2021 Statutes of Nevada, Pages 2029-2190

[Rev. 9/10/2021 11:33:43 AM]

Link to Page 2028

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CHAPTER 346, SB 449

Senate Bill No. 449–Committee on Finance

CHAPTER 346

[Approved: June 3, 2021]

AN ACT relating to outdoor recreation; transferring the duty to develop and administer the Outdoor Education and Recreation Grant Program from the Administrator of the Division of State Parks of the State Department of Conservation and Natural Resources to the Administrator of the Division of Outdoor Recreation of the Department; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law creates the Outdoor Education and Recreation Grant Program and requires the Administrator of the Division of State Parks of the State Department of Conservation and Natural Resources to develop and administer the Grant Program to award grants to public and private entities to conduct outdoor education and recreation programs for pupils in this State. (NRS 407A.200-407A.235) Existing law also: (1) creates the Division of Outdoor Recreation of the Department; (2) creates the position of the Administrator of the Division; and (3) sets forth the general powers and duties of the Administrator. (NRS 407A.500-407A.595) Section 2 of this bill transfers the duty to develop and administer the Grant Program from the Administrator of the Division of State Parks to the Administrator of the Division of Outdoor Recreation. Section 1 of this bill makes a conforming change.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 407A.100 is hereby amended to read as follows:

407A.100 As used in NRS 407A.100 to [407A.235,] 407A.145, inclusive, unless the context otherwise requires, the words and terms defined in NRS 407A.105 and 407A.110 have the meanings ascribed to them in those sections.

Sec. 2. NRS 407A.200 is hereby amended to read as follows:

407A.200 As used in NRS 407A.200 to 407A.235, inclusive, unless the context otherwise requires [,] :

1. “Administrator” means the Administrator of the Division of Outdoor Recreation of the State Department of Conservation and Natural Resources.

2. “Grant Program” means the Outdoor Education and Recreation Grant Program created by NRS 407A.220.

Sec. 3. 1. Any administrative regulations adopted by an officer or an agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remain in force until amended by the officer or agency to which the responsibility for the adoption of the regulations has been transferred.

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transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer or agency to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.

3. Any action taken by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remains in effect as if taken by the officer or agency to which the responsibility for the enforcement of such actions has been transferred.

Sec. 4. The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name has been changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

Sec. 5. This act becomes effective on July 1, 2021.

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CHAPTER 347, SB 453

Senate Bill No. 453–Committee on Finance

CHAPTER 347

[Approved: June 3, 2021]

AN ACT relating to financial services; authorizing the Commissioner of Financial Institutions, in furtherance of his or her duties or the duties of the Division of Financial Institutions of the Department of Business and Industry with respect to the issuance and renewal of certain licenses and certificates, to participate in the Nationwide Multistate Licensing System and Registry; authorizing the Commissioner to take certain actions relating to participation in the Registry; revising the requirements for applicants for certain licenses or certificates issued by the Commissioner and by the Division; revising provisions relating to the expiration and renewal of certain licenses or certificates issued by the Commissioner and by the Division; requiring the holders of certain licenses or certificates issued by the Commissioner to submit certain reports to the Registry; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law provides for the licensure or certification by the Division of Financial Institutions of the Department of Business and Industry or the Commissioner of Financial Institutions of providers of deferred deposit loans, high-interest loans, title loans, check-cashing services, consumer litigation funding companies, private professional guardians, exchange facilitators, collection agencies, issuers of instruments for transmission or payment of money, providers of installment loans and providers of debt-management services.

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ê2021 Statutes of Nevada, Page 2031 (CHAPTER 347, SB 453)ê

installment loans and providers of debt-management services. (Chapters 604A, 604C, 628B, 645G, 649, 671, 675 and 676A of NRS) This bill revises various provisions of existing law concerning the issuance and renewal of licenses and certificates by the Commissioner or Division for the purpose of authorizing such licenses and certificates to be issued and renewed through the Nationwide Multistate Licensing System and Registry.

Section 34 of this bill defines the “Nationwide Multistate Licensing System and Registry” to mean, in general, a multistate licensing system developed by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators and operated by the State Regulatory Registry, LLC, for the licensing and registration of non-depository financial service entities by participating state agencies. Sections 2, 11, 22, 35, 46, 57, 68 and 80 of this bill: (1) authorize the Commissioner, in furtherance of his or her duties or the duties of the Division, as applicable, with respect to the issuance and renewal of licenses and certificates, to participate in the Registry; and (2) set forth certain actions that the Commissioner is authorized to take concerning participation in the Registry, including, among others, requiring applicants for or holders of licenses and certificates to use the Registry to submit certain information and fees relating to licensure or certification.

