirements of subsection 1. A seller of residential property may not require a purchaser to waive any of the requirements of subsection 1 as a condition of sale or for any other purpose.
4. If a sale or intended sale of residential property is exempted from the requirements of subsection 1 pursuant to paragraph (a) of subsection 2, the trustee and the beneficiary of the deed of trust shall, not later than at the time of the conveyance of the property to the purchaser of the residential property, or upon the request of the purchaser of the residential property, provide:
(a) Written notice to the purchaser of any defects in the property of which the trustee or beneficiary, respectively, is aware; and
(b) If any defects are repaired or replaced or attempted to be repaired or replaced, the contact information of any asset management company who provided asset management services for the property. The asset management company shall provide a service report to the purchaser upon request.
5. As used in this section:
(a) Seller includes, without limitation, a client as defined in NRS 645H.060.
(b) Service report has the meaning ascribed to it in NRS 645H.150.
Sec. 2. This act becomes effective on July 1, 2021.
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κ2021 Statutes of Nevada, Page 1083κ
Senate Bill No. 125Senator Settelmeyer
CHAPTER 233
[Approved: May 30, 2021]
AN ACT relating to wildlife; authorizing certain persons to possess a golden eagle; authorizing the Board of Wildlife Commissioners to adopt regulations that authorize certain persons to transport, transfer, possess or use a golden eagle in falconry; requiring certain persons to obtain a falconry license and an eagle permit before such persons are authorized to transport, transfer, possess or use golden eagles in falconry; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The Bald and Golden Eagle Protection Act is the federal law that provides for the protection of bald eagles and golden eagles. (16 U.S.C. §§ 668-668d) The Act prohibits a person from taking, possessing, selling, purchasing, bartering, offering to sell, purchase or barter, transporting, exporting or importing any bald eagle or golden eagle, alive or dead, including any part, nest or egg of such an eagle, unless the person is authorized to do so by permit. (16 U.S.C. § 668) The Act provides for the taking of golden eagles from the wild to be used in falconry. (16 U.S.C. § 668a; 50 C.F.R. § 21.29(a)(1)(ii)) Specifically, the Act provides that the Secretary of the Interior may permit the taking, possessing and transporting of golden eagles for the purposes of falconry if the golden eagles are taken because they are causing depredations on livestock or wildlife. (16 U.S.C. § 668a) Federal regulations adopted pursuant to the Act require a person who seeks to use a golden eagle for falconry to: (1) satisfy the conditions set forth in the federal regulations enacted pursuant to the Migratory Bird Treaty Act; and (2) have a permit to possess a golden eagle from his or her state. (50 C.F.R. § 22.24) The federal regulations enacted pursuant to the Migratory Bird Treaty Act provide that a master falconer may possess up to three eagles, including golden eagles, if he or she: (1) has documents proving his or her experience in handling large raptors; and (2) has at least two letters of reference from people with experience handling or flying large raptors. (50 C.F.R. §§ 21.29(c)(2)(iii)(B), 21.29(c)(2)(iv))
Existing law requires any person who practices falconry or trains birds of prey to obtain a falconry license from the Department of Wildlife. (NRS 503.583) Existing law provides that it is unlawful for any person to kill, destroy, wound, trap, injure, possess dead or alive, or in any other manner to catch or capture, or to pursue with such intent, bald eagles or golden eagles. However, existing law authorizes the Department to issue a permit to take bald eagles or golden eagles to mitigate depredations on wildlife, agriculture or other interests. (NRS 503.610) Existing regulations prohibit bald eagles and golden eagles from being taken, transported, possessed or used in the practice of falconry. (NAC 503.305) Existing law provides that every person who unlawfully kills or possesses an eagle is liable for a civil penalty. (NRS 501.3855)
Section 3 of this bill authorizes a person who is licensed as a master falconer and who meets certain federal conditions to possess a golden eagle that is obtained from the wild if the golden eagle: (1) is obtained for rehabilitation purposes; (2) is legally obtained in another state; (3) is legally possessed by a master falconer in another state and that master falconer moves to this state; or (4) is transferred to the master falconer from another falconer in a manner authorized by regulations adopted by the Board of Wildlife Commissioners. Section 3 authorizes the Commission to adopt regulations that authorize such a person to transport, transfer, possess or use a golden eagle in falconry.
κ2021 Statutes of Nevada, Page 1084 (CHAPTER 233, SB 125)κ
regulations that authorize such a person to transport, transfer, possess or use a golden eagle in falconry. If such transportation, transfer, possession or use in falconry is authorized, section 3 further requires a person who possesses a golden eagle to obtain an eagle permit. If such transportation, transfer, possession or use in falconry is authorized, section 3 requires the Commission to adopt regulations that establish: (1) the requirements a person must comply with to obtain an eagle permit; and (2) how the holder of an eagle permit may transport, transfer, possess or use a golden eagle. The eagle permit: (1) is deemed a permit to possess a golden eagle, as required by federal law; and (2) authorizes the holder to lawfully transport, transfer, possess or use a golden eagle in falconry.
Section 3 additionally requires the Commission to adopt regulations that impose civil penalties against a person who violates various prohibitions against tampering with bald eagles and golden eagles. Section 1 of this bill makes a conforming change to provide an exception to account for this civil penalty.
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 501.3855 is hereby amended to read as follows:
501.3855 1. In addition to the penalties provided for the violation of any of the provisions of this title, every person who:
(a) Unlawfully kills or possesses a trophy big game mammal is liable for a civil penalty of not less than $5,000 nor more than $30,000; or
(b) Except as otherwise provided in paragraph (a) [,] or NRS 503.610, unlawfully kills or possesses a big game mammal, moose, bobcat, swan or eagle is liable for a civil penalty of not less than $250 but less than $5,000.
2. For the unlawful killing or possession of fish or wildlife not included in subsection 1, a person is liable for a civil penalty of not less than $25 nor more than $1,000.
3. For hunting, fishing or trapping without a valid license, tag or permit, a person is liable for a civil penalty of not less than $50 nor more than the amount of the fee for the license, tag or permit required for the activity in which the person engaged.
4. Every court, before whom a defendant is convicted of unlawfully killing or possessing any wildlife, shall order the defendant to pay the civil penalty in the amount stated in this section for each mammal, bird or fish unlawfully killed or possessed. The court shall fix the manner and time of payment.
5. The Department may attempt to collect all penalties and installments that are in default in any manner provided by law for the enforcement of a judgment.
6. If a person who is ordered to pay a civil penalty pursuant to this section fails to do so within 90 days after the date set forth in the order, the Department may suspend, revoke, or refuse to issue or renew any license, tag, permit, certificate or other document or privilege otherwise available to the person pursuant to this title or chapter 488 of NRS.
7. Each court that receives money pursuant to the provisions of this section shall forthwith remit the money to the Department which shall deposit the money with the State Treasurer for credit to the Wildlife Account in the State General Fund.
κ2021 Statutes of Nevada, Page 1085 (CHAPTER 233, SB 125)κ
8. As used in this section, trophy big game mammal means a mule deer with an outside antler measurement of at least 24 inches, a bighorn sheep of any species with at least one horn exceeding a half curl, a Rocky Mountain elk with at least six antler points on one antler, a pronghorn antelope with at least one horn which is more than 14 inches in length, a mountain goat or a black bear. As used in this subsection:
(a) Antler means any bony growth originating from the pedicle portion of the skull of a big game mammal that is annually cast and regenerated as part of the annual life cycle of the big game mammal.
(b) Antler point means a projection which is at least 1 inch in length with the length exceeding the width of its base, excluding the first point on the main beam commonly known as the eye guard on mule deer.
(c) Horn exceeding a half curl means a horn tip that has grown at least through 180 degrees of a circle determined by establishing a parallel reference line from the base of the horn and measuring the horn tip to determine whether the horn tip has grown at least to the projection of the reference line.
(d) Outside antler measurement means the perpendicular measurement at right angles to the center line of the skull of a deer at the widest point between the main antler beams or the antler points off the main antler beams.
Sec. 2. (Deleted by amendment.)
Sec. 3. NRS 503.610 is hereby amended to read as follows:
503.610 1. Except as otherwise provided in [subsection 2,] this section, it is unlawful for any person, firm, company, corporation or association to kill, destroy, wound, trap, injure, possess dead or alive, or in any other manner to catch , [or] capture, take or remove from the wild, or to pursue with such intent the birds known as the bald eagle and the golden eagle, or to take [,] or remove from the wild, injure, possess or destroy the nests , [or] eggs or newly hatched offspring of such birds.
2. The Department may issue permits to take bald eagles or golden eagles whenever it determines that they have become seriously injurious to wildlife or agricultural or other interests in any particular area of the State and the injury complained of is substantial and can only be abated by taking some or all of the offending birds. The issuance of such permits must be consistent with federal law.
3. The Department may authorize a person who is licensed as a master falconer by the Department pursuant to NRS 503.583 and who meets the conditions set forth in 50 C.F.R. § 21.29 to possess a golden eagle that is obtained from the wild if the golden eagle:
(a) Is obtained for the rehabilitation of the golden eagle in accordance with federal law;
(b) Is obtained in another state in accordance with federal law, including, without limitation, the federal depredation permit lottery system, and the laws of that state;
(c) Is legally possessed by a master falconer in another state and that master falconer moves to this State; or
(d) Is transferred to the master falconer from another falconer who is licensed in this State or another state. Such a transfer may only occur if it is authorized by the Department in the manner set forth in any regulations adopted by the Commission pursuant to subsection 6, if applicable.
κ2021 Statutes of Nevada, Page 1086 (CHAPTER 233, SB 125)κ
is authorized by the Department in the manner set forth in any regulations adopted by the Commission pursuant to subsection 6, if applicable.
4. If the Commission adopts regulations pursuant to paragraph (a) of subsection 6 and authorizes the transportation, transfer, possession or use of a golden eagle in falconry, the Department shall require a person who possesses a golden eagle pursuant to subsection 3 to obtain an eagle permit from the Department.
5. The eagle permit obtained pursuant to subsection 4:
(a) Is deemed to be a permit to possess a golden eagle for the purposes of 50 C.F.R. § 22.24; and
(b) Authorizes the holder to lawfully transport, transfer, possess or use a golden eagle in falconry in the manner set forth in the eagle permit that is issued by the Department.
6. The Commission:
(a) May adopt regulations that authorize a person who possesses a golden eagle pursuant to subsection 3 to transport, transfer, possess or use the golden eagle in falconry; and
(b) Shall adopt regulations that establish:
(1) If the Commission adopts regulations pursuant to paragraph (a):
(I) The requirements that a person who possesses a golden eagle pursuant to subsection 3 must comply with to obtain an eagle permit from the Department; and
(II) How the holder of an eagle permit may transport, transfer, possess or use a golden eagle; and
(2) Civil penalties to be imposed against any person firm, company, corporation or association who violates subsection 1.
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κ2021 Statutes of Nevada, Page 1087κ
Assembly Bill No. 103Assemblywomen Martinez and Considine
CHAPTER 234
[Approved: May 31, 2021]
AN ACT relating to historic preservation; revising provisions relating to obtaining a permit to excavate a site on private lands that is known to be a prehistoric Indian burial site; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law: (1) prohibits a person from excavating a site on private lands located in this State that the person knows is a prehistoric Indian burial site unless the person first obtains a permit from the Museum Director of the Nevada State Museum; and (2) provides that a person is not required to obtain such a permit to engage in a lawful activity on private lands if that activity is engaged in exclusively for purposes other than the excavation of a prehistoric Indian burial site. (NRS 381.196) This bill provides, instead, that such a permit is not required to engage in a lawful activity on such private lands if: (1) the activity is exclusively for purposes other than the excavation of a prehistoric Indian burial site; and (2) the activity occurs only on a portion of the private lands that does not contain the known prehistoric Indian burial site.
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 381.196 is hereby amended to read as follows:
381.196 1. A person shall not excavate a site on private lands located within this State that the person knows is a prehistoric Indian burial site unless the person first obtains a permit issued by the Museum Director.
2. A person is not required to obtain a permit pursuant to subsection 1 to engage in a lawful activity on private lands, including, without limitation, construction, mining, mineral exploration, logging, farming, ranching or a federally authorized activity conducted in compliance with the National Historic Preservation Act, 54 U.S.C. §§ 300101 et seq., if that activity is engaged in exclusively for purposes other than the excavation of a prehistoric Indian burial site [.] and the activity occurs only on a portion of the private lands that does not contain the known prehistoric Indian burial site.
3. The Museum Director shall adopt regulations governing a permit issued pursuant to subsection 1. The regulations must, without limitation:
(a) Set forth the process for obtaining and renewing a permit required pursuant to subsection 1;
(b) Set forth the qualifications of an applicant for such a permit;
(c) Require notice to and consultation with the applicable Indian tribes throughout the permitting process in the manner provided by NRS 381.0066;
(d) Provide for the enforcement of the provisions of this section, including, without limitation, the examination of the permit of a person claiming privileges pursuant to this section; and
(e) Fully protect the constitutional rights of property owners.
κ2021 Statutes of Nevada, Page 1088 (CHAPTER 234, AB 103)κ
4. Any regulations adopted pursuant to this section must be developed in consultation with Indian tribes and incorporate the values, beliefs and traditions of the Indian tribes as determined and conveyed by the members of the Indian tribes during the consultation with the Museum Director.
5. As used in this section, Indian burial site has the meaning ascribed to it in NRS 383.150.
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Senate Bill No. 311Senator Ratti
CHAPTER 235
[Approved: May 31, 2021]
AN ACT relating to housing; authorizing the Nevada Rural Housing Authority to create a for-profit business entity for the purpose of developing, operating and managing housing projects to provide dwellings primarily for persons of low and moderate income; exempting such a business entity from compliance with the Open Meeting Law; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Nevada Rural Housing Authority to prepare, carry out and operate housing projects in certain rural areas of this State. (NRS 315.961-315.99874) Existing law authorizes the Authority to create a nonprofit organization for the purpose of developing housing projects. (NRS 315.983) Sections 3 and 10 of this bill additionally authorize the Authority to create a for-profit business entity for that purpose. Section 10 authorizes the Authority or any nonprofit or for-profit business entity created by the Authority to hold an ownership interest in such a business entity and participate in matters of corporate governance for that business entity. Section 4 of this bill authorizes a business entity created by the Authority to: (1) prepare, carry out, operate and otherwise manage housing projects; (2) provide for the construction, reconstruction, improvement, extension, alteration or repair of housing projects; (3) enter into a public-private partnership to finance a housing project; and (4) construct or operate a housing project for profit. Section 12 of this bill makes conforming changes to authorize a business entity created by the Authority to make certain payments in lieu of taxes relating to the development, operation and management of housing projects. Sections 13 and 14 of this bill make conforming changes to clarify that a business entity created by the Authority is not subject to: (1) certain restrictions against operating a housing project for profit; and (2) certain restrictions on rates that the Authority may charge for rentals or payments for dwellings in the Authoritys housing projects. Sections 4 and 15 of this bill exempt a business entity created by the Authority from the provisions that require that meetings of state and local agencies be open and public. Sections 4, 7 and 11 of this bill also provide that management of a housing project is within the scope of the duties of the Authority or a business entity created by the Authority. Sections 6 and 8 of this bill standardize certain terminology relating to housing authorities.
Existing law defines, for the purposes of the authorized activities of the Authority, the term housing project to include any work or undertaking to provide decent, safe and sanitary rural dwellings, apartments or other living accommodations for persons of low and moderate income. (NRS 315.969) Section 7 of this bill revises this definition to: (1) allow a housing project to provide accommodations primarily, instead of entirely, for persons of low and moderate income; and (2) authorize a housing project to specifically include affordable housing. Section 2 of this bill defines the term affordable housing to include housing for persons or families who make up to 120 percent of the median monthly gross household income for the county in which the housing is located.
κ2021 Statutes of Nevada, Page 1089 (CHAPTER 235, SB 311)κ
defines the term affordable housing to include housing for persons or families who make up to 120 percent of the median monthly gross household income for the county in which the housing is located. (NRS 278.0105, 278.01902, 278.01904, 278.01906) Section 9 of this bill revises the definition of persons of low and moderate income to mean any person who qualifies for affordable housing. Sections 7 and 9 thereby clarify the persons to whom the Authority is authorized to lease or rent dwelling accommodations. Sections 4, 7 and 9 thereby allow a business entity created by the Authority to rent or lease dwelling accommodations in a housing project to persons with a higher income, as long as the housing project primarily serves persons of low and moderate income. Section 18 of this bill makes a conforming change by removing a requirement that the Authority determine who qualifies as a person of low and moderate income as a result of the change in section 9. Section 5 of this bill makes a conforming change to indicate the proper placement of sections 2-4 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. Chapter 315 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. Affordable housing has the meaning ascribed to it in NRS 278.0105.
Sec. 3. Business entity means a corporation, whether or not for profit, nonprofit organization, association, partnership, limited-liability company, limited-liability partnership or other entity formed pursuant to NRS 315.983.
Sec. 4. 1. A business entity may:
(a) Within the area of operation of the Authority:
(1) Prepare, carry out, operate and otherwise manage housing projects; and
(2) Provide for the construction, reconstruction, improvement, extension, alteration or repair of any such project or any part thereof.
(b) Enter into a public-private partnership to finance a housing project.
(c) Construct or operate a housing project for profit.
2. The meetings of a business entity are not subject to the provisions of chapter 241 of NRS.
Sec. 5. NRS 315.962 is hereby amended to read as follows:
315.962 As used in NRS 315.961 to 315.99874, inclusive, and sections 2, 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 315.963 to 315.976, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.
Sec. 6. NRS 315.964 is hereby amended to read as follows:
315.964 Authority [or State Authority] means the Nevada Rural Housing Authority created by NRS 315.977.
Sec. 7. NRS 315.969 is hereby amended to read as follows:
315.969 1. Housing project means any work or undertaking:
(a) To demolish, clear or remove buildings from any area acquired by the Authority [;] or a business entity;
(b) To provide decent, safe and sanitary rural dwellings, apartments or other living accommodations primarily for persons of low and moderate income [.]
κ2021 Statutes of Nevada, Page 1090 (CHAPTER 235, SB 311)κ
income [.] , including, without limitation, affordable housing. Such work or undertaking may include buildings, land, equipment, facilities and other real or personal property for necessary, convenient or desirable appurtenances, streets, sewers, water service, utilities, parks, site preparation, landscaping, administrative, health, recreational, welfare or other purposes; or
(c) To accomplish a combination of the foregoing.
2. Housing project also may be applied to the planning of the buildings and improvements, the acquisition of property or the management of property, including, without limitation, the leasing of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements and all other work in connection therewith.
3. The term includes the acquisition or development of mobile home parks and facilities, the leasing or rental of mobile home lots in the park, or the purchase, leasing or rental of mobile homes.
Sec. 8. NRS 315.971 is hereby amended to read as follows:
315.971 Local [housing authority or local] authority means an authority as defined in NRS 315.170.
Sec. 9. NRS 315.973 is hereby amended to read as follows:
315.973 Persons of low and moderate income means individuals or families who [lack the amount of income which is necessary, as determined by the Authority pursuant to the provisions of NRS 315.9845, to enable them, without financial assistance, to live in decent, safe and sanitary dwellings, without overcrowding.] meet the criteria for affordable housing.
Sec. 10. NRS 315.983 is hereby amended to read as follows:
315.983 1. Except as otherwise provided in NRS 354.474 and 377.057, the Authority:
(a) Shall be deemed to be a public body corporate and politic, and an instrumentality, local government and political subdivision of the State, exercising public and essential governmental functions, and having all the powers necessary or convenient to carry out the purposes and provisions of NRS 315.961 to 315.99874, inclusive, and sections 2, 3 and 4 of this act but not the power to levy and collect taxes or special assessments.
(b) Is not an agency, board, bureau, commission, council, department, division, employee or institution of the State.
2. The Authority may:
(a) Sue and be sued.
(b) Have a seal.
(c) Have perpetual succession.
(d) Make and execute contracts and other instruments necessary or convenient to the exercise of its powers.
(e) Deposit money it receives in any insured state or national bank, insured credit union, insured savings and loan association or insured savings bank, or in the Local Government Pooled Long-Term Investment Account created by NRS 355.165 or the Local Government Pooled Investment Fund created by NRS 355.167.
(f) Adopt bylaws, rules and regulations to carry into effect the powers and purposes of the Authority.
(g) Create a [nonprofit organization which is exempt from taxation pursuant to 26 U.S.C. § 501(c)(3) and] business entity which has as its principal purpose the development , operation or management of housing projects. The Authority or any business entity created by the Authority pursuant to this paragraph may hold an ownership interest in a business entity created pursuant to this paragraph and participate in matters of corporate governance for that business entity.
κ2021 Statutes of Nevada, Page 1091 (CHAPTER 235, SB 311)κ
entity created pursuant to this paragraph and participate in matters of corporate governance for that business entity.
(h) Enter into agreements or other transactions with, and accept grants from and cooperate with, any governmental agency or other source in furtherance of the purposes of NRS 315.961 to 315.99874, inclusive.
(i) Enter into an agreement with a local government [in a county whose population is less than 100,000] within the area of operation of the Authority to receive a loan of money from the local government in accordance with NRS 354.6118.
(j) Acquire real or personal property or any interest therein, by gift, purchase, foreclosure, deed in lieu of foreclosure, lease, option or otherwise.
Sec. 11. NRS 315.984 is hereby amended to read as follows:
315.984 1. The Authority [or a nonprofit corporation created pursuant to paragraph (g) of subsection 2 of NRS 315.983] may, within its area of operation, prepare, carry out , [and] operate and otherwise manage housing projects and provide for the construction, reconstruction, improvement, extension, alteration or repair of any such project or any part thereof.
2. The Authority may, within its area of operation, administer programs to subsidize that portion of a tenants rental payments which represents the difference between the payment required in the lease and the amount paid under any program of the Federal Government.
3. The Authority may, within its area of operation, determine where there is a need for additional low-rent housing for persons of low and moderate income and where there is unsafe, insanitary or overcrowded housing.
4. The Authority may, within its area of operation, make studies and recommendations relating to the problems of relieving the shortage of low-rent housing and of eliminating unsafe, insanitary or overcrowded housing.
5. The Authority may, within its area of operation, cooperate with the Federal Government, state agencies, local housing authorities, counties, cities, towns and other political subdivisions of the State in action taken in connection with such problems.
Sec. 12. NRS 315.990 is hereby amended to read as follows:
315.990 The Authority or a business entity, as applicable, shall agree with the governing body of each affected city, town, county or other political subdivision to make such payments in lieu of taxes as it finds consistent with [the maintenance of the low-rent character of housing projects or] the achievement of the purposes of NRS 315.961 to 315.99874, inclusive [.] , and sections 2, 3 and 4 of this act, including, without limitation, the development, operation and management of affordable housing.
Sec. 13. NRS 315.993 is hereby amended to read as follows:
315.993 1. The Authority shall not construct or operate any housing project for profit.
2. The Authority shall manage and operate its housing projects in an efficient manner so as to enable it to fix the rentals or payments for dwelling accommodations at low rates consistent with its providing decent, safe and sanitary dwelling accommodations for persons of low and moderate income.
3. The Authority shall fix the rentals or payments for dwellings in its housing projects at no higher rates than are necessary to produce revenue which, together with all other available money, revenue, income and receipts of the Authority from whatever sources derived, will be sufficient:
(a) To pay, as it becomes due, the principal and interest on the bonds of the Authority.
κ2021 Statutes of Nevada, Page 1092 (CHAPTER 235, SB 311)κ
(b) To create and maintain such reserves as may be required to assure the payment of principal and interest as it becomes due on its bonds.
(c) To meet the cost of, and to provide for, maintaining and operating the housing projects, including necessary reserves therefor and the cost of any insurance, and the administrative expenses of the Authority.
(d) To make such payments in lieu of taxes as it determines are consistent with the maintenance of the low-rent character of the housing projects.
4. For the purposes of this section, a housing project constructed or operated by the Authority that is eligible for credit for low-income housing pursuant to 26 U.S.C. § 42 is not constructed or operated for profit.
5. Nothing in this section shall be construed to:
(a) Prohibit a business entity from taking any action authorized by section 4 of this act; or
(b) Impose restrictions on a business entity taking any action authorized by section 4 of this act.
Sec. 14. NRS 315.994 is hereby amended to read as follows:
315.994 1. In the operation or management of its housing projects, the Authority shall at all times observe the following duties with respect to rentals and tenant admissions:
[1.] (a) It may rent or lease the dwelling accommodations therein only to persons of low and moderate income.
[2.] (b) It may rent or lease to a tenant dwelling accommodations consisting of the number of rooms, but no greater number, which it deems necessary to provide safe and sanitary accommodations to the proposed occupants thereof, without overcrowding.
[3.] (c) It shall not accept any person or persons as tenants in any housing project if the person or persons who occupy the dwelling accommodations have, at the time of admission, an aggregate annual net income, less an exemption of $200 for each minor member of the family other than the head of the family and his or her spouse, in excess of 7 times the annual rental of the quarters to be furnished such person or persons; but the Authority may agree to conditions as to tenant eligibility or preference required by the Federal Government pursuant to federal law in any contract for financial assistance with the Authority. In computing the rental for this purpose of admitting tenants, there shall be included in the rental the average annual cost, as determined by the Authority, to occupants of heat, water, electricity, gas, cooking fuel, and other necessary services or facilities, whether or not the charge for such services and facilities is included in the rental.
2. The requirements of this section do not apply to housing project developed, operated or managed by a business entity.
Sec. 15. NRS 241.016 is hereby amended to read as follows:
241.016 1. The meetings of a public body that are quasi-judicial in nature are subject to the provisions of this chapter.
2. The following are exempt from the requirements of this chapter:
(a) The Legislature of the State of Nevada.
(b) Judicial proceedings, including, without limitation, proceedings before the Commission on Judicial Selection and, except as otherwise provided in NRS 1.4687, the Commission on Judicial Discipline.
(c) Meetings of the State Board of Parole Commissioners when acting to grant, deny, continue or revoke the parole of a prisoner or to establish or modify the terms of the parole of a prisoner.
κ2021 Statutes of Nevada, Page 1093 (CHAPTER 235, SB 311)κ
3. Any provision of law, including, without limitation, NRS 91.270, 219A.210, 228.495, 239C.140, 239C.420, 281A.350, 281A.690, 281A.735, 281A.760, 284.3629, 286.150, 287.0415, 287.04345, 287.338, 288.220, 288.590, 289.387, 295.121, 360.247, 388.261, 388A.495, 388C.150, 388D.355, 388G.710, 388G.730, 392.147, 392.467, 394.1699, 396.3295, 414.270, 422.405, 433.534, 435.610, 442.774, 463.110, 480.545, 622.320, 622.340, 630.311, 630.336, 631.3635, 639.050, 642.518, 642.557, 686B.170, 696B.550, 703.196 and 706.1725, and section 4 of this act, which:
(a) Provides that any meeting, hearing or other proceeding is not subject to the provisions of this chapter; or
(b) Otherwise authorizes or requires a closed meeting, hearing or proceeding,
Κ prevails over the general provisions of this chapter.
4. The exceptions provided to this chapter, and electronic communication, must not be used to circumvent the spirit or letter of this chapter to deliberate or act, outside of an open and public meeting, upon a matter over which the public body has supervision, control, jurisdiction or advisory powers.
Sec. 16. 1. Any administrative regulations adopted by an officer or an agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remain in force until amended by the officer or agency to which the responsibility for the adoption of the regulations has been transferred.
2. Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer or agency to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.
3. Any action taken by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remains in effect as if taken by the officer or agency to which the responsibility for the enforcement of such actions has been transferred.
Sec. 17. The Legislative Counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
2. In preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
Sec. 18. NRS 315.9845 is hereby repealed.
Sec. 19. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 18, inclusive, of this act become effective:
κ2021 Statutes of Nevada, Page 1094 (CHAPTER 235, SB 311)κ
(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 October 1, 2021, for all other purposes.
________
Senate Bill No. 370Committee on Natural Resources
CHAPTER 236
[Approved: May 31, 2021]
AN ACT relating to food policy; creating the Home Feeds Nevada Agriculture Food Purchase Program and the Nutritious Food Purchase Account; requiring the Director of the State Department of Agriculture to develop a procedure through which the Director may purchase nutritious foods that are grown, produced or processed in this State; requiring the Director to distribute nutritious food to certain food banks; requiring the food banks to distribute such food to persons in need; requiring the food banks to submit quarterly reports to the Director; requiring the Director to submit an annual written report to the Council on Food Security; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Council on Food Security within the Department of Health and Human Services. (NRS 232.4966) Existing law requires the Council to develop, coordinate and implement a food system that, among other things, increases access to improved food resource programs. (NRS 232.4968) Existing law requires the Director of the State Department of Agriculture to establish a Supplemental Food Program to supplement the supply of food and services provided by programs which provide food to indigent persons. Such programs include food banks, emergency food pantries, soup kitchens and homeless shelters. Existing law requires the Director to purchase and distribute nutritious food to persons in this State who cannot afford to purchase food. Such purchases must be made with funds from the Donated Commodities Account. (NRS 561.485, 561.495)
Section 1.7 of this bill creates the Home Feeds Nevada Agriculture Food Purchase Program to supplement the supply to nutritious food which is available to persons through food banks and certain other providers in this State. Section 1.7 authorizes the Director to solicit and accept any gift, grant or donation for the Program, and section 1.5 creates the Nutritious Food Purchase Account in the State General Fund into which any money obtained by the Director for the Program must be deposited. Section 1.7 requires the Director to develop a procedure through which the Director may purchase nutritious food that is grown, produced or processed in this State. Section 1.7 additionally requires the Director to distribute the food to certain food banks. Section 1.7 requires such food banks to distribute the nutritious food to persons, emergency food pantries, soup kitchens and homeless shelters based on need in the area that the food bank serves. Section 1.7 requires each food bank to submit a quarterly report to the Director concerning: (1) the amount of nutritious food that was distributed by the food bank; and (2) the manner of such distribution. Finally, section 1.7 requires the Director to submit an annual written report containing certain information to the Council on Food Security.
κ2021 Statutes of Nevada, Page 1095 (CHAPTER 236, SB 370)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 1.3. Chapter 561 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5 and 1.7 of this act.
Sec. 1.5. 1. The Nutritious Food Purchase Account is hereby created in the State General Fund for the use of the Director in carrying out the Home Feeds Nevada Agriculture Food Purchase Program in accordance with section 1.7 of this act.
2. All money received by the Director pursuant to section 1.7 of this act must be deposited in the State Treasury for credit to the Nutritious Food Purchase Account. The interest and income earned on the money in the Account must be credited to the Account.
Sec. 1.7. 1. The Director shall establish the Home Feeds Nevada Agriculture Food Purchase Program to supplement the supply of nutritious food available to persons through food banks and other providers, as identified in subsection 4.
2. The Director may solicit and accept any gift, grant or donation for the Program. Upon receipt of any gift, grant or donation of money, the amount received must be deposited in the Nutritious Food Purchase Account created by section 1.5 of this act. Gifts, grants and donations deposited in the Account must be used in the same manner as other money in the Account.
3. In carrying out the Program, the Director shall develop a procedure through which nutritious food that is grown, produced or processed in this State may be purchased by the Director and distributed at no cost to food banks in this State for distribution pursuant to subsection 4. The Director shall determine the cost for purchasing such nutritious food through a negotiated process. The money in the Nutritious Food Purchase Account must only be used to pay reasonable expenses related to:
(a) Operating the Program; and
(b) Purchasing, transporting and distributing the nutritious food.
4. Upon receiving the nutritious food pursuant to subsection 3, a food bank shall distribute at no cost the nutritious food to persons, emergency food pantries, soup kitchens or homeless shelters, based on need, in the area that the food bank serves.
5. Any food bank that receives nutritious food pursuant to subsection 3 shall submit a quarterly report to the Director concerning:
(a) The amount of nutritious food that was distributed pursuant to subsection 4; and
(b) The manner in which the nutritious food was distributed pursuant to subsection 4.
6. On or before September 30 of each year, the Director shall submit a written report of the Council on Food Security concerning the following matters from the immediately preceding fiscal year:
(a) All expenditures from the Nutritious Food Purchase Account created by section 1.5 of this act;
(b) The number of people and households served by the Program; and
κ2021 Statutes of Nevada, Page 1096 (CHAPTER 236, SB 370)κ
(c) The variety, supply and cost of purchases made pursuant to subsection 3.
7. As used in this section:
(a) Council on Food Security means the Council on Food Security created by NRS 232.4966.
(b) Food bank means a food bank or other organization that is a member of the Feeding America network.
Sec. 2. 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.
________
Senate Bill No. 160Senators Kieckhefer, Seevers Gansert; and Lange
CHAPTER 237
[Approved: May 31, 2021]
AN ACT relating to education; authorizing a university school for profoundly gifted pupils to enter into a cooperative agreement to provide dual credit courses; authorizing a school district, charter school or university school for profoundly gifted pupils to enter into a cooperative agreement to provide dual credit courses with an institution of higher education located in another state under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires each school district and 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. Under existing law, a community college, state college or university is required to provide a copy of any such cooperative agreement to the Nevada System of Higher Education and the Department of Education. (NRS 389.310) Section 2 of this bill authorizes a university school for profoundly gifted pupils to enter into a cooperative agreement to offer dual credit courses. Section 2 also clarifies that the community college, state college or university with which a school district, charter school or university school for profoundly gifted pupils enters into such a cooperative agreement must be located in this State and accredited by a regional accrediting agency recognized by the United States Department of Education. Section 2 also authorizes a school district, charter school or university school for profoundly gifted pupils to similarly enter into a cooperative agreement with a regionally accredited institution of higher education located in another state to offer dual credit courses that are not offered by a community college, state college or university located in this State to pupils enrolled in the school district, charter school or university school for profoundly gifted pupils. Finally, section 2 requires an institution of higher education located in another state that enters into a cooperative agreement with a school district, charter school or university school for profoundly gifted pupils in this State to provide a copy of the agreement to the Department. Section 1 of this bill makes a conforming change relating to university schools for profoundly gifted pupils entering into cooperative agreements to offer dual credit courses.
κ2021 Statutes of Nevada, Page 1097 (CHAPTER 237, SB 160)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 389.300 is hereby amended to read as follows:
389.300 1. Except as otherwise provided in this subsection, a pupil enrolled in high school, including, without limitation, a pupil enrolled in grade 9, 10, 11 or 12 in a charter school, who wishes to enroll in a dual credit course must, at least 60 days before the last day of the semester that immediately precedes the semester in which the pupil intends to enroll in a dual credit course, submit an application on the form prescribed pursuant to subsection 2 to the superintendent of schools of the school district or his or her designee or the administrator of the charter school [,] or university school for profoundly gifted pupils, as applicable. The superintendent or his or her designee or the administrator of a charter school [,] or university school for profoundly gifted pupils, as applicable, may, in his or her discretion, waive the period for submitting an application prescribed by this subsection.
2. The board of trustees of a school district or the governing body of a charter school or university school for profoundly gifted pupils shall create, publish and make publicly available an application for enrollment in a dual credit course. The application must, without limitation:
(a) Provide for enrollment in more than one dual credit course using a single application;
(b) Specify the dual credit course or courses in which the applicant seeks to concurrently enroll; and
(c) Be consistent with any regulations adopted by the State Board.
3. The superintendent of schools of a school district or his or her designee or the administrator of a charter school [,] or university school for profoundly gifted pupils, as applicable, shall approve or disapprove each application submitted pursuant to subsection 1 and provide notice of the approval or disapproval to the applicant.
4. A pupil must satisfactorily complete the prerequisites for a dual credit course before he or she may enroll in the course. If a pupil does not satisfactorily complete the prerequisites for a dual credit course, the community college, state college or university that provides the dual credit course may allow the pupil to enroll in another course for which the pupil has satisfactorily completed the prerequisites without requiring the pupil to submit a new application.
Sec. 2. NRS 389.310 is hereby amended to read as follows:
389.310 1. Each school district and charter school shall and a university school for profoundly gifted pupils may enter into cooperative agreements with one or more community colleges, state colleges and universities located in this State and accredited by a regional accrediting agency recognized by the United States Department of Education to offer dual credit courses to pupils enrolled in the school district , [or] charter school [.] or university school for profoundly gifted pupils. A school district, charter school or university school for profoundly gifted pupils may enter into cooperative agreements with one or more institutions of higher education located in another state and accredited by a regional accrediting agency recognized by the United States Department of Education to offer dual credit courses that are not offered by a community college, state college or university located in this State to pupils enrolled in the school district, charter school or university school for profoundly gifted pupils.
κ2021 Statutes of Nevada, Page 1098 (CHAPTER 237, SB 160)κ
college, state college or university located in this State to pupils enrolled in the school district, charter school or university school for profoundly gifted pupils.
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 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 or university school for profoundly gifted pupils 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 or university school for profoundly gifted pupils to pay all or a portion of the tuition for the dual credit course;
(d) A requirement that the school district , [or] charter school or university school for profoundly gifted pupils 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;
(e) Assignment by the school district , [or] charter school or university school for profoundly gifted pupils 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 or university school for profoundly gifted pupils 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. An institution of higher education located in another state that enters into a cooperative agreement with a school district, charter school or university school for profoundly gifted pupils in this State to offer a dual credit course shall provide to the Department a copy of each cooperative agreement entered into by the institution of higher education pursuant to subsection 1.
κ2021 Statutes of Nevada, Page 1099 (CHAPTER 237, SB 160)κ
4. The Nevada System of Higher Education , if applicable, and the Department shall retain a copy of each cooperative agreement entered into pursuant to this section.
Sec. 3. This act becomes effective on July 1, 2021.
________
Senate Bill No. 439Committee on Finance
CHAPTER 238
[Approved: May 31, 2021]
AN ACT relating to education; revising provisions relating to the Education Gift Fund; revising the sources of revenue for the State Education Fund; revising the method for determining the amount of and distributing money to support the operation of the public schools in this State; revising the method for providing additional money to support pupils with disabilities; transferring responsibility for apportioning money relating to the National School Lunch Program from the Superintendent of Public Instruction to the Director of the State Department of Agriculture; eliminating requirements for the Department of Education to prepare and submit certain reports; eliminating certain accounts; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law declares that the proper objective of state financial aid to public education is to ensure each Nevada child a reasonably equal educational opportunity and, beginning with the 2021-2023 biennium, replaces the Nevada Plan with the Pupil-Centered Funding Plan as the formula for distribution of state financial aid to the public schools in this State to accomplish that objective. (NRS 387.121) Existing law creates the State Education Fund for the purpose of supporting the operation of the public schools in this State and identifies the sources of revenue for the Fund. (NRS 387.1212) Sections 2, 31, 32, 33 and 34 of this bill include the proceeds of certain additional sources of revenue in the State Education Fund. Section 2 additionally: (1) excludes the interest and income earned on the direct legislative appropriation to the State Education Fund from being credited to the Fund; and (2) eliminates the authorization for the Superintendent of Public Instruction to create one or more accounts in the Fund as necessary to segregate money required to be administered separately by federal law. Section 14 of this bill makes conforming changes relating to the elimination of the authority of the Superintendent of Public Instruction to create such accounts.
Existing law establishes the Education Stabilization Account and authorizes the Interim Finance Committee to direct the State Controller to transfer money from the Education Stabilization Account to the State Education Fund if the Committee finds that the collection of revenue in any fiscal year will result in the State Education Fund receiving 97 percent or less of the money authorized for expenditure from the State Education Fund. (NRS 387.1213) Section 3 of this bill: (1) additionally allows the Department of Education to submit a request to the Interim Finance Committee to approve a transfer from the Education Stabilization Account to the State Education Fund if the actual enrollment growth exceeds the projected enrollment growth by an amount that makes such a transfer necessary; and (2) requires the transfer, up to the maximum amount established by existing law, of any remaining balance in the State Education Fund to the Education Stabilization Account at the end of each biennium, rather than at the end of each fiscal year.
κ2021 Statutes of Nevada, Page 1100 (CHAPTER 238, SB 439)κ
the maximum amount established by existing law, of any remaining balance in the State Education Fund to the Education Stabilization Account at the end of each biennium, rather than at the end of each fiscal year.
Existing law requires the Legislature to appropriate money from the State Education Fund, less the money in the Education Stabilization Account, to fund, in an amount determined sufficient by the Legislature: (1) the operation of the State Board of Education, the Superintendent of Public Instruction and the Department of Education; (2) the food service, transportation and similar services of the school districts; (3) the operation of each school district for all pupils generally through adjusted base per pupil funding for each pupil enrolled in the school district; (4) the operation of each charter school and university school for profoundly gifted pupils for all pupils generally through a statewide base per pupil funding amount for each pupil enrolled in such a school, with an adjustment for certain schools; and (5) the additional educational needs of English learners, at-risk pupils, pupils with disabilities and gifted and talented pupils through additional weighted funding for each such pupil. (NRS 387.1214) Section 4 eliminates the requirement to fund the operation of the State Board of Education, the Superintendent of Public Instruction and the Department of Education from the State Education Fund. Section 4 also eliminates the requirement to provide funding for the additional educational needs of pupils with disabilities through additional weighted funding for each such pupil from the State Education Fund. Sections 4, 6, 8, 13, 22, 23 and 36 of this bill instead require the establishment of a statewide multiplier for the support of pupils with disabilities in a manner generally consistent with the Nevada Plan and funded using the Account for Special Education Services in the State General Fund. Sections 7, 10 and 11 of this bill make conforming changes to reflect the elimination of the requirement to fund the operation of the State Board of Education, the Superintendent of Public Instruction and the Department of Education from the State Education Fund.
Existing law establishes certain factors which are applied to the statewide base per pupil funding amount to create the adjusted base per pupil funding for each school district and certain charter schools and university schools for profoundly gifted pupils. (NRS 387.1215-387.1218) Section 39 of this bill repeals the adjustment for each necessarily small school in a school district. Section 5 of this bill revises the adjustment for small school districts to instead be an adjustment for the increased cost per pupil to a school district to operate public schools in which relatively fewer pupils are enrolled. Sections 13 and 15 of this bill make conforming changes to reflect the changes to the adjustment factors.
Existing law requires any amount by which the actual ending fund balance of a county school district fund exceeds 16.6 percent of the total actual expenditures for the fund to be transferred to the Education Stabilization Account. (NRS 387.1213) If a county school district fund exceeded 16.6 percent of the total budgeted expenditures for the fund for the fiscal year which ended on June 30, 2020, existing law allows a school district to maintain not more than such an excess in succeeding fiscal years until the school district has an ending fund balance of 16.6 percent or less. (Section 77 of Senate Bill No. 543, chapter 624, Statutes of Nevada 2019, at page 4252) Section 3 of this bill revises this requirement to apply to an excess of the total budgeted expenditures for a county school district fund rather than the total actual expenditures.
Existing law authorizes the State Board of Education to accept gifts of money and requires such gifts to be deposited in the Education Gift Fund. (NRS 385.083) Section 1 of this bill requires the interest and income earned on the money in the Education Gift Fund to be credited to the Fund and requires the balance in the Fund at the end of a fiscal year to be carried forward to the next fiscal year.
Existing law requires the Superintendent of Public Instruction to apportion certain money designated for the National School Lunch Program to those school districts that participate in the Program. (NRS 387.124) Section 9 of this bill transfers that duty to the Director of the State Department of Agriculture. Sections 10, 12, 17, 24 and 26 of this bill make conforming changes relating to this transfer.
κ2021 Statutes of Nevada, Page 1101 (CHAPTER 238, SB 439)κ
Existing law establishes certain reporting requirements for the Department of Education and for each school district and public school relating to educational expenditures. (NRS 387.12468) Section 16 of this bill: (1) eliminates such requirements for the Department of Education; and (2) requires such a report by a public school to be posted on an appropriate Internet website.
Existing law requires the Department of Education, in consultation with the Budget Division of the Office of Finance and the Fiscal Analysis Division of the Legislative Counsel Bureau, to establish a recommended minimum expenditure on textbooks, instructional supplies, instructional software and instructional hardware for public schools. (NRS 387.206) Section 18 of this bill revises provisions relating to the timing of such recommendations. Section 19 of this bill requires a certain report published by the Department relating to such expenditures to be published on the Internet website maintained by the Department.
Existing law establishes certain requirements relating to the submission of budgets and expenditures by school districts. (NRS 387.303) Section 20 of this bill transfers responsibility to prescribe the format for a compilation of reports of such information from the Director of the Department of Administration to the Director of the Office of Finance. Section 20 additionally eliminates the authority of the Superintendent of Public Instruction to make certain adjustments when preparing the biennial budget request for the State Education Fund.
Existing law excludes a budgeted ending fund balance of not more than 16.6 percent of the total budgeted expenditures for a county school district fund from being considered for collective bargaining purposes. (NRS 354.6241) Section 32.5 of this bill reduces the portion of a budgeted ending fund balance of a county school district fund which is not subject to collective bargaining from 16.6 percent to 12 percent.
Existing law establishes certain accounts relating to education, including the Educational Trust Account, the Bullying Prevention Account, the Account for Instruction in Financial Literacy, the Account for Computer Education and Technology, the Grant Fund for Incentives for Licensed Educational Personnel and the Great Teaching and Leading Fund. (NRS 120A.610, 388.1325, 388.895, 391.369, 391A.400, 391A.500) Sections 31 and 39 of this bill eliminate these accounts. Sections 21, 25 and 27-30 of this bill make conforming changes relating to the elimination of such accounts. Section 38 of this bill provides for the reversion or transfer of money in such accounts that has not been committed for expenditure before July 1, 2021.
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 385.083 is hereby amended to read as follows:
385.083 Except as otherwise provided in NRS 385.091:
1. All gifts of money which the State Board is authorized to accept must be deposited in a special revenue fund in the State Treasury designated as the Education Gift Fund and reported pursuant to subsection 4. The interest and income earned on the sum of the money in the Education Gift Fund must be credited to the Fund. Any money remaining in the Education Gift Fund at the end of the fiscal year must be carried forward to the next fiscal year.
2. The money available in the Education Gift Fund must be used only for the purpose specified by the donor, within the scope of the State Boards powers and duties.
3. If all or part of the money accepted by the State Board from a donor is not expended before the end of any fiscal year, the remaining balance of the amount donated must remain in the Education Gift Fund until needed for the purpose specified by the donor.
κ2021 Statutes of Nevada, Page 1102 (CHAPTER 238, SB 439)κ
balance of the amount donated must remain in the Education Gift Fund until needed for the purpose specified by the donor.
4. Except as otherwise provided in subsection 5, the State Board shall record each gift of money deposited in the Education Gift Fund pursuant to this section and prepare a report which includes, for each such gift:
(a) The amount of the gift;
(b) Except as otherwise provided in subsection 6, the name of the donor of the gift;
(c) Any instructions provided by the donor concerning the use of the gift; and
(d) Information concerning any connection between the donor and the State Board or the administration of the system of public education in this State, including, without limitation:
(1) Any contract between the donor and the State Board;
(2) Any contract between the donor and the State Public Charter School Authority;
(3) Any bid by the donor for a contract with the State Board;
(4) Any bid by the donor for a contract with the State Public Charter School Authority;
(5) If the donor is a lobbyist as defined in NRS 218H.080, a statement of whether the donor lobbies on issues of interest to the State Board or relating to the system of public education in this State; and
(6) Any service by the donor on a committee to form a charter school created pursuant to NRS 388A.240.
5. This section does not apply to any gift of money:
(a) In an amount less than $100,000, unless the cumulative total by the same donor within a 12-month period is equal to or more than $100,000; or
(b) That is intended for a public broadcasting service.
6. A donor may remain anonymous for purposes of the report prepared pursuant to subsection 4, unless the donor is required to provide information pursuant to paragraph (d) of subsection 4.
7. The State Board may submit a form to each donor that requires the donor to provide the information required for inclusion in the report prepared pursuant to subsection 4. If the State Board uses such a form, the State Board may rely upon the information provided by the donor on the form for purposes of the report required of the State Board pursuant to subsection 4 and the State Board is not otherwise required to verify the contents of the information provided by the donor on the form.
8. The State Board shall include the report prepared pursuant to subsection 4 on the agenda of the next regular meeting of the State Board held pursuant to NRS 385.040 and review all transactions involving a gift listed on the report that have taken place since the previous meeting of the State Board.
9. On or before February 1 of each year, the State Board shall transmit each report prepared pursuant to subsection 4 in the immediately preceding year:
(a) In odd-numbered years, to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature; and
(b) In even-numbered years, to the Legislative Committee on Education.
Sec. 2. NRS 387.1212 is hereby amended to read as follows:
387.1212 1. The State Education Fund is hereby created as a special revenue fund to be administered by the Superintendent of Public Instruction for the purpose of supporting the operation of the public schools in this State.
κ2021 Statutes of Nevada, Page 1103 (CHAPTER 238, SB 439)κ
for the purpose of supporting the operation of the public schools in this State. The interest and income earned on the money in the Fund, excluding the direct legislative appropriation from the State General Fund required by subsection 3, must, after deducting any applicable charges, [must] be credited to the Fund.
2. Money which must be deposited for credit to the State Education Fund includes, without limitation:
(a) All money derived from interest on the State Permanent School Fund, as provided in NRS 387.030;
(b) The proceeds of the tax imposed pursuant to NRS 244.33561 and any applicable penalty or interest, less any amount retained by the county treasurer for the actual cost of collecting and administering the tax;
(c) The proceeds of the tax imposed pursuant to subsection 1 of NRS 387.195;
(d) The money identified in subsection 8 of NRS 120A.610;
(e) The portion of the money in each special account created pursuant to subsection 1 of NRS 179.1187 which is identified in paragraph (d) of subsection 2 of NRS 179.1187;
[(e)] (f) The money identified in paragraph (d) of subsection 6 of NRS 278C.250;
(g) The money identified in subsection 1 of NRS 328.450;
[(f)] (h) The money identified in subsection 1 of NRS 328.460;
[(g)] (i) The money identified in paragraph (a) of subsection 2 of NRS 360.850;
[(h)] (j) The money identified in paragraph (a) of subsection 2 of NRS 360.855;
[(i)] (k) The money required to be paid over to the State Treasurer for deposit to the credit of the State Education Fund pursuant to subsection 4 of NRS 362.170;
[(j)] (l) The portion of the proceeds of the tax imposed pursuant to subsection 1 of NRS 372A.290 identified in paragraph (b) of subsection 4 of NRS 372A.290;
[(k)] (m) The proceeds of the tax imposed pursuant to subsection 3 of NRS 372A.290;
[(l)] (n) The proceeds of the fees, taxes, interest and penalties imposed pursuant to chapter 374 of NRS, as transferred pursuant to subsection 3 of NRS 374.785;
[(m)] (o) The money identified in subsection 5 of NRS 445B.640;
(p) The money identified in paragraph (b) of subsection 3 of NRS 678B.390;
[(n)] (q) The portion of the proceeds of the excise tax imposed pursuant to subsection 1 of NRS 463.385 identified in paragraph (c) of subsection 5 of NRS 463.385;
[(o)] (r) The money required to be distributed to the State Education Fund pursuant to subsection 3 of NRS 482.181;
[(p)] (s) The portion of the proceeds of the fee imposed pursuant to NRS 488.075 identified in subsection 2 of NRS 488.075;
(t) The portion of the net profits of the grantee of a franchise, right or privilege identified in NRS 709.110;
[(q)] (u) The portion of the net profits of the grantee of a franchise identified in NRS 709.230;
κ2021 Statutes of Nevada, Page 1104 (CHAPTER 238, SB 439)κ
[(r)] (v) The portion of the net profits of the grantee of a franchise identified in NRS 709.270; and
[(s)] (w) The direct legislative appropriation from the State General Fund required by subsection 3.
3. In addition to money from any other source provided by law, support for the State Education Fund must be provided by direct legislative appropriation from the State General Fund in an amount determined by the Legislature to be sufficient to fund the operation of the public schools in this State for kindergarten through grade 12 for the next ensuing biennium for the population reasonably estimated for that biennium. Money in the State Education Fund does not revert to the State General Fund at the end of a fiscal year, and the balance in the State Education Fund must be carried forward to the next fiscal year.
4. Money in the Fund must be paid out on claims as other claims against the State are paid.
[5. The Superintendent of Public Instruction may create one or more accounts in the State Education Fund for the purpose of administering any money received from the Federal Government for the support of education and any State money required to be administered separately to satisfy any requirement imposed by the Federal Government. The money in any such account must not be considered when calculating the statewide base per pupil funding amount or appropriating money from the State Education Fund pursuant to NRS 387.1214. The interest and income earned on the money in any such account, after deducting any applicable charges, must be credited to the account.]
Sec. 3. NRS 387.1213 is hereby amended to read as follows:
387.1213 1. The Education Stabilization Account is hereby created in the State Education Fund. Except as otherwise provided in subsections 3 and 4, each year after the close of the previous fiscal year and before the issuance of the State Controllers annual report, each county school district shall transfer from the county school district fund to the Education Stabilization Account any amount by which the [actual] budgeted ending fund balance of the county school district fund exceeds 16.6 percent of the total [actual] budgeted expenditures for the fund. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.
2. Money transferred pursuant to subsection 1 to the Education Stabilization Account is a continuing appropriation solely for the purpose of authorizing the expenditure of the transferred money for the purposes set forth in this section.
3. The balance in the Education Stabilization Account must not exceed 15 percent of the total of all appropriations and authorizations from the State Education Fund, excluding the Education Stabilization Account , [or any account created pursuant to subsection 5 of NRS 387.1212,] for the immediately preceding fiscal year. Any money transferred to the Education Stabilization Account which exceeds this amount must instead be transferred to the State Education Fund.
4. If the Interim Finance Committee finds that [the] :
(a) Upon submission of a request from the Department, the actual enrollment growth for a fiscal year exceeds the projected enrollment growth by an amount that the Interim Finance Committee determines would make a transfer of money to the State Education Fund necessary to fund the excess enrollment; or
κ2021 Statutes of Nevada, Page 1105 (CHAPTER 238, SB 439)κ
determines would make a transfer of money to the State Education Fund necessary to fund the excess enrollment; or
(b) The collection of revenue in any fiscal year will result in the State Education Fund receiving 97 percent or less of the money authorized for expenditure from the State Education Fund,
Κ the Committee shall by resolution establish an amount of money to transfer from the Education Stabilization Account to the State Education Fund and direct the State Controller to transfer that amount to the State Education Fund. The State Controller shall thereupon make the transfer.
5. The balance remaining in the State Education Fund, excluding the balance remaining in the Education Stabilization Account , [or any account created pursuant to subsection 5 of NRS 387.1212,] that has not been committed for expenditure on or before June 30 of [each] an odd-numbered fiscal year must be transferred to the Education Stabilization Account to the extent that such a transfer would not cause the balance in the Education Stabilization Account to exceed the limit established in subsection 3.
Sec. 4. NRS 387.1214 is hereby amended to read as follows:
387.1214 1. After a direct legislative appropriation is made to the State Education Fund from the State General Fund pursuant to NRS 387.1212, the Legislature shall determine the statewide base per pupil funding amount for each fiscal year of the biennium, which is the amount of money expressed on a per pupil basis for the projected enrollment of the public schools in this State, determined to be sufficient by the Legislature to fund the costs of all public schools in this State to operate and provide general education to all pupils for any purpose for which specific funding is not appropriated pursuant to paragraph [(a), (b)] (a) or [(e)] (d) of subsection 2 [.] or NRS 387.122. It is the intent of the Legislature that the statewide base per pupil funding amount for any fiscal year, to the extent practicable, be not less than the statewide base per pupil funding amount for the immediately preceding fiscal year, adjusted by inflation, unless the amount of money contained in the State Education Fund, excluding the Education Stabilization Account , [or any account created pursuant to subsection 5 of NRS 387.1212,] decreases from the preceding fiscal year. If the amount of money contained in the State Education Fund, excluding the Education Stabilization Account , [or any account created pursuant to subsection 5 of NRS 387.1212,] decreases from the preceding fiscal year, it is the intent of the Legislature that a proportional reduction be made in both the statewide base per pupil funding amount and the weighted funding appropriated pursuant to paragraph [(e)] (d) of subsection 2.
2. After a direct legislative appropriation is made to the State Education Fund from the State General Fund pursuant to NRS 387.1212, the money in the State Education Fund, excluding any amount of money in the Education Stabilization Account , [or in any account established pursuant to subsection 5 of NRS 387.1212,] must be appropriated as established by law for each fiscal year of the biennium for the following purposes:
(a) [To the Department, an amount of money determined to be sufficient by the Legislature, when combined with any other resources available for this purpose, to fund the operation of the State Board, the Superintendent of Public Instruction and the Department, including, without limitation, the statewide administration and oversight of the public schools and any educational programs administered by this State.
κ2021 Statutes of Nevada, Page 1106 (CHAPTER 238, SB 439)κ
(b)] To each school district, an amount of money determined to be sufficient by the Legislature, when combined with any other resources available for this purpose, to provide food services and transportation for pupils and any other similar service that the Legislature deems appropriate.
[(c)] (b) To each school district, an amount of money determined to be sufficient by the Legislature, when combined with any other resources available for this purpose, to provide adjusted base per pupil funding for each pupil estimated to be enrolled in the school district.
[(d)] (c) To each charter school or university school for profoundly gifted pupils, an amount of money determined to be sufficient by the Legislature, when combined with any other resources available for this purpose, to provide:
(1) The statewide base per pupil funding amount for each pupil estimated to be enrolled full-time in a program of distance education provided by the charter school or university school for profoundly gifted pupils; and
(2) Adjusted base per pupil funding for each pupil estimated to be enrolled in the charter school or university school for profoundly gifted pupils other than a pupil identified in subparagraph (1).
[(e)] (d) To each school district, charter school or university school for profoundly gifted pupils, an amount of money determined to be sufficient by the Legislature, when combined with any other resources available for this purpose, to provide additional weighted funding for each pupil estimated to be enrolled in the school district, charter school or university school for profoundly gifted pupils who is:
(1) An English learner;
(2) An at-risk pupil; or
(3) [A pupil with a disability; or
(4)] A gifted and talented pupil.
3. The adjusted base per pupil funding appropriated pursuant to paragraph [(c)] (b) of subsection 2 for each school district must be determined by applying the cost adjustment factor established pursuant to NRS 387.1215 which applies to the school district [, the adjustment for necessarily small schools established pursuant to NRS 387.1216 which applies to the school district] and the [small] district equity adjustment established pursuant to NRS 387.1218 which applies to the school district to the statewide base per pupil funding amount.
4. The adjusted base per pupil funding appropriated pursuant to subparagraph (2) of paragraph [(d)] (c) of subsection 2 for each charter school or university school for profoundly gifted pupils must be determined by applying the cost adjustment factor established pursuant to NRS 387.1215 which applies to the charter school or university school to the statewide base per pupil funding amount.
5. The weighted funding appropriated pursuant to paragraph [(e)] (d) of subsection 2 must be established separately for each category of pupils identified in that paragraph and expressed as a multiplier to be applied to the statewide base per pupil funding amount determined pursuant to subsection 1. A pupil who belongs to more than one category of pupils or for whom a school district, charter school or university school for profoundly gifted pupils is eligible to receive the statewide multiplier pursuant to NRS 387.122 must receive only the weighted funding for the single category to which the pupil belongs which has the largest multiplier [.]
κ2021 Statutes of Nevada, Page 1107 (CHAPTER 238, SB 439)κ
which the pupil belongs which has the largest multiplier [.] or the statewide multiplier, whichever is larger. It is the intent of the Legislature that, to the extent practicable:
(a) The multiplier for each category of pupils for any fiscal year be not less than the multiplier for the immediately preceding fiscal year unless:
(1) The amount of money contained in the State Education Fund, excluding the Education Stabilization Account , [or any account created pursuant to subsection 5 of NRS 387.1212,] decreases from the preceding fiscal year, in which event it is the intent of the Legislature that a proportional reduction be made in both the statewide base per pupil funding amount and the weighted funding appropriated pursuant to paragraph [(e)] (d) of subsection 2; or
(2) The amount of money contained in the State Education Fund, excluding the Education Stabilization Account , [or any account created pursuant to subsection 5 of NRS 387.1212,] increases from the preceding fiscal year but in an amount which, after funding the appropriations required by paragraphs (a) [to (d), inclusive,] , (b) and (c) of subsection 2, is insufficient to fund the multiplier for each category of pupils, in which event it is the intent of the Legislature that the remaining money in the State Education Fund be used to provide a multiplier for each category of pupils which is as close as practicable to the multiplier for the preceding fiscal year;
(b) The recommendations of the Commission for the multiplier for each category of pupils be considered and the multiplier for one category of pupils may be changed by an amount that is not proportional to the change in the multiplier for one or more other categories of pupils if the Legislature determines that a disproportionate need to serve the pupils in the affected category exists; and
(c) If the multipliers for all categories of pupils in a fiscal year are increased from the multipliers in the immediately preceding fiscal year, a proportional increase is considered for the statewide base per pupil funding amount.
6. For any money identified in subsection 4 of NRS 362.170 which is deposited to the credit of the State Education Fund:
(a) The amount of such money for the county from which the money was collected that does not exceed the total amount of money appropriated pursuant to subsection 2 to the county school district is deemed to be the first money appropriated pursuant to subsection 2 for that county school district.
(b) The amount of such money for the county from which the money was collected which exceeds the total amount of money appropriated pursuant to subsection 2 to the county school district must be transferred to the county school district and is hereby authorized for expenditure as a continuing appropriation for the purpose of mitigating the adverse effects of the cyclical nature of the industry of extracting and processing minerals on the ability of the county school district to offer its pupils a reasonably equal educational opportunity.
7. The weighted funding appropriated pursuant to paragraph [(e)] (d) of subsection 2:
(a) May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district or the governing body of a charter school and the school district or governing body or to settle any negotiations; and
κ2021 Statutes of Nevada, Page 1108 (CHAPTER 238, SB 439)κ
(b) May not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.
Sec. 5. NRS 387.1218 is hereby amended to read as follows:
387.1218 1. To account for the increased cost per pupil to a school district to operate [a school district] public schools in which relatively fewer pupils are enrolled, the Department shall establish by regulation a [small] district equity adjustment.
2. Not later than May 1 of each even-numbered year, the Department shall review and determine whether revisions are necessary to the method for calculating the [small] district equity adjustment. The Department shall present the review and any revisions at a meeting of the Legislative Committee on Education for consideration and recommendations by the Committee. After the meeting, the Department shall consider any recommendations of the Legislative Committee on Education, determine whether to include those recommendations and adopt by regulation any revision to the method. The Department shall submit any revision to the method to each school district, the Governor and the Director of the Legislative Counsel Bureau.
Sec. 6. NRS 387.122 is hereby amended to read as follows:
387.122 1. [For making the apportionments of the State Distributive School Account in the State General Fund required by the provisions of this title, the basic support guarantee per pupil for each school district is established by law for each school year. The formula for calculating the basic support guarantee may be expressed as an estimated weighted average per pupil, based on the total expenditures for public education in the immediately preceding even-numbered fiscal year, plus any legislative appropriations for the immediately succeeding biennium, minus those local funds not guaranteed by the State pursuant to NRS 387.163.
2. The estimated weighted average per pupil for the State must be calculated as a basic support guarantee for each school district through an equity allocation model that incorporates:
(a) Factors relating to wealth in the school district;
(b) Salary costs;
(c) Transportation; and
(d) Any other factor determined by the Superintendent of Public Instruction after consultation with the school districts and the State Public Charter School Authority.
3. The basic] In addition to the support provided from the State Education Fund pursuant to NRS 387.1214, the support [guarantee per pupil] provided for the public schools of this State must include a statewide multiplier for pupils with disabilities. Except as otherwise provided in this section, the funding provided to each school district and charter school through the statewide multiplier for pupils with disabilities is limited to the actual number of pupils with disabilities enrolled in the school district or charter school, not to exceed 13 percent of total pupil enrollment for the school district or charter school.
[4.] 2. Except as otherwise provided in this subsection, if a school district or charter school has reported an enrollment of pupils with disabilities equal to more than 13 percent of total pupil enrollment, the school district or charter school must receive, for each such additional pupil, an amount of money equal to one-half of the statewide multiplier then in effect for pupils with disabilities. An apportionment made to a school district or charter school pursuant to this subsection is subject to change from year to year in accordance with the number of pupils with disabilities enrolled in the school district or charter school.
κ2021 Statutes of Nevada, Page 1109 (CHAPTER 238, SB 439)κ
or charter school pursuant to this subsection is subject to change from year to year in accordance with the number of pupils with disabilities enrolled in the school district or charter school. If the money available for apportionment pursuant to this subsection is insufficient to make the apportionment otherwise required by this subsection, the Superintendent of Public Instruction shall proportionately reduce the amount so apportioned to each school district and charter school. The Department shall account separately for any money apportioned pursuant to this subsection.
[5. Not later than May 1 of each even-numbered year, the Superintendent of Public Instruction shall review and, if necessary, revise the factors used for the equity allocation model adopted for the previous biennium and present the review and any revisions at a meeting of the Legislative Committee on Education for consideration and recommendations by the Committee. After the meeting, the Superintendent of Public Instruction shall consider any recommendations of the Legislative Committee on Education and determine whether to include those recommendations in the equity allocation model. Not earlier than July 1 of each even-numbered year, the Superintendent of Public Instruction shall adopt the equity allocation model. The Superintendent of Public Instruction shall submit the equity allocation model to the:
(a) Governor for inclusion in the proposed executive budget.
(b) Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature.
6. The Department shall make available updated information regarding the equity allocation model on the Internet website maintained by the Department.]
Sec. 7. NRS 387.1223 is hereby amended to read as follows:
387.1223 1. On or before October 1, January 1, April 1 and July 1, each school district shall report to the Department, in the form prescribed by the Department, the average daily enrollment of pupils pursuant to this section for the immediately preceding quarter of the school year. If October 1, January 1, April 1 or July 1 falls on a Saturday, Sunday or legal holiday, the report may be submitted before 5 p.m. on the next business day.
2. Except as otherwise provided in subsection 3, the yearly apportionment from the State Education Fund for each school district must be computed by:
(a) Multiplying the adjusted base per pupil funding established for that school district for that school year by the sum of:
(1) The count of pupils enrolled in kindergarten and grades 1 to 12, inclusive, in a public school in the school district based on the average daily enrollment of those pupils during the quarter.
(2) The count of pupils not included under subparagraph (1) who are enrolled full-time in a program of distance education provided by that school district, based on the average daily enrollment of those pupils during the quarter.
(3) The count of pupils who reside in the county and are enrolled:
(I) In a public school of the school district and are concurrently enrolled part-time in a program of distance education provided by another school district or a charter school, based on the average daily enrollment of those pupils during the quarter.
κ2021 Statutes of Nevada, Page 1110 (CHAPTER 238, SB 439)κ
(II) In a charter school and are concurrently enrolled part-time in a program of distance education provided by the school district, based on the average daily enrollment of those pupils during the quarter.
(4) The count of pupils not included under subparagraph (1), (2) or (3), who are receiving special education pursuant to the provisions of NRS 388.417 to 388.469, inclusive, and 388.5251 to 388.5267, inclusive, based on the average daily enrollment of those pupils during the quarter and excluding the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to NRS 388.435.
(5) Six-tenths the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to NRS 388.435, based on the average daily enrollment of those pupils during the quarter.
(6) The count of children detained in facilities for the detention of children, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570, based on the average daily enrollment of those pupils during the quarter.
(7) The count of pupils who are enrolled in classes for at least one semester pursuant to subsection 1 of NRS 388A.471, subsection 1 of NRS 388A.474 or subsection 1 of NRS 392.074, based on the average daily enrollment of pupils during the quarter and expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (1).
(8) The count of pupils enrolled in a challenge school based on the average daily enrollment of those pupils calculated in the manner set forth in an agreement entered into pursuant to NRS 388D.330.
(b) Adding to the amount computed in paragraph (a) the amounts appropriated pursuant to paragraphs [(b)] (a) and [(e)] (d) of subsection 2 of NRS 387.1214.
3. Except as otherwise provided in subsection 4, if the enrollment of pupils in a school district or a charter school that is located within the school district based on the average daily enrollment of pupils during the quarter of the school year is less than or equal to 95 percent of the enrollment of pupils in the same school district or charter school based on the average daily enrollment of pupils during the same quarter of the immediately preceding school year, the enrollment of pupils during the same quarter of the immediately preceding school year must be used for purposes of making the monthly apportionments from the State Education Fund to that school district or charter school pursuant to NRS 387.124.
4. If the Department determines that a school district or charter school deliberately causes a decline in the enrollment of pupils in the school district or charter school to receive a higher apportionment pursuant to subsection 3, including, without limitation, by eliminating grades or moving into smaller facilities, the enrollment number from the current school year must be used for purposes of apportioning money from the State Education Fund to that school district or charter school pursuant to NRS 387.124.
5. The Department shall prescribe a process for reconciling the quarterly reports submitted pursuant to subsection 1 to account for pupils who leave the school district or a public school during the school year.
6. Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees must be credited with attendance during that period.
κ2021 Statutes of Nevada, Page 1111 (CHAPTER 238, SB 439)κ
7. Pupils who are incarcerated in a facility or institution operated by the Department of Corrections must not be counted for the purpose of computing the yearly apportionment pursuant to this section. The average daily attendance for such pupils must be reported to the Department of Education.
8. Pupils who are enrolled in courses which are approved by the Department as meeting the requirements for an adult to earn a high school diploma must not be counted for the purpose of computing the yearly apportionment pursuant to this section.
Sec. 8. NRS 387.1225 is hereby amended to read as follows:
387.1225 1. A hospital or other facility which is licensed by the Division of Public and Behavioral Health of the Department of Health and Human Services that provides residential treatment to children and which operates a private school licensed pursuant to chapter 394 of NRS may request reimbursement from the Department for the cost of providing educational services to a child who:
(a) The Department verifies is a patient or resident of the hospital or facility; and
(b) Attends the private school for more than 7 school days.
2. A hospital or other facility licensed in the District of Columbia or any state or territory of the United States that provides residential treatment and which operates an educational program accredited by a national organization and approved by the Department of Education may request reimbursement from the Department for the cost of providing educational services to a child who:
(a) The Department verifies:
(1) Is a patient or resident of the hospital or facility; and
(2) Is a resident of this State;
(b) Is admitted to the hospital or facility on an order from a physician because the necessary treatment required for the child is not available in this State;
(c) Attends the accredited educational program for more than 7 school days;
(d) Is not homeschooled or enrolled in a private school; and
(e) Has been admitted to the medical facility under the order of a physician to receive medically necessary treatment for a medical or mental health condition with which the child has been diagnosed.
3. A hospital or other facility that wishes to receive reimbursement pursuant to subsection 2 shall:
(a) Notify the school district or charter school in which the child is enrolled upon admitting the child to the accredited educational program; and
(b) Transfer any educational records of the child to the school district or charter school in which the child is enrolled in accordance with any applicable regulations adopted pursuant to subsection 9.
4. Upon receiving a request for reimbursement pursuant to subsection 1 or 2, the Department shall determine the amount of reimbursement to which the hospital or facility is entitled as a percentage of the adjusted base per pupil funding for the school district which the child would otherwise attend or the statewide base per pupil funding amount for the charter school which the child would otherwise attend, as applicable.
5. If the request for reimbursement is made pursuant to subsection 1, the child is a pupil with a disability and the hospital or facility is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., NRS 388.417 to 388.5243, inclusive, and any regulations adopted pursuant thereto, the hospital or facility is also entitled to a corresponding percentage of [weighted funding] the statewide multiplier for the pupil established pursuant to NRS [387.1214,] 387.122, which is withheld from the school district or charter school where the child was enrolled before being placed in the hospital or facility.
κ2021 Statutes of Nevada, Page 1112 (CHAPTER 238, SB 439)κ
regulations adopted pursuant thereto, the hospital or facility is also entitled to a corresponding percentage of [weighted funding] the statewide multiplier for the pupil established pursuant to NRS [387.1214,] 387.122, which is withheld from the school district or charter school where the child was enrolled before being placed in the hospital or facility. The Department shall distribute the money withheld from the school district or charter school to the hospital or facility.
6. For the purposes of subsections 4 and 5, the amount of reimbursement to which the hospital or facility is entitled must be calculated on the basis of the number of school days the child is a patient or resident of the hospital or facility and attends the private school or accredited educational program, as applicable, excluding the 7 school days prescribed in paragraph (b) of subsection 1 or paragraph (c) of subsection 2, as applicable, in proportion to the number of days of instruction scheduled for that school year by the board of trustees of the school district or the charter school, as applicable.
7. A hospital or other facility is not entitled to reimbursement for days of instruction provided to a child in a year in excess of the minimum number of days of free school required by NRS 388.090.
8. If a hospital or other facility requests reimbursement from the Department for the cost of providing educational services to a pupil with a disability pursuant to subsection 1 or 2, the school district or charter school in which the child is enrolled shall be deemed to be the local educational agency for the child for the purposes of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., NRS 388.417 to 388.5243, inclusive, and any regulations adopted pursuant thereto.
9. The Department shall adopt any regulations necessary to carry out the provisions of this section, which may include, without limitation, regulations to:
(a) Prescribe a procedure for the transfer of educational records pursuant to subsection 3;
(b) Carry out or ensure compliance with the requirements of subsections 4 and 5 concerning reimbursement for educational services provided to a pupil with a disability; and
(c) Require the auditing of a hospital or other facility that requests reimbursement pursuant to this section to ensure compliance with any applicable provisions of federal or state law.
10. The provisions of this section must not be construed to authorize reimbursement pursuant to this section of a hospital or facility for the cost of health care services provided to a child.
11. As used in this section:
(a) Hospital has the meaning ascribed to it in NRS 449.012.
(b) Private school has the meaning ascribed to it in NRS 394.103.
Sec. 9. NRS 387.124 is hereby amended to read as follows:
387.124 Except as otherwise provided in this section and NRS 387.1241, 387.1242 and 387.528:
1. On or before the first day of each month, the Superintendent of Public Instruction shall apportion the State Education Fund among the several county school districts, charter schools and university schools for profoundly gifted pupils in amounts approximating one-twelfth of their respective yearly apportionments less any amount set aside as a reserve or contained in the Education Stabilization Account . [or an account created pursuant to subsection 5 of NRS 387.1212.] Except as otherwise provided in NRS 387.1244, the apportionment to a school district, computed on a yearly basis, equals the amounts established by law for each school year pursuant to paragraphs [(b), (c)] (a), (b) and [(e)] (d) of subsection 2 of NRS 387.1214 for all pupils who attend a public school operated by the school district located in the county.
κ2021 Statutes of Nevada, Page 1113 (CHAPTER 238, SB 439)κ
basis, equals the amounts established by law for each school year pursuant to paragraphs [(b), (c)] (a), (b) and [(e)] (d) of subsection 2 of NRS 387.1214 for all pupils who attend a public school operated by the school district located in the county.