Sections 3, 12, 23, 36, 47, 58, 69 and 81 of this bill authorize the Commissioner to: (1) require an applicant for licensure or certification or a licensee or certificate holder to submit a complete set of fingerprints when the Commissioner determines necessary; and (2) use the services of the Registry to process and to submit the fingerprints to the Federal Bureau of Investigation and certain other federal and state agencies for the purposes of conducting a criminal background check. Sections 5, 14, 25, 38, 49, 60, 71 and 83 of this bill similarly require each applicant for the issuance of a license or certificate and certain other persons to submit a complete set of fingerprints to the Registry. Sections 17, 28, 41, 53, 63, 74, 86 and 88 of this bill remove provisions of existing law requiring applicants for certain licenses or certificates to submit fingerprints to the Commissioner or the Division to conform with the requirements set forth in this bill concerning the submission of fingerprints to the Commissioner and Registry.

Sections 4, 13, 24, 37, 48, 59, 70 and 82 of this bill: (1) require the Commissioner to report to the Registry certain information concerning violations of applicable laws by applicants for licenses or certificates and licensees or certificate holders; and (2) authorize the Commissioner to enter into certain agreements or sharing arrangements with the Conference of State Bank Supervisors, the State Regulatory Registry, LLC, and certain other entities.

Sections 6, 15, 26, 39, 50, 61, 72 and 84 of this bill: (1) authorize the Commissioner to issue a license or certificate through the Registry; and (2) provide that, to the extent that the Commissioner has delegated his or her duties or the duties of the Division, as applicable, with respect to the issuance or renewal of licenses or certificates as authorized under the provisions of this bill, references to the Commissioner or Division in provisions of existing law governing the issuance or renewal of such licenses or certificates are deemed to be references to the Registry.

Sections 8, 18, 32, 42, 51, 64, 74-77, 87 and 89 of this bill provide that certain licenses and certificates expire on December 31 of each year. A person who wishes to renew such a license or certificate must submit any materials and fees required for renewal on or after November 1 and on or before December 31. If such a person fails to do so in any year, the license or certificate is cancelled as of December 31 of that year. Sections 8, 18, 32, 42, 51, 64, 75 and 89 authorize the Commissioner to reinstate certain licenses or certificates which have been cancelled if the person submits any applicable materials and fees required for renewal and reinstatement on or before February 28 of the following year.

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Section 9 of this bill requires a person who is licensed to engage in the business of selling or issuing checks or of receiving for transmission or transmitting money or credits to submit an annual report to the Registry. Similarly, sections 19, 43, 54, 65 and 90 of this bill: (1) require certain licensees that are required to submit certain annual reports to the Commissioner to also submit such reports to the Registry; and (2) authorize the Commissioner to require such licensees to submit additional, more frequent reports as the Commissioner determines necessary.

Section 91 of this bill requires the Commissioner to notify the Governor and the Director of the Legislative Counsel Bureau when the Commissioner determines that the Registry has sufficient capabilities to allow the Commissioner to carry out the provisions of sections 1-90 of this bill and requires the Commissioner to publish the notice on the Internet website of the Division. Under section 92 of this bill, the provisions of sections 1-90 become effective for all purposes on the date on which the Commissioner provides such notice.

Sections 27, 40, 52, 62, 73 and 85 of this bill make conforming changes to indicate the proper placement of certain sections of this bill in the Nevada Revised Statutes. Sections 29-31 of this bill make conforming changes to reflect the revisions made to the provisions of section 28.

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 671 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

Sec. 2. 1. The Commissioner may, in furtherance of his or her duties with respect to the issuance and renewal of licenses pursuant to this chapter, participate in the Nationwide Multistate Licensing System and Registry. The Commissioner may take any action with respect to participation in the Registry that the Commissioner deems necessary to carry out his or her duties, including, without limitation:

(a) Facilitating and participating in the establishment and implementation of the Registry;

(b) Establishing relationships or contracts with the Registry or other entities designated by the Registry;

(d) Authorizing the Registry to, on behalf of the Commissioner, collect and process any fees associated with licensure, examinations, fines, assessments and any other similar fees;

(e) Requiring an applicant for a license or a licensee to use the Registry to:

(1) Apply for the issuance or renewal of a license;

(2) Amend or surrender a license;

(3) Submit any reports or the results of any examination that the Commissioner may require;

(4) Pay any applicable fees; and

(5) Engage in any other activity that the Commissioner may require; and

(f) Authorizing the Registry to, on behalf of the Commissioner, collect fingerprints in order to receive or conduct a background check on the criminal history of an applicant for a license or a licensee.

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ê2021 Statutes of Nevada, Page 2033 (CHAPTER 347, SB 453)ê

2. An applicant for a license or a licensee shall, in addition to any other fees associated with the license, pay all applicable charges to use the Registry, including, without limitation, any processing charges established by the administrator of the Registry.

3. The Commissioner may adopt any regulations the Commissioner determines to be necessary or appropriate to carry out the provisions of this section. Such regulations may, without limitation, establish additional procedures and requirements for participation in the Registry.

4. The provisions of this section shall not be construed to replace or affect the authority of the Commissioner to grant, deny, suspend, terminate, revoke or refuse to renew a license.

Sec. 3. 1. The Commissioner may require an applicant for a license or a licensee to submit a complete set of fingerprints when the Commissioner determines necessary.

2. The Commissioner may use the services of the Registry to process and to submit the fingerprints to the Federal Bureau of Investigation, to the Central Repository for Nevada Records of Criminal History, to any federal or state law enforcement agency or to any other entity authorized to receive such information for the purpose of conducting a background check of the criminal history of an applicant for a license or a licensee.

Sec. 4. 1. Subject to any limitations or restrictions contained in federal or state law governing the privacy or confidentiality of records, the Commissioner shall report regularly any violations of applicable laws committed by applicants for licenses or licensees, enforcement actions and other relevant information to the Registry.

2. The requirements under any federal or state law, including, without limitation, rules of a federal or state court, regarding the privacy and confidentiality of any information or material provided to the Registry and any privilege arising under federal or state law with respect to such information or material, continue to apply to such information or material after it has been disclosed to the Registry. Such information and material may be shared with federal and state regulatory officials with oversight authority over licensees without the loss of privilege or the loss of confidentiality protections provided by federal or state law.

3. The Commissioner may enter into agreements or sharing arrangements with other governmental agencies, the Conference of State Bank Supervisors, the State Regulatory Registry, LLC, or other associations representing governmental agencies.

Sec. 5. 1. In addition to any other requirements set forth in this chapter, each applicant for the issuance of a license pursuant to this chapter and each owner, officer, director and responsible person of the applicant, each person in control of the applicant and any other person the Commissioner may require in accordance with guidelines of the Registry or other multistate agreements shall submit to the Registry:

(a) A complete set of fingerprints for submission to the Federal Bureau of Investigation and any other governmental agency or entity authorized to receive such information for a state, national and international background check on the criminal history of the person;

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(b) Information concerning the personal history, financial history and experience of the person in a form prescribed by the Registry, including, without limitation, an authorization of the person for the Registry and the Commissioner to obtain:

(1) An independent credit report and credit score from a consumer reporting agency described in section 603(f) of the Fair Credit Reporting Act, 15 U.S.C. § 1681a(f), for the purpose of evaluating the financial responsibility of the person at the time of the submission of the application; and

(2) Additional independent credit reports and credit scores to confirm that the person continues to comply with any applicable requirements concerning financial responsibility;

(c) Information related to any administrative, civil or criminal findings made by any governmental jurisdiction concerning the person; and

(d) Any other information concerning the person that the Registry or Commissioner may require.

2. As used in this section:

(a) “Control” has the meaning ascribed to it in NRS 682A.047.

(b) “Responsible person” means a person who is employed by an applicant and who has principal, active managerial authority over the provision of services in this State.

Sec. 6. 1. Each licensee shall register with and maintain a valid unique identifier with the Registry.

2. The Commissioner may issue a license through the Registry.

3. To the extent that the Commissioner has delegated to the Registry any of his or her duties with respect to the issuance and renewal of licenses as authorized by the provisions of this chapter, any reference to the Commissioner in this chapter shall be deemed to be a reference to the Registry.

4. As used in this section, “unique identifier” means a number or other identifier assigned by the protocols established by the Registry.

Sec. 7. NRS 671.010 is hereby amended to read as follows:

671.010 As used in this chapter, unless the context otherwise requires:

1. “Check” means any check, draft, money order or other instrument used for the transmission or payment of money. “Check” does not include a traveler’s check.

2. “Licensee” means any person licensed under this chapter.

3. “Nationwide Multistate Licensing System and Registry” or “Registry” has the meaning ascribed to it in section 34 of this act.

Sec. 8. NRS 671.070 is hereby amended to read as follows:

671.070 1. A license issued pursuant to this chapter expires on [June 30 of the year following its issuance and thereafter expires on June 30] December 31 of each year, unless it is earlier surrendered, suspended or revoked.

2. The license may be renewed from year to year upon the approval of the Commissioner if the licensee , on or after November 1 and on or before December 31 of each year, files an application conforming to the requirements for an initial application . [at least 60 days before the expiration of his or her current license.]

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ê2021 Statutes of Nevada, Page 2035 (CHAPTER 347, SB 453)ê

3. An application for the renewal of the license must be accompanied by a fee of not more than $400. No investigation fee may be charged for the renewal of the license. If the application or fee for renewal is not filed within the required time, the Commissioner may [renew] reinstate the expired license [upon receipt of] if the licensee files the application [and] , the fee for renewal [,] and a fee of not more than $400 for late renewal [.] , if applicable, on or before February 28 of the year following the expiration of the license.

4. The Commissioner shall adopt regulations establishing the amount of the fees required pursuant to this section. All fees collected pursuant to this section must be deposited in the State Treasury pursuant to the provisions of NRS 658.091.