2. Except as otherwise provided in NRS 387.1244, in addition to the apportionments made pursuant to this section, if a pupil is enrolled part-time in a program of distance education and part-time in a:
(a) Public school other than a charter school, an apportionment must be made to the school district in which the pupil resides. The school district in which the pupil resides shall allocate a percentage of the apportionment to the school district or charter school that provides the program of distance education in the amount set forth in the agreement entered into pursuant to NRS 388.854.
(b) Charter school, an apportionment must be made to the charter school in which the pupil is enrolled. The charter school in which the pupil is enrolled shall allocate a percentage of the apportionment to the school district or charter school that provides the program of distance education in the amount set forth in the agreement entered into pursuant to NRS 388.858.
3. The [Superintendent of Public Instruction] Director of the State Department of Agriculture shall apportion, on or before August 1 of each year, the money designated as the Nutrition State Match pursuant to NRS 387.105 to those school districts that participate in the National School Lunch Program, 42 U.S.C. §§ 1751 et seq. The apportionment to a school district must be directly related to the districts reimbursements for the Program as compared with the total amount of reimbursements for all school districts in this State that participate in the Program.
Sec. 10. NRS 387.1241 is hereby amended to read as follows:
387.1241 Except as otherwise provided in NRS 387.124, 387.1242, 387.1244 and 387.528:
1. The apportionment to a charter school, computed on a yearly basis, is equal to the amounts established by law for each school year pursuant to paragraphs (c) and (d) [and (e)] of subsection 2 of NRS 387.1214 for all pupils who attend the charter school, minus the sponsorship fee prescribed by NRS 388A.414 and minus all the funds attributable to pupils who are enrolled in the charter school but are concurrently enrolled part-time in a program of distance education provided by a school district or another charter school.
2. The governing body of a charter school may submit a written request to the Superintendent of Public Instruction to receive, in the first year of operation of the charter school, an apportionment 30 days before the apportionment is required to be made pursuant to subsections 1 and 2 of NRS 387.124. Upon receipt of such a request, the Superintendent of Public Instruction may make the apportionment 30 days before the apportionment is required to be made. A charter school may receive all 12 apportionments in advance in its first year of operation.
Sec. 11. NRS 387.1242 is hereby amended to read as follows:
387.1242 Except as otherwise provided in NRS 387.124, 387.1241, 387.1244 and 387.528:
1. The apportionment to a university school for profoundly gifted pupils, computed on a yearly basis, is equal to the amounts established by law for each school year pursuant to paragraphs (c) and (d) [and (e)] of subsection 2 of NRS 387.1214 for all pupils who attend the university school.
κ2021 Statutes of Nevada, Page 1114 (CHAPTER 238, SB 439)κ
2. The governing body of a university school for profoundly gifted pupils may submit a written request to the Superintendent of Public Instruction to receive, in the first year of operation of the university school, an apportionment 30 days before the apportionment is required to be made pursuant to subsection 1 of NRS 387.124. Upon receipt of such a request, the Superintendent of Public Instruction may make the apportionment 30 days before the apportionment is required to be made. A university school for profoundly gifted pupils may receive all 12 apportionments in advance in its first year of operation.
Sec. 12. NRS 387.1244 is hereby amended to read as follows:
387.1244 1. The Superintendent of Public Instruction may deduct from an apportionment otherwise payable to a school district, charter school or university school for profoundly gifted pupils pursuant to subsection 1 or 2 of NRS 387.124 if the school district, charter school or university school:
(a) Fails to repay an amount due pursuant to subsection 3 of NRS 387.1243. The amount of the deduction from the monthly apportionment must correspond to the amount due.
(b) Fails to repay an amount due the Department as a result of a determination that an expenditure was made which violates the terms of a grant administered by the Department. The amount of the deduction from the monthly apportionment must correspond to the amount due.
(c) Pays a claim determined to be unearned, illegal or unreasonably excessive as a result of an investigation conducted pursuant to NRS 387.3037. The amount of the deduction from the monthly apportionment must correspond to the amount of the claim which is determined to be unearned, illegal or unreasonably excessive.
Κ More than one deduction from an apportionment otherwise payable to a school district, charter school or university school for profoundly gifted pupils may be made pursuant to this subsection if grounds exist for each such deduction.
2. The Superintendent of Public Instruction may authorize the withholding of the entire amount of an apportionment otherwise payable to a school district, charter school or university school for profoundly gifted pupils pursuant to subsection 1 or 2 of NRS 387.124, or a portion thereof, if the school district, charter school or university school for profoundly gifted pupils fails to submit a report or other information that is required to be submitted to the Superintendent, State Board or Department pursuant to a statute. Before authorizing a withholding pursuant to this subsection, the Superintendent of Public Instruction shall provide notice to the school district, charter school or university school for profoundly gifted pupils of the report or other information that is due and provide the school district, charter school or university school with an opportunity to comply with the statute. Any amount withheld pursuant to this subsection must be accounted for separately in the State Education Fund and must be carried forward to the next fiscal year.
3. If, after an amount is withheld pursuant to subsection 2, the school district, charter school or university school for profoundly gifted pupils subsequently submits the report or other information required by a statute for which the withholding was made, the Superintendent of Public Instruction shall immediately authorize the payment of the amount withheld to the school district, charter school or university school for profoundly gifted pupils.
κ2021 Statutes of Nevada, Page 1115 (CHAPTER 238, SB 439)κ
4. A school district, charter school or university school for profoundly gifted pupils may appeal to the State Board a decision of the Superintendent of Public Instruction to deduct or withhold from an apportionment pursuant to this section. The Secretary of the State Board shall place the subject of the appeal on the agenda of the next meeting for consideration by the State Board.
Sec. 13. NRS 387.12445 is hereby amended to read as follows:
387.12445 1. Except as otherwise provided in subsection 2, each school district shall ensure that all adjusted base per pupil funding received by the school district pursuant to paragraph [(c)] (b) of subsection 2 of NRS 387.1214 is accounted for separately and, after a deduction for the administrative expenses of the school district in an amount which does not exceed the amount prescribed by the Department by regulation for each school district, be distributed and used as described in this subsection. [Any money received by a school district to support a necessarily small school, as determined pursuant to NRS 387.1216, must be distributed to such schools.] The adjusted base per pupil funding provided to each school district must:
(a) Be distributed by each school district to its public schools in a manner that ensures each pupil in the school district receives a reasonably equal educational opportunity.
(b) Be used to support the educational needs of all pupils in the school district, including, without limitation, operating each public school in the school district, training and supporting educational personnel and carrying out any program or service established by, or requirement imposed pursuant to, this title for any purpose for which specific funding is not appropriated pursuant to paragraph [(a), (b)] (a) or [(e)] (d) of subsection 2 of NRS 387.1214 [.] or NRS 387.122.
2. If a school district determines that an additional amount of money is necessary to satisfy requirements for maintenance of effort or any other requirement under federal law for pupils with disabilities enrolled in the school district, the school district may transfer the necessary amount of money from the adjusted base per pupil funding received by the school district for that purpose.
3. Each school district shall ensure that all weighted funding received by the school district pursuant to paragraph [(e)] (d) of subsection 2 of NRS 387.1214 is accounted for separately and distributed directly to each school in which the relevant pupils are estimated to be enrolled.
4. Each public school shall account separately for the adjusted base per pupil funding received by the public school pursuant to paragraph [(c)] (b) of subsection 2 of NRS 387.1214 , [and] for each category of weighted funding received by the public school pursuant to paragraph [(e)] (d) of subsection 2 of NRS 387.1214 [.] and for money received from the statewide multiplier pursuant to NRS 387.122. Unless the provisions of subsection 7 or 8 impose greater restrictions on the use of weighted funding by a public school, the public school must use the weighted funding received for each relevant pupil:
(a) As a supplement to the adjusted base per pupil funding received for the pupil; and
(b) Solely for the purpose of providing such additional educational programs, services or support as are necessary to ensure the pupil receives a reasonably equal educational opportunity.
κ2021 Statutes of Nevada, Page 1116 (CHAPTER 238, SB 439)κ
5. Except as otherwise provided in subsection 6, the separate accounting required by subsection 4 for pupils with disabilities and gifted and talented pupils must include:
(a) The amount of money provided to the public school for special education; and
(b) The cost of:
(1) Instruction provided by licensed special education teachers and supporting staff;
(2) Related services, including, without limitation, services provided by psychologists, therapists and health-related personnel;
(3) Transportation of the pupils with disabilities and gifted and talented pupils to and from school;
(4) The direct supervision of educational and supporting programs; and
(5) The supplies and equipment needed for providing special education.
6. Money received from federal sources must be accounted for separately and excluded from the accounting required pursuant to subsection 5.
7. A public school that receives weighted funding for one or more at-risk pupils must use that weighted funding only to provide Victory services and, if one or more at-risk pupils for whom the school received weighted funding in the at-risk pupil category also belong to one or more other categories of pupils who receive weighted funding, the additional services for each such at-risk pupil which are appropriate for each category to which the at-risk pupil belongs.
8. A public school that receives weighted funding for one or more pupils who are English learners must use that weighted funding only to provide Zoom services and, if one or more English learners for whom the school received weighted funding in the English learner category also belong to one or more other categories of pupils who receive weighted funding, the additional services for each such English learner which are appropriate for each category to which the English learner belongs.
9. The Department shall adopt regulations prescribing the maximum amount of money that each school district may deduct for its administrative expenses from the adjusted base per pupil funding received by the school district. When adopting such regulations, the Department may express the maximum amount of money that may be deducted as a percentage of the adjusted base per pupil funding received by the school district.
10. As used in this section:
(a) Victory services means any one or more of the following services:
(1) A prekindergarten program provided free of charge.
(2) A summer academy or other instruction for pupils provided free of charge at times during the year when school is not in session.
(3) Additional instruction or other learning opportunities provided free of charge at times of day when school is not in session.
(4) Professional development for teachers and other educational personnel concerning instructional practices and strategies that have proven to be an effective means to increase pupil achievement in populations of at-risk pupils.
(5) Incentives for hiring and retaining teachers and other licensed educational personnel who provide Victory services.
κ2021 Statutes of Nevada, Page 1117 (CHAPTER 238, SB 439)κ
(6) Employment of paraprofessionals, other educational personnel and other persons who provide Victory services.
(7) A reading skills center.
(8) Integrated student supports, wrap-around services and evidence-based programs designed to meet the needs of at-risk pupils.
(9) Any other service or program that has a demonstrated record of success for similarly situated pupils in comparable school districts and has been reviewed and approved as a Victory service by the Superintendent of Public Instruction.
(b) Zoom services means any one or more of the following services:
(1) A prekindergarten program provided free of charge.
(2) A reading skills center.
(3) Professional development for teachers and other licensed educational personnel regarding effective instructional practices and strategies for pupils who are English learners.
(4) Incentives for hiring and retaining teachers and other licensed educational personnel who provide Zoom services.
(5) Engagement and involvement with parents and families of pupils who are English learners, including, without limitation, increasing effective, culturally appropriate communication with and outreach to parents and families to support the academic achievement of those pupils.
(6) A summer academy or, for those schools that do not operate on a traditional school calendar, an intersession academy provided free of charge, including, without limitation, the provision of transportation to attend the summer academy or intersession academy.
(7) An extended school day.
(8) Any other service or program that has a demonstrated record of success for similarly situated pupils in comparable school districts and has been reviewed and approved as a Zoom service by the Superintendent of Public Instruction.
Sec. 14. NRS 387.12455 is hereby amended to read as follows:
387.12455 1. Except as otherwise provided in subsection 5, for the purpose of establishing budgetary estimates for expenditures and revenues for the State Education Fund as prescribed by the State Budget Act, the Governor shall, to the extent practicable, ensure that an amount of money in the State General Fund is reserved in the proposed executive budget for transfer to the State Education Fund which is sufficient to fully fund:
(a) If the Economic Forum projects that the revenue collected by the State for general, unrestricted uses will increase by a rate that is greater than the combined rate of inflation and the growth of enrollment in the public schools in this State in the immediately preceding biennium, an amount of money in the State General Fund for transfer to the State Education Fund for the subsequent biennium which is not less than the amount of money transferred to the State Education Fund from the State General Fund for the immediately preceding biennium increased by an amount not less than the rate of increase for the revenue collected by the State as projected by the Economic Forum.
(b) If the Economic Forum projects that the revenue collected by the State for general, unrestricted uses will increase by a rate that is not greater than the combined rate of inflation and the growth of enrollment in the public schools in this State in the immediately preceding biennium, an amount of money in the State General Fund for transfer to the State Education Fund for the subsequent biennium which is not less than the amount of money transferred to the State Education Fund from the State General Fund for the immediately preceding biennium increased by an amount not less than the combined rate of inflation and the growth of enrollment in the public schools in this State.
κ2021 Statutes of Nevada, Page 1118 (CHAPTER 238, SB 439)κ
transferred to the State Education Fund from the State General Fund for the immediately preceding biennium increased by an amount not less than the combined rate of inflation and the growth of enrollment in the public schools in this State.
(c) If the Economic Forum projects that the revenue collected by the State for general, unrestricted uses will decrease, an amount of money in the State General Fund for transfer to the State Education Fund for the subsequent biennium which is not less than the amount of money transferred to the State Education Fund from the State General Fund for the immediately preceding biennium decreased by an amount not greater than the rate of decrease for the revenue collected by the State as projected by the Economic Forum.
2. Except as otherwise provided in subsection 5, as part of the proposed executive budget, the Governor shall, to the extent practicable, include recommendations for:
(a) The statewide base per pupil funding amount, which must be equal to the statewide base per pupil funding amount for the immediately preceding biennium increased by an amount not less than the combined rate of inflation and the growth of enrollment in the public schools in this State unless the amount of money contained in the State Education Fund, excluding the Education Stabilization Account , [or any account created pursuant to subsection 5 of NRS 387.1212,] decreases from the immediately preceding biennium, in which event the Governor must recommend a proportional reduction to both the statewide base per pupil funding amount and the multiplier for each category of pupils pursuant to paragraph (b); and
(b) The multiplier for each category of pupils, which must not be less than the multiplier for the immediately preceding biennium unless:
(1) The amount of money contained in the State Education Fund, excluding the Education Stabilization Account , [or any account created pursuant to subsection 5 of NRS 387.1212,] decreases from the immediately preceding biennium, in which event the Governor must recommend a proportional reduction to both the statewide base per pupil funding amount pursuant to paragraph (a) and the multiplier for each category of pupils; or
(2) The amount of money contained in the State Education Fund, excluding the Education Stabilization Account , [or any account created pursuant to subsection 5 of NRS 387.1212,] increases from the preceding fiscal year but in an amount which, after recommending the statewide base per pupil funding amount pursuant to paragraph (a), is insufficient to fund the multiplier for each category of pupils, in which event the Governor must recommend the remaining money in the State Education Fund, excluding the Education Stabilization Account , [or any account created pursuant to subsection 5 of NRS 387.1212,] be used to provide a multiplier for each category of pupils which is as close as practicable to the multiplier for the preceding fiscal year.
3. When determining the amount of money to reserve for transfer from the State General Fund to the State Education Fund pursuant to subsection 1, the Governor shall consider the recommendations of the Commission, as revised by the Legislative Committee on Education, if applicable, for an optimal level of funding for education and may reserve an additional amount of money for transfer to the State Education Fund that the Governor determines to be sufficient to fund any recommendation or any portion of a recommendation that the Governor includes in the proposed executive budget.
κ2021 Statutes of Nevada, Page 1119 (CHAPTER 238, SB 439)κ
4. As part of the proposed executive budget, the Governor may recommend to the Legislature a revision to any appropriation made by law pursuant to NRS 387.1214, including, without limitation, the statewide base per pupil funding amount, the adjusted base per pupil funding for any school district, the multiplier for weighted funding for any category of pupils or the creation or elimination of a category of pupils to receive additional weighted funding. The Governor may recommend additional funding for any recommendation made pursuant to this subsection.
5. If the Governor determines that it would be impracticable to prepare the proposed executive budget as described in subsection 1 or 2, the Governor may instead include in the proposed executive budget a recommendation for such funding for the public schools in this State as he or she determines to be appropriate. If the Governor includes in the proposed executive budget recommendations pursuant to this subsection, the recommendations must be accompanied by such recommendations for legislation as the Governor determines to be appropriate to improve the method by which funding for the public schools in this State is determined.
6. As used in this section, rate of inflation means the percentage of increase or decrease in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the United States Department of Labor for the immediately preceding calendar year or, if that index ceases to be published by the United States Department of Labor, the published index that most closely resembles that index, as determined by the Governor.
Sec. 15. NRS 387.12463 is hereby amended to read as follows:
387.12463 1. The Commission shall:
(a) Provide guidance to school districts and the Department on the implementation of the Pupil-Centered Funding Plan.
(b) Monitor the implementation of the Pupil-Centered Funding Plan and make any recommendations to the Legislative Committee on Education that the Commission determines would, within the limits of appropriated funding, improve the implementation of the Pupil-Centered Funding Plan or correct any deficiencies of the Department or any school district or public school in carrying out the Pupil-Centered Funding Plan.
(c) Review the statewide base per pupil funding amount, the adjusted base per pupil funding for each school district and the multiplier for weighted funding for each category of pupils appropriated by law pursuant to NRS 387.1214 for each biennium and recommend any revisions the Commission determines to be appropriate to create an optimal level of funding for the public schools in this State, including, without limitation, by recommending the creation or elimination of one or more categories of pupils to receive additional weighted funding. If the Commission makes a recommendation pursuant to this paragraph which would require more money to implement than was appropriated from the State Education Fund in the immediately preceding biennium, the Commission shall also identify a method to fully fund the recommendation within 10 years after the date of the recommendation.
(d) Review the laws and regulations of this State relating to education, make recommendations to the Legislative Committee on Education for any revision of such laws and regulations that the Commission determines would improve the efficiency or effectiveness of public education in this State and notify each school district of each such recommendation.
(e) Review and recommend to the Department revisions of the cost adjustment factors for each county established pursuant to NRS 387.1215 [, the method for determining the adjustment for each necessarily small school established pursuant to NRS 387.1216] and the method for calculating the [small] district equity adjustment established pursuant to NRS 387.1218.
κ2021 Statutes of Nevada, Page 1120 (CHAPTER 238, SB 439)κ
the method for determining the adjustment for each necessarily small school established pursuant to NRS 387.1216] and the method for calculating the [small] district equity adjustment established pursuant to NRS 387.1218.
2. The Commission shall present any recommendations pursuant to paragraphs (a) to (d), inclusive, of subsection 1 at a meeting of the Legislative Committee on Education for consideration and revision by the Committee. The Legislative Committee on Education shall review each recommendation of the Commission and determine whether to transmit the recommendation or a revised version of the recommendation to the Governor or the Legislature.
Sec. 16. NRS 387.12468 is hereby amended to read as follows:
387.12468 1. [On or before February 1 of each odd-numbered year, the Department shall create a report that includes a description of the personnel and services that the Department reasonably believes an average elementary school, middle school and high school in this State could employ and provide using the amount of money for public education contained in the proposed executive budget submitted by the Governor to the Legislature pursuant to NRS 353.230 when combined with all other money expected to be available for public education and submit the report to the Commission for review. The Commission shall review the report and provide to the Department any recommendations for revision of the report that the Commission determines to be appropriate. The Department shall consider the recommendations of the Commission, submit a final report to the Director of the Legislative Counsel Bureau for transmission to the Legislature and post the final report on an Internet website maintained by the Department not later than March 1 of each odd-numbered year.
2. On or before July 1 of each year, the Department shall create a report that includes a description of the personnel and services that the Department reasonably believes an average elementary school, middle school and high school in this State could employ and provide using the amount of money for public education appropriated by the Legislature when combined with all other money expected to be available for public education and submit the report to the Commission for review. The Commission shall review the report and provide any recommendations for revision of the report that it determines to be appropriate to the Department. The Department shall consider the recommendations of the Commission, submit a final report to the Director of the Legislative Counsel Bureau for transmission to the Legislative Committee on Education and post the final report on an Internet website maintained by the Department not later than August 1 of each year.
3.] On or before October 1 of each year, each school district shall create a report that includes a description of the personnel employed and services provided by the school district during the immediately preceding school year and any changes that the school district anticipates making to the personnel and services during the current school year. The school district shall post a copy of the report on the Internet website maintained by the school district.
[4.] 2. On or before October 1 of each year, each public school shall create a report that includes a description of the personnel employed and services provided by the school during the immediately preceding school year and any changes the school anticipates making to the personnel and services during the current school year. The public school shall [provide a written copy of the report to the parent or legal guardian of each pupil who attends the public school and, if the public school maintains an Internet website,] post a copy of the report on the Internet website [.] maintained by the public school or, if the public school does not maintain an Internet website, on the Internet website maintained by the school district or the governing body or sponsor of the public school, as applicable.
κ2021 Statutes of Nevada, Page 1121 (CHAPTER 238, SB 439)κ
the public school or, if the public school does not maintain an Internet website, on the Internet website maintained by the school district or the governing body or sponsor of the public school, as applicable.
[5.] 3. The Department shall prescribe by regulation the format and contents of the information to be provided to create the [reports required pursuant to subsections 1 and 2 by the Department and for the] report created by each school district pursuant to subsection [3] 1 and each public school pursuant to subsection [4.] 2. The reports must include, as applicable and without limitation:
(a) Each grade level at which the public school enrolls pupils;
(b) The number of pupils attending the public school;
(c) The average class size at the public school;
(d) The number of persons employed by the public school to provide instruction, support to pupils, administrative support and other personnel including, without limitation, the number of employees in any subgroup of each type or classification of personnel as prescribed by the Department;
(e) The professional development provided [to each teacher at] by the public school;
(f) The amount of money spent per pupil for supplies, materials, equipment and textbooks;
(g) For each category of pupils for which the public school receives any additional funding, including, without limitation, pupils with disabilities, pupils who are English learners, at-risk pupils and gifted and talented pupils:
(1) The number of pupils in each category who attend the public school;
(2) If the Department determines that pupils within a category must be divided based on severity of need, the number of pupils in each such subcategory; and
(3) The number of persons employed to provide instruction, support to pupils, administrative support and other personnel employed by the public school and dedicated to providing services to each category or subcategory of pupils, including, without limitation, any subgroup of each kind of personnel prescribed by the Department;
(h) The total amount of money received to support the operations of the public school, divided by the number of pupils enrolled in the public school and expressed as a per pupil amount;
(i) The total amount of money received by the public school as adjusted base per pupil funding, divided by the number of pupils enrolled in the public school and expressed as a per pupil amount; and
(j) The amount of money received by the public school as weighted funding for each category of pupils supported by weighted funding, divided by the number of pupils enrolled in the public school who are identified in the appropriate category and expressed as a per pupil amount for each category.
Sec. 17. NRS 387.185 is hereby amended to read as follows:
387.185 1. Except as otherwise provided in subsection 2 and NRS 387.528, unless the Superintendent of Public Instruction authorizes a withholding pursuant to NRS 387.1244, all school money due each county school district must be paid over by the State Treasurer to the county treasurer on or before the first day of each month or as soon thereafter as the county treasurer may apply for it, upon the warrant of the State Controller drawn in conformity with the apportionment of the Superintendent of Public Instruction or Director of the State Department of Agriculture as provided in NRS 387.124.
κ2021 Statutes of Nevada, Page 1122 (CHAPTER 238, SB 439)κ
2. Except as otherwise provided in NRS 387.528, unless the Superintendent of Public Instruction authorizes a withholding pursuant to NRS 387.1244, if the board of trustees of a school district establishes and administers a separate account pursuant to the provisions of NRS 354.603, all school money due that school district must be paid over by the State Treasurer to the school district on or before the first day of each month or as soon thereafter as the school district may apply for it, upon the warrant of the State Controller drawn in conformity with the apportionment of the Superintendent of Public Instruction or Director of the State Department of Agriculture as provided in NRS 387.124.
3. No county school district may receive any portion of the public school money unless that school district has complied with the provisions of this title and regulations adopted pursuant thereto.
4. Except as otherwise provided in this subsection, unless the Superintendent of Public Instruction authorizes a withholding pursuant to NRS 387.1244, all school money due each charter school must be paid over by the State Treasurer to the governing body of the charter school on or before the first day of each month or as soon thereafter as the governing body may apply for it, upon the warrant of the State Controller drawn in conformity with the apportionment of the Superintendent of Public Instruction or Director of the State Department of Agriculture as provided in NRS 387.124. If the Superintendent of Public Instruction has approved, pursuant to subsection 2 of NRS 387.1241, a request for payment of an apportionment 30 days before the apportionment is otherwise required to be made, the money due to the charter school must be paid by the State Treasurer to the governing body of the charter school on such date.
5. Except as otherwise provided in this subsection, unless the Superintendent of Public Instruction authorizes a withholding pursuant to NRS 387.1244, all school money due each university school for profoundly gifted pupils must be paid over by the State Treasurer to the governing body of the university school on or before the first day of each month or as soon thereafter as the governing body may apply for it, upon the warrant of the State Controller drawn in conformity with the apportionment of the Superintendent of Public Instruction or Director of the State Department of Agriculture as provided in NRS 387.124. If the Superintendent of Public Instruction has approved, pursuant to NRS 387.1242, a request for payment of an apportionment 30 days before the apportionment is otherwise required to be made, the money due to the university school must be paid by the State Treasurer to the governing body of the university school on such date.
Sec. 18. NRS 387.206 is hereby amended to read as follows:
387.206 1. On or before [July] August 1 of each odd-numbered year, the Department, in consultation with the Budget Division of the Office of Finance and the Fiscal Analysis Division of the Legislative Counsel Bureau, shall determine a recommended minimum amount of money to be expended during [that] each fiscal year of a biennium for textbooks, instructional supplies, instructional software and instructional hardware by all school districts, charter schools and university schools for profoundly gifted pupils. The amount must be determined by increasing the amount that was established for the Fiscal Year 2004-2005 by the percentage of the change in enrollment between Fiscal Year 2004-2005 and the fiscal year for which the amount is being established, plus any inflationary adjustment approved by the Legislature after Fiscal Year 2004-2005.
κ2021 Statutes of Nevada, Page 1123 (CHAPTER 238, SB 439)κ
2. The Department, in consultation with the Budget Division of the Office of Finance and the Fiscal Analysis Division of the Legislative Counsel Bureau, shall develop or revise, as applicable, a formula for determining the minimum amount of money that each school district, charter school and university school for profoundly gifted pupils is recommended to expend each fiscal year for textbooks, instructional supplies, instructional software and instructional hardware. The sum of all of the minimum amounts determined pursuant to this subsection must be equal to the combined minimum amount determined pursuant to subsection 1. The formula must be used only to develop expenditure recommendations and must not be used to alter the yearly apportionment from the State Education Fund to school districts, charter schools or university schools for profoundly gifted pupils.
3. Upon approval of the formula pursuant to subsection 2, the Department shall provide written notice to each school district, charter school and university school for profoundly gifted pupils [within the first 30 days] on or before August 15 of each [fiscal] odd-numbered year that sets forth the recommended minimum combined amount of money that the school district, charter school and university school for profoundly gifted pupils may expend for textbooks, instructional supplies, instructional software and instructional hardware for [that] each fiscal year [.] of a biennium.
Sec. 19. NRS 387.2062 is hereby amended to read as follows:
387.2062 1. On or before January 1 of each year, the Department shall determine whether each school district, charter school and university school for profoundly gifted pupils has expended, during the immediately preceding fiscal year, the recommended minimum amount of money set forth in the notice provided pursuant to subsection 3 of NRS 387.206. In making this determination, the Department shall use the report submitted by:
(a) The school district pursuant to NRS 387.303.
(b) The charter school pursuant to NRS 388A.345.
(c) The university school for profoundly gifted pupils pursuant to NRS 388C.250.
2. Except as otherwise provided in subsection 3, if the Department determines that a school district, charter school or university school for profoundly gifted pupils, as applicable, has not expended the recommended minimum amount of money set forth in the notice or the revised notice, as applicable, provided pursuant to subsection 3 of NRS 387.206, the Department shall publish a report on an Internet website maintained by the Department which identifies the difference between the actual combined expenditure for textbooks, instructional supplies, instructional software and instructional hardware and the minimum recommended combined expenditure set forth in the notice provided pursuant to subsection 3 of NRS 387.206.
3. If the actual enrollment of pupils in a school district, charter school or university school for profoundly gifted pupils is less than the enrollment included in the projections used in the biennial budget of the school district submitted pursuant to NRS 387.303, the budget of the charter school submitted pursuant to NRS 388A.345 or the report of the university school for profoundly gifted pupils submitted pursuant to NRS 388C.250, as applicable, the recommended expenditure for textbooks, instructional supplies, instructional software and instructional hardware pursuant to NRS 387.206 must be reduced proportionately.
κ2021 Statutes of Nevada, Page 1124 (CHAPTER 238, SB 439)κ
Sec. 20. NRS 387.303 is hereby amended to read as follows:
387.303 1. Not later than November 1 of each year, the board of trustees of each school district shall submit to the Superintendent of Public Instruction and the Department of Taxation a report which includes the following information:
(a) For each fund within the school district, including, without limitation, the school districts general fund and any special revenue fund which receives state money, the total number and salaries of licensed and nonlicensed persons whose salaries are paid from the fund and who are employed by the school district in full-time positions or in part-time positions added together to represent full-time positions. Information must be provided for the current school year based upon the school districts final budget, including any amendments and augmentations thereto, and for the preceding school year. An employee must be categorized as filling an instructional, administrative, instructional support or other position.
(b) The school districts actual expenditures in the fiscal year immediately preceding the report.
(c) The school districts proposed expenditures for the current fiscal year.
(d) The schedule of salaries for licensed employees in the current school year and a statement of whether the negotiations regarding salaries for the current school year have been completed. If the negotiations have not been completed at the time the schedule of salaries is submitted, the board of trustees shall submit a supplemental report to the Superintendent of Public Instruction upon completion of negotiations or the determination of an arbitrator concerning the negotiations that includes the schedule of salaries agreed to or required by the arbitrator.
(e) The number of employees who received an increase in salary pursuant to NRS 391.161, 391.162 or 391.163 for the current and preceding fiscal years. If the board of trustees is required to pay an increase in salary retroactively pursuant to NRS 391.161, the board of trustees shall submit a supplemental report to the Superintendent of Public Instruction not later than February 15 of the year in which the retroactive payment was made that includes the number of teachers to whom an increase in salary was paid retroactively.
(f) The number of employees eligible for health insurance within the school district for the current and preceding fiscal years and the amount paid for health insurance for each such employee during those years.
(g) The rates for fringe benefits, excluding health insurance, paid by the school district for its licensed employees in the preceding and current fiscal years.
(h) The amount paid for extra duties, supervision of extracurricular activities and supplemental pay and the number of employees receiving that pay in the preceding and current fiscal years.
2. On or before November 25 of each year, the Superintendent of Public Instruction shall submit to the Office of Finance and the Fiscal Analysis Division of the Legislative Counsel Bureau, in a format approved by the Director of the [Department of Administration,] Office of Finance, a compilation of the reports made by each school district pursuant to subsection 1.
3. In preparing the agency biennial budget request for the State Education Fund for submission to the Office of Finance, the Superintendent of Public Instruction:
κ2021 Statutes of Nevada, Page 1125 (CHAPTER 238, SB 439)κ
(a) Shall compile the information from the most recent compilation of reports submitted pursuant to subsection 2; and
(b) [May increase the line items of expenditures or revenues based on merit salary increases and cost of living adjustments or inflation, as deemed credible and reliable based upon published indexes and research relevant to the specific line item of expenditure or revenue;
(c) May adjust expenditures and revenues pursuant to paragraph (b) for any year remaining before the biennium for which the budget is being prepared and for the 2 years of the biennium covered by the biennial budget request to project the cost of expenditures or the receipt of revenues for the specific line items; and
(d)] May consider the cost of enhancements to existing programs or the projected cost of proposed new educational programs, regardless of whether those enhancements or new programs are included in the adjusted base per pupil funding for inclusion in the biennial budget request to the Office of Finance.
4. The Superintendent of Public Instruction shall, in the compilation required by subsection 2, reconcile the revenues of the school districts with the apportionment received by those districts from the State Education Fund for the preceding year.
5. The request prepared pursuant to subsection 3 must:
(a) Be presented by the Superintendent of Public Instruction to such standing committees of the Legislature as requested by the standing committees for the purposes of developing educational programs and providing appropriations for those programs; and
(b) Provide for a direct comparison of appropriations to the proposed budget of the Governor submitted pursuant to subsection 4 of NRS 353.230.
Sec. 21. NRS 388.1327 is hereby amended to read as follows:
388.1327 The State Board shall adopt regulations [:
1. Establishing the process whereby school districts may apply to the Department for a grant of money from the Bullying Prevention Account pursuant to NRS 388.1325.
2. As] as are necessary to carry out the provisions of NRS 388.121 to 388.1395, inclusive.
Sec. 22. NRS 388.429 is hereby amended to read as follows:
388.429 1. The Legislature declares that funding provided for each school year establishes financial resources sufficient to ensure a reasonably equal educational opportunity to pupils with disabilities residing in Nevada through the use of the [weighted funding prescribed by] statewide multiplier established pursuant to NRS [387.1214.] 387.122.
2. Subject to the provisions of NRS 388.417 to 388.469, inclusive, the board of trustees of each school district shall make such special provisions as may be necessary for the education of pupils with disabilities.
3. The board of trustees of a school district in a county whose population is less than 700,000 may provide early intervening services. Such services must be provided in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the regulations adopted pursuant thereto.
4. The board of trustees of a school district shall establish uniform criteria governing eligibility for instruction under the special education programs provided for by NRS 388.417 to 388.469, inclusive. The criteria must prohibit the placement of a pupil in a program for pupils with disabilities solely because the pupil is a disciplinary problem in school.
κ2021 Statutes of Nevada, Page 1126 (CHAPTER 238, SB 439)κ
disabilities solely because the pupil is a disciplinary problem in school. The criteria are subject to such standards as may be prescribed by the State Board.
Sec. 23. NRS 388.5243 is hereby amended to read as follows:
388.5243 1. The [Contingency] Account for State Special Education Services is hereby created in the State General Fund to be administered by the Superintendent of Public Instruction. The Superintendent of Public Instruction may accept gifts and grants of money from any source for deposit in the Account. Any money from gifts and grants may be expended in accordance with the terms and conditions of the gift or grant, or in accordance with this section.
2. Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
3. The money in the Account may only be used for public schools and public education, as authorized by the Legislature [.] , including, without limitation, the distribution of funding appropriated by the Legislature for a statewide multiplier for pupils with disabilities pursuant to NRS 387.122.
4. The State Board shall adopt regulations for the application, approval and disbursement of money commencing with the 2016-2017 school year to reimburse school districts and charter schools for extraordinary program expenses and related services which:
(a) Are not ordinarily present in the typical special education service and delivery system at a public school;
(b) Are associated with the implementation of the individualized education program of a pupil with significant disabilities, as defined by the State Board, to provide an appropriate education in the least restrictive environment; and
(c) The costs of which exceed the total funding available to the school district or charter school for the pupil.
Sec. 24. NRS 388A.414 is hereby amended to read as follows:
388A.414 1. Upon completion of each school quarter, the Superintendent of Public Instruction shall pay to the sponsor of a charter school one-quarter of the yearly sponsorship fee for the administrative costs associated with sponsorship for that school quarter, which must be deducted from the monthly apportionment to the charter school made pursuant to subsections 1 and 2 of NRS 387.124 and NRS 387.1241. Except as otherwise provided in subsection 2, the yearly sponsorship fee for the sponsor of a charter school must be in an amount of money not to exceed 2 percent of the total amount of money apportioned to the charter school during the school year pursuant to subsections 1 and 2 of NRS 387.124 and NRS 387.1241.
2. If the governing body of a charter school satisfies the requirements of this section, the governing body may submit a request to the sponsor of the charter school for approval of a sponsorship fee in an amount that is less than 2 percent but at least 1 percent of the total amount of money apportioned to the charter school during the school year pursuant to subsections 1 and 2 of NRS 387.124 and NRS 387.1241.
3. The sponsor of the charter school shall approve such a request if the sponsor of the charter school determines that the charter school satisfies the requirements of this subsection. If the sponsor of the charter school approves such a request, the sponsor shall provide notice of the decision to the governing body of the charter school and the Superintendent of Public Instruction.
κ2021 Statutes of Nevada, Page 1127 (CHAPTER 238, SB 439)κ
Instruction. If the sponsor of the charter school denies such a request, the governing body of the charter school may appeal the decision of the sponsor to the Superintendent of Public Instruction.
4. Upon appeal, the sponsor of the charter school and the governing body of the charter school are entitled to present evidence. The decision of the Superintendent of Public Instruction on the appeal is final and is not subject to judicial review.
5. The governing body of a charter school may submit a request for a reduction of the sponsorship fee pursuant to this section if:
(a) The charter school satisfies the requirements of subsection 1 of NRS 388A.405; and
(b) There has been a decrease in the duties of the sponsor of the charter school that justifies a decrease in the sponsorship fee.
Sec. 25. NRS 389.074 is hereby amended to read as follows:
389.074 1. The board of trustees of each school district and the governing body of each charter school shall ensure that instruction in financial literacy is provided to pupils enrolled in grades 3 to 12, inclusive, in each public school within the school district or in the charter school, as applicable. The instruction must include, without limitation:
(a) The skills necessary to develop financial responsibility, including, without limitation:
(1) Making reasonable financial decisions by analyzing the alternatives and consequences of those financial decisions;
(2) Locating and evaluating financial information from various sources;
(3) Judging the quality of services offered by a financial institution;
(4) Developing communication strategies to discuss financial issues;
(5) Controlling personal information; and
(6) Reviewing and summarizing federal and state consumer protection laws.