Sec. 9. NRS 671.170 is hereby amended to read as follows:

671.170 1. The Commissioner may conduct any necessary investigations and hearings to determine whether any licensee or other person has violated any of the provisions of this chapter or whether any licensee has conducted himself or herself in a manner which requires the suspension, revocation or denial of renewal of his or her license.

2. In conducting any investigation or hearing pursuant to this chapter, the Commissioner, or any person designated by the Commissioner, may require the attendance and testimony of any person and compel the production of all relevant books, records, accounts and other documents. The Commissioner shall charge and collect from each licensee or other person a fee at the rate established and, if applicable, adjusted pursuant to NRS 658.101 for the cost of any supervision, audit, examination, investigation or hearing conducted pursuant to this chapter or any regulations adopted pursuant thereto.

3. Each licensee shall submit to the Registry, on or before April 15 of each year, an annual report of condition on a form prescribed by the Commissioner. The Commissioner may require any licensee to submit such reports concerning the licensee’s business as the Commissioner deems necessary for the enforcement of this chapter.

4. Except as otherwise provided in NRS 239.0115, all reports of investigations and examinations and other reports rendered pursuant to this section, and all correspondence and memoranda relating to or arising therefrom, including any authenticated copies thereof in the possession of any licensee or the Commissioner, are confidential communications, are not subject to any subpoena, and must not be made public unless the Commissioner determines that justice and the public advantage will be served by their publication. This subsection does not preclude any party to an administrative or judicial proceeding from introducing into evidence any information or document otherwise available or admissible.

Sec. 10. Chapter 675 of NRS is hereby amended by adding thereto the provisions set forth as sections 11 to 15, inclusive, of this act.

Sec. 11. 1. The Commissioner may, in furtherance of his or her duties with respect to the issuance and renewal of licenses, participate in the Nationwide Multistate Licensing System and Registry. The Commissioner may take any action with respect to participation in the Registry that the Commissioner deems necessary to carry out his or her duties, including, without limitation:

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ê2021 Statutes of Nevada, Page 2036 (CHAPTER 347, SB 453)ê

(a) Facilitating and participating in the establishment and implementation of the Registry;

(b) Establishing relationships or contracts with the Registry or other entities designated by the Registry;

(d) Authorizing the Registry to, on behalf of the Commissioner, collect and process any fees associated with licensure, examinations, fines, assessments and any other similar fees;

(e) Requiring an applicant for a license or a licensee to use the Registry to:

(1) Apply for the issuance or renewal of a license;

(2) Amend or surrender a license;

(3) Submit any reports or the results of any examination that the Commissioner may require;

(4) Pay any applicable fees; and

(5) Engage in any other activity that the Commissioner may require; and

4. The provisions of this section shall not be construed to replace or affect the authority of the Commissioner to grant, deny, suspend, terminate, revoke or refuse to renew a license.

Sec. 12. 1. The Commissioner may require an applicant for a license or a licensee to submit a complete set of fingerprints when the Commissioner determines necessary.

Sec. 13. 1. Subject to any limitations or restrictions contained in federal or state law governing the privacy or confidentiality of records, the Commissioner shall report regularly any violations of applicable laws committed by applicants for a license or licensees, enforcement actions and other relevant information to the Registry.

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ê2021 Statutes of Nevada, Page 2037 (CHAPTER 347, SB 453)ê

information or material, continue to apply to such information or material after it has been disclosed to the Registry. Such information and material may be shared with federal and state regulatory officials with oversight authority over licensees without the loss of privilege or the loss of confidentiality protections provided by federal or state law.

Sec. 14. 1. In addition to any other requirements set forth by specific statute, each applicant for the issuance of a license and each owner, officer, director and responsible person of the applicant, each person in control of the applicant and any other person the Commissioner may require in accordance with guidelines of the Registry or other multistate agreements shall submit to the Registry:

(2) Additional independent credit reports and credit scores to confirm that the applicant continues to comply with any applicable requirements concerning financial responsibility;

(c) Information related to any administrative, civil or criminal findings made by any governmental jurisdiction concerning the person; and

(d) Any other information concerning the person that the Registry or Commissioner may require.

2. As used in this section:

(a) “Control” has the meaning ascribed to it in NRS 682A.047.

(b) “Responsible person” means a person who is employed by an applicant and who has principal, active managerial authority over the provision of services in this State.

Sec. 15. 1. Each licensee shall register with and maintain a valid unique identifier with the Registry.

2. The Commissioner may issue a license through the Registry.

3. To the extent that the Commissioner has delegated to the Registry any of his or her duties with respect to the issuance and renewal of licenses as authorized by this chapter, any reference to the Commissioner in this chapter shall be deemed to be a reference to the Registry.

4. As used in this section, “unique identifier” means a number or other identifier assigned by the protocols established by the Registry.

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ê2021 Statutes of Nevada, Page 2038 (CHAPTER 347, SB 453)ê

Sec. 16. NRS 675.020 is hereby amended to read as follows:

675.020 As used in this chapter, unless the context otherwise requires:

1. “Amount of cash advance” means the amount of cash or its equivalent actually received by a borrower or paid out at his or her direction or on his or her behalf.