(b) The skills necessary to manage finances, including, without limitation:
(1) Developing a plan for spending and saving;
(2) Developing a system for keeping and using financial records; and
(3) Developing a personal financial plan.
(c) The skills necessary to understand the use of credit and the incurrence of debt, including, without limitation:
(1) Identifying the costs and benefits of various types of credit;
(2) Understanding the methods to manage debt and the consequences of acquiring debt;
(3) Understanding how interest rates, compounding frequency and the terms of a loan can affect the cost of credit;
(4) Completing an application for a loan;
(5) Understanding different types of loans, including, without limitation, payday loans, automobile loans, student loans and mortgages;
(6) Explaining the purpose of a credit report, including, without limitation, the manner in which a credit report is used by lenders;
(7) Describing the rights of a borrower regarding his or her credit report;
(8) Identifying methods to avoid and resolve debt problems; and
(9) Reviewing and summarizing federal and state consumer credit protection laws.
κ2021 Statutes of Nevada, Page 1128 (CHAPTER 238, SB 439)κ
(d) The skills necessary to understand the basic principles of saving and investing, including, without limitation:
(1) Understanding how saving and investing contribute to financial well-being;
(2) Understanding the methods of investing and alternatives to investing;
(3) Understanding how to buy and sell investments;
(4) Understanding compound interest, including, without limitation, in the context of investments;
(5) Understanding various types of securities, including, without limitation, stocks and bonds; and
(6) Understanding how the regulation of financial institutions protects investors.
(e) The skills necessary to prevent and limit the consequences of identity theft and fraud.
(f) The skills necessary to understand the basic assessment of taxes, including, without limitation, understanding the matter in which taxes are computed by local, state and federal governmental entities.
(g) The skills necessary to understand the basic principles of insurance, including, without limitation:
(1) Understanding the function of various insurance policies; and
(2) Determining the quality of an insurance provider.
(h) The skills necessary to plan for higher education and career choices, including, without limitation:
(1) Information concerning institutions of higher education and college preparedness;
(2) Information concerning career options;
(3) Writing a resume;
(4) Information concerning opportunities for financial aid, including the Free Application for Federal Student Aid and the programs of the Western Interstate Commission for Higher Education, and the manner in which to qualify for such opportunities;
(5) Information concerning scholarship opportunities, including, without limitation, the Governor Guinn Millennium Scholarship Program and Silver State Opportunity Grant Program; and
(6) Information concerning prepaid tuition and college savings programs and plans established pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529.
2. The standards of content and performance for the instruction in financial literacy required by subsection 1 must be included in the standards of content and performance established by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520. The instruction required by subsection 1 must be:
(a) Age-appropriate; and
(b) Included within a course of study for which the Council has established the relevant standards of content and performance, including, without limitation, a course of study in economics, mathematics or social studies.
3. The board of trustees of each school district and the governing body of each charter school in which pupils are enrolled in any grade of grades 3 to 12, inclusive, shall encourage:
(a) [Persons to donate money to the Account for Instruction in Financial Literacy created by NRS 388.895;
κ2021 Statutes of Nevada, Page 1129 (CHAPTER 238, SB 439)κ
(b)] Persons to volunteer time, expertise and resources to assist a school district, governing body of a charter school, public school or teacher in the provision of instruction in financial literacy; and
[(c)] (b) Partnerships between a school district or charter school and relevant persons, businesses or entities in which those persons, businesses or entities provide the resources necessary to provide instruction in financial literacy.
Sec. 26. NRS 391.273 is hereby amended to read as follows:
391.273 1. Except as otherwise provided in this section and except for persons who are supervised pursuant to NRS 391.096, the unlicensed personnel of a school district must be directly supervised by licensed personnel in all duties which are instructional in nature. To the extent practicable, the direct supervision must be such that the unlicensed personnel are in the immediate location of the licensed personnel and are readily available during such times when supervision is required.
2. Unlicensed personnel who are exempted pursuant to subsection 4, 5 or 6 must be under administrative supervision when performing any duties which are instructional in nature.
3. Unlicensed personnel may temporarily perform duties under administrative supervision which are not primarily instructional in nature.
4. Except as otherwise provided in subsection 7, upon application by a superintendent of schools, the Superintendent of Public Instruction may grant an exemption from the provisions of subsection 1 pursuant to subsection 5 or 6.
5. Except as otherwise provided in subsection 6, the Superintendent shall not grant an exemption from the provisions of subsection 1 unless:
(a) The duties are within the employees special expertise or training;
(b) The duties relate to the humanities or an elective course of study, or are supplemental to the basic curriculum of a school;
(c) The performance of the duties does not result in the replacement of a licensed employee or prevent the employment of a licensed person willing to perform those duties;
(d) The secondary or combined school in which the duties will be performed has less than 100 pupils enrolled and is at least 30 miles from a school in which the duties are performed by licensed personnel; and
(e) The unlicensed employee submits his or her fingerprints for an investigation pursuant to NRS 391.033.
6. Upon application by a superintendent of schools, the Superintendent of Public Instruction may grant an exemption from the provisions of subsection 1 if:
(a) The duties of the unlicensed employee relate to the supervision of pupils attending a course of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, while the pupils are receiving instruction from a licensed employee remotely through any electronic means of communication; and
(b) The unlicensed employee submits his or her fingerprints for an investigation pursuant to NRS 391.033.
7. The exemption authorized by subsection 4, 5 or 6 does not apply to a paraprofessional if the requirements prescribed by the State Board pursuant to NRS 391.094 require the paraprofessional to be directly supervised by a licensed teacher.
κ2021 Statutes of Nevada, Page 1130 (CHAPTER 238, SB 439)κ
8. The Superintendent of Public Instruction shall file a record of all exempt personnel with the clerk of the board of trustees of each local school district, and advise the clerk of any changes therein. The record must contain:
(a) The name of the exempt employee;
(b) The specific instructional duties the exempt employee may perform;
(c) Any terms or conditions of the exemption deemed appropriate by the Superintendent of Public Instruction; and
(d) The date the exemption expires or a statement that the exemption is valid as long as the employee remains in the same position at the same school.
9. The Superintendent of Public Instruction may adopt regulations prescribing the procedure to apply for an exemption pursuant to this section and the criteria for the granting of such exemptions.
10. Except in an emergency, it is unlawful for the board of trustees of a school district to allow a person employed as a teachers aide to serve as a teacher unless the person is a legally qualified teacher licensed by the Superintendent of Public Instruction. As used in this subsection, emergency means an unforeseen circumstance which requires immediate action and includes the fact that a licensed teacher or substitute teacher is not immediately available.
11. If the Superintendent of Public Instruction determines that the board of trustees of a school district has violated the provisions of subsection 10, the Superintendent shall take such actions as are necessary to reduce the amount of money received by the district pursuant to subsections 1 and 2 of NRS 387.124 by an amount equal to the product when the following numbers are multiplied together:
(a) The number of days on which the violation occurred;
(b) The number of pupils in the classroom taught by the teachers aide; and
(c) The number of dollars of adjusted base per pupil funding established for the school district pursuant to NRS 387.1214 per day.
12. Except as otherwise provided in this subsection, a person employed as a teachers aide or paraprofessional may monitor pupils in a computer laboratory without being directly supervised by licensed personnel. The provisions of this subsection do not apply to a paraprofessional if the requirements prescribed by the State Board pursuant to NRS 391.094 require the paraprofessional to be directly supervised by a licensed teacher.
13. The provisions of this section do not apply to unlicensed personnel who are employed by the governing body of a charter school, unless a paraprofessional employed by the governing body is required to be directly supervised by a licensed teacher pursuant to the requirements prescribed by the State Board pursuant to NRS 391.094.
Sec. 27. NRS 391.365 is hereby amended to read as follows:
391.365 A person who receives an endorsement to teach in a field of specialization relating to computer literacy and computer science may request a reimbursement for the cost of the course work required to receive such an endorsement from the board of trustees of a school district or governing body of a charter school that employs or will employ the person. [The board of trustees or governing body, as applicable, may reimburse the person using money received from a grant provided to the board of trustees or governing body pursuant to NRS 391.369 or 391A.510.]
κ2021 Statutes of Nevada, Page 1131 (CHAPTER 238, SB 439)κ
Sec. 28. NRS 391A.125 is hereby amended to read as follows:
391A.125 1. Based upon the [priorities of programs prescribed by the State Board pursuant to subsection 4 of NRS 391A.505 and the] assessment of needs for training within the region and priorities of training adopted by the governing body pursuant to NRS 391A.175, each regional training program shall provide:
(a) Training for teachers and other licensed educational personnel in the:
(1) Standards established by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520;
(2) Curriculum and instruction required for the standards adopted by the State Board;
(3) Curriculum and instruction recommended by the Teachers and Leaders Council of Nevada; and
(4) Culturally relevant pedagogy, taking into account cultural diversity and demographic differences throughout this State.
(b) Through the Nevada Early Literacy Intervention Program established for the regional training program, training for teachers who teach kindergarten and grades 1, 2 or 3 on methods to teach fundamental reading skills, including, without limitation:
(1) Phonemic awareness;
(2) Phonics;
(3) Vocabulary;
(4) Fluency;
(5) Comprehension; and
(6) Motivation.
(c) Training for administrators who conduct the evaluations required pursuant to NRS 391.685, 391.690, 391.705 and 391.710 relating to the manner in which such evaluations are conducted. Such training must be developed in consultation with the Teachers and Leaders Council of Nevada created by NRS 391.455.
(d) Training for teachers, administrators and other licensed educational personnel relating to correcting deficiencies and addressing recommendations for improvement in performance that are identified in the evaluations conducted pursuant to NRS 391.685, 391.690, 391.705 or 391.710.
(e) Training for teachers on methods to teach computer literacy or computer science to pupils.
(f) At least one of the following types of training:
(1) Training for teachers and school administrators in the assessment and measurement of pupil achievement and the effective methods to analyze the test results and scores of pupils to improve the achievement and proficiency of pupils.
(2) Training for teachers in specific content areas to enable the teachers to provide a higher level of instruction in their respective fields of teaching. Such training must include instruction in effective methods to teach in a content area provided by teachers who are considered masters in that content area.
(3) In addition to the training provided pursuant to paragraph (b), training for teachers in the methods to teach basic skills to pupils, such as providing instruction in reading with the use of phonics and providing instruction in basic skills of mathematics computation.
(g) In accordance with the program established by the Statewide Council pursuant to paragraph (b) of subsection 2 of NRS 391A.135 training for:
κ2021 Statutes of Nevada, Page 1132 (CHAPTER 238, SB 439)κ
(1) Teachers on how to engage parents and families, including, without limitation, disengaged families, in the education of their children and to build the capacity of parents and families to support the learning and academic achievement of their children.
(2) Training for teachers and paraprofessionals on working with parent liaisons in public schools to carry out strategies and practices for effective parental involvement and family engagement.
(h) Training and continuing professional development for teachers who receive an endorsement to teach courses relating to financial literacy pursuant to NRS 391.019 and 396.5198.
2. The training required pursuant to subsection 1 must:
(a) Include the activities set forth in 20 U.S.C. § 7801(42), as deemed appropriate by the governing body for the type of training offered.
(b) Include appropriate procedures to ensure follow-up training for teachers and administrators who have received training through the program.
(c) Incorporate training that addresses the educational needs of:
(1) Pupils with disabilities who participate in programs of special education; and
(2) Pupils who are English learners.
3. The governing body of each regional training program shall prepare and maintain a list that identifies programs for the professional development of teachers and administrators that successfully incorporate:
(a) The standards of content and performance established by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520;
(b) Fundamental reading skills; and
(c) Other training listed in subsection 1.
Κ The governing body shall provide a copy of the list on an annual basis to school districts for dissemination to teachers and administrators.
4. A regional training program may include model classrooms that demonstrate the use of educational technology for teaching and learning.
5. A regional training program may contract with the board of trustees of a school district that is served by the regional training program as set forth in NRS 391A.120 to provide professional development to the teachers and administrators employed by the school district that is in addition to the training required by this section. Any training provided pursuant to this subsection must include the activities set forth in 20 U.S.C. § 7801(42), as deemed appropriate by the governing body for the type of training offered.
6. To the extent money is available from legislative appropriation or otherwise, a regional training program may provide training to paraprofessionals.
7. To the extent that money is available, the Department shall administer the training required pursuant to paragraph (h) of subsection 1.
8. As used in this section, paraprofessional has the meaning ascribed to it in NRS 391.008.
Sec. 29. NRS 396.5198 is hereby amended to read as follows:
396.5198 1. If the System offers a course of study for obtaining an endorsement to teach courses relating to financial literacy, the course must require students in the course of study to create a personal finance portfolio or transition plan, which must include, without limitation, details relating to housing, health insurance and postsecondary education and financial aid resources.
2. A student in a course of study offered pursuant to subsection 1 may apply for a Teach Nevada Scholarship from a university, college or other provider of an alternative licensure program that receives a grant from the Teach Nevada Scholarship Program Account created pursuant to NRS 391A.575 to offset the costs of completing a course of study offered pursuant to subsection 1.
κ2021 Statutes of Nevada, Page 1133 (CHAPTER 238, SB 439)κ
provider of an alternative licensure program that receives a grant from the Teach Nevada Scholarship Program Account created pursuant to NRS 391A.575 to offset the costs of completing a course of study offered pursuant to subsection 1.
[3. The System may award a student money received from a grant provided to a university, college or other provider of an alternative licensure program pursuant to NRS 391A.510 to offset the costs of completing a course of study offered pursuant to subsection 1.]
Sec. 30. NRS 396.5199 is hereby amended to read as follows:
396.5199 [1. The Board of Regents may apply for a grant from the Account for Computer Education and Technology created pursuant to NRS 391.369 to develop the curriculum and standards required to educate and train a person who is studying to become a teacher in computer literacy and computer science.
2.] All persons who are studying to become a teacher must receive appropriate education and training in computer literacy and computer science.
Sec. 31. NRS 120A.610 is hereby amended to read as follows:
120A.610 1. Except as otherwise provided in subsections 4 to 8, inclusive, all abandoned property other than money delivered to the Administrator under this chapter must, within 2 years after the delivery, be sold by the Administrator to the highest bidder at public sale in whatever manner affords, in his or her judgment, the most favorable market for the property. The Administrator may decline the highest bid and reoffer the property for sale if the Administrator considers the bid to be insufficient.
2. Any sale held under this section must be preceded by a single publication of notice, not less than 21 days before sale, in a newspaper of general circulation in the county in which the property is to be sold. The Administrator may provide additional notice of any such sale at any time and in any manner that the Administrator selects.
3. The purchaser of property at any sale conducted by the Administrator pursuant to this chapter takes the property free of all claims of the owner or previous holder and of all persons claiming through or under them. The Administrator shall execute all documents necessary to complete the transfer of ownership.
4. Except as otherwise provided in subsection 5, the Administrator need not offer any property for sale if the Administrator considers that the probable cost of the sale will exceed the proceeds of the sale. The Administrator may destroy or otherwise dispose of such property or may transfer it to:
(a) The Nevada State Museum Las Vegas, the Nevada State Museum or the Nevada Historical Society, upon its written request, if the property has, in the opinion of the requesting institution, historical, artistic or literary value and is worthy of preservation; or
(b) A genealogical library, upon its written request, if the property has genealogical value and is not wanted by the Nevada State Museum Las Vegas, the Nevada State Museum or the Nevada Historical Society.
Κ An action may not be maintained by any person against the holder of the property because of that transfer, disposal or destruction.
5. The Administrator shall transfer property to the Department of Veterans Services, upon its written request, if the property has military value.
6. Securities delivered to the Administrator pursuant to this chapter may be sold by the Administrator at any time after the delivery. Securities listed on an established stock exchange must be sold at the prevailing price for that security on the exchange at the time of sale.
κ2021 Statutes of Nevada, Page 1134 (CHAPTER 238, SB 439)κ
listed on an established stock exchange must be sold at the prevailing price for that security on the exchange at the time of sale. Other securities not listed on an established stock exchange may be sold:
(a) Over the counter at the prevailing price for that security at the time of sale; or
(b) By any other method the Administrator deems acceptable.
7. The Administrator shall hold property that was removed from a safe-deposit box or other safekeeping repository for 1 year after the date of the delivery of the property to the Administrator, unless that property is a will or a codicil to a will, in which case the Administrator shall hold the property for 10 years after the date of the delivery of the property to the Administrator. If no claims are filed for the property within that period and the Administrator determines that the probable cost of the sale of the property will exceed the proceeds of the sale, it may be destroyed.
8. All proceeds received by the Administrator from abandoned gift certificates must be accounted for separately in the Abandoned Property Trust Account in the State General Fund. At the end of each fiscal year, before any other money in the Abandoned Property Trust Account is transferred pursuant to NRS 120A.620, the balance in the subaccount created pursuant to this subsection, less any costs, service charges or claims chargeable to the subaccount, must be transferred to the [Educational Trust Account, which is hereby created in the State General Fund. The money in the Educational Trust Account may be expended only as authorized by the Legislature for any purpose, if it is in session, or by the Interim Finance Committee, if the Legislature is not in session, for educational purposes.] State Education Fund.
Sec. 32. NRS 278C.250 is hereby amended to read as follows:
278C.250 1. After the effective date of the ordinance adopted pursuant to NRS 278C.220:
(a) Any taxes levied upon taxable property in the tax increment area each year by or for the benefit of the State, the municipality and any public body must be divided as follows:
(1) That portion of the taxes that would be produced by the rate upon which the tax is levied each year by or for each of those taxing agencies upon the total sum of the assessed value of the taxable property in the tax increment area as shown upon the last equalized assessment roll used in connection with the taxation of the property by the taxing agency, must be allocated to and when collected must be paid into the funds of the respective taxing agencies as taxes by or for the taxing agencies on all other property are paid.
(2) Except as otherwise provided in this section, the portion of the taxes levied each year in excess of the amount determined pursuant to subparagraph (1) must be allocated to, and when collected must be paid into, the tax increment account pertaining to the undertaking to pay the bond requirements of loans, money advanced to, or indebtedness, whether funded, refunded, assumed or otherwise, incurred by the municipality to finance or refinance, in whole or in part, the undertaking. Unless the total assessed valuation of the taxable property in the tax increment area exceeds the total assessed value of the taxable property in the area as shown by the last equalized assessment roll referred to in this subsection, all of the taxes levied and collected upon the taxable property in the area must be paid into the funds of the respective taxing agencies. When the loans, advances and indebtedness, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in the tax increment area must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.
κ2021 Statutes of Nevada, Page 1135 (CHAPTER 238, SB 439)κ
thereafter received from taxes upon the taxable property in the tax increment area must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.
(b) If the undertaking is a natural resources project or a rail project for which the municipality has received approval from the Interim Finance Committee pursuant to NRS 278C.157, any taxes levied upon the sale or use of tangible personal property in the tax increment area each year by or for the benefit of the State, the municipality and any public body must be divided as follows:
(1) That portion of the taxes that would be produced by the rate upon which the tax is levied each year by or for each of those taxing agencies upon the total sum of the sales and use of tangible personal property in the tax increment area in the fiscal year immediately preceding the effective date of the ordinance adopted pursuant to NRS 278C.220, must be allocated to and when collected must be paid into the funds of the respective taxing agencies as taxes by or for the taxing agencies on all other sales of tangible personal property are paid.
(2) Except as otherwise provided in this section, of the portion of the taxes levied each year in excess of the amount determined pursuant to subparagraph (1), 50 percent of that amount must be allocated to, and when collected must be paid into the tax increment account pertaining to the undertaking to pay the bond requirements of loans, money advanced to, or indebtedness, whether funded, refunded, assumed or otherwise, incurred by the municipality to finance or refinance, in whole or in part, the undertaking. The remaining 50 percent of that amount must be allocated to and when collected must be paid into the funds of the respective taxing agencies as taxes by or for the taxing agencies on all other sales of tangible personal property are paid. Unless the total amount of the taxes imposed on the sale and use of tangible personal property in the tax increment area exceeds the total amount of the taxes imposed on the sale and use of tangible personal property in the tax increment area in the fiscal year immediately preceding the effective date of the ordinance adopted pursuant to NRS 278C.220, all of the taxes levied and collected upon the sale or use of tangible personal property in the tax increment area must be paid into the funds of the respective taxing agencies. When the loans, advances and indebtedness, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the sale or use of tangible personal property in the tax increment area must be paid into the funds of the respective taxing agencies as taxes on all other taxes on the sale or use of tangible personal property are paid.
(c) If the undertaking is a natural resources project or a rail project for which the municipality has received approval from the Interim Finance Committee pursuant to NRS 278C.157, any taxes imposed pursuant to NRS 363A.130 or 363B.110 on employers located in the tax increment area must be divided as follows:
(1) That portion of the taxes that would be produced by the rate upon which the tax is imposed each year by the Department of Taxation in the fiscal year immediately preceding the effective date of the ordinance adopted pursuant to NRS 278C.220, must be allocated to and when collected must be paid to the Department of Taxation as all other taxes imposed pursuant to NRS 363A.130 and 363B.110 are paid.
(2) Except as otherwise provided in this section, of the portion of the taxes imposed each year in excess of the amount determined pursuant to subparagraph (1), 50 percent of that amount must be allocated to, and when collected must be paid into, the tax increment account pertaining to the undertaking to pay the bond requirements of loans, money advanced to, or indebtedness, whether funded, refunded, assumed or otherwise, incurred by the municipality to finance or refinance, in whole or in part, the undertaking.
κ2021 Statutes of Nevada, Page 1136 (CHAPTER 238, SB 439)κ
collected must be paid into, the tax increment account pertaining to the undertaking to pay the bond requirements of loans, money advanced to, or indebtedness, whether funded, refunded, assumed or otherwise, incurred by the municipality to finance or refinance, in whole or in part, the undertaking. The remaining 50 percent of that amount must be allocated to and when collected must be paid to the Department of Taxation as all other taxes imposed pursuant to NRS 363A.130 and 363B.110 are paid. Unless the total amount of the taxes imposed pursuant to NRS 363A.130 and 363B.110 on employers located in the tax increment area exceeds the total amount of the taxes imposed on employers located in the tax increment area in the fiscal year immediately preceding the effective date of the ordinance adopted pursuant to NRS 278C.220, all of the taxes imposed on employers located in the tax increment area must be paid to the Department of Taxation. When the loans, advances and indebtedness, if any, and interest thereon, have been paid, all money thereafter received from taxes imposed pursuant to NRS 363A.130 or 363B.110 on employers located in the tax increment area must be paid to the Department of Taxation as all other taxes imposed pursuant to NRS 363A.130 and 363B.110 are paid.
2. Except as otherwise provided in subsection 2 of NRS 360.991, the amount of the taxes levied each year which are paid into the tax increment account pursuant to subparagraph (2) of paragraph (a) of subsection 1, subparagraph (2) of paragraph (b) of subsection 1 and subparagraph (2) of paragraph (c) of subsection 1 must be limited by the governing body to an amount not to exceed the combined total amount required for annual debt service of or any outstanding advances of money or unfunded costs associated with the project or projects acquired, improved or equipped, or any combination thereof, as part of the undertaking.
3. Any revenues generated within the tax increment area in excess of the amount referenced in subsection 2, if any, will be paid into the funds of the respective taxing agencies in the same proportion as their base amount was distributed.
4. Except as otherwise provided in this subsection, in any fiscal year, the total revenue paid to a tax increment area pursuant to subparagraph (2) of paragraph (a) of subsection 1 in combination with the total revenue paid to any other tax increment areas and any redevelopment agencies of a municipality, other than any revenues paid to any other tax increment areas pursuant to subparagraph (2) of paragraph (b) of subsection 1 and subparagraph (2) of paragraph (c) of subsection 1, must not exceed:
(a) In a county whose population is 100,000 or more or a city whose population is 150,000 or more, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 10 percent of the total assessed valuation of the municipality.
(b) In a county whose population is less than 100,000 or a city whose population is less than 150,000, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 15 percent of the total assessed valuation of the municipality.
Κ Notwithstanding the provisions of this subsection, if a county has a population of less than 100,000 or if a city has a population of less than 150,000 at the time the municipality issues securities for a tax increment area pursuant to NRS 278C.280, the revenue limitation set forth in paragraph (b) must remain the revenue limitation for the tax increment area until such time as the securities issued for that tax increment area pursuant to NRS 278C.280 have been paid in full, including any securities issued to refund those securities, regardless of whether the population of the municipality reaches or exceeds 100,000 after the issuance of those securities.
κ2021 Statutes of Nevada, Page 1137 (CHAPTER 238, SB 439)κ
securities, regardless of whether the population of the municipality reaches or exceeds 100,000 after the issuance of those securities.
5. If the revenue paid to a tax increment area must be limited pursuant to paragraph (a) or (b) of subsection 4 and the municipality has more than one redevelopment agency or tax increment area, or one of each, the municipality shall determine the allocation to each agency and area. Any revenue that would be allocated to a tax increment area but for the provisions of this section must be paid into the funds of the respective taxing agencies.
6. The portion of the taxes levied each year in excess of the amount determined pursuant to subparagraph (1) of paragraph (a) of subsection 1 which is attributable to any tax rate levied by a taxing agency:
(a) To produce revenue in an amount sufficient to make annual repayments of the principal of, and the interest on, any bonded indebtedness that was approved by a majority of the registered voters within the area of the taxing agency voting upon the question, must be allocated to, and when collected must be paid into, the debt service fund of that taxing agency.
(b) In excess of any tax rate of that taxing agency applicable to the last taxation of the property before the effective date of the ordinance, if that additional rate was approved by a majority of the registered voters within the area of the taxing agency voting upon the question, must be allocated to, and when collected must be paid into, the appropriate fund of that taxing agency.
(c) Pursuant to NRS 387.3285 or 387.3287, if that rate was approved by a majority of the registered voters within the area of the taxing agency voting upon the question, must be allocated to, and when collected must be paid into, the appropriate fund of that taxing agency.
(d) For the support of the public schools within a county school district pursuant to NRS 387.195, must be allocated to, and when collected must be paid into, the [appropriate fund of that taxing agency.] State Education Fund.
7. The provisions of paragraph (a) of subsection 6 include, without limitation, a tax rate approved for bonds of a county school district issued pursuant to NRS 350.020, including, without limitation, amounts necessary for a reserve account in the debt service fund.
8. As used in this section, the term last equalized assessment roll means the assessment roll in existence on the 15th day of March immediately preceding the effective date of the ordinance.
Sec. 32.5. NRS 354.6241 is hereby amended to read as follows:
354.6241 1. The statement required by paragraph (a) of subsection 5 of NRS 354.624 must indicate for each fund set forth in that paragraph:
(a) Whether the fund is being used in accordance with the provisions of this chapter.
(b) Whether the fund is being administered in accordance with generally accepted accounting procedures.
(c) Whether the reserve in the fund is limited to an amount that is reasonable and necessary to carry out the purposes of the fund.
(d) The sources of revenues available for the fund during the fiscal year, including transfers from any other funds.
(e) The statutory and regulatory requirements applicable to the fund.
(f) The balance and retained earnings of the fund.
2. Except as otherwise provided in subsections 3 and 4 and NRS 354.59891 and 354.613, to the extent that the reserve in any fund set forth in paragraph (a) of subsection 5 of NRS 354.624 exceeds the amount that is reasonable and necessary to carry out the purposes for which the fund was created, the reserve may be expended by the local government pursuant to the provisions of chapter 288 of NRS.
κ2021 Statutes of Nevada, Page 1138 (CHAPTER 238, SB 439)κ
created, the reserve may be expended by the local government pursuant to the provisions of chapter 288 of NRS.
3. For any local government other than a school district, for the purposes of chapter 288 of NRS, a budgeted ending fund balance of not more than 16.67 percent of the total budgeted expenditures, less capital outlay, for a general fund:
(a) Is not subject to negotiations with an employee organization; and
(b) Must not be considered by a fact finder or arbitrator in determining the financial ability of the local government to pay compensation or monetary benefits.
4. For a school district, for the purposes of chapter 288 of NRS [, a] :
(a) A budgeted ending fund balance of not more than [16.6] 12 percent of the total budgeted expenditures for a county school district fund:
[(a)] (1) Is not subject to negotiations with an employee organization; and
[(b)] (2) Must not be considered by a fact finder or arbitrator in determining the financial ability of the local government to pay compensation or monetary benefits [.] ; and
(b) Any portion of a budgeted ending fund balance which exceeds 16.6 percent of the total budgeted expenditures for a county school district fund:
(1) Is not subject to negotiations with an employee organization;
(2) Must not be considered by a fact finder or arbitrator in determining the financial ability of the local government to pay compensation or monetary benefits; and
(3) Except as otherwise provided in section 77 of chapter 624, Statutes of Nevada 2019, at page 4252, must be transferred to the Education Stabilization Account pursuant to NRS 387.1213.
Sec. 33. NRS 445B.640 is hereby amended to read as follows:
445B.640 1. Except as otherwise provided in subsection 4 and NRS 445C.010 to 445C.120, inclusive, any person who violates any provision of NRS 445B.100 to 445B.450, inclusive, and 445B.470 to 445B.640, inclusive, or any regulation in force pursuant thereto, other than NRS 445B.570 on confidential information, is guilty of a civil offense and shall pay an administrative fine levied by the Commission of not more than $10,000 per day per offense. Each day of violation constitutes a separate offense.
2. The Commission shall by regulation establish a schedule of administrative fines not exceeding $2,000 for lesser violations of any provision of NRS 445B.100 to 445B.450, inclusive, and 445B.470 to 445B.640, inclusive, or any regulation in force pursuant thereto.
3. Action pursuant to subsection 1 or 2 is not a bar to enforcement of the provisions of NRS 445B.100 to 445B.450, inclusive, and 445B.470 to 445B.640, inclusive, regulations in force pursuant thereto, and orders made pursuant to NRS 445B.100 to 445B.450, inclusive, and 445B.470 to 445B.640, inclusive, by injunction or other appropriate remedy, and the Commission or the Director may institute and maintain in the name of the State of Nevada any such enforcement proceedings.
4. Any person who fails to pay a fine levied pursuant to subsection 1 or 2 within 30 days after the fine is imposed is guilty of a misdemeanor. The provisions of this subsection do not apply to persons found by the court to be indigent.
5. All administrative fines collected by the Commission pursuant to this section must be deposited in the [county school district fund of the county where the violation occurred.] State Education Fund.
κ2021 Statutes of Nevada, Page 1139 (CHAPTER 238, SB 439)κ
Sec. 34. NRS 488.075 is hereby amended to read as follows:
488.075 1. The owner of each motorboat requiring numbering by this State shall file an application for a number and for a certificate of ownership with the Department on forms approved by it accompanied by:
(a) Proof of payment of Nevada sales or use tax as evidenced by proof of sale by a Nevada dealer or by a certificate of use tax paid issued by the Department of Taxation, or by proof of exemption from those taxes as provided in NRS 372.320.
(b) Such evidence of ownership as the Department may require.
Κ The Department shall not issue a number, a certificate of number or a certificate of ownership until this evidence is presented to it.
2. The application must be signed by the owner of the motorboat and must be accompanied by:
(a) A fee of $20 for the certificate of ownership; and
(b) Except as otherwise provided in subsection 2 of NRS 488.125, an annual fee according to the following schedule as determined by the straight line length which is measured from the tip of the bow to the back of the transom of the motorboat:
Less than 13 feet................................................................................... $20
13 feet or more but less than 18 feet.................................................... 25
18 feet or more but less than 22 feet.................................................... 40
22 feet or more but less than 26 feet.................................................... 55
26 feet or more but less than 31 feet.................................................... 75
31 feet or more ..................................................................................... 100
Except as otherwise provided in this subsection, all fees received by the Department under the provisions of this chapter must be deposited in the Wildlife Account in the State General Fund and, except as otherwise provided in NRS 488.536, may be expended only for the administration and enforcement of the provisions of this chapter. On or before December 31 of each year, the Department shall deposit with the [respective county school districts] State Education Fund 50 percent of each fee collected according to the motorboats length for every motorboat registered . [from their respective counties.] Upon receipt of the application in approved form, the Department shall enter the application upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the motorboat, a certificate of ownership stating the same information and the name and address of the registered owner and the legal owner.
3. The Commission shall adopt regulations providing for the renewal of a certificate of number by the purchase of a validation decal. The fee for a validation decal is determined by the straight line length of the motorboat and is equivalent to the fee set forth in the schedule provided in paragraph (b) of subsection 2. The amount of the fee for issuing a duplicate validation decal is $20.
4. The owner shall paint on or attach to each side of the bow of the motorboat the identification number in such manner as may be prescribed by regulations of the Commission in order that the number may be clearly visible. The number must be maintained in legible condition.
5. The certificate of number must be available at all times for inspection on the motorboat for which issued, whenever the motorboat is in operation.
κ2021 Statutes of Nevada, Page 1140 (CHAPTER 238, SB 439)κ
6. The Commission shall provide by regulation for the issuance of numbers to manufacturers and dealers which may be used interchangeably upon motorboats operated by the manufacturers and dealers in connection with the demonstration, sale or exchange of those motorboats. The amount of the fee for each such a number is $20.
Sec. 35. (Deleted by amendment.)
Sec. 36. Section 80 of chapter 624, Statutes of Nevada 2019, at page 4253, is hereby amended to read as follows:
Sec. 80. NRS [387.122,] 387.1245, 387.1247, 387.1251, 387.1253, 387.1255, 387.1257, 387.129, 387.131, 387.133, 387.137, 387.139, 387.163, 387.193, 387.197, 387.2065, 387.2067 and 387.207 are hereby repealed.
Sec. 37. The Legislative Counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to:
(a) A fund or account whose name is changed pursuant to the provisions of this act; and
(b) 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:
(a) A fund or account whose name is changed pursuant to the provisions of this act; and
(b) An officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
Sec. 38. 1. Any balance remaining in the Bullying Prevention Account created by NRS 388.1325, the Account for Instruction in Financial Literacy created by NRS 388.895, the Account for Computer Education and Technology created by NRS 391.369, the Grant Fund for Incentives for Licensed Educational Personnel created by NRS 391A.400 or the Great Teaching and Leading Fund created by NRS 391A.500 that has not been committed for expenditure before July 1, 2021, must be reverted to the State General Fund.
2. Any balance remaining in the Educational Trust Account created by NRS 120A.610 that has not been committed for expenditure before July 1, 2021, must be transferred to the State Education Fund.
Sec. 39. NRS 387.1216, 388.1325, 388.895, 391.369, 391A.400, 391A.500, 391A.505, 391A.510 and 391A.515 are hereby repealed.
Sec. 40. 1. This section and section 36 of this act become effective upon passage and approval.
2. Sections 1 to 35, inclusive, 37, 38 and 39 of this act become effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 1141κ
Assembly Bill No. 139Assemblymen Yeager; and Gorelow
Joint Sponsor: Senator Scheible
CHAPTER 239
[Approved: May 31, 2021]
AN ACT relating to local governments; authorizing the governing body of a county or city to transfer money from certain enterprise funds to pay the costs for constructing one or more fire stations; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires, under certain circumstances, a local government to create an enterprise fund exclusively for building permit fees and fees imposed for the issuance of barricade permits and encroachment permits. Under existing law, money in such an enterprise fund must not be used for any purpose other than the actual direct and indirect costs of the program for the issuance of barricade permits, encroachment permits and building permits, including the cost of checking plans, issuing permits, inspecting buildings and administering the program. (NRS 354.59891)
Section 1 of this bill authorizes the governing body of a county or city to transfer money from the enterprise fund to pay the capital costs of constructing one or more fire stations if: (1) the transfer does not cause the balance of the unreserved working capital in the enterprise fund to be less than 50 percent of the annual operating costs and capital expenditures for the program for the issuance of barricade permits, encroachment permits and building permits; and (2) the governing body finds that the construction of the fire station is necessary based on an analysis of the need for infrastructure prepared between January 1, 2020, and December 31, 2021. Section 1 also creates an exception to the requirement for the county or city to reduce the fees it charges for barricade permits, encroachment permits and building permits when the balance in the enterprise fund exceeds a certain amount. Section 1 further: (1) prohibits the transfer of money from the enterprise fund after December 31, 2021; (2) prohibits money transferred from the enterprise fund from being committed for expenditure after December 31, 2023; and (3) requires any portion of such money remaining to be reverted to the enterprise fund on January 1, 2024.
Section 2 of this bill indicates the placement of section 1 in the Nevada Revised Statutes.
Sections 3 and 4 of this bill create exceptions to existing provisions that restrict the transfer and use of money from an enterprise fund.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 354 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The governing body of a county or city that has created an enterprise fund pursuant to NRS 354.59891 may transfer an amount of money from the enterprise fund to pay the capital costs of constructing one or more fire stations if:
κ2021 Statutes of Nevada, Page 1142 (CHAPTER 239, AB 139)κ
(a) The transfer from the enterprise fund does not cause the balance of unreserved working capital in the enterprise fund to be less than 50 percent of the annual operating costs and capital expenditures for the program for the issuance of barricade permits, encroachment permits and building permits; and
(b) The governing body finds that the construction of the fire station is necessary based on an analysis of the need for infrastructure prepared pursuant to NRS 278.02591 between January 1, 2020, and December 31, 2021.
2. Money transferred from an enterprise fund pursuant to subsection 1 must only be used to pay the capital costs of constructing one or more fire stations.
3. The provisions of subsection 6 of NRS 354.59891 do not apply to a county or city that uses money from the enterprise fund to the extent that the excess of the amount authorized pursuant to paragraph (d) of subsection 4 of NRS 354.59891 is transferred from the enterprise fund to pay the capital costs of constructing a fire station pursuant to subsection 1.
4. No money may be transferred from an enterprise fund pursuant to subsection 1 after December 31, 2021. Any remaining balance of the money transferred from the enterprise fund pursuant to subsection 1 must not be committed for expenditure after December 31, 2023, and any portion of the money remaining must be reverted to the enterprise fund on January 1, 2024.
Sec. 2. NRS 354.470 is hereby amended to read as follows:
354.470 NRS 354.470 to 354.626, inclusive, and section 1 of this act may be cited as the Local Government Budget and Finance Act.
Sec. 3. NRS 354.59891 is hereby amended to read as follows:
354.59891 1. As used in this section:
(a) Barricade permit means the official document issued by the building officer of a local government which authorizes the placement of barricade appurtenances or structures within a public right-of-way.
(b) Building permit means the official document or certificate issued by the building officer of a local government which authorizes the construction of a structure.
(c) Building permit basis means the combination of the rate and the valuation method used to calculate the total building permit fee.
(d) Building permit fee means the total fees that must be paid before the issuance of a building permit, including, without limitation, all permit fees and inspection fees. The term does not include, without limitation, fees relating to water, sewer or other utilities, residential construction tax, tax for the improvement of transportation imposed pursuant to NRS 278.710, any fee imposed pursuant to NRS 244.386 or 268.4413 or any amount expended to change the zoning of the property.
(e) Current asset means any cash maintained in an enterprise fund and any interest or other income earned on the money in the enterprise fund that, at the end of the current fiscal year, is anticipated by a local government to be consumed or converted into cash during the next ensuing fiscal year.
(f) Current liability means any debt incurred by a local government to provide the services associated with issuing building permits that, at the end of the current fiscal year, is determined by the local government to require payment within the next ensuing fiscal year.
κ2021 Statutes of Nevada, Page 1143 (CHAPTER 239, AB 139)κ
(g) Encroachment permit means the official document issued by the building officer of a local government which authorizes construction activity within a public right-of-way.
(h) Operating cost means the amount paid by a local government for supplies, services, salaries, wages and employee benefits to provide the services associated with issuing building permits.
(i) Working capital means the excess of current assets over current liabilities, as determined by the local government at the end of the current fiscal year.
2. Except as otherwise provided in subsections 3 and 4, a local government shall not increase its building permit basis by more than an amount equal to the building permit basis on June 30, 1989, multiplied by a percentage equal to the percentage increase in the Western Urban Nonseasonally Adjusted Consumer Price Index, as published by the United States Department of Labor, from January 1, 1988, to the January 1 next preceding the fiscal year for which the calculation is made.
3. A local government may submit an application to increase its building permit basis by an amount greater than otherwise allowable pursuant to subsection 2 to the Nevada Tax Commission. The Nevada Tax Commission may allow the increase only if it finds that:
(a) Emergency conditions exist which impair the ability of the local government to perform the basic functions for which it was created; or
(b) The building permit basis of the local government is substantially below that of other local governments in the State and the cost of providing the services associated with the issuance of building permits in the previous fiscal year exceeded the total revenue received from building permit fees, excluding any amount of residential construction tax collected, for that fiscal year.
4. Upon application by a local government, the Nevada Tax Commission shall exempt the local government from the limitation on the increase of its building permit basis if:
(a) The local government creates an enterprise fund pursuant to NRS 354.612 exclusively for building permit fees, fees imposed for the issuance of barricade permits and fees imposed for encroachment permits; and
(b) Except as otherwise provided in section 1 of this act:
(1) The purpose of the enterprise fund is to recover the costs of operating the activity for which the fund was created, including overhead;
[(c)] (2) Any interest or other income earned on the money in the enterprise fund is credited to the enterprise fund;
[(d)] (3) The local government maintains a balance of unreserved working capital in the enterprise fund that does not exceed 50 percent of the annual operating costs and capital expenditures for the program for the issuance of barricade permits, encroachment permits and building permits of the local government, as determined by the annual audit of the local government conducted pursuant to NRS 354.624; and
[(e)] (4) The local government does not use any of the money in the enterprise fund for any purpose other than the actual direct and indirect costs of the program for the issuance of barricade permits, encroachment permits and building permits, including, without limitation, the cost of checking plans, issuing permits, inspecting buildings and administering the program. The Committee on Local Government Finance shall adopt regulations governing the permissible expenditures from an enterprise fund pursuant to this [paragraph.] subparagraph.
κ2021 Statutes of Nevada, Page 1144 (CHAPTER 239, AB 139)κ
5. Any amount in an enterprise fund created pursuant to this section that is designated for special use, including, without limitation, prepaid fees and any other amount subject to a contractual agreement, must be identified as a restricted asset and must not be included as a current asset in the calculation of working capital.
6. [If] Except as otherwise provided in section 1 of this act, if a balance in excess of the amount authorized pursuant to subparagraph (3) of paragraph [(d)] (b) of subsection 4 is maintained in an enterprise fund created pursuant to this section at the close of 2 consecutive fiscal years, the local government shall reduce the fees for barricade permits, encroachment permits and building permits it charges by an amount that is sufficient to ensure that the balance in the enterprise fund at the close of the fiscal year next following those 2 consecutive fiscal years does not exceed the amount authorized pursuant to subparagraph (3) of paragraph [(d)] (b) of subsection 4.
Sec. 4. NRS 354.613 is hereby amended to read as follows:
354.613 1. Except as otherwise provided in this section [,] and section 1 of this act, the governing body of a local government may, on or after July 1, 2011, loan or transfer money from an enterprise fund, money collected from fees imposed for the purpose for which an enterprise fund was created or any income or interest earned on money in an enterprise fund only if the loan or transfer is made:
(a) In accordance with a medium-term obligation issued by the recipient in compliance with the provisions of chapter 350 of NRS, the loan or transfer is proposed to be made and the governing body approves the loan or transfer under a nonconsent item that is separately listed on the agenda for a regular meeting of the governing body, and:
(1) The money is repaid in full to the enterprise fund within 5 years; or
(2) If the recipient will be unable to repay the money in full to the enterprise fund within 5 years, the recipient notifies the Committee on Local Government Finance of:
(I) The total amount of the loan or transfer;
(II) The purpose of the loan or transfer;
(III) The date of the loan or transfer; and
(IV) The estimated date that the money will be repaid in full to the enterprise fund;
(b) To pay the expenses related to the purpose for which the enterprise fund was created;
(c) For a cost allocation for employees, equipment or other resources related to the purpose of the enterprise fund which is approved by the governing body under a nonconsent item that is separately listed on the agenda for a regular meeting of the governing body; or
(d) Upon the dissolution of the enterprise fund.
2. Except as otherwise provided in this section, the governing body of a local government may increase the amount of any fee imposed for the purpose for which an enterprise fund was created only if the governing body approves the increase under a nonconsent item that is separately listed on the agenda for a regular meeting of the governing body, and the governing body determines that:
(a) The increase is not prohibited by law;
(b) The increase is necessary for the continuation or expansion of the purpose for which the enterprise fund was created; and
κ2021 Statutes of Nevada, Page 1145 (CHAPTER 239, AB 139)κ
(c) All fees that are deposited in the enterprise fund are used solely for the purposes for which the fees are collected.
3. Upon the adoption of an increase in any fee pursuant to subsection 2, the governing body shall, except as otherwise provided in this subsection, provide to the Department of Taxation an executed copy of the action increasing the fee. This requirement does not apply to the governing body of a federally regulated airport.
4. The provisions of subsection 2 do not limit the authority of the governing body of a local government to increase the amount of any fee imposed upon a public utility in compliance with the provisions of NRS 354.59881 to 354.59889, inclusive, for a right-of-way over any public area if the public utility is billed separately for that fee. As used in this subsection, public utility has the meaning ascribed to it in NRS 354.598817.
5. This section must not be construed to:
(a) Prohibit a local government from increasing a fee or using money in an enterprise fund to repay a loan lawfully made to the enterprise fund from another fund of the local government; or
(b) Prohibit or impose any substantive or procedural limitations on any increase of a fee that is necessary to meet the requirements of an instrument that authorizes any bonds or other debt obligations which are secured by or payable from, in whole or in part, money in the enterprise fund or the revenues of the enterprise for which the enterprise fund was created.
6. The Department of Taxation shall provide to the Committee on Local Government Finance a copy of each report submitted to the Department on or after July 1, 2011, by a county or city pursuant to NRS 354.6015. The Committee shall:
(a) Review each report to determine whether the governing body of the local government is in compliance with the provisions of this section; and
(b) On or before January 15 of each odd-numbered year, submit a report of its findings to the Director of the Legislative Counsel Bureau for transmittal to the Legislature.
7. A fee increase imposed in violation of this section must not be invalidated on the basis of that violation. The sole remedy for a violation of this section is the penalty provided in NRS 354.626. Any person who pays a fee for the enterprise for which the enterprise fund is created may file a complaint with the district attorney or Attorney General alleging a violation of this section for prosecution pursuant to NRS 354.626.
8. For the purposes of paragraph (c) of subsection 1, the Committee on Local Government Finance shall adopt regulations setting forth the extent to which general, overhead, administrative and similar expenses of a local government of a type described in paragraph (c) of subsection 1 may be allocated to an enterprise fund. The regulations must require that:
(a) Each cost allocation makes an equitable distribution of all general, overhead, administrative and similar expenses of the local government among all activities of the local government, including the activities funded by the enterprise fund; and
(b) Only the enterprise funds equitable share of those expenses may be treated as expenses of the enterprise fund and allocated to it pursuant to paragraph (c) of subsection 1.
9. Except as otherwise provided in subsections 10 and 11, if a local government has subsidized its general fund with money from an enterprise fund for the 5 fiscal years immediately preceding the fiscal year beginning on July 1, 2011, the provisions of subsection 1 do not apply to transfers from the enterprise fund to the general fund of the local government for the purpose of subsidizing the general fund if the local government:
κ2021 Statutes of Nevada, Page 1146 (CHAPTER 239, AB 139)κ
on July 1, 2011, the provisions of subsection 1 do not apply to transfers from the enterprise fund to the general fund of the local government for the purpose of subsidizing the general fund if the local government:
(a) Does not increase the amount of the transfers to subsidize the general fund in any fiscal year beginning on or after July 1, 2011, above the amount transferred in the fiscal year ending on June 30, 2011, except for loans and transfers that comply with the provisions of subsection 1; and
(b) Does not, on or after July 1, 2011, increase any fees for any enterprise fund used to subsidize the general fund except for increases described in paragraph (b) of subsection 5.
10. On and after July 1, 2021, the provisions of subsection 1 apply to transfers from an enterprise fund described in subsection 9 to the general fund of a local government for the purpose of subsidizing the general fund unless:
(a) On or before July 1, 2018, the Committee on Local Government Finance has approved a plan adopted by the governing body of the local government to eliminate transfers from an enterprise fund to subsidize the general fund of the local government that are not made in compliance with subsection 1, which must include, without limitation, a plan to reduce, by at least 3.3 percent each fiscal year during the term of the plan, the amount of the transfers from the enterprise fund to the general fund of the local government for the purpose of subsidizing the general fund; and
(b) In accordance with the plan approved by the Committee on Local Government Finance pursuant to paragraph (a), for each fiscal year during the term of the plan, the local government reduces by at least 3.3 percent the amount of the transfers from the enterprise fund to the general fund of the local government for the purpose of subsidizing the general fund.
11. Each plan approved by the Committee on Local Government Finance pursuant to subsection 10 is subject to annual review by the Committee.
12. After the expiration of the term of a plan approved by the Committee on Local Government Finance pursuant to subsection 10, the provisions of subsection 1 apply to the local government that adopted the plan.
13. The provisions of this section do not apply to an enterprise fund created by the governing body of a local government for the purpose of providing telecommunication services pursuant to the provisions of NRS 710.010 to 710.159, inclusive.
Sec. 4.5. (Deleted by amendment.)
Sec. 5. 1. This act becomes effective upon passage and approval.
2. Sections 1 to 4, inclusive, of this act expire by limitation on June 30, 2024.
________
κ2021 Statutes of Nevada, Page 1147κ
Assembly Bill No. 184Assemblymen Frierson and Benitez-Thompson
CHAPTER 240
[Approved: May 31, 2021]
AN ACT relating to small businesses; temporarily creating the Office of Small Business Advocacy within the Office of the Lieutenant Governor; setting forth the powers and duties of the Office of Small Business Advocacy; authorizing the Office of Small Business Advocacy to accept gifts, grants and contributions; providing that the records of the Office of Small Business Advocacy are confidential; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Lieutenant Governor to perform certain duties relating to economic development. (NRS 231.033) Section 8 of this bill creates the Office of Small Business Advocacy within the Office of the Lieutenant Governor and authorizes state agencies to cooperate with and assist the Office of Small Business Advocacy. Section 8 authorizes the Lieutenant Governor to employ any necessary personnel within the limits of money available other than from the State General Fund for this purpose. Section 9 of this bill requires the Office of Small Business Advocacy to provide certain information to small businesses and to coordinate with certain state agencies and local governments to facilitate interactions between such entities and small businesses. Section 10 of this bill requires the Office of Small Business Advocacy to: (1) receive, review and attempt to resolve a complaint from a small business; (2) compile and analyze data on such complaints; (3) assist small businesses to understand their rights and responsibilities; (4) provide certain information regarding small businesses to the public, governmental agencies and the Legislature; (5) analyze, monitor and make recommendations concerning laws, regulations and policies relating to small businesses; and (6) disseminate certain information to small businesses. Section 11 of this bill authorizes, with certain exceptions, the Office of Small Business Advocacy to review a request for assistance made by a small business regarding an interaction with a state agency. Section 12 of this bill prescribes the protocol for the Office of Small Business Advocacy to follow when it receives a request for assistance from a small business. Section 13 of this bill authorizes the Office of Small Business Advocacy to establish and maintain an education course for small businesses. Section 14 of this bill: (1) creates the Account for Small Business Advocacy in the State General Fund; (2) authorizes the Office of Small Business Advocacy to accept gifts, grants and contributions for deposit in the Account; and (3) requires that money in the Account only be used to carry out the provisions governing the Office and to defray expenses incurred by the Office in the discharge of its duties. Section 15 of this bill requires the Lieutenant Governor to report to the Legislature concerning the activities and effectiveness of the Office of Small Business Advocacy. Sections 16 and 18 of this bill provide that the records, files and communications of the Office of Small Business Advocacy are confidential and are not public records. Section 20 of this bill provides that the provisions of this bill expire by limitation on June 30, 2023.
κ2021 Statutes of Nevada, Page 1148 (CHAPTER 240, AB 184)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 224 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 17, inclusive, of this act.
Sec. 2. As used in sections 2 to 17, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Business means any corporation, partnership, company, cooperative, sole proprietorship or other legal entity organized or operating for pecuniary or nonpecuniary gain.
Sec. 4. Local government means a political subdivision of the State, including, without limitation, a county, city, irrigation district, water district or water conservancy district.
Sec. 5. Office of Small Business Advocacy means the Office of Small Business Advocacy created by section 8 of this act within the Office of the Lieutenant Governor.
Sec. 6. Small business means a prospective, new or established business with not more than 100 employees that is or will be located in this State.
Sec. 7. State agency means an agency, bureau, board, commission, department, division or any other unit of the Executive Department of the State Government.
Sec. 8. 1. The Office of Small Business Advocacy is hereby created within the Office of the Lieutenant Governor.
2. The Lieutenant Governor may, within the limits of money available other than from the State General Fund for such purpose, employ such personnel as are necessary to perform the functions and duties of the Office of Small Business Advocacy set forth in sections 2 to 17, inclusive, of this act. To be employed by the Lieutenant Governor pursuant to this section, a person must have the necessary training and experience to perform the duties for which he or she is hired. An employee of the Office of Small Business Advocacy is in the unclassified service of the State and serves at the pleasure of the Lieutenant Governor.
3. A state agency may cooperate with and assist the Office of Small Business Advocacy in the performance of its duties and functions.
Sec. 9. The Office of Small Business Advocacy shall:
1. Refer a small business with an inquiry relating to any aspect of starting, operating or winding up a small business to an appropriate resource to assist the small business;
2. Work with small businesses and local governments to:
(a) Facilitate interactions between a small business and a local government, including, without limitation, resolving issues that arise in the administrative, regulatory and enforcement functions of the local government with respect to small businesses; and
κ2021 Statutes of Nevada, Page 1149 (CHAPTER 240, AB 184)κ
(b) Identify and recommend any improvement to the processes and functions of local governments with respect to interactions between small businesses and local governments, including, without limitation, by conducting general studies, holding conferences and meetings and making inquiries;
3. Assist state agencies with regulatory authority over small businesses to ensure a small business is able to provide comment or feedback on any interaction the small business has with a state agency; and
4. Coordinate with state agencies to:
(a) Facilitate interactions between small businesses and state agencies;
(b) Develop processes that ensure a small business receives a timely response to any inquiry or request made to a state agency;
(c) Resolve issues that arise in the administrative, regulatory or enforcement functions of a state agency with respect to small businesses; and
(d) Identify and recommend efficient, responsive and nonretaliatory procedures for:
(1) Receiving comments or feedback from a small business regarding an interaction with a state agency;
(2) Promoting and facilitating the participation of a small business in general studies, conferences, inquiries and meetings that would improve the function of a state agency with regulatory authority over small businesses;
(3) Identifying causes of unnecessary delays, inconsistencies and inefficient uses of state resources in the administrative, regulatory and enforcement functions of a state agency with respect to small businesses; and
(4) Making recommendations for resolving an issue or dispute that arises from an interaction between a state agency and a small business.
Sec. 10. The Office of Small Business Advocacy shall:
1. Receive, review and attempt to resolve any complaint from a small business.
2. Compile and analyze data on complaints from small businesses.
3. Assist small businesses to understand their rights and responsibilities.
4. Provide information to the public, governmental agencies and the Legislature regarding the problems and concerns of small businesses and make recommendations for resolving those problems and concerns.
5. Analyze and monitor the development and implementation of federal, state and local laws, regulations and policies relating to small businesses and recommend any changes the Office of Small Business Advocacy deems necessary.
6. Disseminate information to small businesses concerning the availability of the Office of Small Business Advocacy to assist small businesses with any concerns relating to small businesses.
7. Take any other actions necessary to fulfill the duties of the Office of Small Business Advocacy as set forth in this section.
κ2021 Statutes of Nevada, Page 1150 (CHAPTER 240, AB 184)κ
Sec. 11. 1. Except as otherwise provided in subsection 2, the Office of Small Business Advocacy may review any request for assistance filed by a small business relating to an interaction with a state agency relating to the small business.
2. The Office of Small Business Advocacy shall not take action on a request for assistance made pursuant to subsection 1 if the Office of Small Business Advocacy determines that:
(a) The person who filed the request for assistance could reasonably be expected to pursue, or is pursuing, an alternative remedy or recourse;
(b) The request for assistance relates to a matter outside the jurisdiction of the Office of Small Business Advocacy;
(c) The request for assistance was not filed in a timely manner, as determined by the Office of Small Business Advocacy;
(d) The person who filed the request for assistance does not have a sufficient personal interest in or is not personally aggrieved or affected by the subject matter of the request;
(e) The request for assistance is trivial, frivolous, vexatious or not made in good faith;
(f) The resources of the Office of Small Business Advocacy are insufficient for adequate review of the request for assistance; or
(g) The request for assistance is the subject of pending litigation, a pending contested case, as defined in NRS 233B.032, a proceeding pursuant to chapter 233B of NRS or an agency action that could result in a contested case proceeding pursuant to chapter 233B of NRS.
3. Not later than 30 days after receipt of a request for assistance made pursuant to subsection 1, the Office of Small Business Advocacy shall notify the person who filed the request whether the Office of Small Business Advocacy will provide assistance to the person.
4. If the Office of Small Business Advocacy undertakes the review of a request for assistance made pursuant to subsection 1, the Office of Small Business Advocacy:
(a) May make recommendations to a state agency for the resolution of the issues set forth in the request for assistance;
(b) May contact and discuss the issues with the administrative head of a state agency, the Governor or a member of the public for the purposes of obtaining the cooperation and assistance of a state agency with the review of the request for assistance;
(c) Shall inform the complainant of the status of the review upon request; and
(d) Shall, upon the conclusion of the review:
(1) Prepare a preliminary report regarding the review, including, without limitation, the conclusion reached by the Office of Small Business Advocacy and recommendations for the resolution of the issues, if any;
(2) Provide any state agency named in the request for assistance with a copy of the preliminary report prepared pursuant to subparagraph (1) indicating that the state agency may, within 15 days, submit to the Office of Small Business Advocacy a comment regarding the report;
(3) Prepare a final report that includes, without limitation, any comment submitted by an agency pursuant to subparagraph (2); and
κ2021 Statutes of Nevada, Page 1151 (CHAPTER 240, AB 184)κ
(4) Provide a copy of the final report to the Lieutenant Governor and the person who filed the request for assistance.
5. A person who files a request for assistance or who participates in a review and investigation is not subject to a penalty, sanction or restriction in connection with the employment of that person, and may not be denied any right, privilege or benefit because of the request for assistance or because of any review and investigation of such request.
Sec. 12. 1. When the Office of Small Business Advocacy receives a request for assistance from a small business, the Office of Small Business Advocacy shall:
(a) Notify the small business whether the Office of Small Business Advocacy will open a file regarding the issue not later than 30 days after receipt of the request;
(b) Inform the requester of the status of the file upon request; and
(c) Notify the requester when the file is closed.
2. The Office of Small Business Advocacy may compile statistical data regarding requests for assistance and other communications received by the Office of Small Business Advocacy from small businesses.
Sec. 13. The Office of Small Business Advocacy may establish and maintain an education course for small businesses which provides educational presentations and materials regarding small businesses.
Sec. 14. 1. The Account for Small Business Advocacy is hereby created in the State General Fund. The Lieutenant Governor shall administer the Account.
2. The Office of Small Business Advocacy may apply for and receive gifts, grants, contributions or other money from governmental and private agencies, affiliated associations and other persons for deposit in the Account.
3. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.
4. Any money remaining in the Account at the end of each fiscal year does not revert to the State General Fund, but must be carried forward to the next fiscal year.
5. The money in the Account may only be used to carry out the provisions of sections 2 to 17, inclusive, of this act and to defray expenses incurred by the Office of Small Business Advocacy in the discharge of its duties.
Sec. 15. On or before February 1 of each odd-numbered year, the Lieutenant Governor shall submit to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report concerning:
1. The implementation of sections 2 to 17, inclusive, of this act; and
2. The overall effectiveness of the Office of Small Business Advocacy.
Sec. 16. All records, files and communications of the Office of Small Business Advocacy made or received pursuant to sections 2 to 17, inclusive, of this act are confidential and not a public record.
Sec. 17. The Lieutenant Governor may adopt any regulations necessary to carry out the provisions of sections 2 to 17, inclusive, of this act.
κ2021 Statutes of Nevada, Page 1152 (CHAPTER 240, AB 184)κ
Sec. 18. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 437.145, 437.207, 439.4941, 439.840, 439.914, 439B.420, 439B.754, 439B.760, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659,
κ2021 Statutes of Nevada, Page 1153 (CHAPTER 240, AB 184)κ
483.800, 484A.469, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2673, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.3415, 632.405, 633.283, 633.301, 633.4715, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.221, 641.325, 641A.191, 641A.262, 641A.289, 641B.170, 641B.282, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 16 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, 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 1154 (CHAPTER 240, AB 184)κ
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. 19. 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. 20. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 19, inclusive, of this act:
(a) Become effective:
(1) 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
(2) On July 1, 2021, for all other purposes.
(b) Expire by limitation on June 30, 2023.
________
κ2021 Statutes of Nevada, Page 1155κ
Assembly Bill No. 235Assemblywoman Brittney Miller
CHAPTER 241
[Approved: May 31, 2021]
AN ACT relating to education; requiring the board of trustees of a school district and the governing bodies of certain charter and private schools to provide support and assistance to certain pupils and their parents and guardians in completing the Free Application for Federal Student Aid; requiring the board of trustees of a school district and the governing bodies of certain charter and private schools to report certain information to the State Treasurer; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing federal law establishes the Free Application for Federal Student Aid to determine the need and eligibility of students for financial assistance to receive postsecondary education. (20 U.S.C. § 1090) Section 1 of this bill requires the board of trustees of a school district and the governing body of a charter school that operates as a high school to: (1) educate pupils on the importance of financial planning and completing the Free Application for Federal Student Aid and on the Nevada College Kick Start Program; (2) with certain exceptions, hold at least two annual events for pupils enrolled in grade 12 in a public school in this State and their parents and guardians at which the pupils and their parents and guardians may complete the Free Application for Federal Student Aid; and (3) coordinate with a community college, state college or university to ensure pupils and their families receive support in completing the Free Application for Federal Student Aid. Section 1 also requires the board of trustees of a school district and the governing body of a charter school to report to the State Treasurer, for pupils enrolled in grade 12: (1) the number of pupils or the parents or guardians of pupils who attended an event; (2) the number of pupils who did not attend an event but otherwise received assistance in completing the Free Application for Federal Student Aid from the school district or charter school; (3) the number of pupils who completed the Free Application for Federal Student Aid; (4) if known, the number of pupils who were offered financial aid; (5) if known, the number of pupils who accepted financial aid; and (6) if known, the type and amount of financial aid offered to or accepted by a pupil. Section 2 of this bill imposes similar requirements on the governing body of a private school that operates as a high school.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 388 of NRS is hereby amended by adding thereto a new section to read as follows:
1. On or before September 30 of each year, the board of trustees of a school district and the governing body of a charter school that operates as a high school shall ensure that pupils receive:
(a) Education about the importance and value of financial planning and completing the Free Application for Federal Student Aid provided for by 20 U.S.C. § 1090, including, without limitation, that financial aid can be used for attending an online, trade or vocational school and information on what financial aid is available for pupils with the legal right to live in the United States pursuant to any federal law, regulation or internal policy or program of a federal agency or department and undocumented pupils;
κ2021 Statutes of Nevada, Page 1156 (CHAPTER 241, AB 235)κ
the United States pursuant to any federal law, regulation or internal policy or program of a federal agency or department and undocumented pupils;
(b) Information regarding the events at the high school in which the pupil is enrolled to complete or receive assistance in completing the Free Application for Federal Student Aid provided for by 20 U.S.C. § 1090 held pursuant to subsection 3;
(c) Any information a pupil needs to bring to an event held pursuant to subsection 3 to complete the Free Application for Federal Student Aid; and
(d) Information to encourage pupils enrolled in grade 12 to register for an account and identification number to complete the Free Application for Federal Student Aid provided for by 20 U.S.C. § 1090, including, without limitation, hyperlinks to appropriate Internet websites, notice regarding opportunities to register during the school day and notice that pupils and their parents or legal guardians need separate accounts.
2. On or before September 30 of each year, the board of trustees of a school district and the governing body of a charter school that enrolls pupils in grade 4 or grade 12 shall ensure that such pupils and the parents or legal guardians of such pupils receive information on the Nevada College Kick Start Program established pursuant to NRS 353B.335.
3. Except as otherwise provided in this subsection, the board of trustees of a school district and the governing body of a charter school that operates as a high school shall hold at least two annual events at each high school within the school district and each charter school, as applicable, one in the first week of October and one at the end of February, at which pupils enrolled in grade 12 and their parents or guardians may complete, or receive assistance in completing, the Free Application for Federal Student Aid provided for by 20 U.S.C. § 1090. The high school where the event is held shall provide access to technology, including, without limitation, a computer lab, to assist pupils and their parents or guardians with completing the Free Application for Federal Student Aid. An event held pursuant to this subsection may be attended by a pupil enrolled in the high school or charter school and his or her family. The board of trustees of a school district that is located in a county whose population is less than 100,000 may:
(a) Hold one annual event pursuant to this subsection if, based on the number of pupils enrolled in the school district, the board of trustees believes that one event is sufficient to meet the needs of the school district; or
(b) Offer an annual event or other assistance to complete the Free Application for Federal Student Aid provided for by 20 U.S.C. § 1090 through the use of information and audio-visual communication technology, if appropriate.
4. The board of trustees of a school district and the governing body of a charter school that operates as a high school shall coordinate with a community college, state college or university to ensure that pupils enrolled in grade 12 and their families receive assistance and support to complete the Free Application for Federal Student Aid provided for by 20 U.S.C. § 1090, including, without limitation, ensuring staff of a community college, state college or university are present at both events held pursuant to subsection 3.
5. On or before July 1 of each year, the board of trustees of a school district and the governing body of a charter school that operates as a high school shall report to the State Treasurer, for pupils enrolled in grade 12:
κ2021 Statutes of Nevada, Page 1157 (CHAPTER 241, AB 235)κ
(a) The total number of pupils or the parents or guardians of pupils who attended the events held pursuant to subsection 3;
(b) The number of pupils who did not attend an event held pursuant to subsection 3 but otherwise received assistance in completing the Free Application for Federal Student Aid from the school district or charter school;
(c) The number of pupils who completed the Free Application for Federal Student Aid, including, without limitation, if known, the number of pupils who completed the Free Application for Federal Student Aid on their own and the number of pupils who completed the Free Application for Federal Student Aid with assistance from the school in which the pupil is enrolled or through assistance from an event held pursuant to subsection 3; and
(d) If known, as a result of completing the Free Application for Federal Student Aid:
(1) The number of pupils who were offered financial aid;
(2) The number of pupils who accepted financial aid; and
(3) The type and amount of financial aid offered to or accepted by a pupil.
Sec. 2. Chapter 394 of NRS is hereby amended by adding thereto a new section to read as follows:
1. On or before September 30 of each year, the governing body of a private school that operates as a high school shall ensure that pupils receive:
(a) Education about the importance and value of financial planning and completing the Free Application for Federal Student Aid provided for by 20 U.S.C. § 1090, including, without limitation, that financial aid can be used for attending an online, trade or vocational school and information on what financial aid is available for pupils with the legal right to live in the United States pursuant to any federal law, regulation or internal policy or program of a federal agency or department and undocumented pupils;
(b) Information regarding the events to complete or receive assistance in completing the Free Application for Federal Student Aid provided for by 20 U.S.C. § 1090 held pursuant to subsection 3;
(c) Any information a pupil needs to bring to an event held pursuant to subsection 3 to complete the Free Application for Federal Student Aid; and
(d) Information to encourage pupils enrolled in grade 12 to register for an account and identification number to complete the Free Application for Federal Student Aid provided for by 20 U.S.C. § 1090, including, without limitation, hyperlinks to appropriate Internet websites, notice regarding opportunities to register during the school day and notice that pupils and their parents or legal guardians need separate accounts.
2. On or before September 30 of each year, the governing body of a private school that enrolls pupils in grade 4 or grade 12 shall ensure that such pupils and the parents or legal guardians of such pupils receive information on the Nevada College Kick Start Program established pursuant to NRS 353B.335.
3. The governing body of a private school that operates as a high school shall hold at least two annual events, one in the first week of October and one at the end of February, at which pupils enrolled in grade 12 and their parents or guardians may complete, or receive assistance in completing, the Free Application for Federal Student Aid provided for by 20 U.S.C. § 1090.
κ2021 Statutes of Nevada, Page 1158 (CHAPTER 241, AB 235)κ
by 20 U.S.C. § 1090. The school where the event is held shall provide access to technology, including, without limitation, a computer lab, to assist pupils and their parents or guardians with completing the Free Application for Federal Student Aid. An event held pursuant to this subsection may be attended by a pupil enrolled in the school and his or her family.
4. The governing body of a private school that operates as a high school shall coordinate with a community college, state college or university to ensure that pupils enrolled in grade 12 and their families receive assistance and support to complete the Free Application for Federal Student Aid provided for by 20 U.S.C. § 1090, including, without limitation, ensuring staff of a community college, state college or university are present at both events held pursuant to subsection 3.
5. On or before July 1 of each year, the governing body of a private school that operates as a high school shall report to the State Treasurer, for pupils enrolled in grade 12:
(a) The total number of pupils or the parents or guardians of pupils who attended the events held pursuant to subsection 3;
(b) The number of pupils who did not attend an event held pursuant to subsection 3 but otherwise received assistance in completing the Free Application for Federal Student Aid from the school;
(c) The number of pupils who completed the Free Application for Federal Student Aid, including, without limitation, if known, the number of pupils who completed the Free Application for Federal Student Aid on their own and the number of pupils who completed the Free Application for Federal Student Aid with assistance from the school in which the pupil is enrolled or through assistance from an event held pursuant to subsection 3; and
(d) If known, as a result of completing the Free Application for Federal Student Aid:
(1) The number of pupils who were offered financial aid;
(2) The number of pupils who accepted financial aid; and
(3) The type and amount of financial aid offered to or accepted by a pupil.
Sec. 3. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 4. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 1159κ
Assembly Bill No. 231Assemblywomen Cohen and Krasner
CHAPTER 242
[Approved: May 31, 2021]
AN ACT relating to education; requiring the State Board of Education to appoint a subcommittee to review and make recommendations on the manner in which to provide certain information to pupils concerning the Holocaust and other genocides; requiring the subcommittee to review the manner in which certain standards support comprehensive education on the Holocaust; requiring the State Board to submit a report to the Legislative Committee on Education; requiring the Legislative Committee on Education to submit a report to the Legislature; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Council to Establish Academic Standards for Public Schools to establish standards of content and performance for various subjects. (NRS 389.520) Section 1 of this bill requires the State Board of Education to appoint a subcommittee to review and make recommendations on the manner in which to provide age-appropriate and historically accurate instruction relating to the Holocaust and other genocides, such as the Armenian, Cambodian, Darfur, Guatemalan and Rwandan genocides, in certain courses of study. Section 1 requires the review conducted and recommendations made by the subcommittee to include, without limitation: (1) the manner in which to modify the curricula of certain courses to include certain instruction on the Holocaust and other genocides, such as the Armenian, Cambodian, Darfur, Guatemalan and Rwandan genocides; (2) an inventory of available classroom resources for educators; (3) any professional development that may be necessary for a teacher who provides certain instruction on the Holocaust and other genocides, such as the Armenian, Cambodian, Darfur, Guatemalan and Rwandan genocides; and (4) consideration of any similar instruction provided in another state or school district.
Section 1 requires the subcommittee to review the manner in which current standards support comprehensive education on the Holocaust and other genocides, such as the Armenian, Cambodian, Darfur, Guatemalan and Rwandan genocides. Section 1 sets forth the membership of the subcommittee. Section 1 requires the State Board of Education to, on or before October 1 of each even-numbered year, submit a report to the Legislative Committee on Education. Section 1 requires the Legislative Committee on Education to consider such a report and, on or before February 1 of each odd-numbered year, prepare and submit a written report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 388 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The State Board shall create a subcommittee to review and make recommendations on the manner in which to provide age-appropriate and historically accurate instruction about the Holocaust and other genocides, such as the Armenian, Cambodian, Darfur, Guatemalan and Rwandan genocides, in social studies and language arts courses of study.
κ2021 Statutes of Nevada, Page 1160 (CHAPTER 242, AB 231)κ
2. The review conducted and any recommendations made by the subcommittee pursuant to this section must include, without limitation:
(a) The manner in which to modify the curricula of relevant courses in social studies and language arts to include the instruction described in this section;
(b) An inventory of available classroom resources for educators to meet the requirements of this section;
(c) The professional development that may be necessary or appropriate for a teacher who provides the instruction described in this section; and
(d) Consideration of any similar instruction provided in another state or school district.
3. The subcommittee shall link current standards with community resources that may assist in the implementation of the instruction described in subsection 1. The subcommittee shall review the manner in which the current standards support comprehensive education regarding the Holocaust and other genocides, such as the Armenian, Cambodian, Darfur, Guatemalan and Rwandan genocides, including, without limitation, by:
(a) Preparing pupils to confront the immorality of the Holocaust, other genocides, such as the Armenian, Cambodian, Darfur, Guatemalan and Rwandan genocides, and other acts of mass violence and to reflect on the causes of related historical events;
(b) Addressing the breadth of the history of the Holocaust, including, without limitation, the dictatorship of the Third Reich, the system of concentration camps, the persecution of both Jewish and non-Jewish people, the resistance to the Third Reich and the Holocaust by both Jewish and non-Jewish people and the various trials that occurred after the end of World War II;
(c) Developing the respect of pupils for cultural diversity and helping pupils to gain insight into the importance of international human rights for all people;
(d) Promoting the understanding of pupils of how the Holocaust contributed to the need for the term genocide and led to international legislation that recognized genocide as a crime;
(e) Communicating the impact of personal responsibility, civic engagement and societal responsiveness;
(f) Stimulating the reflection of pupils on the role and responsibility of citizens in democratic societies to combat misinformation, indifference and discrimination through the development of critical thinking skills and through tools of resistance such as protest, reform and celebration;
(g) Providing pupils with opportunities to contextualize and analyze patterns of human behavior by persons and groups who belong in one or more categories, including, without limitation, perpetrator, collaborator, bystander, victim and rescuer;
(h) Enabling pupils to understand the ramifications of prejudice, racism and stereotyping;
(i) Preserving the memories of survivors of genocide and providing opportunities for pupils to discuss and honor the cultural legacies of survivors;
(j) Providing pupils with a foundation for examining the history of discrimination in this State;
κ2021 Statutes of Nevada, Page 1161 (CHAPTER 242, AB 231)κ
(k) Including in curricula the use of personal narratives and multimedia primary source materials, which may include, without limitation, video testimony, photographs, artwork, diary entries, letters, government documents, maps and poems; and
(l) Exploring the various mechanisms of transitional and restorative justice that help humanity move forward in the aftermath of genocide.