2. “Amount of loan obligation” means the amount of cash advance plus the aggregate of charges added thereto pursuant to authority of this chapter.

3. “Commissioner” means the Commissioner of Financial Institutions.

4. “Community” means a contiguous area of the same economic unit or metropolitan area as determined by the Commissioner, and may include all or part of a city or several towns or cities.

5. “Consumer credit” has the meaning ascribed to it in NRS 604A.036.

6. “Covered service member” has the meaning ascribed to it in NRS 604A.038.

7. “Dependent” has the meaning ascribed to it in NRS 604A.057.

8. “Internet business lender” means a person who makes business loans exclusively through the Internet.

9. “License” means a license, issued under the authority of this chapter, to make loans in accordance with the provisions of this chapter, at a single place of business.

10. “Licensee” means a person to whom one or more licenses have been issued.

11. “Nationwide Multistate Licensing System and Registry” or “Registry” has the meaning ascribed to it in section 34 of this act.

Sec. 17. NRS 675.095 is hereby amended to read as follows:

675.095 1. In addition to any other requirements set forth in this chapter, each applicant must submit [:

(a) Proof] proof satisfactory to the Commissioner that the applicant:

[(1)] (a) Has a good reputation for honesty, trustworthiness and integrity and is competent to transact the business for which the applicant seeks to be licensed in a manner which protects the interests of the general public.

[(2)] (b) Has not made a false statement of material fact on the application for the license.

[(3)] (c) Has not committed any of the acts specified in subsection 2.

[(4)] (d) Has not had a license issued pursuant to this chapter suspended or revoked within the 10 years immediately preceding the date of the application.

[(5)] (e) Has not been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude.

[(6)] (f) If the applicant is a natural person:

[(I)] (1) Is at least 21 years of age; and

[(II)] (2) Is a citizen of the United States or lawfully entitled to remain and work in the United States.

[(b) A complete set of his or her fingerprints and written permission authorizing the Division of Financial Institutions of the Department of Business and Industry to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.]

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ê2021 Statutes of Nevada, Page 2039 (CHAPTER 347, SB 453)ê

Business and Industry to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.]

2. In addition to any other lawful reasons, the Commissioner may refuse to issue a license to an applicant if the applicant:

(a) Has committed or participated in any act which, if committed or done by a holder of a license, would be grounds for the suspension or revocation of the license.

(b) Has previously been refused a license pursuant to this chapter or has had such a license suspended or revoked.

(d) Has falsified any of the information submitted to the Commissioner in support of the application for the license.

Sec. 18. NRS 675.140 is hereby amended to read as follows:

675.140 1. A license expires on December 31 of each year unless renewed by the licensee . [through the payment, on] To renew a license, a licensee must submit to the Commissioner on or after November 1 and on or before [that date,] December 31 of [an annual] each year:

(a) An application for renewal; and

(b) A fee of not more than $1,000 for each license held by the licensee. [The]

2. If a licensee fails to submit any item required pursuant to subsection 1 to the Commissioner on or after November 1 and on or before December 31 of any year, the license is cancelled as of December 31 of that year. The Commissioner may reinstate [an expired] a cancelled license [upon receipt of the annual] if the licensee submits to the Commissioner on or before February 28 of the following year:

(a) An application for renewal;

(b) The fee specified in paragraph (b) of subsection 1; and [a]

[2.] 3. The Commissioner shall adopt regulations establishing the amount of the fees required pursuant to this section.

Sec. 19. NRS 675.260 is hereby amended to read as follows:

675.260 1. Annually, on or before April 15, each licensee shall file with the Commissioner and the Nationwide Multistate Licensing System and Registry a report of operations of the licensed business for the preceding calendar year.

[2.] The report must be made under oath and must be in the form and contain information prescribed by the Commissioner.

[3.] If any person or affiliated group holds more than one license in the state, it may file a composite annual report.

2. The Commissioner may require a licensee to file more frequent reports as the Commissioner determines necessary.

Sec. 20. Chapter 676A of NRS is hereby amended by adding thereto the provisions set forth as sections 21 to 26, inclusive, of this act.

Sec. 21. “Nationwide Multistate Licensing System and Registry” or “Registry” has the meaning ascribed to it in section 34 of this act.

Sec. 22. 1. The Commissioner may, in furtherance of his or her duties with respect to the issuance and renewal of certificates of registration pursuant to this chapter, participate in the Nationwide Multistate Licensing System and Registry.