4. The subcommittee must be composed of the Superintendent of Public Instruction, or his or her designee, and the following members appointed by the Superintendent:
(a) Three members representing the Governors Advisory Council on Education Relating to the Holocaust created by NRS 233G.020;
(b) Three members representing nonprofit organizations that have developed curricula regarding the Holocaust for use in public schools;
(c) At least one member representing a school district in which 60,000 or more pupils are enrolled;
(d) At least one member representing a school district in which fewer than 60,000 pupils are enrolled;
(e) At least one member representing a charter school located in this State;
(f) At least one member representing nonprofit organizations that have developed curricula for use in public schools regarding the Armenian genocide; and
(g) At least one member representing nonprofit organizations that have developed curricula for use in public schools regarding genocides other than the Holocaust and the Armenian genocide.
5. On or before October 1 of each even-numbered year, the State Board shall report its findings and any recommendations to the Legislative Committee on Education, including, without limitation, any recommendations made by the subcommittee pursuant to subsection 1, as well as any actions the State Board has taken or intends to take to include the instruction in the relevant courses pursuant to subsection 2.
6. On or before February 1 of each odd-numbered year, the Legislative Committee on Education shall consider the report submitted by the State Board and prepare and submit a written report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature concerning the Committees consideration of the matters described in this section and any recommendations for legislation to ensure the instruction described in this section is included in the curricula for the relevant courses.
7. As used in this section:
(a) Genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group and includes, without limitation, genocides and other acts of mass atrocities identified by the United States Holocaust Memorial Museum:
(1) Killing members of the group;
(2) Causing serious bodily or mental harm to members of the group;
(3) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(4) Imposing measures intended to prevent births within the group; and
(5) Forcibly transferring children of the group to another group.
κ2021 Statutes of Nevada, Page 1162 (CHAPTER 242, AB 231)κ
(b) Holocaust means the systematic, bureaucratic, state-sponsored persecution and murder of approximately 6,000,000 Jewish persons and 5,000,000 other persons by the Nazi regime and its collaborators.
Secs. 2-5. (Deleted by amendment.)
Sec. 6. 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. 7. This act becomes effective on July 1, 2021.
________
Assembly Bill No. 325Assemblymen Kasama, Titus, Leavitt, Dickman, Ellison; Hafen, Hardy, Krasner, Matthews, McArthur, ONeill, Roberts, Tolles and Wheeler
Joint Sponsors: Senators Buck and Seevers Gansert
CHAPTER 243
[Approved: May 31, 2021]
AN ACT relating to records; authorizing the submission of a certified paper copy of an electronic document to certain county recorders; prescribing a certificate sufficient for certifying that a paper copy is a true and correct copy of an electronic document; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires a county recorder to receive, record and index certain documents. Such documents must generally be submitted to a county recorder as a paper document. (Chapter 247 of NRS) Existing law authorizes a county recorder to receive, record, store, index, archive and transmit electronic documents in addition to paper documents. (NRS 111.366-111.3697, 247.115) Section 1 of this bill authorizes the submission of a certified paper copy of an electronic document for recording to a county recorder who has elected to receive and record electronic documents. Section 2 of this bill prescribes a certificate sufficient for certifying that a paper copy is a true and correct copy of an electronic document. Sections 4-6 of this bill make conforming changes to indicate the proper placement of section 2 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. Chapter 247 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a law requires, as a condition for recording, that a document:
(a) Be an original, be on paper or another tangible medium, or be in writing; or
(b) Be signed,
κ2021 Statutes of Nevada, Page 1163 (CHAPTER 243, AB 325)κ
Κ the requirement is satisfied by a certified paper copy of an electronic document that satisfies the provisions of NRS 111.366 to 111.3697, inclusive.
2. This section allows a person to submit a certified paper copy of an electronic document for recording only if a county recorder has elected to accept electronic documents for recording pursuant to NRS 247.115.
Sec. 2. Chapter 240 of NRS is hereby amended by adding thereto a new section to read as follows:
Upon compliance with the requirements of NRS 240.199, the following certificate is sufficient for certifying that a paper document is a true and correct copy of an electronic document:
State of Nevada
County of......................................
I certify that this is a true and correct copy of an electronic document printed by me or under my supervision. I further certify that, at the time of printing, no security features present on the electronic document indicated any changes or errors in an electronic signature or other information in the electronic document since its creation or execution.
Dated..........................................
..............................................................
(Signature of notarial officer)
(Seal, if any)
..............................................................
(Title and rank (optional))
Sec. 3. (Deleted by amendment.)
Sec. 4. NRS 240.181 is hereby amended to read as follows:
240.181 NRS 240.181 to 240.206, inclusive, and section 2 of this act may be cited as the Electronic Notarization Enabling Act.
Sec. 5. NRS 240.182 is hereby amended to read as follows:
240.182 As used in NRS 240.181 to 240.206, inclusive, and section 2 of this act, unless the context otherwise requires, the words and terms defined in NRS 240.1821 to 240.1882, inclusive, have the meanings ascribed to them in those sections.
Sec. 6. NRS 240.189 is hereby amended to read as follows:
240.189 An electronic notary public shall comply with those provisions of NRS 240.001 to 240.169, inclusive, which are not inconsistent with NRS 240.181 to 240.206, inclusive [.] , and section 2 of this act. To the extent that the provisions of NRS 240.001 to 240.169, inclusive, conflict with the provisions of NRS 240.181 to 240.206, inclusive, and section 2 of this act, the provisions of NRS 240.181 to 240.206, inclusive, and section 2 of this act control.
Sec. 7. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 1164κ
Senate Bill No. 305Senator Hammond
CHAPTER 244
[Approved: May 31, 2021]
AN ACT relating to health care; prohibiting certain providers of medical or related services from taking certain actions relating to organ transplants solely on the basis of a persons disability; limiting the extent to which such a provider is authorized to consider a persons disability when making recommendations or decisions concerning an organ transplant; requiring such a provider to take certain actions to provide a person with a disability access to any service provided by the provider related to an organ transplant; authorizing a person aggrieved by the failure of such a provider to comply with certain requirements to institute a civil action for injunctive or other appropriate relief; prohibiting an insurer from taking certain actions related to an organ transplant because the insured is a person with a disability; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing federal law prohibits discrimination on the basis of a disability in places of public accommodation. Existing federal law defines public accommodation to include certain private entities, including a professional office of a health care provider, hospital or other service establishment. (42 U.S.C. §§ 12101 et seq.) Existing state law similarly: (1) declares as its public policy the right of all people to have access to places of public accommodation without discrimination, distinction or restriction because of disability; and (2) makes it unlawful for places of public accommodation to discriminate against a person based on disability. (NRS 233.010, 651.050, 651.070) In alignment with federal law, existing state law defines public accommodation to include any office of a provider of health care, hospital or other service establishment. (NRS 651.050)
Section 1 of this bill defines a provider of medical or related services to mean a provider of health care, a medical facility, a facility for the dependent, the Department of Corrections, a city or county jail or any person who provides medical services to a person incarcerated in a prison or a city or county jail. Section 1: (1) prohibits a provider of medical or related services from taking certain actions relating to organ transplants solely on the basis of a persons disability; and (2) limits the extent to which a provider of medical or related services is authorized to consider a persons disability when making recommendations or decisions concerning an organ transplant. Section 1 also requires a provider of medical or related services to take certain actions to provide a person with a disability access to any service provided by the provider related to an organ transplant. Finally, section 1 authorizes a person aggrieved by the failure of a provider of medical or related services to comply with those requirements to institute a civil action for injunctive or other appropriate relief to prohibit and prevent the violation. Section 1 requires a court to give priority to such an action. Section 2 of this bill makes a conforming change to indicate the placement of section 1 in Nevada Revised Statutes.
The federal Patient Protection and Affordable Care Act (Pub. L. No. 111-148, as amended) prohibits an insurer from establishing rules that limit eligibility for a health care plan based on certain health status factors, including, without limitation, preexisting conditions, claims history or genetic information of the insured and also prohibits an insurer from charging a higher premium, deductible or copay based on those health status factors. (42 U.S.C. § 300gg-4) Existing state law similarly prohibits an insurer from denying, limiting or excluding a covered benefit or requiring an insured to pay a higher premium, deductible, coinsurance or copay based on the health status of the insured or the covered spouse or dependent of the insured.
κ2021 Statutes of Nevada, Page 1165 (CHAPTER 244, SB 305)κ
requiring an insured to pay a higher premium, deductible, coinsurance or copay based on the health status of the insured or the covered spouse or dependent of the insured. (NRS 287.010, 287.04335, 689A.032, 689B.500, 689C.190, 695A.232, 695B.183, 695C.050, 695C.1701, 695F.151, 695G.155) Sections 4-7, 9, 10, 12-14 and 17 of this bill prohibit Medicaid and all other health insurers from: (1) denying, limiting or seeking reimbursement from an insured for care related to an organ transplant because the insured is a person with a disability; (2) denying a person with a disability eligibility or continued eligibility to enroll or renew coverage to avoid providing the required coverage; (3) reducing or limiting the reimbursement or otherwise penalizing a provider of medical or related services because the provider acted in accordance with section 1; or (4) providing monetary or nonmonetary incentives for a provider of medical or related services to induce the provider to provide care in a manner inconsistent with the requirements of section 1. Sections 3, 8, 11, 15 and 16 make conforming changes to implement these requirements.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 460 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A provider of medical or related services shall not, solely on the basis of a persons disability:
(a) Determine that the person is ineligible to receive an anatomical gift;
(b) Refuse to perform any medical service or other service related to an organ transplant, including, without limitation:
(1) Referral to an organ transplant center;
(2) Diagnostic tests;
(3) Evaluation of eligibility for an organ transplant;
(4) Surgery; and
(5) Other services required for the care of a transplant patient;
(c) Refuse to place the person on a waiting list for an organ transplant if the person is otherwise a suitable candidate for a transplant; or
(d) Place the person on a waiting list for an organ transplant in a lower priority position than the position at which the person would have been placed if the person did not have a disability.
2. A provider of medical or related services may consider a persons disability when making recommendations or decisions concerning an organ transplant only to the extent that the disability has been found by a physician to be medically relevant to the organ transplant. In making such a determination, a physician shall not consider the inability of the person with a disability to independently comply with the directions of a physician regarding postoperative care to be medically relevant to the organ transplant if, in the opinion of the physician, the person will be able to comply with such directions with the assistance of a person who can reasonably be expected to support or provide service to the person with a disability.
3. Except as otherwise provided in subsection 4, a provider of medical or related services shall:
κ2021 Statutes of Nevada, Page 1166 (CHAPTER 244, SB 305)κ
(a) Make reasonable modifications to any policy, procedure or practice necessary to provide a person with a disability access to any medical service or other service provided by the provider of medical or related services that is related to an organ transplant.
(b) Take any steps necessary to ensure that a person with a disability is not denied any medical service or other service provided by the provider of medical or related services that is related to an organ transplant due to the absence of auxiliary aids or services.
(c) Communicate with a supporter named in a supported decision-making agreement pursuant to chapter 162C of NRS to assist the supporter in providing assistance to a person with a disability to gather and access information, make informed decisions and communicate decisions.
4. A provider of medical or related services is not required to comply with the requirements of:
(a) Paragraph (a) of subsection 3 if the provider of medical or related services determines that making such modifications would fundamentally alter a service.
(b) Paragraph (b) or (c) of subsection 3 if the provider of medical or related services determines that performing such actions would fundamentally alter a service or cause an undue hardship on the provider of medical or other related services.
5. Nothing in this section shall be deemed to require a provider of medical or related services to perform any medical service or other service related to an organ transplant, including, without limitation, making any referral or recommendation, that the provider of medical or related services determines is medically inappropriate.
6. A person aggrieved by a violation of this section may institute a civil action in a court of competent jurisdiction for injunctive or any other appropriate relief to prohibit and prevent the violation. A court shall give priority over other civil actions to an action brought pursuant to this subsection.
7. An injunction issued pursuant to subsection 6 does not abrogate and is in addition to any other remedies and penalties that may exist at law or in equity.
8. As used in this section:
(a) Anatomical gift has the meaning ascribed to it in NRS 451.513.
(b) Auxiliary aids or services means an aid or service that is used to ensure effective communication with a person with a disability, including, without limitation:
(1) Qualified interpreters or other effective methods of making aurally delivered information available to a person who is deaf or hard of hearing; and
(2) Qualified readers, taped texts, accessible electronic and information technology or other effective methods of making visually delivered materials available to a person who is blind.
(c) Disability has the meaning ascribed to it in 42 U.S.C. § 12102(1).
(d) Facility for the dependent has the meaning ascribed to it in NRS 449.0045.
κ2021 Statutes of Nevada, Page 1167 (CHAPTER 244, SB 305)κ
(e) Fundamentally alter means to change so significantly as to alter the essential nature of the services.
(f) Medical facility has the meaning ascribed to it in NRS 449.0151.
(g) Person who is blind has the meaning ascribed to it in NRS 426.082.
(h) Person who is deaf has the meaning ascribed to it in NRS 426.084.
(i) Physician means a physician licensed pursuant to chapter 630 or 633 of NRS.
(j) Provider of health care has the meaning ascribed to it in NRS 629.031.
(k) Provider of medical or related services means a provider of health care, a medical facility, a facility for the dependent, the Department of Corrections, a city or county jail or any person who provides medical services to a person incarcerated in a prison or a city or county jail.
(l) Supporter has the meaning ascribed to it in NRS 162C.090.
Sec. 2. NRS 460.100 is hereby amended to read as follows:
460.100 As used in NRS 460.100 to 460.150, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 460.110, 460.133 and 460.139 have the meanings ascribed to them in those sections.
Sec. 3. 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 6 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.
κ2021 Statutes of Nevada, Page 1168 (CHAPTER 244, SB 305)κ
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.
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. 4. 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.
κ2021 Statutes of Nevada, Page 1169 (CHAPTER 244, SB 305)κ
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 9 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.
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.
κ2021 Statutes of Nevada, Page 1170 (CHAPTER 244, SB 305)κ
(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. 5. 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 section 17 of this act and 695G.405, in the same manner as an insurer that is licensed pursuant to title 57 of NRS is required to comply with those provisions.
Sec. 6. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Administrator shall include in the regulations adopted pursuant to NRS 422.2368 a provision prohibiting the State from:
(a) Denying, limiting or seeking reimbursement from an insured for care related to an organ transplant because the insured is a person with a disability;
(b) Denying a person with a disability eligibility or continued eligibility to enroll or renew coverage to avoid providing coverage in accordance with this section;
(c) Reducing or limiting the reimbursement of or otherwise penalizing a provider of medical or related services because the provider of medical or related services acted in accordance with section 1 of this act; or
(d) Providing monetary or nonmonetary incentives for a provider of medical or related services to induce the provider of medical or related services to provide care to an insured in a manner inconsistent with section 1 of this act.
2. As used in this section:
(a) Disability has the meaning ascribed to it in 42 U.S.C. § 12102(1).
(b) Provider of medical or related services has the meaning ascribed to it in section 1 of this act.
Sec. 7. Chapter 689A of NRS is hereby amended by adding thereto a new section to read as follows:
1. An insurer that offers or issues a policy of health insurance that includes coverage for anatomical gifts, organ transplants or treatments or services related to an organ transplant shall not:
(a) Deny, limit or seek reimbursement from an insured for care related to an organ transplant because the insured is a person with a disability;
(b) Deny a person with a disability eligibility or continued eligibility to enroll or renew coverage to avoid providing coverage in accordance with this section;
(c) Reduce or limit the reimbursement of or otherwise penalize a provider of medical or related services because the provider of medical or related services acted in accordance with section 1 of this act; or
(d) Provide monetary or nonmonetary incentives for a provider of medical or related services to induce the provider of medical or related services to provide care to an insured in a manner inconsistent with section 1 of this act.
κ2021 Statutes of Nevada, Page 1171 (CHAPTER 244, SB 305)κ
2. As used in this section:
(a) Anatomical gift has the meaning ascribed to it in NRS 451.513.
(b) Disability has the meaning ascribed to it in 42 U.S.C. § 12102(1).
(c) Provider of medical or related services has the meaning ascribed to it in section 1 of this act.
Sec. 8. 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 7 of this act.
Sec. 9. Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:
1. An insurer that offers or issues a policy of group health insurance that includes coverage for anatomical gifts, organ transplants or treatments or services related to an organ transplant shall not:
(a) Deny, limit or seek reimbursement from an insured for care related to an organ transplant because the insured is a person with a disability;
(b) Deny a person with a disability eligibility or continued eligibility to enroll or renew coverage to avoid providing coverage in accordance with this section;
(c) Reduce or limit the reimbursement of or otherwise penalize a provider of medical or related services because the provider of medical or related services acted in accordance with section 1 of this act; or
(d) Provide monetary or nonmonetary incentives for a provider of medical or related services to induce the provider of medical or related services to provide care to an insured in a manner inconsistent with section 1 of this act.
2. As used in this section:
(a) Anatomical gift has the meaning ascribed to it in NRS 451.513.
(b) Disability has the meaning ascribed to it in 42 U.S.C. § 12102(1).
(c) Provider of medical or related services has the meaning ascribed to it in section 1 of this act.
Sec. 10. Chapter 689C of NRS is hereby amended by adding thereto a new section to read as follows:
1. A carrier that offers or issues a health benefit plan that includes coverage for anatomical gifts, organ transplants or treatments or services related to an organ transplant shall not:
(a) Deny, limit or seek reimbursement from an insured for care related to an organ transplant because the insured is a person with a disability;
(b) Deny a person with a disability eligibility or continued eligibility to enroll or renew coverage to avoid providing coverage in accordance with this section;
(c) Reduce or limit the reimbursement of or otherwise penalize a provider of medical or related services because the provider of medical or related services acted in accordance with section 1 of this act; or
(d) Provide monetary or nonmonetary incentives for a provider of medical or related services to induce the provider of medical or related services to provide care to an insured in a manner inconsistent with section 1 of this act.
κ2021 Statutes of Nevada, Page 1172 (CHAPTER 244, SB 305)κ
2. As used in this section:
(a) Anatomical gift has the meaning ascribed to it in NRS 451.513.
(b) Disability has the meaning ascribed to it in 42 U.S.C. § 12102(1).
(c) Provider of medical or related services has the meaning ascribed to it in section 1 of this act.
Sec. 11. 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, to the extent applicable and not in conflict with the express provisions of NRS 687B.408 and 689C.360 to 689C.600, inclusive [.] , and section 10 of this act.
Sec. 12. Chapter 695A of NRS is hereby amended by adding thereto a new section to read as follows:
1. A society that offers or issues a benefit contract that includes coverage for anatomical gifts, organ transplants or treatments or services related to an organ transplant shall not:
(a) Deny, limit or seek reimbursement from an insured for care related to an organ transplant because the insured is a person with a disability;
(b) Deny a person with a disability eligibility or continued eligibility to enroll or renew coverage to avoid providing coverage in accordance with this section;
(c) Reduce or limit the reimbursement of or otherwise penalize a provider of medical or related services because the provider of medical or related services acted in accordance with section 1 of this act; or
(d) Provide monetary or nonmonetary incentives for a provider of medical or related services to induce the provider of medical or related services to provide care to an insured in a manner inconsistent with section 1 of this act.
2. As used in this section:
(a) Anatomical gift has the meaning ascribed to it in NRS 451.513.
(b) Disability has the meaning ascribed to it in 42 U.S.C. § 12102(1).
(c) Provider of medical or related services has the meaning ascribed to it in section 1 of this act.
Sec. 13. Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:
1. An insurer that offers or issues a contract for hospital or medical services that includes coverage for anatomical gifts, organ transplants or treatments or services related to an organ transplant shall not:
(a) Deny, limit or seek reimbursement from an insured for care related to an organ transplant because the insured is a person with a disability;
(b) Deny a person with a disability eligibility or continued eligibility to enroll or renew coverage to avoid providing coverage in accordance with this section;
(c) Reduce or limit the reimbursement of or otherwise penalize a provider of medical or related services because the provider of medical or related services acted in accordance with section 1 of this act; or
(d) Provide monetary or nonmonetary incentives for a provider of medical or related services to induce the provider of medical or related services to provide care to an insured in a manner inconsistent with section 1 of this act.
2. As used in this section:
κ2021 Statutes of Nevada, Page 1173 (CHAPTER 244, SB 305)κ
(a) Anatomical gift has the meaning ascribed to it in NRS 451.513.
(b) Disability has the meaning ascribed to it in 42 U.S.C. § 12102(1).
(c) Provider of medical or related services has the meaning ascribed to it in section 1 of this act.
Sec. 14. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:
1. A health maintenance organization that offers or issues a health care plan that includes coverage for anatomical gifts, organ transplants or treatments or services related to an organ transplant shall not:
(a) Deny, limit or seek reimbursement from an enrollee for care related to an organ transplant because the enrollee is a person with a disability;
(b) Deny a person with a disability eligibility or continued eligibility to enroll or renew coverage to avoid providing coverage in accordance with this section;
(c) Reduce or limit the reimbursement of or otherwise penalize a provider of medical or related services because the provider of medical or related services acted in accordance with section 1 of this act; or
(d) Provide monetary or nonmonetary incentives for a provider of medical or related services to induce the provider of medical or related services to provide care to an enrollee in a manner inconsistent with section 1 of this act.
2. As used in this section:
(a) Anatomical gift has the meaning ascribed to it in NRS 451.513.
(b) Disability has the meaning ascribed to it in 42 U.S.C. § 12102(1).
(c) Provider of medical or related services has the meaning ascribed to it in section 1 of this act.
Sec. 15. 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 section 14 of this act 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.
κ2021 Statutes of Nevada, Page 1174 (CHAPTER 244, SB 305)κ
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 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. 16. 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 14 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;
(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.
κ2021 Statutes of Nevada, Page 1175 (CHAPTER 244, SB 305)κ
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. 17. Chapter 695G of NRS is hereby amended by adding thereto a new section to read as follows:
1. A managed care organization that offers or issues a health care plan that includes coverage for anatomical gifts, organ transplants or treatments or services related to an organ transplant shall not:
(a) Deny, limit or seek reimbursement from an insured for care related to an organ transplant because the insured is a person with a disability;
(b) Deny a person with a disability eligibility or continued eligibility to enroll or renew coverage to avoid providing coverage in accordance with this section;
(c) Reduce or limit the reimbursement of or otherwise penalize a provider of medical or related services because the provider of medical or related services acted in accordance with section 1 of this act; or
(d) Provide monetary or nonmonetary incentives for a provider of medical or related services to induce the provider of medical or related services to provide care to an insured in a manner inconsistent with section 1 of this act.
2. As used in this section:
(a) Anatomical gift has the meaning ascribed to it in NRS 451.513.
(b) Disability has the meaning ascribed to it in 42 U.S.C. § 12102(1).
(c) Provider of medical or related services has the meaning ascribed to it in section 1 of this act.
Sec. 18. 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 1176κ
Senate Bill No. 289Senator D. Harris
CHAPTER 245
[Approved: May 31, 2021]
AN ACT relating to workers compensation; establishing provisions relating to the apportionment of percentages for present and previous disabilities; requiring an insurer to send a written determination regarding an industrial insurance claim by facsimile or other electronic transmission under certain circumstances; making compensation for an industrial injury or occupational disease subject to an attorneys lien; providing for the tolling of certain periods to request a hearing or appeal under certain circumstances; providing for an award of certain costs to a claimant who prevails in a contested claim; providing for the reservation of certain additional rights of a claimant who accepts a lump sum payment for a permanent partial disability; revising provisions governing the appointment of a vocational rehabilitation counselor for an injured employee; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires, in a case where an injured employee is determined to have a permanent partial disability and there is a previous disability, an apportionment to be made by subtracting the percentage of previous disability as it existed at the time of the previous disability from the percentage of present disability as it existed at the time of the present disability. (NRS 616C.490) Sections 1 and 7 of this bill revise these provisions to prohibit: (1) an apportionment of percentages of disabilities where no rating evaluation was performed for the previous disability unless the insurer proves by a preponderance of the evidence that certain specific medical evidence supports a specific percentage of previous disability; and (2) any reduction of the percentage of present impairment if no medical documentation or health care records of a preexisting impairment exist, unless certain other evidentiary requirements are satisfied. Section 7 also requires an insurer to commence making installment payments to an injured employee, within a specified period of time and without requiring the employee to elect a method of payment, for that portion of an award of compensation for permanent partial disability which is not in dispute.
Existing law requires an injured employee to submit to an examination and any necessary immediate medical attention by a physician or chiropractor and requires the physician or chiropractor to complete and file a claim for compensation. (NRS 616C.010, 616C.040, 616C.075, 616C.095) Sections 1.4, 1.6, 2.2 and 2.4 of this bill authorize the examination and treatment to be provided by a physician assistant or advanced practice registered nurse and, if so provided, require the physician assistant or advanced practice registered nurse to file a claim for compensation and provide a copy of the claim form to the injured employee.
Existing law requires an insurer to mail a written determination regarding a claim for compensation under industrial insurance. (NRS 616C.065, 617.356) Sections 2 and 10 of this bill require the insurer to send its determination by facsimile or other electronic transmission, if so requested, to the claimant or the person acting on behalf of the claimant and retain proof of successful transmission of the facsimile.
Existing law provides that, except in matters relating to child support, compensation payable or paid for an industrial injury or occupational disease is not assignable and is exempt from attachment, garnishment and execution. (NRS 616C.205) Section 3 of this bill provides that such compensation may also be subject to an attorneys lien.
κ2021 Statutes of Nevada, Page 1177 (CHAPTER 245, SB 289)κ
Existing law sets forth certain limits on the period of time in which an aggrieved party may request a hearing before a hearing officer or appeal from a decision of a hearing officer. (NRS 616C.315, 616C.345) Sections 4 and 6 of this bill provide that periods within which a request for a hearing or an appeal may be filed may be tolled if the insurer fails to mail or, if so requested, send by facsimile or other electronic transmission a determination regarding a claim for compensation.
Existing law provides that if a contested claim for compensation is decided in favor of the claimant, he or she is entitled to an award of interest. (NRS 616C.335) Section 5 of this bill provides that the claimant is also entitled to an award of certain costs and sets forth the procedure for requesting costs and adjudicating disputes for such costs.
Existing law provides that a claimant who elects to receive and accepts payment for a permanent partial disability in a lump sum terminates the claimants benefits and waives certain rights regarding his or her claim, except the right to reopen his or her claim, have the claim considered by his or her insurer, certain rehabilitative services and the right to receive a benefit penalty. (NRS 616C.495) Section 8 of this bill provides that the claimant also reserves the right to conclude or resolve any contested matter, with certain exceptions, which is pending at the time of the election of payment for a permanent partial disability in a lump sum.
Existing law authorizes an insurer or injured employee to request a vocational rehabilitation counselor to prepare a written assessment of the injured employee. (NRS 616C.550) Existing law requires the vocational rehabilitation counselor to develop a plan for a program of vocational rehabilitation for each eligible injured employee. (NRS 616C.555) Existing law further provides that where a written assessment is requested or a plan for a program of vocational rehabilitation is required and the insurer or injured employee or personal or legal representative of the injured employee are unable to agree on the appointment of a vocational rehabilitation counselor, the insurer shall submit a list of at least three vocational rehabilitation counselors to the injured employee or personal or legal representative of the injured employee. (NRS 616C.541) Section 9 of this bill requires the counselors listed to be employed by at least three different organizations or entities.
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 616C of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a rating evaluation was completed for a previous disability involving a condition, occupational disease, organ, anatomical structure or other part of the body that is identical to the condition, occupational disease, organ, anatomical structure or other part of the body being evaluated for the present disability, the percentage of disability for a subsequent injury must be determined by deducting the percentage of the previous disability from the percentage of the present disability, regardless of the edition of the American Medical Associations Guides to the Evaluation of Permanent Impairment as adopted by the Division pursuant to NRS 616C.110 used to determine the percentage of the previous disability. The compensation awarded for a permanent disability on a subsequent injury must be reduced only by the awarded or agreed upon percentage of disability actually received by the injured employee for the previous injury regardless of the percentage of the previous disability.
2. If no rating evaluation performed before the date of injury or onset of the occupational disease exists for apportionment of percentage of present and previous disabilities pursuant to subsection 1, the percentage of the present disability must not be reduced unless:
κ2021 Statutes of Nevada, Page 1178 (CHAPTER 245, SB 289)κ
present and previous disabilities pursuant to subsection 1, the percentage of the present disability must not be reduced unless:
(a) The insurer proves by a preponderance of the evidence that medical documentation or health care records that existed before the date of the injury or onset of the occupational disease that resulted in the present disability demonstrate evidence that the injured employee had an actual impairment or disability involving the condition, occupational disease, organ, anatomical structure or other part of the body that is the subject of the present disability; and
(b) The rating physician or chiropractor states to a reasonable degree of medical or chiropractic probability that, based upon the specific information in the preexisting medical documentation or health care records, the injured employee would have had a specific percentage of disability immediately before the date of the injury or the onset of the occupational disease if, in the instant before the injury or the onset of the occupational disease, the injured employee had been evaluated under the edition of the American Medical Associations Guides to the Evaluation of Permanent Impairment that had been adopted by the Division pursuant to NRS 616C.110.
3. The documentation or records relied upon pursuant to subsection 2 must provide specific references to one or more of the following:
(a) Diagnoses;
(b) Measurements;
(c) Imaging studies;
(d) Laboratory testing; or
(e) Other commonly relied upon medical evidence that supports the finding of a preexisting ratable impairment under the specific provisions of the edition of the American Medical Associations Guides to the Evaluation of Permanent Impairment that had been adopted by the Division pursuant to NRS 616C.110 at the time of that rating evaluation.
4. If there is physical evidence of a prior surgery to the same organ, anatomical structure or other part of the body being evaluated for the present disability but no medical documentation or health care records regarding that organ, anatomical structure or other part of the body can be obtained, the rating physician or chiropractor may apportion the rating provided that the applicable requirements of subsection 2, other than any requirement to:
(a) Have medical documentation or health care records; or
(b) Base a rating upon medical documentation or health care records,
Κ are satisfied.
5. If there is no physical evidence of a prior surgery to the same organ, anatomical structure or other part of the body being evaluated for the present disability and no medical documentation or health care records of a preexisting whole person impairment for the identical condition, occupational disease, organ, anatomical structure or other part of the body being evaluated for the present disability exist for the purposes of subsection 1 or 2, the percentage of present impairment must not be reduced by any percentage for the previous impairment.
Sec. 1.2. NRS 616C.005 is hereby amended to read as follows:
616C.005 On or before September 1 of each year:
1. An insurer shall distribute to each employer that it insures any form for reporting injuries that has been revised within the previous 12 months.
κ2021 Statutes of Nevada, Page 1179 (CHAPTER 245, SB 289)κ
2. The Administrator shall make available to physicians , [and] chiropractors , physician assistants and advanced practice registered nurses any form for reporting injuries that has been revised within the previous 12 months.
Sec. 1.4. NRS 616C.010 is hereby amended to read as follows:
616C.010 1. Whenever any accident occurs to any employee, the employee shall forthwith report the accident and the injury resulting therefrom to his or her employer.
2. When an employer learns of an accident, whether or not it is reported, the employer may direct the employee to submit to, or the employee may request, an examination by a physician , [or] chiropractor, physician assistant or advanced practice registered nurse, in order to ascertain the character and extent of the injury and render medical attention which is required immediately. The employer shall:
(a) If the employers insurer has entered into a contract with an organization for managed care or with providers of health care pursuant to NRS 616B.527, furnish the names, addresses and telephone numbers of:
(1) Two or more physicians , [or] chiropractors , physician assistants or advanced practice registered nurses who are qualified to conduct the examination and who are available pursuant to the terms of the contract, if there are two or more such physicians , [or] chiropractors , physician assistants or advanced practice registered nurses within 30 miles of the employees place of employment; or
(2) One or more physicians , [or] chiropractors , physician assistants or advanced practice registered nurses who are qualified to conduct the examination and who are available pursuant to the terms of the contract, if there are not two or more such physicians , [or] chiropractors , physician assistants or advanced practice registered nurses within 30 miles of the employees place of employment.
(b) If the employers insurer has not entered into a contract with an organization for managed care or with providers of health care pursuant to NRS 616B.527, furnish the names, addresses and telephone numbers of:
(1) Two or more physicians , [or] chiropractors , physician assistants or advanced practice registered nurses who are qualified to conduct the examination, if there are two or more such physicians , [or] chiropractors , physician assistants or advanced practice registered nurses within 30 miles of the employees place of employment; or
(2) One or more physicians , [or] chiropractors , physician assistants or advanced practice registered nurses who are qualified to conduct the examination, if there are not two or more such physicians , [or] chiropractors , physician assistants or advanced practice registered nurses within 30 miles of the employees place of employment.
3. From among the names furnished by the employer pursuant to subsection 2, the employee shall select one of those physicians , [or] chiropractors , physician assistants or advanced practice registered nurses to conduct the examination, but the employer shall not require the employee to select a particular physician , [or] chiropractor , physician assistant or advanced practice registered nurse from among the names furnished by the employer. Thereupon, the examining physician , [or] chiropractor , physician assistant or advanced practice registered nurse, as applicable, shall report forthwith to the employer and to the insurer the character and extent of the injury. The employer shall not require the employee to disclose or permit the disclosure of any other information concerning the employees physical condition except as required by NRS 616C.177.
κ2021 Statutes of Nevada, Page 1180 (CHAPTER 245, SB 289)κ
disclosure of any other information concerning the employees physical condition except as required by NRS 616C.177.
4. Further medical attention, except as otherwise provided in NRS 616C.265, must be authorized by the insurer.
5. This section does not prohibit an employer from requiring the employee to submit to an examination by a physician or chiropractor specified by the employer at any convenient time after medical attention which is required immediately has been completed.
6. An employee leasing company must provide to each employee covered under an employee leasing contract instructions on how to notify the leasing company supervisor and client company of an injury in plain, clear language placed in conspicuous type in a specifically labeled area of instructions given to the employee.
Sec. 1.6. NRS 616C.040 is hereby amended to read as follows:
616C.040 1. Except as otherwise provided in this section, a treating physician , [or] chiropractor , physician assistant or advanced practice registered nurse shall, within 3 working days after first providing treatment to an injured employee for a particular injury, complete and file a claim for compensation with the employer of the injured employee and the employers insurer. If the employer is a self-insured employer, the treating physician , [or] chiropractor , physician assistant or advanced practice registered nurse shall file the claim for compensation with the employers third-party administrator. If the physician , [or] chiropractor , physician assistant or advanced practice registered nurse files the claim for compensation by electronic transmission, the physician , [or] chiropractor , physician assistant or advanced practice registered nurse shall, upon request, mail to the insurer or third-party administrator the form prescribed by the Administrator for a claim for compensation that [contains the original signatures of] is signed by the injured employee and the physician , [or] chiropractor , [.] physician assistant or advanced practice registered nurse. The form must be mailed within 7 days after receiving such a request.
2. A physician , [or] chiropractor , physician assistant or advanced practice registered nurse who has a duty to file a claim for compensation pursuant to subsection 1 may delegate the duty to a physician assistant or an advanced practice registered nurse at a medical facility. If the physician , [or] chiropractor , physician assistant or advanced practice registered nurse delegates the duty to a physician assistant or an advanced practice registered nurse at a medical facility:
(a) The physician assistant or advanced practice registered nurse, as applicable, at the medical facility must comply with the filing requirements set forth in this section; and
(b) The delegation must be in writing and signed by:
(1) The delegating physician , [or] chiropractor [;] , physician assistant or advanced practice registered nurse; and
(2) An authorized representative of the medical facility.
3. A claim for compensation required by subsection 1 must [be] :
(a) Be filed on a form prescribed by the Administrator [.] ; and
(b) Be signed with the original or electronic signatures of the injured employee and:
(1) The physician, chiropractor, physician assistant or advanced practice registered nurse who treated the injured employee; or
κ2021 Statutes of Nevada, Page 1181 (CHAPTER 245, SB 289)κ
(2) The physician assistant or advanced practice registered nurse to whom the duty to file a claim for compensation is delegated pursuant to subsection 2.
4. If a claim for compensation is accompanied by a certificate of disability, the certificate must include a description of any limitation or restrictions on the injured employees ability to work.
5. A copy of the completed form that is required to be filed pursuant to subsection 3 and which is fully executed with the required original or electronic signatures must be provided to the injured employee at the time of discharge.
6. Each physician, chiropractor [and] , physician assistant, advanced practice registered nurse and medical facility that treats injured employees, each insurer, third-party administrator and employer, and the Division shall maintain at their offices a sufficient supply of the forms prescribed by the Administrator for filing a claim for compensation.
[6.] 7. The Administrator may impose an administrative fine of not more than $1,000 for each violation of subsection 1 on:
(a) A treating physician , [or] chiropractor [;] , physician assistant or advanced practice registered nurse; or
(b) A physician assistant or advanced practice registered nurse at a medical facility if the duty to file the claim for compensation has been delegated to [the medical facility] him or her pursuant to this section.
Sec. 1.8. NRS 616C.045 is hereby amended to read as follows:
616C.045 1. Except as otherwise provided in NRS 616B.727, within 6 working days after the receipt of a claim for compensation from a physician , [or] chiropractor, physician assistant or advanced practice registered nurse, or a medical facility if the duty to file the claim for compensation has been delegated to the medical facility pursuant to NRS 616C.040, an employer shall complete and file with his or her insurer or third-party administrator an employers report of industrial injury or occupational disease.
2. The report must:
(a) Be filed on a form prescribed by the Administrator;
(b) Be signed by the employer or the employers designee;
(c) Contain specific answers to all questions required by the regulations of the Administrator; and
(d) Be accompanied by a statement of the wages of the employee if the claim for compensation received from the treating physician , [or] chiropractor, physician assistant or advanced practice registered nurse, or a medical facility if the duty to file the claim for compensation has been delegated to the medical facility pursuant to NRS 616C.040, indicates that the injured employee is expected to be off work for 5 days or more.
3. An employer who files the report required by subsection 1 by electronic transmission shall, upon request, mail to the insurer or third-party administrator the form that contains the original signature of the employer or the employers designee. The form must be mailed within 7 days after receiving such a request.
4. The Administrator shall impose an administrative fine of not more than $1,000 on an employer for each violation of this section.
κ2021 Statutes of Nevada, Page 1182 (CHAPTER 245, SB 289)κ
Sec. 2. NRS 616C.065 is hereby amended to read as follows:
616C.065 1. Except as otherwise provided in NRS 616C.136, within 30 days after the insurer has been notified of an industrial accident, every insurer shall:
(a) Accept a claim for compensation, notify the claimant or the person acting on behalf of the claimant that the claim has been accepted and commence payment of the claim; or
(b) Deny the claim and notify the claimant or the person acting on behalf of the claimant and the Administrator that the claim has been denied.
2. If an insurer is ordered by the Administrator, a hearing officer, an appeals officer, a district court, the Court of Appeals or the Supreme Court of Nevada to make a new determination, including, without limitation, a new determination regarding the acceptance or denial of a claim for compensation, the insurer shall make the new determination within 30 days after the date on which the insurer has been ordered to do so.
3. Payments made by an insurer pursuant to this section are not an admission of liability for the claim or any portion of the claim.
4. Except as otherwise provided in this subsection, if an insurer unreasonably delays or refuses to pay the claim within 30 days after the insurer has been notified of an industrial accident, the insurer shall pay upon order of the Administrator an additional amount equal to three times the amount specified in the order as refused or unreasonably delayed. This payment is for the benefit of the claimant and must be paid to the claimant with the compensation assessed pursuant to chapters 616A to 617, inclusive, of NRS. The provisions of this section do not apply to the payment of a bill for accident benefits that is governed by the provisions of NRS 616C.136.
5. The insurer shall notify the claimant or the person acting on behalf of the claimant that a claim has been accepted or denied pursuant to subsection 1 or 2 by:
(a) Mailing its written determination to the claimant or the person acting on behalf of the claimant [;] and
[(b) If] , if the claim has been denied, in whole or in part, obtaining a certificate of mailing [.] ; or
(b) If and as requested by the claimant or the person acting on behalf of the claimant, sending its written determination to the claimant or the person acting on behalf of the claimant by facsimile or other electronic transmission the proof of sending and receipt of which is readily verifiable and retaining proof of a successful transmission and receipt of the facsimile or other electronic transmission, as applicable.
6. The failure of the insurer to [obtain] , as applicable:
(a) Obtain a certificate of mailing as required by paragraph [(b)] (a) of subsection 5 shall be deemed to be a failure of the insurer to mail the written determination of the denial of a claim as required by this section [.] ; or
(b) Retain proof of a successful transmission and receipt of the facsimile or other electronic transmission the proof of sending and receipt of which is readily verifiable as required by paragraph (b) of subsection 5 shall be deemed to be a failure of the insurer to send by facsimile or other electronic transmission the written determination regarding a claim as required by this section.
7. The failure of the insurer to indicate the acceptance or denial of a claim for a part of the body or condition does not constitute a denial or acceptance thereof.
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8. Upon request, the insurer shall provide a copy of the certificate of mailing, if any, or proof of a successful transmission and receipt of the facsimile or other electronic transmission, as applicable, to the claimant or the person acting on behalf of the claimant.
9. For the purposes of this section, the insurer shall [mail] either:
(a) Mail the written determination to:
[(a)] (1) The mailing address of the claimant or the person acting on behalf of the claimant that is provided on the form prescribed by the Administrator for filing the claim; or
[(b)] (2) Another mailing address if the claimant or the person acting on behalf of the claimant provides to the insurer written notice of another mailing address [.] ; or
(b) If and as requested by the claimant or the person acting on behalf of the claimant, send the written determination by facsimile or other electronic transmission the proof of sending and receipt of which is readily verifiable to the claimant or the person acting on behalf of the claimant.
10. As used in this section, certificate of mailing means a receipt that provides evidence of the date on which the insurer presented its written determination to the United States Postal Service for mailing.
Sec. 2.2. NRS 616C.075 is hereby amended to read as follows:
616C.075 1. If an employee is properly directed to submit to a physical examination and the employee refuses to permit the treating physician , [or] chiropractor , physician assistant or advanced practice registered nurse to make an examination and to render medical attention as may be required immediately, no compensation may be paid for the injury claimed to result from the accident.
2. References to a physician assistant and an advanced practice registered nurse in this section are for the purposes of the examination and treatment of an injured employee which are authorized to be provided by a physician assistant or advanced practice registered nurse in the exclusive context of an initial examination and treatment pursuant to NRS 616C.010.
Sec. 2.4. NRS 616C.095 is hereby amended to read as follows:
616C.095 1. The physician , [or] chiropractor , physician assistant or advanced practice registered nurse shall inform the injured employee of the injured employees rights under chapters 616A to 616D, inclusive, or chapter 617 of NRS and lend all necessary assistance in making application for compensation and such proof of other matters as required by the rules of the Division, without charge to the employee.
2. References to a physician assistant and an advanced practice registered nurse in this section are for the purposes of the examination and treatment of an injured employee which are authorized to be provided by a physician assistant or advanced practice registered nurse in the exclusive context of an initial examination and treatment pursuant to NRS 616C.010.
Sec. 2.6. NRS 616C.098 is hereby amended to read as follows:
616C.098 1. Certain phrases relating to a claim for compensation for an industrial injury or occupational disease and used by a physician , [or] chiropractor , physician assistant or advanced practice registered nurse when determining the causation of an industrial injury or occupational disease are deemed to be equivalent and may be used interchangeably. Those phrases are:
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[1.] (a) Directly connect this injury or occupational disease as job incurred; and
[2.] (b) A degree of reasonable medical probability that the condition in question was caused by the industrial injury.
2. References to a physician assistant and an advanced practice registered nurse in this section are for the purposes of the examination and treatment of an injured employee which are authorized to be provided by a physician assistant or advanced practice registered nurse in the exclusive context of an initial examination and treatment pursuant to NRS 616C.010.
Sec. 2.8. NRS 616C.130 is hereby amended to read as follows:
616C.130 1. The insurer shall not authorize the payment of any money to a physician , [or] chiropractor , physician assistant or advanced practice registered nurse for services rendered by the physician , [or] chiropractor, physician assistant or advanced practice registered nurse, as applicable, in attending an injured employee until an itemized statement for the services has been received by the insurer accompanied by a certificate of the physician , [or] chiropractor , physician assistant or advanced practice registered nurse stating that a duplicate of the itemized statement has been filed with the employer of the injured employee.
2. References to a physician assistant and an advanced practice registered nurse in this section are for the purposes of the examination and treatment of an injured employee which are authorized to be provided by a physician assistant or advanced practice registered nurse in the exclusive context of an initial examination and treatment pursuant to NRS 616C.010.
Sec. 3. NRS 616C.205 is hereby amended to read as follows:
616C.205 Except as otherwise provided in this section and NRS 18.015, 31A.150 and 31A.330, compensation payable or paid under chapters 616A to 616D, inclusive, or chapter 617 of NRS, whether determined or due, or not:
1. Is not assignable before the issuance and delivery of the check or the deposit of any payment for compensation pursuant to NRS 616C.409;
2. Is exempt from attachment, garnishment and execution; and
3. Does not pass to any other person by operation of law.
Κ In the case of the death of an injured employee covered by chapters 616A to 616D, inclusive, or chapter 617 of NRS from causes independent from the injury for which compensation is payable, any compensation due the employee which was awarded or accrued but for which a check was not issued or delivered or for which payment was not made pursuant to NRS 616C.409 at the date of death of the employee is payable to the dependents of the employee as defined in NRS 616C.505.
Sec. 3.3. NRS 616C.265 is hereby amended to read as follows:
616C.265 1. Except as otherwise provided in NRS 616C.280, every employer operating under chapters 616A to 616D, inclusive, of NRS, alone or together with other employers, may make arrangements to provide accident benefits as defined in those chapters for injured employees.
2. Employers electing to make such arrangements shall notify the Administrator of the election and render a detailed statement of the arrangements made, which arrangements do not become effective until approved by the Administrator.
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3. Every employer who maintains a hospital of any kind for his or her employees, or who contracts for the hospital care of injured employees, shall, on or before January 30 of each year, make a written report to the Administrator for the preceding year, which must contain a statement showing:
(a) The total amount of hospital fees collected, showing separately the amount contributed by the employees and the amount contributed by the employers;
(b) An itemized account of the expenditures, investments or other disposition of such fees; and
(c) What balance, if any, remains.
4. Every employer who provides accident benefits pursuant to this section:
(a) Shall, in accordance with regulations adopted by the Administrator, make a written report to the Division of that employers actual and expected annual expenditures for claims and such other information as the Division deems necessary to calculate an estimated or final annual assessment and shall, to the extent that the regulations refer to the responsibility of insurers to make such reports, be deemed to be an insurer.
(b) Shall pay the assessments collected pursuant to NRS 232.680 and 616A.430.
5. The reports required by the provisions of subsections 3 and 4 must be verified:
(a) If the employer is a natural person, by the employer;
(b) If the employer is a partnership, by one of the partners;
(c) If the employer is a corporation, by the secretary, president, general manager or other executive officer of the corporation; or
(d) If the employer has contracted with a physician or chiropractor for the hospital care of injured employees, by the physician or chiropractor.
6. No employee is required to accept the services of a physician , [or] chiropractor , physician assistant or advanced practice registered nurse provided by his or her employer, but may seek professional medical services of the employees choice as provided in NRS 616C.090. Expenses arising from such medical services must be paid by the employer who has elected to provide benefits, pursuant to the provisions of this section, for the employers injured employees.
7. Every employer who fails to notify the Administrator of such election and arrangements, or who fails to render the financial reports required, is liable for accident benefits as provided by NRS 616C.255.
8. References to a physician assistant and an advanced practice registered nurse in this section are for the purposes of the examination and treatment of an injured employee which are authorized to be provided by a physician assistant or advanced practice registered nurse in the exclusive context of an initial examination and treatment pursuant to NRS 616C.010.
Sec. 3.7. NRS 616C.270 is hereby amended to read as follows:
616C.270 1. Every employer who has elected to provide accident benefits for his or her injured employees shall prepare and submit a written report to the Administrator:
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(a) Within 6 days after any accident if an injured employee is examined or treated by a physician , [or] chiropractor [;] , physician assistant or advanced practice registered nurse; and
(b) If the injured employee receives additional medical services.
2. The Administrator shall review each report to determine whether the employer is furnishing the accident benefits required by chapters 616A to 616D, inclusive, of NRS.
3. The content and form of the written reports must be prescribed by the Administrator.
4. References to a physician assistant and an advanced practice registered nurse in this section are for the purposes of the examination and treatment of an injured employee which are authorized to be provided by a physician assistant or advanced practice registered nurse in the exclusive context of an initial examination and treatment pursuant to NRS 616C.010.
Sec. 4. NRS 616C.315 is hereby amended to read as follows:
616C.315 1. Any person who is subject to the jurisdiction of the hearing officers pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS may request a hearing before a hearing officer of any matter within the hearing officers authority. The insurer shall provide, without cost, the forms necessary to request a hearing to any person who requests them.
2. A hearing must not be scheduled until the following information is provided to the hearing officer:
(a) The name of:
(1) The claimant;
(2) The employer; and
(3) The insurer or third-party administrator;
(b) The number of the claim; and
(c) If applicable, a copy of the letter of determination being appealed or, if such a copy is unavailable, the date of the determination and the issues stated in the determination.
3. Except as otherwise provided in NRS 616B.772, 616B.775, 616B.787, 616C.305 and 616C.427, a person who is aggrieved by:
(a) A written determination of an insurer; or
(b) The failure of an insurer to respond within 30 days to a written request mailed to the insurer by the person who is aggrieved,
Κ may appeal from the determination or failure to respond by filing a request for a hearing before a hearing officer. Such a request must include the information required pursuant to subsection 2 and, except as otherwise provided in subsections 4 and 5, must be filed within 70 days after the date on which the notice of the insurers determination was mailed or, if requested by the claimant or the person acting on behalf of the claimant, sent by facsimile or other electronic transmission the proof of sending and receipt of which is readily verifiable by the insurer or the unanswered written request was mailed to the insurer, as applicable. The failure of an insurer to respond to a written request for a determination within 30 days after receipt of such a request shall be deemed by the hearing officer to be a denial of the request.
4. The period specified in subsection 3 within which a request for a hearing must be filed may be [extended] :
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(a) Extended for an additional 90 days if the person aggrieved shows by a preponderance of the evidence that the person was diagnosed with a terminal illness or was informed of the death or diagnosis of a terminal illness of his or her spouse, parent or child.
(b) Tolled if the insurer fails to mail or, if requested by the claimant or the person acting on behalf of the claimant, send by facsimile or other electronic transmission the proof of sending and receipt of which is readily verifiable a determination.
5. Failure to file a request for a hearing within the period specified in subsection 3 may be excused if the person aggrieved shows by a preponderance of the evidence that the person did not receive the notice of the determination and the forms necessary to request a hearing. The claimant or employer shall notify the insurer of a change of address.
6. The hearing before the hearing officer must be conducted as expeditiously and informally as is practicable.
7. The parties to a contested claim may, if the claimant is represented by legal counsel, agree to forego a hearing before a hearing officer and submit the contested claim directly to an appeals officer.
8. A claimant may, with regard to a contested claim arising from the provisions of NRS 617.453, 617.455, 617.457, 617.485 or 617.487 as described in subsection 2 of NRS 616C.345, submit the contested claim directly to an appeals officer pursuant to subsection 2 of NRS 616C.345 without the agreement of any other party.
Sec. 4.5. NRS 616C.330 is hereby amended to read as follows:
616C.330 1. The hearing officer shall:
(a) Except as otherwise provided in subsection 2 of NRS 616C.315, within 5 days after receiving a request for a hearing, set the hearing for a date and time within 30 days after his or her receipt of the request at a place in Carson City, Nevada, or Las Vegas, Nevada, or upon agreement of one or more of the parties to pay all additional costs directly related to an alternative location, at any other place of convenience to the parties, at the discretion of the hearing officer;
(b) Give notice by mail or by personal service to all interested parties to the hearing at least 15 days before the date and time scheduled; and
(c) Conduct hearings expeditiously and informally.
2. The notice must include a statement that the injured employee may be represented by a private attorney or seek assistance and advice from the Nevada Attorney for Injured Workers.
3. If necessary to resolve a medical question concerning an injured employees condition or to determine the necessity of treatment for which authorization for payment has been denied, the hearing officer may order an independent medical examination, which must not involve treatment, and refer the employee to a physician or chiropractor of his or her choice who has demonstrated special competence to treat the particular medical condition of the employee, whether or not the physician or chiropractor is on the insurers panel of providers of health care. If the medical question concerns the rating of a permanent disability, the hearing officer may refer the employee to a rating physician or chiropractor. The rating physician or chiropractor must be selected in rotation from the list of qualified physicians and chiropractors maintained by the Administrator pursuant to subsection 2 of NRS 616C.490, unless the insurer and injured employee otherwise agree to a rating physician or chiropractor.
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to a rating physician or chiropractor. The insurer shall pay the costs of any medical examination requested by the hearing officer.
4. The hearing officer may consider the opinion of an examining physician , [or] chiropractor, physician assistant or advanced practice registered nurse, in addition to the opinion of an authorized treating physician , [or] chiropractor, physician assistant or advanced practice registered nurse, in determining the compensation payable to the injured employee.
5. If an injured employee has requested payment for the cost of obtaining a second determination of his or her percentage of disability pursuant to NRS 616C.100, the hearing officer shall decide whether the determination of the higher percentage of disability made pursuant to NRS 616C.100 is appropriate and, if so, may order the insurer to pay to the employee an amount equal to the maximum allowable fee established by the Administrator pursuant to NRS 616C.260 for the type of service performed, or the usual fee of that physician or chiropractor for such service, whichever is less.
6. The hearing officer shall order an insurer, organization for managed care or employer who provides accident benefits for injured employees pursuant to NRS 616C.265 to pay to the appropriate person the charges of a provider of health care if the conditions of NRS 616C.138 are satisfied.
7. The hearing officer may allow or forbid the presence of a court reporter and the use of a tape recorder in a hearing.
8. The hearing officer shall render his or her decision within 15 days after:
(a) The hearing; or
(b) The hearing officer receives a copy of the report from the medical examination the hearing officer requested.
9. The hearing officer shall render a decision in the most efficient format developed by the Chief of the Hearings Division of the Department of Administration.
10. The hearing officer shall give notice of the decision to each party by mail. The hearing officer shall include with the notice of the decision the necessary forms for appealing from the decision.
11. Except as otherwise provided in NRS 616C.380, the decision of the hearing officer is not stayed if an appeal from that decision is taken unless an application for a stay is submitted by a party. If such an application is submitted, the decision is automatically stayed until a determination is made on the application. A determination on the application must be made within 30 days after the filing of the application. If, after reviewing the application, a stay is not granted by the hearing officer or an appeals officer, the decision must be complied with within 10 days after the refusal to grant a stay.
12. References to a physician assistant and an advanced practice registered nurse in this section are for the purposes of the examination and treatment of an injured employee which are authorized to be provided by a physician assistant or advanced practice registered nurse in the exclusive context of an initial examination and treatment pursuant to NRS 616C.010.
Sec. 5. NRS 616C.335 is hereby amended to read as follows:
616C.335 1. If a contested claim for compensation is decided in favor of the claimant, he or she is entitled to [an] :
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(a) An award of interest at the rate of 9 percent on the amount of compensation due the claimant from the date the payment on the claim would be due until the date that payment is made.
(b) As limited by subsection 2, an award of costs against the opposing party as follows:
(1) Clerks fees.
(2) Reporters fees for depositions, including a reporters fee for one copy of each deposition.
(3) Fees for witnesses at an appeals hearing and deposing witnesses, unless the appeals officer finds that the witness was called at the instance of the prevailing party without reason or necessity.
(4) Reasonable fees of not more than five expert witnesses in an amount of not more than the fee allowable for an independent medical examination as set forth in the schedule of fees established by the Administrator pursuant to NRS 616C.260 for each witness, unless the appeals officer allows a fee in a greater amount after determining that the circumstances surrounding the experts testimony were of such necessity as to require the greater amount of the fee.
(5) The fee of any sheriff or licensed process server for the delivery or service of any summons or subpoena used in the action, unless the appeals officer determines that the service was not necessary.
(6) Compensation for the official reporter or reporter pro tempore.
(7) Reasonable costs for photocopies.
(8) Reasonable costs for postage.
(9) Reasonable costs for travel and lodging incurred taking depositions and conducting discovery.
(10) Any other reasonable and necessary expense incurred in connection with the action, including reasonable and necessary expenses for computerized services for legal research.
2. Costs awarded pursuant to subsection 1 must be limited to the costs incurred as a result of the litigation of those issues which were decided in favor of the claimant.
3. If a claimant is awarded costs pursuant to subsection 1, the claimant shall serve on the insurer and the claimants employer, not later than 15 calendar days after the decision of an appeals officer, district court, the Court of Appeals or the Supreme Court, a memorandum of the costs in the action or proceeding, which memorandum must be verified by the oath of the claimant, or the claimants attorney or agent, or by the clerk of the claimants attorney, stating that to the best of his or her knowledge and belief the costs are correct, and that the costs have been necessarily incurred in the action or proceeding.
4. Not later than 15 calendar days after receipt of service of a copy of a memorandum pursuant to subsection 3, the insurer shall issue to the claimant a determination letter regarding the requested costs, specifically stating in detail:
(a) The costs which are allowed pursuant to paragraph (b) of subsection 1 and subsection 2; and
(b) The costs which are disallowed pursuant to paragraph (b) of subsection 1 and subsection 2, along with specific reasons for the disallowance of those costs.
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5. Costs which are allowed by the insurer pursuant to subsection 4, must be paid along with the determination letter to the claimant or, if the claimant is represented, to the claimants counsel.
6. Any party aggrieved by the determination may file a request for appeal directly to an appeals officer not later than 30 days after receipt of the determination letter.
Sec. 6. NRS 616C.345 is hereby amended to read as follows:
616C.345 1. Any party aggrieved by a decision of the hearing officer relating to a claim for compensation may appeal from the decision by, except as otherwise provided in subsections 9 , [and] 10 [,] and 11, filing a notice of appeal with an appeals officer within 30 days after the date of the decision.
2. A claimant aggrieved by a written determination of the denial of a claim, in whole or in part, by an insurer, or the failure of an insurer to respond in writing within 30 days to a written request of the claimant mailed to the insurer, concerning a claim arising from the provisions of NRS 617.453, 617.455, 617.457, 617.485 or 617.487 may file a notice of a contested claim with an appeals officer. The notice must include the information required pursuant to subsection 3 and, except as otherwise provided in subsections 9 [and 11,] to 12, inclusive, must be filed within 70 days after the date on which the notice of the insurers determination was mailed or, if requested by the claimant or the person acting on behalf of the claimant, sent by facsimile or other electronic transmission the proof of sending and receipt of which is readily verifiable by the insurer or the unanswered written request was mailed to the insurer, as applicable. The failure of an insurer to respond in writing to a written request for a determination within 30 days after receipt of such a request shall be deemed by the appeals officer to be a denial of the request. The insurer shall provide, without cost, the forms necessary to file a notice of a contested claim to any person who requests them.
3. A hearing must not be scheduled until the following information is provided to the appeals officer:
(a) The name of:
(1) The claimant;
(2) The employer; and
(3) The insurer or third-party administrator;
(b) The number of the claim; and
(c) If applicable, a copy of the letter of determination being appealed or, if such a copy is unavailable, the date of the determination and the issues stated in the determination.
4. If a dispute is required to be submitted to a procedure for resolving complaints pursuant to NRS 616C.305 and:
(a) A final determination was rendered pursuant to that procedure; or
(b) The dispute was not resolved pursuant to that procedure within 14 days after it was submitted,
Κ any party to the dispute may, except as otherwise provided in subsections 9 [and 10,] to 12, inclusive, file a notice of appeal within 70 days after the date on which the final determination was mailed to the employee, or the dependent of the employee, or the unanswered request for resolution was submitted. Failure to render a written determination within 30 days after receipt of such a request shall be deemed by the appeals officer to be a denial of the request.
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5. Except as otherwise provided in NRS 616C.380, the filing of a notice of appeal does not automatically stay the enforcement of the decision of a hearing officer or a determination rendered pursuant to NRS 616C.305. The appeals officer may order a stay, when appropriate, upon the application of a party. If such an application is submitted, the decision is automatically stayed until a determination is made concerning the application. A determination on the application must be made within 30 days after the filing of the application. If a stay is not granted by the officer after reviewing the application, the decision must be complied with within 10 days after the date of the refusal to grant a stay.
6. Except as otherwise provided in subsections 3 and 7, within 10 days after receiving a notice of appeal pursuant to this section or NRS 616C.220, 616D.140 or 617.401, or within 10 days after receiving a notice of a contested claim pursuant to subsection 7 of NRS 616C.315, the appeals officer shall:
(a) Schedule a hearing on the merits of the appeal or contested claim for a date and time within 90 days after receipt of the notice at a place in Carson City, Nevada, or Las Vegas, Nevada, or upon agreement of one or more of the parties to pay all additional costs directly related to an alternative location, at any other place of convenience to the parties, at the discretion of the appeals officer; and
(b) Give notice by mail or by personal service to all parties to the matter and their attorneys or agents at least 30 days before the date and time scheduled.
7. Except as otherwise provided in subsection [12,] 13, a request to schedule the hearing for a date and time which is:
(a) Within 60 days after the receipt of the notice of appeal or contested claim; or
(b) More than 90 days after the receipt of the notice or claim,
Κ may be submitted to the appeals officer only if all parties to the appeal or contested claim agree to the request.
8. An appeal or contested claim may be continued upon written stipulation of all parties, or upon good cause shown.
9. The period specified in subsection 1, 2 or 4 within which a notice of appeal or a notice of a contested claim must be filed may be extended for an additional 90 days if the person aggrieved shows by a preponderance of the evidence that the person was diagnosed with a terminal illness or was informed of the death or diagnosis of a terminal illness of the persons spouse, parent or child.
10. The period specified in subsection 2 within which a notice of appeal or a notice of a contested claim must be filed may be tolled if the insurer fails to mail or, if requested by the claimant or the person acting on behalf of the claimant, send a determination by facsimile or other electronic transmission the proof of sending and receipt of which is readily verifiable.
11. Failure to file a notice of appeal within the period specified in subsection 1 or 4 may be excused if the party aggrieved shows by a preponderance of the evidence that he or she did not receive the notice of the determination and the forms necessary to appeal the determination. The claimant, employer or insurer shall notify the hearing officer of a change of address.
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[11.] 12. Failure to file a notice of a contested claim within the period specified in subsection 2 may be excused if the claimant shows by a preponderance of the evidence that he or she did not receive the notice of the determination and the forms necessary to file the notice. The claimant or employer shall notify the insurer of a change of address.
[12.] 13. Within 10 days after receiving a notice of a contested claim pursuant to subsection 2, the appeals officer shall:
(a) Schedule a hearing on the merits of the contested claim for a date and time within 60 days after his or her receipt of the notice at a place in Carson City, Nevada, or Las Vegas, Nevada, or upon agreement of one or more of the parties to pay all additional costs directly related to an alternative location, at any other place of convenience to the parties, at the discretion of the appeals officer; and
(b) Give notice by mail or by personal service to all parties to the matter and their attorneys or agents within 10 days after scheduling the hearing.
Κ The scheduled date must allow sufficient time for full disclosure, exchange and examination of medical and other relevant information. A party may not introduce information at the hearing which was not previously disclosed to the other parties unless all parties agree to the introduction.
Sec. 6.3. NRS 616C.350 is hereby amended to read as follows:
616C.350 1. Any physician , [or] chiropractor , physician assistant or advanced practice registered nurse who attends an employee within the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS in a professional capacity, may be required to testify before an appeals officer. A physician , [or] chiropractor , physician assistant or advanced practice registered nurse who testifies is entitled to receive the same fees as witnesses in civil cases and, if the appeals officer so orders at his or her own discretion, a fee equal to that authorized for a consultation by the appropriate schedule of fees for physicians , [or] chiropractors [.] , physician assistants or advanced practice registered nurses, if any. These fees must be paid by the insurer.
2. Information gained by the attending physician , [or] chiropractor , physician assistant or advanced practice registered nurse while in attendance on the injured employee is not a privileged communication if:
(a) Required by an appeals officer for a proper understanding of the case and a determination of the rights involved; or
(b) The information is related to any fraud that has been or is alleged to have been committed in violation of the provisions of this chapter or chapter 616A, 616B, 616D or 617 of NRS.
3. References to a physician assistant and an advanced practice registered nurse in this section are for the purposes of the examination and treatment of an injured employee which are authorized to be provided by a physician assistant or advanced practice registered nurse in the exclusive context of an initial examination and treatment pursuant to NRS 616C.010.
Sec. 6.7. NRS 616C.360 is hereby amended to read as follows:
616C.360 1. A stenographic or electronic record must be kept of the hearing before the appeals officer and the rules of evidence applicable to contested cases under chapter 233B of NRS apply to the hearing.
2. The appeals officer must hear any matter raised before him or her on its merits, including new evidence bearing on the matter.
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3. If there is a medical question or dispute concerning an injured employees condition or concerning the necessity of treatment for which authorization for payment has been denied, the appeals officer may:
(a) Order an independent medical examination and refer the employee to a physician or chiropractor of his or her choice who has demonstrated special competence to treat the particular medical condition of the employee, whether or not the physician or chiropractor is on the insurers panel of providers of health care. If the medical question concerns the rating of a permanent disability, the appeals officer may refer the employee to a rating physician or chiropractor. The rating physician or chiropractor must be selected in rotation from the list of qualified physicians or chiropractors maintained by the Administrator pursuant to subsection 2 of NRS 616C.490, unless the insurer and the injured employee otherwise agree to a rating physician or chiropractor. The insurer shall pay the costs of any examination requested by the appeals officer.
(b) If the medical question or dispute is relevant to an issue involved in the matter before the appeals officer and all parties agree to the submission of the matter to an independent review organization, submit the matter to an independent review organization in accordance with NRS 616C.363 and any regulations adopted by the Commissioner.
4. The appeals officer may consider the opinion of an examining physician , [or] chiropractor, physician assistant or advanced practice registered nurse, in addition to the opinion of an authorized treating physician , [or] chiropractor, physician assistant or advanced practice registered nurse, in determining the compensation payable to the injured employee.
5. If an injured employee has requested payment for the cost of obtaining a second determination of his or her percentage of disability pursuant to NRS 616C.100, the appeals officer shall decide whether the determination of the higher percentage of disability made pursuant to NRS 616C.100 is appropriate and, if so, may order the insurer to pay to the employee an amount equal to the maximum allowable fee established by the Administrator pursuant to NRS 616C.260 for the type of service performed, or the usual fee of that physician or chiropractor for such service, whichever is less.
6. The appeals officer shall order an insurer, organization for managed care or employer who provides accident benefits for injured employees pursuant to NRS 616C.265 to pay to the appropriate person the charges of a provider of health care if the conditions of NRS 616C.138 are satisfied.
7. Any party to the appeal or contested case or the appeals officer may order a transcript of the record of the hearing at any time before the seventh day after the hearing. The transcript must be filed within 30 days after the date of the order unless the appeals officer otherwise orders.
8. Except as otherwise provided in subsection 9, the appeals officer shall render a decision:
(a) If a transcript is ordered within 7 days after the hearing, within 30 days after the transcript is filed; or
(b) If a transcript has not been ordered, within 30 days after the date of the hearing.
9. The appeals officer shall render a decision on a contested claim submitted pursuant to subsection 2 of NRS 616C.345 within 15 days after:
(a) The date of the hearing; or
κ2021 Statutes of Nevada, Page 1194 (CHAPTER 245, SB 289)κ
(b) If the appeals officer orders an independent medical examination, the date the appeals officer receives the report of the examination,
Κ unless both parties to the contested claim agree to a later date.
10. The appeals officer may affirm, modify or reverse any decision made by a hearing officer and issue any necessary and proper order to give effect to his or her decision.
11. References to a physician assistant and an advanced practice registered nurse in this section are for the purposes of the examination and treatment of an injured employee which are authorized to be provided by a physician assistant or advanced practice registered nurse in the exclusive context of an initial examination and treatment pursuant to NRS 616C.010.
Sec. 7. NRS 616C.490 is hereby amended to read as follows:
616C.490 1. Except as otherwise provided in NRS 616C.175, every employee, in the employ of an employer within the provisions of chapters 616A to 616D, inclusive, of NRS, who is injured by an accident arising out of and in the course of employment is entitled to receive the compensation provided for permanent partial disability. As used in this section, disability and impairment of the whole person are equivalent terms.
2. Except as otherwise provided in subsection 3:
(a) Within 30 days after receiving from a physician or chiropractor a report indicating that the injured employee may have suffered a permanent disability and is stable and ratable, the insurer shall schedule an appointment with the rating physician or chiropractor selected pursuant to this subsection to determine the extent of the employees disability.
(b) Unless the insurer and the injured employee otherwise agree to a rating physician or chiropractor:
(1) The insurer shall select the rating physician or chiropractor from the list of qualified rating physicians and chiropractors designated by the Administrator, to determine the percentage of disability in accordance with the American Medical Associations Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the Division pursuant to NRS 616C.110.
(2) Rating physicians and chiropractors must be selected in rotation from the list of qualified physicians and chiropractors designated by the Administrator, according to their area of specialization and the order in which their names appear on the list unless the next physician or chiropractor is currently an employee of the insurer making the selection, in which case the insurer must select the physician or chiropractor who is next on the list and who is not currently an employee of the insurer.
3. Notwithstanding any other provision of law, an injured employee or the legal representative of an injured employee may, at any time, without limitation, request that the Administrator select a rating physician or chiropractor from the list of qualified physicians and chiropractors designated by the Administrator. The Administrator, upon receipt of the request, shall immediately select for the injured employee the rating physician or chiropractor who is next in rotation on the list, according to the area of specialization.
4. If an insurer contacts a treating physician or chiropractor to determine whether an injured employee has suffered a permanent disability, the insurer shall deliver to the treating physician or chiropractor that portion or a summary of that portion of the American Medical Associations Guides to the Evaluation of Permanent Impairment as adopted by the Division pursuant to NRS 616C.110 that is relevant to the type of injury incurred by the employee.
κ2021 Statutes of Nevada, Page 1195 (CHAPTER 245, SB 289)κ
Guides to the Evaluation of Permanent Impairment as adopted by the Division pursuant to NRS 616C.110 that is relevant to the type of injury incurred by the employee.
5. At the request of the insurer, the injured employee shall, before an evaluation by a rating physician or chiropractor is performed, notify the insurer of:
(a) Any previous evaluations performed to determine the extent of any of the employees disabilities; and
(b) Any previous injury, disease or condition sustained by the employee which is relevant to the evaluation performed pursuant to this section.
Κ The notice must be on a form approved by the Administrator and provided to the injured employee by the insurer at the time of the insurers request.
6. Unless the regulations adopted pursuant to NRS 616C.110 provide otherwise, a rating evaluation must include an evaluation of the loss of motion, sensation and strength of an injured employee if the injury is of a type that might have caused such a loss. Except in the case of claims accepted pursuant to NRS 616C.180, no factors other than the degree of physical impairment of the whole person may be considered in calculating the entitlement to compensation for a permanent partial disability.
7. The rating physician or chiropractor shall provide the insurer with his or her evaluation of the injured employee. After receiving the evaluation, the insurer shall, within 14 days, provide the employee with a copy of the evaluation and notify the employee:
(a) Of the compensation to which the employee is entitled pursuant to this section; or
(b) That the employee is not entitled to benefits for permanent partial disability.
8. Each 1 percent of impairment of the whole person must be compensated by a monthly payment:
(a) Of 0.5 percent of the claimants average monthly wage for injuries sustained before July 1, 1981;
(b) Of 0.6 percent of the claimants average monthly wage for injuries sustained on or after July 1, 1981, and before June 18, 1993;
(c) Of 0.54 percent of the claimants average monthly wage for injuries sustained on or after June 18, 1993, and before January 1, 2000; and
(d) Of 0.6 percent of the claimants average monthly wage for injuries sustained on or after January 1, 2000.
Κ Compensation must commence on the date of the injury or the day following the termination of temporary disability compensation, if any, whichever is later, and must continue on a monthly basis for 5 years or until the claimant is 70 years of age, whichever is later.
9. Compensation benefits may be paid annually to claimants who will be receiving less than $100 a month.
10. [Except as otherwise provided in subsection 11, if] If there is a previous disability, [as the loss of one eye, one hand, one foot, or any other previous permanent disability,] the percentage of disability for a subsequent injury must be determined [by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.] pursuant to section 1 of this act.
11. [If a rating evaluation was completed for a previous disability involving a condition, organ or anatomical structure that is identical to the condition, organ or anatomical structure being evaluated for the present disability, the percentage of disability for a subsequent injury must be determined by deducting the percentage of the previous disability from the percentage of the present disability, regardless of the edition of the American Medical Associations Guides to the Evaluation of Permanent Impairment as adopted by the Division pursuant to NRS 616C.110 used to determine the percentage of the previous disability.
κ2021 Statutes of Nevada, Page 1196 (CHAPTER 245, SB 289)κ
condition, organ or anatomical structure being evaluated for the present disability, the percentage of disability for a subsequent injury must be determined by deducting the percentage of the previous disability from the percentage of the present disability, regardless of the edition of the American Medical Associations Guides to the Evaluation of Permanent Impairment as adopted by the Division pursuant to NRS 616C.110 used to determine the percentage of the previous disability. The compensation awarded for a permanent disability on a subsequent injury must be reduced only by the awarded or agreed upon percentage of disability actually received by the injured employee for the previous injury regardless of the percentage of the previous disability.] In the event of a dispute over an award of compensation for permanent partial disability, the insurer shall commence making installment payments to the injured employee for that portion of the award that is not in dispute:
(a) Not later than the date by which such payment is required pursuant to subsection 8 or 9, as applicable; and
(b) Without requiring the injured employee to make an election whether to receive his or her compensation in installment payments or in a lump sum.
12. The Division may adopt schedules for rating permanent disabilities resulting from injuries sustained before July 1, 1973, and reasonable regulations to carry out the provisions of this section.
13. The increase in compensation and benefits effected by the amendment of this section is not retroactive for accidents which occurred before July 1, 1973.
14. This section does not entitle any person to double payments for the death of an employee and a continuation of payments for a permanent partial disability, or to a greater sum in the aggregate than if the injury had been fatal.