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ê2021 Statutes of Nevada, Page 2040 (CHAPTER 347, SB 453)ê

registration pursuant to this chapter, participate in the Nationwide Multistate Licensing System and Registry. The Commissioner may take any action with respect to participation in the Registry that the Commissioner deems necessary to carry out his or her duties, including, without limitation:

(a) Facilitating and participating in the establishment and implementation of the Registry;

(b) Establishing relationships or contracts with the Registry or other entities designated by the Registry;

(c) Authorizing the Registry to collect and maintain records of applicants for and holders of certificates of registration;

(d) Authorizing the Registry to, on behalf of the Commissioner, collect and process any fees associated with registration, examinations, fines, assessments and any other similar fees;

(e) Requiring an applicant for or holder of a certificate of registration to use the Registry to:

(1) Apply for the issuance or renewal of a certificate of registration;

(2) Amend or surrender a registration;

(3) Submit any reports or the results of any examination that the Commissioner may require;

(4) Pay any applicable fees; and

(5) Engage in any other activity that the Commissioner may require; and

2. An applicant for or holder of a certificate of registration shall, in addition to any other fees associated with the registration, pay all applicable charges to use the Registry, including, without limitation, any processing charges established by the administrator of the Registry.

3. The Commissioner may adopt any regulations the Commissioner determines to be necessary or appropriate to carry out the provisions this section. Such regulations may, without limitation, establish additional procedures and requirements for participation in the Registry.

4. The provisions of this section shall not be construed to replace or affect the authority of the Commissioner to grant, deny, suspend, terminate, revoke or refuse to renew a certificate of registration.

Sec. 23. 1. The Commissioner may require an applicant for or holder of a certificate of registration to submit a complete set of fingerprints when the Commissioner determines necessary.

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ê2021 Statutes of Nevada, Page 2041 (CHAPTER 347, SB 453)ê

Sec. 24. 1. Subject to any limitations or restrictions contained in federal or state law governing the privacy or confidentiality of records, the Commissioner shall report regularly any violations of applicable laws committed by applicants for or holders of a certificate of registration, enforcement actions and other relevant information to the Registry.

2. The requirements under any federal or state law, including, without limitation, rules of a federal or state court, regarding the privacy and confidentiality of any information or material provided to the Registry and any privilege arising under federal or state law with respect to such information or material, continue to apply to such information or material after it has been disclosed to the Registry. Such information and material may be shared with federal and state regulatory officials with oversight authority over holders of a certificate of registration without the loss of privilege or the loss of confidentiality protections provided by federal or state law.

Sec. 25. 1. In addition to any other requirements set forth by specific statute, each applicant for the issuance of a registration and each owner, officer, director and responsible person of the applicant, each person in control of the applicant and any other person the Commissioner may require in accordance with guidelines of the Registry or other multistate agreements shall submit to the Registry:

(2) Additional independent credit reports and credit scores to confirm that the applicant continues to comply with any applicable requirements concerning financial responsibility;

(c) Information related to any administrative, civil or criminal findings made by any governmental jurisdiction concerning the person; and

(d) Any other information concerning the person that the Registry or Commissioner may require.

2. As used in this section:

(a) “Control” has the meaning ascribed to it in NRS 682A.047.

(b) “Responsible person” means a person who is employed by an applicant and who has principal, active managerial authority over the provision of services in this State.

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ê2021 Statutes of Nevada, Page 2042 (CHAPTER 347, SB 453)ê

Sec. 26. 1. Each holder of a certificate of registration shall register with and maintain a valid unique identifier with the Registry.

2. The Commissioner may issue a certificate of registration through the Registry.

3. To the extent that the Commissioner has delegated to the Registry any of his or her duties with respect to the issuance and renewal of certificates of registration as authorized by this chapter, any reference to the Commissioner in this chapter shall be deemed to be a reference to the Registry.

4. As used in this section, “unique identifier” means a number or other identifier assigned by the protocols established by the Registry.

Sec. 27. NRS 676A.020 is hereby amended to read as follows:

676A.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 676A.030 to 676A.260, inclusive, and section 21 of this act have the meanings ascribed to them in those sections.

Sec. 28. NRS 676A.320 is hereby amended to read as follows:

676A.320 An application for registration must be signed under oath and include:

1. The applicant’s name, principal business address and telephone number and all other business addresses in this State, electronic mail addresses and Internet website addresses;

2. All names under which the applicant conducts business;

3. The address of each location in this State at which the applicant will provide debt-management services or a statement that the applicant will have no such location;

4. The name and home address of each officer and director of the applicant and each person that owns at least 10 percent of the applicant;

5. Identification of every jurisdiction in which, during the 5 years immediately preceding the application:

(a) The applicant or any of its officers or directors have been licensed or registered to provide debt-management services; or

(b) Individuals have resided when they received debt-management services from the applicant;

6. A statement describing, to the extent it is known or should be known by the applicant, any material civil or criminal judgment or litigation and any material administrative or enforcement action by a governmental agency in any jurisdiction against the applicant, any of its officers, directors, owners or agents or any person who is authorized to have access to the trust account required by NRS 676A.570;