Sec. 8. NRS 616C.495 is hereby amended to read as follows:
616C.495 1. Except as otherwise provided in NRS 616C.380, an award for a permanent partial disability may be paid in a lump sum under the following conditions:
(a) A claimant injured on or after July 1, 1973, and before July 1, 1981, who incurs a disability that does not exceed 12 percent may elect to receive his or her compensation in a lump sum. A claimant injured on or after July 1, 1981, and before July 1, 1995, who incurs a disability that does not exceed 30 percent may elect to receive his or her compensation in a lump sum.
(b) The spouse, or in the absence of a spouse, any dependent child of a deceased claimant injured on or after July 1, 1973, who is not entitled to compensation in accordance with NRS 616C.505, is entitled to a lump sum equal to the present value of the deceased claimants undisbursed award for a permanent partial disability.
(c) Any claimant injured on or after July 1, 1981, and before July 1, 1995, who incurs a disability that exceeds 30 percent may elect to receive his or her compensation in a lump sum equal to the present value of an award for a disability of 30 percent. If the claimant elects to receive compensation pursuant to this paragraph, the insurer shall pay in installments to the claimant that portion of the claimants disability in excess of 30 percent.
(d) Any claimant injured on or after July 1, 1995, and before January 1, 2016, who incurs a disability that:
κ2021 Statutes of Nevada, Page 1197 (CHAPTER 245, SB 289)κ
(1) Does not exceed 25 percent may elect to receive his or her compensation in a lump sum.
(2) Exceeds 25 percent may:
(I) Elect to receive his or her compensation in a lump sum equal to the present value of an award for a disability of 25 percent. If the claimant elects to receive compensation pursuant to this sub-subparagraph, the insurer shall pay in installments to the claimant that portion of the claimants disability in excess of 25 percent.
(II) To the extent that the insurer has offered to provide compensation in a lump sum up to the present value of an award for disability of 30 percent, elect to receive his or her compensation in a lump sum up to the present value of an award for a disability of 30 percent. If the claimant elects to receive compensation pursuant to this sub-subparagraph, the insurer shall pay in installments to the claimant that portion of the claimants disability in excess of 30 percent.
(e) Any claimant injured on or after January 1, 2016, and before July 1, 2017, who incurs a disability that:
(1) Does not exceed 30 percent may elect to receive his or her compensation in a lump sum.
(2) Exceeds 30 percent may elect to receive his or her compensation in a lump sum equal to the present value of an award for a disability of 30 percent. If the claimant elects to receive compensation pursuant to this subparagraph, the insurer shall pay in installments to the claimant that portion of the claimants disability in excess of 30 percent.
(f) Any claimant injured on or after July 1, 2017, who incurs a disability that exceeds 30 percent may elect to receive his or her compensation in a lump sum equal to the present value of an award for a disability of up to 30 percent. If the claimant elects to receive compensation pursuant to this paragraph, the insurer shall pay in installments to the claimant that portion of the claimants disability in excess of 30 percent.
(g) If the permanent partial disability rating of a claimant seeking compensation pursuant to this section would, when combined with any previous permanent partial disability rating of the claimant that resulted in an award of benefits to the claimant, result in the claimant having a total permanent partial disability rating in excess of 100 percent, the claimants disability rating upon which compensation is calculated must be reduced by such percentage as required to limit the total permanent partial disability rating of the claimant for all injuries to not more than 100 percent.
2. If the claimant elects to receive his or her payment for a permanent partial disability in a lump sum pursuant to subsection 1, all of the claimants benefits for compensation terminate. [The] Except as otherwise provided in paragraph (d), the claimants acceptance of that payment constitutes a final settlement of all factual and legal issues in the case. By so accepting the claimant waives all of his or her rights regarding the claim, including the right to appeal from the closure of the case or the percentage of his or her disability, except:
(a) The right of the claimant to:
(1) Reopen his or her claim in accordance with the provisions of NRS 616C.390; or
(2) Have his or her claim considered by his or her insurer pursuant to NRS 616C.392;
κ2021 Statutes of Nevada, Page 1198 (CHAPTER 245, SB 289)κ
(b) Any counseling, training or other rehabilitative services provided by the insurer; [and]
(c) The right of the claimant to receive a benefit penalty in accordance with NRS 616D.120 [.
Κ] ; and
(d) The right of the claimant to conclude or resolve any contested matter which is pending at the time that the claimant executes his or her election to receive his or her payment for a permanent partial disability in a lump sum. The provisions of this paragraph do not apply to:
(1) The scope of the claim;
(2) The claimants stable and ratable status; and
(3) The claimants average monthly wage.
3. The claimant, when he or she demands payment in a lump sum [,] pursuant to subsection 2, must be provided with a written notice which prominently displays a statement describing the effects of accepting payment in a lump sum of an entire permanent partial disability award, any portion of such an award or any uncontested portion of such an award, and that the claimant has 20 days after the mailing or personal delivery of the notice within which to retract or reaffirm the demand, before payment may be made and the claimants election becomes final.
[3.] 4. Any lump-sum payment which has been paid on a claim incurred on or after July 1, 1973, must be supplemented if necessary to conform to the provisions of this section.
[4.] 5. Except as otherwise provided in this subsection, the total lump-sum payment for disablement must not be less than one-half the product of the average monthly wage multiplied by the percentage of disability. If the claimant received compensation in installment payments for his or her permanent partial disability before electing to receive payment for that disability in a lump sum, the lump-sum payment must be calculated for the remaining payment of compensation.
[5.] 6. The lump sum payable must be equal to the present value of the compensation awarded, less any advance payment or lump sum previously paid. The present value must be calculated using monthly payments in the amounts prescribed in subsection 8 of NRS 616C.490 and actuarial annuity tables adopted by the Division. The tables must be reviewed annually by a consulting actuary and must be adjusted accordingly on July 1 of each year by the Division using:
(a) The most recent unisex Static Mortality Tables for Defined Benefit Pension Plans published by the Internal Revenue Service; and
(b) The average 30-Year Treasury Constant Maturity Rate for March of the current year as reported by the Board of Governors of the Federal Reserve System.
[6.] 7. If a claimant would receive more money by electing to receive compensation in a lump sum than the claimant would if he or she receives installment payments, the claimant may elect to receive the lump-sum payment.
Sec. 9. NRS 616C.541 is hereby amended to read as follows:
616C.541 Where a written assessment is requested pursuant to NRS 616C.550 or where a plan for a program of vocational rehabilitation is required pursuant to NRS 616C.555, a vocational rehabilitation counselor must be appointed as follows:
κ2021 Statutes of Nevada, Page 1199 (CHAPTER 245, SB 289)κ
1. The insurer and the injured employee or personal or legal representative of the injured employee shall agree on the selection of a vocational rehabilitation counselor . [;]
2. If the insurer or injured employee or personal or legal representative of the injured employee are unable to agree on the appointment of a vocational rehabilitation counselor, the insurer shall submit a list of at least three vocational rehabilitation counselors who are employed by at least three different organizations or entities to the injured employee or personal or legal representative of the injured employee . [;]
3. The injured employee or personal or legal representative of the injured employee shall select a vocational rehabilitation counselor from the list provided by the insurer pursuant to subsection 2 within 7 days after receiving the list provided by the insurer pursuant to subsection 2 . [;]
4. The vocational rehabilitation counselor that is selected by the injured employee or personal or legal representative of the injured employee pursuant to subsection 1 or 3 must be assigned to provide all vocational rehabilitation services for the claim pursuant to this section and NRS 616C.530 to 616C.600, inclusive . [; and]
5. After a vocational rehabilitation counselor is selected and assigned pursuant to this section, an injured employee or personal or legal representative of the injured employee may only rescind the selection of the vocational rehabilitation counselor with the consent of the insurer.
Sec. 9.5. NRS 616C.545 is hereby amended to read as follows:
616C.545 1. If an employee does not return to work for 28 consecutive calendar days as a result of an injury arising out of and in the course of his or her employment or an occupational disease, the insurer shall contact the treating physician , [or] chiropractor , physician assistant or advanced practice registered nurse to determine whether:
[1.] (a) There are physical limitations on the injured employees ability to work; and
[2.] (b) The limitations, if any, are permanent or temporary.
2. References to a physician assistant and an advanced practice registered nurse in this section are for the purposes of the examination and treatment of an injured employee which are authorized to be provided by a physician assistant or advanced practice registered nurse in the exclusive context of an initial examination and treatment pursuant to NRS 616C.010.
Sec. 10. NRS 617.356 is hereby amended to read as follows:
617.356 1. An insurer shall accept or deny a claim for compensation under this chapter and notify the claimant or the person acting on behalf of the claimant pursuant to NRS 617.344 that the claim has been accepted or denied within 30 working days after the forms for filing the claim for compensation are received pursuant to both NRS 617.344 and 617.352.
2. The insurer shall notify the claimant or the person acting on behalf of the claimant that a claim has been accepted or denied pursuant to subsection 1 by:
(a) Mailing its written determination to the claimant or the person acting on behalf of the claimant [;] and
[(b) If] , if the claim has been denied, in whole or in part, obtaining a certificate of mailing [.] ; or
(b) If and as requested by the claimant or the person acting on behalf of the claimant, sending its written determination to the claimant or the person acting on behalf of the claimant by facsimile or other electronic transmission the proof of sending and receipt of which is readily verifiable and retaining proof of a successful transmission and receipt of the facsimile or other electronic transmission, as applicable.
κ2021 Statutes of Nevada, Page 1200 (CHAPTER 245, SB 289)κ
person acting on behalf of the claimant by facsimile or other electronic transmission the proof of sending and receipt of which is readily verifiable and retaining proof of a successful transmission and receipt of the facsimile or other electronic transmission, as applicable.
3. The failure of the insurer to [obtain] , as applicable:
(a) Obtain a certificate of mailing as required by paragraph [(b)] (a) of subsection 2 shall be deemed to be a failure of the insurer to mail the written determination of the denial of a claim as required by this section [.] ; or
(b) Retain proof of a successful transmission and receipt of the facsimile or other electronic transmission the proof of sending and receipt of which is readily verifiable, as applicable, as required by paragraph (b) of subsection 2 shall be deemed to be a failure of the insurer to send by facsimile or other electronic transmission the written determination regarding a claim as required by this section.
4. Upon request, the insurer shall provide a copy of the certificate of mailing, if any, or proof of a successful transmission and receipt of the facsimile or other electronic transmission the proof of sending and receipt of which is readily verifiable, as applicable, to the claimant or the person acting on behalf of the claimant.
5. For the purposes of this section, the insurer shall [mail] either:
(a) Mail the written determination to:
[(a)] (1) The mailing address of the claimant or the person acting on behalf of the claimant that is provided on the form prescribed by the Administrator for filing the claim; or
[(b)] (2) Another mailing address if the claimant or the person acting on behalf of the claimant provides to the insurer written notice of another mailing address [.] ; or
(b) If and as requested by the claimant or the person acting on behalf of the claimant, send the written determination by facsimile or other electronic transmission the proof of sending and receipt of which is readily verifiable to the claimant or person acting on behalf of the claimant.
6. As used in this section, certificate of mailing means a receipt that provides evidence of the date on which the insurer presented its written determination to the United States Postal Service for mailing.
Sec. 11. The amendatory provisions of this act apply prospectively with regard to any claim pursuant to chapters 616A to 616D, inclusive, or 617 of NRS which is open on the effective date of this act.
Sec. 12. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 1201κ
Assembly Bill No. 450Committee on Education
CHAPTER 246
[Approved: May 31, 2021]
AN ACT relating to workforce development; directing the Governor of the State of Nevada to appoint a committee to conduct an interim study concerning opportunities to align workforce training and programs offered by community colleges in this State; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill directs the Governor to appoint a committee to conduct an interim study concerning opportunities to align the need for workforce training and the programs offered by community colleges in this State to meet the needs of the economy of this State. This bill: (1) establishes the membership of the committee; (2) establishes the subjects that the committee is required to study; and (3) requires the committee to report its findings to the Governor, the Chair of the Board of Regents of the University of Nevada and the Legislature on or before August 1, 2022.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Whereas, The workforce development system in Nevada is in need of meaningful transformation to meet the needs of the evolving economy in this State, a need that has only been magnified by the current public health crisis; and
Whereas, The Nevada System of Higher Education, which is governed by the Board of Regents of the University of Nevada, encompasses several different types of institutions of higher education, including, without limitation, community colleges; and
Whereas, Community colleges have always been and will remain critical to efforts to develop the workforce in this State as the economy continues to expand and diversify, both in the areas of existing trades and professions and the emerging careers of the future economy; and
Whereas, Community colleges in this State provide a broad spectrum of education, from traditional degree programs to certificate and training programs, all of which are essential to developing the workforce in this State; and
Whereas, Certain community colleges provide essential public higher education services for vast areas of rural Nevada; and
Whereas, Recent economic downturns in this State highlight the need for community colleges to be more closely aligned with the diverse students, business communities and regions of this State that they serve; and
Whereas, In order to maximize the opportunities offered by community colleges in this State and the expanding economy, Nevada must take a cooperative approach to identifying opportunities for realigning education and training funding, increasing coordination and collaboration among partners within the workforce system and establishing accountability for statewide workforce development going forward; and
κ2021 Statutes of Nevada, Page 1202 (CHAPTER 246, AB 450)κ
Whereas, With an evolving state economy and workforce, Nevada must ensure that the higher education funding formula incentivizes the education and training of tomorrows workforce; and
Whereas, It is important to determine whether new methods of coordinating, governing or funding community colleges in this State are necessary to improve and advance the purpose of community colleges in this State; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The Governor of the State of Nevada shall appoint a committee to conduct an interim study concerning opportunities to align the need for workforce training and the programs offered by community colleges to meet the needs of the evolving economy in Nevada. The committee shall analyze the coordinating and governance structures of and funding mechanisms for community colleges in this State to ensure efficient coordination among all of the workforce development partners in Nevada.
2. The committee shall be composed of:
(a) One member who is a representative of the Office of Economic Development;
(b) Three members who are representatives of local chambers of commerce or economic development entities, one of whom must be a representative from northern Nevada and two of whom must be representatives from southern Nevada;
(c) One member who is a representative of a labor organization in this State and who has, or has had, a defined role in a jointly administered apprenticeship program recognized by the State Apprenticeship Council;
(d) The Superintendent of Public Instruction;
(e) The Chancellor of the Nevada System of Higher Education; and
(f) One member who is a president of a community college in the Nevada System of Higher Education.
3. The Chancellor of the Nevada System of Higher Education and one representative from private industry shall serve as co-chairs of the committee.
4. The co-chairs of the committee may jointly create and appoint subcommittees, if necessary, to achieve the mission of the committee.
5. Members of the committee serve without compensation and are not entitled to any per diem.
6. The committee shall consult with and solicit input from persons and organizations, including, without limitation, the Association of Governing Boards of Universities and Colleges, the American Association of Community Colleges and the National Association of System Heads, with expertise in matters relevant to the coordinating and governing structures of and funding methods for community colleges in this State.
7. In conducting its study, the committee shall review and examine areas that include, without limitation, the following:
(a) National best practices of governance of and funding for community colleges;
κ2021 Statutes of Nevada, Page 1203 (CHAPTER 246, AB 450)κ
(b) Effective relationships among local school districts, workforce development and community colleges, including, without limitation, any recommendations concerning how this State can strengthen such relationships to improve student achievement;
(c) Effective relationships between business and industry and community colleges, including, without limitation, any recommendations concerning how this State can strengthen such relationships to better prepare students for entry into the workforce;
(d) The mission of each community college in this State, which must include a determination of whether, over the 10-year period immediately preceding the review, the mission of the community college has changed and whether changes to the academic programs of the community college have enhanced or undermined that mission; and
(e) Other matters that are necessary to fulfill the mission of the committee, as determined by the co-chairs.
8. The committee shall submit a report of its findings, including, without limitation, any proposed changes to the coordinating and governance structures of or funding methods for community colleges in this State and any recommendations for legislation to the Governor of the State of Nevada, the Chair of the Board of Regents of the University of Nevada and the Director of the Legislative Counsel Bureau not later than August 1, 2022, for transmittal to the 82nd Session of the Nevada Legislature.
9. The Office of the Governor and the Nevada System of Higher Education shall provide administrative and technical assistance to the committee or any subcommittee appointed pursuant to this section.
10. As used in this section, labor organization has the meaning ascribed to it in NRS 613.230.
Sec. 2. 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. 3. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 1204κ
Assembly Bill No. 253Assemblywoman Considine
CHAPTER 247
[Approved: May 31, 2021]
AN ACT relating to governmental administration; setting forth certain requirements for meetings of public bodies that use remote technology systems; revising the notice requirements for a meeting of a public body; revising provisions relating to the privilege of certain persons to publish defamatory matter at a public meeting; revising requirements for notice of intent to act upon a regulation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The Open Meeting Law authorizes a public body to conduct a meeting by means of teleconference or videoconference. (NRS 241.023) Section 3 of this bill authorizes, under certain circumstances, a public body to conduct a meeting using a remote technology system. Section 1 defines remote technology system as a system or other means of communication which uses electronic, digital or other similar technology to enable a person from a remote location to attend, participate, vote or take any other action in a meeting even though the person is not physically present at the meeting. Section 2 of this bill requires the notice of a public meeting that uses a remote technology system to include information about how a member of the public may hear, observe, participate in and provide public comment at the meeting through the remote technology system.
The Open Meeting Law sets forth the minimum public notice requirements of a meeting, which include posting a copy of the notice at the principal office of the public body or, if there is no principal office, at the building in which the meeting is to be held, and at not less than three other separate, prominent places within the jurisdiction of the public body not later than 9 a.m. of the third working day before the meeting. (NRS 241.020) Section 2 of this bill requires, instead, that the public body post a copy of the notice at the principal office of the public body.
Additionally, sections 2 and 3 require that if a public body holds a meeting using a remote technology system and does not have a physical location for the meeting, the public body is required to have an Internet website and post on its Internet website the notice of the meeting and any supporting material for the material.
Section 3 of this bill: (1) sets forth certain requirements for a public body to hold a meeting using a remote technology system; and (2) prohibits a public body whose members are all required to be elected officials from holding a meeting using a remote technology system unless the public body designates a physical location where members of the public may attend and participate in the meeting.
The Open Meeting Law provides that a witness who is testifying before a public body is absolutely privileged to publish defamatory matter as part of a public hearing. (NRS 241.0353) Section 5 of this bill provides, instead, that, subject to a qualified privilege, a witness who is testifying before a public body may publish defamatory matter as part of a public hearing.
Existing law requires certain agencies of the Executive Department of the State Government, at the time of giving notice of intent to act upon a regulation, under certain circumstances, to deposit one copy of the notice and text of the proposed regulation with the librarian of the main public library in the county. (NRS 233B.0607) Section 6 of this bill requires, instead, that the agency post a copy of the notice and text on the Internet website of the agency. Section 6 also requires that the agency provide in print or an electronic format a copy of the notice and text to any person who requests a copy from the agency.
κ2021 Statutes of Nevada, Page 1205 (CHAPTER 247, AB 253)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 241.015 is hereby amended to read as follows:
241.015 As used in this chapter, unless the context otherwise requires:
1. Action means:
(a) A decision made by a majority of the members present, whether in person or by means of electronic communication, during a meeting of a public body;
(b) A commitment or promise made by a majority of the members present, whether in person or by means of electronic communication, during a meeting of a public body;
(c) If a public body may have a member who is not an elected official, an affirmative vote taken by a majority of the members present, whether in person or by means of electronic communication, during a meeting of the public body; or
(d) If all the members of a public body must be elected officials, an affirmative vote taken by a majority of all the members of the public body.
2. Deliberate means collectively to examine, weigh and reflect upon the reasons for or against the action. The term includes, without limitation, the collective discussion or exchange of facts preliminary to the ultimate decision.
3. Meeting:
(a) Except as otherwise provided in paragraph (b), means:
(1) The gathering of members of a public body at which a quorum is present, whether in person , by use of a remote technology system or by means of electronic communication, to deliberate toward a decision or to take action on any matter over which the public body has supervision, control, jurisdiction or advisory power.
(2) Any series of gatherings of members of a public body at which:
(I) Less than a quorum is present, whether in person or by means of electronic communication, at any individual gathering;
(II) The members of the public body attending one or more of the gatherings collectively constitute a quorum; and
(III) The series of gatherings was held with the specific intent to avoid the provisions of this chapter.
(b) Does not include a gathering or series of gatherings of members of a public body, as described in paragraph (a), at which a quorum is actually or collectively present, whether in person or by means of electronic communication:
(1) Which occurs at a social function if the members do not deliberate toward a decision or take action on any matter over which the public body has supervision, control, jurisdiction or advisory power.
(2) To receive information from the attorney employed or retained by the public body regarding potential or existing litigation involving a matter over which the public body has supervision, control, jurisdiction or advisory power and to deliberate toward a decision on the matter, or both.
(3) To receive training regarding the legal obligations of the public body, including, without limitation, training conducted by an attorney employed or retained by the public body, the Office of the Attorney General or the Commission on Ethics, if at the gathering the members do not deliberate toward a decision or action on any matter over which the public body has supervision, control, jurisdiction or advisory power.
κ2021 Statutes of Nevada, Page 1206 (CHAPTER 247, AB 253)κ
or the Commission on Ethics, if at the gathering the members do not deliberate toward a decision or action on any matter over which the public body has supervision, control, jurisdiction or advisory power.
4. Except as otherwise provided in NRS 241.016, public body means:
(a) Any administrative, advisory, executive or legislative body of the State or a local government consisting of at least two persons which expends or disburses or is supported in whole or in part by tax revenue or which advises or makes recommendations to any entity which expends or disburses or is supported in whole or in part by tax revenue, including, but not limited to, any board, commission, committee, subcommittee or other subsidiary thereof and includes a library foundation as defined in NRS 379.0056, an educational foundation as defined in subsection 3 of NRS 388.750 and a university foundation as defined in subsection 3 of NRS 396.405, if the administrative, advisory, executive or legislative body is created by:
(1) The Constitution of this State;
(2) Any statute of this State;
(3) A city charter and any city ordinance which has been filed or recorded as required by the applicable law;
(4) The Nevada Administrative Code;
(5) A resolution or other formal designation by such a body created by a statute of this State or an ordinance of a local government;
(6) An executive order issued by the Governor; or
(7) A resolution or an action by the governing body of a political subdivision of this State;
(b) Any board, commission or committee consisting of at least two persons appointed by:
(1) The Governor or a public officer who is under the direction of the Governor, if the board, commission or committee has at least two members who are not employees of the Executive Department of the State Government;
(2) An entity in the Executive Department of the State Government, if the board, commission or committee otherwise meets the definition of a public body pursuant to this subsection; or
(3) A public officer who is under the direction of an agency or other entity in the Executive Department of the State Government, if the board, commission or committee has at least two members who are not employed by the public officer or entity;
(c) A limited-purpose association that is created for a rural agricultural residential common-interest community as defined in subsection 6 of NRS 116.1201; and
(d) A subcommittee or working group consisting of at least two persons who are appointed by a public body described in paragraph (a), (b) or (c) if:
(1) A majority of the membership of the subcommittee or working group are members or staff members of the public body that appointed the subcommittee; or
(2) The subcommittee or working group is authorized by the public body to make a recommendation to the public body for the public body to take any action.
5. Quorum means a simple majority of the membership of a public body or another proportion established by law.
6. Remote technology system means any system or other means of communication which uses any electronic, digital or other similar technology to enable a person from a remote location to attend, participate, vote or take any other action in a meeting, even though the person is not physically present at the meeting.
κ2021 Statutes of Nevada, Page 1207 (CHAPTER 247, AB 253)κ
technology to enable a person from a remote location to attend, participate, vote or take any other action in a meeting, even though the person is not physically present at the meeting. The term includes, without limitation, teleconference and videoconference systems.
7. Supporting material means material that is provided to at least a quorum of the members of a public body by a member of or staff to the public body and that the members of the public body would reasonably rely on to deliberate or take action on a matter contained in a published agenda. The term includes, without limitation, written records, audio recordings, video recordings, photographs and digital data.
[7.] 8. Working day means every day of the week except Saturday, Sunday and any day declared to be a legal holiday pursuant to NRS 236.015.
Sec. 2. NRS 241.020 is hereby amended to read as follows:
241.020 1. Except as otherwise provided by specific statute, all meetings of public bodies must be open and public, and all persons must be permitted to attend any meeting of these public bodies [.] at a physical location or by means of a remote technology system. A meeting that is closed pursuant to a specific statute may only be closed to the extent specified in the statute allowing the meeting to be closed. All other portions of the meeting must be open and public, and the public body must comply with all other provisions of this chapter to the extent not specifically precluded by the specific statute. Public officers and employees responsible for these meetings shall make reasonable efforts to assist and accommodate persons with physical disabilities desiring to attend.
2. If any portion of a meeting is open to the public, the public officers and employees responsible for the meeting must make reasonable efforts to ensure the facilities for the meeting are large enough to accommodate the anticipated number of attendees. No violation of this chapter occurs if a member of the public is not permitted to attend a public meeting because the facilities for the meeting have reached maximum capacity if reasonable efforts were taken to accommodate the anticipated number of attendees. Nothing in this subsection requires a public body to incur any costs to secure a facility outside the control or jurisdiction of the public body or to upgrade, improve or otherwise modify an existing facility to accommodate the anticipated number of attendees.
3. Except in an emergency, written notice of all meetings must be given at least 3 working days before the meeting. The notice must include:
(a) The time, place and location of the meeting. If the meeting is held using a remote technology system pursuant to NRS 241.023 and has no physical location, the notice must include information on how a member of the public may:
(1) Use the remote technology system to hear and observe the meeting;
(2) Participate in the meeting by telephone; and
(3) Provide live public comment during the meeting and, if authorized by the public body, provide prerecorded public comment.
(b) A list of the locations where the notice has been posted.
(c) The name , [and] contact information and business address for the person designated by the public body from whom a member of the public may request the supporting material for the meeting described in subsection 7 and [a] :
κ2021 Statutes of Nevada, Page 1208 (CHAPTER 247, AB 253)κ
(1) A list of the locations where the supporting material is available to the public [.] ; or
(2) Information about how the supporting material may be found on the Internet website of the public body.
(d) An agenda consisting of:
(1) A clear and complete statement of the topics scheduled to be considered during the meeting.
(2) A list describing the items on which action may be taken and clearly denoting that action may be taken on those items by placing the term for possible action next to the appropriate item or, if the item is placed on the agenda pursuant to NRS 241.0365, by placing the term for possible corrective action next to the appropriate item.
(3) Periods devoted to comments by the general public, if any, and discussion of those comments. Comments by the general public must be taken:
(I) At the beginning of the meeting before any items on which action may be taken are heard by the public body and again before the adjournment of the meeting; or
(II) After each item on the agenda on which action may be taken is discussed by the public body, but before the public body takes action on the item.
Κ The provisions of this subparagraph do not prohibit a public body from taking comments by the general public in addition to what is required pursuant to sub-subparagraph (I) or (II). Regardless of whether a public body takes comments from the general public pursuant to sub-subparagraph (I) or (II), the public body must allow the general public to comment on any matter that is not specifically included on the agenda as an action item at some time before adjournment of the meeting. No action may be taken upon a matter raised during a period devoted to comments by the general public until the matter itself has been specifically included on an agenda as an item upon which action may be taken pursuant to subparagraph (2).
(4) If any portion of the meeting will be closed to consider the character, alleged misconduct or professional competence of a person, the name of the person whose character, alleged misconduct or professional competence will be considered.
(5) If, during any portion of the meeting, the public body will consider whether to take administrative action regarding a person, the name of that person.
(6) Notification that:
(I) Items on the agenda may be taken out of order;
(II) The public body may combine two or more agenda items for consideration; and
(III) The public body may remove an item from the agenda or delay discussion relating to an item on the agenda at any time.
(7) Any restrictions on comments by the general public. Any such restrictions must be reasonable and may restrict the time, place and manner of the comments, but may not restrict comments based upon viewpoint.
4. Minimum public notice is:
(a) Posting a copy of the notice at the principal office of the public body . [or, if there is no principal office, at the building in which the meeting is to be held, and at not less than three other separate, prominent places within the jurisdiction of the public body not later than 9 a.m. of the third working day before the meeting;] If the meeting is held using a remote technology system pursuant to NRS 241.023 and has no physical location, the public body must also post the notice to the Internet website of the public body not later than 9 a.m.
κ2021 Statutes of Nevada, Page 1209 (CHAPTER 247, AB 253)κ
before the meeting;] If the meeting is held using a remote technology system pursuant to NRS 241.023 and has no physical location, the public body must also post the notice to the Internet website of the public body not later than 9 a.m. of the third working day before the meeting is to be held unless the public body is unable to do so because of technical problems relating to the operation or maintenance of the Internet website of the public body.
(b) Posting the notice on the official website of the State pursuant to NRS 232.2175 not later than 9 a.m. of the third working day before the meeting is to be held, unless the public body is unable to do so because of technical problems relating to the operation or maintenance of the official website of the State . [; and]
(c) Providing a copy of the notice to any person who has requested notice of the meetings of the public body. A request for notice lapses 6 months after it is made. The public body shall inform the requester of this fact by enclosure with, notation upon or text included within the first notice sent. The notice must be:
(1) Delivered to the postal service used by the public body not later than 9 a.m. of the third working day before the meeting for transmittal to the requester by regular mail; or
(2) [If feasible for the public body and the requester has agreed to receive the public notice by electronic mail, transmitted] Transmitted to the requester by electronic mail sent not later than 9 a.m. of the third working day before the meeting.
5. For each of its meetings, a public body shall document in writing that the public body complied with the minimum public notice required by paragraph (a) of subsection 4. The documentation must be prepared by every person who posted a copy of the public notice and include, without limitation:
(a) The date and time when the person posted the copy of the public notice;
(b) The address of the location where the person posted the copy of the public notice; and
(c) The name, title and signature of the person who posted the copy of the notice.
6. [If] Except as otherwise provided in paragraph (a) of subsection 4, if a public body maintains a website on the Internet or its successor, the public body shall post notice of each of its meetings on its website unless the public body is unable to do so because of technical problems relating to the operation or maintenance of its website. Notice posted pursuant to this subsection is supplemental to and is not a substitute for the minimum public notice required pursuant to subsection 4. The inability of a public body to post notice of a meeting pursuant to this subsection as a result of technical problems with its website shall not be deemed to be a violation of the provisions of this chapter.
7. Upon any request, a public body shall provide, at no charge, at least one copy of:
(a) An agenda for a public meeting;
(b) A proposed ordinance or regulation which will be discussed at the public meeting; and
κ2021 Statutes of Nevada, Page 1210 (CHAPTER 247, AB 253)κ
(c) Subject to the provisions of subsection 8 or 9, as applicable, any other supporting material provided to the members of the public body for an item on the agenda, except materials:
(1) Submitted to the public body pursuant to a nondisclosure or confidentiality agreement which relates to proprietary information;
(2) Pertaining to the closed portion of such a meeting of the public body; or
(3) Declared confidential by law, unless otherwise agreed to by each person whose interest is being protected under the order of confidentiality.
Κ The public body shall make at least one copy of the documents described in paragraphs (a), (b) and (c) available to the public at the meeting to which the documents pertain. As used in this subsection, proprietary information has the meaning ascribed to it in NRS 332.025.
8. Unless it must be made available at an earlier time pursuant to NRS 288.153, a copy of supporting material required to be provided upon request pursuant to paragraph (c) of subsection 7 must be:
(a) If the supporting material is provided to the members of the public body before the meeting, made available to the requester at the time the material is provided to the members of the public body; or
(b) If the supporting material is provided to the members of the public body at the meeting, made available at the meeting to the requester at the same time the material is provided to the members of the public body.
Κ If the requester has agreed to receive the information and material set forth in subsection 7 by electronic mail, the public body shall, if feasible, provide the information and material by electronic mail.
9. Unless the supporting material must be posted at an earlier time pursuant to NRS 288.153, and except as otherwise provided in subsection 11, the governing body of a county or city whose population is 45,000 or more shall post the supporting material described in paragraph (c) of subsection 7 to its website not later than the time the material is provided to the members of the governing body or, if the supporting material is provided to the members of the governing body at a meeting, not later than 24 hours after the conclusion of the meeting. Such posting is supplemental to the right of the public to request the supporting material pursuant to subsection 7. The inability of the governing body, as a result of technical problems with its website, to post supporting material pursuant to this subsection shall not be deemed to be a violation of the provisions of this chapter.
10. [A] Except as otherwise provided in subsection 11, a public body may provide the public notice, information or supporting material required by this section by electronic mail. Except as otherwise provided in this subsection, if a public body makes such notice, information or supporting material available by electronic mail, the public body shall inquire of a person who requests the notice, information or supporting material if the person will accept receipt by electronic mail. If a public body is required to post the public notice, information or supporting material on its website pursuant to this section, the public body shall inquire of a person who requests the notice, information or supporting material if the person will accept by electronic mail a link to the posting on the website when the documents are made available. The inability of a public body, as a result of technical problems with its electronic mail system, to provide a public notice, information or supporting material or a link to a website required by this section to a person who has agreed to receive such notice, information, supporting material or link by electronic mail shall not be deemed to be a violation of the provisions of this chapter.
κ2021 Statutes of Nevada, Page 1211 (CHAPTER 247, AB 253)κ
supporting material or link by electronic mail shall not be deemed to be a violation of the provisions of this chapter.
11. If a public body holds a meeting using a remote technology system pursuant to NRS 241.023 and has no physical location for the meeting, the public body must:
(a) Have an Internet website; and
(b) Post to its Internet website:
(1) The public notice required by this section; and
(2) Supporting material not later than the time the material is provided to the members of the governing body or, if the supporting material is provided to the members of the governing body at a meeting, not later than 24 hours after the conclusion of the meeting.
Κ The inability of the governing body, as a result of technical problems with its Internet website, to post supporting material pursuant to this subsection shall not be deemed to be a violation of the provisions of this chapter.
12. As used in this section, emergency means an unforeseen circumstance which requires immediate action and includes, but is not limited to:
(a) Disasters caused by fire, flood, earthquake or other natural causes; or
(b) Any impairment of the health and safety of the public.
Sec. 3. NRS 241.023 is hereby amended to read as follows:
241.023 1. [A] Except as otherwise provided in subsection 2, a public body may conduct a meeting by means of [teleconference or videoconference] a remote technology system if:
(a) A quorum is actually or collectively present, whether in person , by using the remote technology system or by means of electronic communication . [; and]
(b) [There is] Members of the public are permitted to:
(1) Attend and participate at a physical location designated for the meeting where members of the public are permitted to attend and participate [.] ; or
(2) Hear and observe the meeting, participate in the meeting by telephone and provide live public comment during the meeting using the remote technology system. A public body may also allow public comment by means of prerecorded messages.
(c) The public body reasonably ensures that any person who is not a member of the public body or a member of the public but is otherwise required or allowed to participate in the meeting is able to participate in the portion of the meeting that pertains to the person using the remote technology system. The public body shall be deemed to have complied with the requirements of this paragraph if the public body provides the person with a web-based link and a telephone number, in case of technical difficulties, that allows the person in real time to attend and participate in the meeting. Nothing in this paragraph requires a public body to provide a person with technical support to address the persons individual hardware, software or other technical issues.
2. If all members of a public body:
(a) Are required to be elected officials, the public body shall not conduct a meeting by means of a remote technology system without a physical location designated for the meeting where members of the public are permitted to attend and participate.
κ2021 Statutes of Nevada, Page 1212 (CHAPTER 247, AB 253)κ
(b) Are not required to be elected officials, the public body shall not conduct a meeting by means of a remote technology system without a physical location designated for the meeting where members of the public are permitted to attend and participate unless the public body complies with the provisions of subsection 11 of NRS 241.020.
3. If any member of a public body attends a meeting by means of [teleconference or videoconference,] a remote technology system, the chair of the public body, or his or her designee, must make reasonable efforts to ensure that:
(a) Members of the public body and members of the public present at the physical location of the meeting can hear or observe each member attending by [teleconference or videoconference;] a remote technology system; and
(b) Each member of the public body in attendance can participate in the meeting.
Sec. 4. (Deleted by amendment.)
Sec. 5. NRS 241.0353 is hereby amended to read as follows:
241.0353 1. Any statement which is made by a member of a public body during the course of a public meeting is absolutely privileged and does not impose liability for defamation or constitute a ground for recovery in any civil action.
2. [A] Subject to a qualified privilege, a witness who is testifying before a public body [is absolutely privileged to] may publish defamatory matter as part of a public meeting . [, except that it] It is unlawful to misrepresent any fact knowingly when testifying before a public body.
Sec. 6. NRS 233B.0607 is hereby amended to read as follows:
233B.0607 1. The agency shall at the time of giving the notice of intent to act upon a regulation required pursuant to NRS 233B.060:
(a) Deposit one copy of the notice and text of the proposed regulation with the State Library, Archives and Public Records Administrator;
(b) Keep at least one copy of the notice and text available in each of its offices from the date of the notice to the date of the hearing, for inspection and copying by the public; and
(c) [If the agency does not maintain an office in a county, deposit one copy of the notice and text with the librarian of the main public library in the county.] Post a copy of the notice and text of the proposed regulation on the Internet website of the agency.
2. The agency shall provide in print or an electronic format a copy of the notice of intent to act upon a regulation required pursuant to NRS 233B.060 and the text of the proposed regulation to any person who requests a copy from the agency.
3. The text of the proposed regulation so disseminated must include the entire text of any section of the Nevada Administrative Code which is proposed for amendment or repeal.
[3.] 4. After the final version of an adopted regulation is received, each such librarian may discard the deposited copy of the text of the proposed regulation.
Sec. 7. This act becomes effective upon passage and approval.
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