7. The applicant’s financial statements for each of the 2 years immediately preceding the application or, if it has not been in operation for the 2 years preceding the application, for the period of its existence, which must be audited by an accountant licensed to conduct audits if the applicant is claiming nonprofit or tax-exempt status or if the applicant’s business practices involve holding, accessing or directing the funds of an individual;

8. Evidence of accreditation by an independent accrediting organization approved by the Commissioner;

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ê2021 Statutes of Nevada, Page 2043 (CHAPTER 347, SB 453)ê

9. Evidence that, within 12 months after initial employment, each of the applicant’s counselors becomes certified as a certified counselor or certified debt specialist;

10. A description of the three most commonly used educational programs that the applicant provides or intends to provide to individuals who reside in this State and a copy of any materials used or to be used in those programs;

11. A description of the applicant’s financial analysis and initial budget plan, including, without limitation, any form or electronic model used to evaluate the financial condition of individuals;

12. A copy of each form of agreement that the applicant will use with individuals who reside in this State;

13. The schedule of fees and charges that the applicant will use with individuals who reside in this State;

14. [A complete set of the fingerprints of every officer of the applicant and every employee or agent of the applicant who is authorized to have access to the trust account required by NRS 676A.570 and written permission from each individual submitting a complete set of fingerprints authorizing the Commissioner to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

15.] The names and addresses of all employers of each director during the 10 years immediately preceding the application;

[16.] 15. A description of any ownership interest of at least 10 percent by a director, owner or employee of the applicant in:

(a) Any affiliate of the applicant; or

(b) Any entity that provides products or services to the applicant or any individual relating to the applicant’s debt-management services;

[17.] 16. If the applicant is exempt from taxation, a statement of the amount of compensation of the applicant’s five most highly compensated employees for each of the 3 years immediately preceding the application or, if it has not been in operation for the 3 years preceding the application, for the period of its existence;

[18.] 17. The identity of each director who is an affiliate, as defined in subsection 1 of NRS 676A.030 or paragraph (a), (b), (d), (e), (f) or (g) of subsection 2 of NRS 676A.030, of the applicant; and

[19.] 18. Any other information that the Commissioner reasonably requires to perform the Commissioner’s duties under NRS 676A.350.

Sec. 29. NRS 676A.340 is hereby amended to read as follows:

676A.340 1. Except as otherwise provided in subsection 2, the Commissioner shall make the information in an application for registration as a provider available to the public.

2. Except as otherwise provided in NRS 239.0115, the information required by subsections 7 [, 14] and [17] 16 of NRS 676A.320 and the addresses required by subsection 4 of NRS 676A.320 are confidential and not subject to inspection by the general public.

Sec. 30. NRS 676A.350 is hereby amended to read as follows:

676A.350 1. Except as otherwise provided in subsections 3 and 4, the Commissioner shall issue a certificate of registration as a provider to a person that complies with NRS 676A.310 and 676A.320.

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ê2021 Statutes of Nevada, Page 2044 (CHAPTER 347, SB 453)ê

2. If an applicant has otherwise complied with NRS 676A.310 and 676A.320, including a timely effort to [obtain the information required by subsection 14 of NRS 676A.320,] submit a complete set of fingerprints of each applicable person specified in section 25 of this act, but the [information has] fingerprints have not been received, the Commissioner may issue a temporary certificate of registration. The temporary certificate expires not later than 180 days after issuance.

3. The Commissioner may deny registration if:

(a) The application contains information that is materially erroneous or incomplete;

(b) An officer, director or owner of the applicant has been convicted of a crime, or suffered a civil judgment, involving dishonesty or the violation of state or federal securities laws;

(c) The applicant or any of its officers, directors or owners have defaulted in the payment of money collected for others; or

(d) The Commissioner finds that the financial responsibility, experience, character or general fitness of the applicant or its owners, directors, employees or agents does not warrant belief that the business will be operated in compliance with this chapter.

4. The Commissioner shall deny registration if, with respect to an applicant that is organized as a nonprofit entity or has obtained tax-exempt status under the Internal Revenue Code, 26 U.S.C. § 501, the applicant’s board of directors is not independent of the applicant’s employees and agents.

5. Subject to adjustment of the dollar amount pursuant to subsection 6 of NRS 676A.730, a board of directors is not independent for purposes of subsection 4 if more than one-fourth of its members:

(a) Are affiliates of the applicant, as defined in subsection 1 of NRS 676A.030 or paragraph (a), (b), (d), (e), (f) or (g) of subsection 2 of NRS 676A.030; or

(b) After the date 10 years before first becoming a director of the applicant, were employed by or directors of a person that received from the applicant more than $25,000 in either the current year or the preceding year.

Sec. 31. NRS 676A.360 is hereby amended to read as follows:

676A.360 1. The Commissioner shall approve or deny an initial registration as a provider within 120 days after an application is filed. In connection with a request pursuant to subsection [19] 18 of NRS 676A.320 for additional information, the Commissioner may extend the 120-day period for not more than 60 days. Within 7 days after denying an application, the Commissioner, in a record, shall inform the applicant of the reasons for the denial.

2. If the Commissioner denies an application for registration as a provider or does not act on an application within the time prescribed in subsection 1, the applicant may appeal and request a hearing pursuant to NRS 233B.121 to 233B.150, inclusive.

[3. Subject to subsection 4 of NRS 676A.370 and NRS 676A.750, a registration as a provider is valid for 1 year.]

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ê2021 Statutes of Nevada, Page 2045 (CHAPTER 347, SB 453)ê

Sec. 32. NRS 676A.370 is hereby amended to read as follows:

676A.370 1. A registration as a provider [must obtain a renewal of its registration annually.] expires on December 31 of each year, unless it is renewed.

2. An application for renewal of registration as a provider must be in a form prescribed by the Commissioner, signed under oath, and:

(a) Be filed [not fewer than 30 days and not more than 60 days] on or after November 1 and on or before [the registration expires;] December 31 of each year;

(b) Be accompanied by the fee established by the Commissioner and the bond required by NRS 676A.390;

(c) Contain the matter required for initial registration as a provider by subsections 8 and 9 of NRS 676A.320 and a financial statement, audited by an accountant licensed to conduct audits, for the applicant’s fiscal year immediately preceding the application;

(d) Disclose any changes in the information contained in the applicant’s application for registration or its immediately previous application for renewal, as applicable, and if an application is otherwise complete and the applicant has made a timely effort to [obtain the information required by subsection 14 of NRS 676A.320] submit a complete set of fingerprints of each applicable person specified in section 25 of this act, but the [information has] fingerprints have not been received, the Commissioner may issue a temporary renewal of registration which expires not later than 180 days after issuance;

(e) Supply evidence of insurance in an amount equal to the larger of $250,000 or the highest daily balance in the trust account required by NRS 676A.570 during the 6-month period immediately preceding the application:

(1) Against risks of dishonesty, fraud, theft and other misconduct on the part of the applicant or a director, employee or agent of the applicant;

(2) Issued by an insurance company authorized to do business in this State and rated at least A or equivalent by a nationally recognized rating organization approved by the Commissioner;

(3) With a deductible not exceeding $5,000;

(4) Payable for the benefit of the applicant, this State and the individuals who are residents of this State, as their interests may appear; and

(5) Not subject to cancellation by the applicant or the insurer until 60 days after written notice has been given to the Commissioner;

(f) If the applicant has developed and implemented debt-management plans, disclose:

(1) The total amount of money received by the applicant pursuant to plans during the preceding 12 months from or on behalf of individuals who reside in this State and the total amount of money distributed to creditors of those individuals during that period; and

(2) To the best of the applicant’s knowledge, the gross amount of money accumulated during the preceding 12 months pursuant to plans by or on behalf of individuals who reside in this State and with whom the applicant has agreements; and

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ê2021 Statutes of Nevada, Page 2046 (CHAPTER 347, SB 453)ê

(g) Provide any other information that the Commissioner reasonably requires to perform the Commissioner’s duties under this section.

3. Except as otherwise provided in this subsection, the Commissioner shall make the information in an application for renewal of registration as a provider available to the public. Except as otherwise provided in NRS 239.0115, the information required by subsections 7 [, 14] and [17] 16 of NRS 676A.320 and the addresses required by subsection 4 of NRS 676A.320 are confidential and not subject to inspection by the general public.

4. If a registered provider files a timely and complete application for renewal of registration, the registration remains effective until the Commissioner, in a record, notifies the applicant of a denial and states the reasons for the denial.

5. If the Commissioner denies an application for renewal of registration as a provider, the applicant, within 30 days after receiving notice of the denial, may appeal and request a hearing pursuant to NRS 233B.121 to 233B.150, inclusive. Subject to NRS 676A.750, while the appeal is pending, the applicant must continue to provide debt-management services to individuals with whom it has agreements. If the denial is affirmed, subject to the Commissioner’s order and NRS 676A.750, the applicant must continue to provide debt-management services to individuals with whom it has agreements until, with the approval of the Commissioner, it transfers the agreements to another registered provider or returns to the individuals all unexpended money that is under the applicant’s control.

6. Except as otherwise provided in this section, if an applicant for renewal of a certificate of registration as a provider fails to submit any item required in this section to the Commissioner on or after November 1 and on or before December 31 of any year, the registration is cancelled as of December 31 of that year. The Commissioner may reinstate a cancelled registration if the applicant submits to the Commissioner on or before February 28 of the following year, all information and fees required for renewal pursuant to this section.

Sec. 33. Chapter 604A of NRS is hereby amended by adding thereto the provisions set forth as sections 34 to 39, inclusive, of this act.

Sec. 34. “Nationwide Multistate Licensing System and Registry” or “Registry” means a multistate licensing system developed by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators and operated by the State Regulatory Registry, LLC, for the licensing and registration of non-depository financial service entities by participating state agencies, or any successor to the Nationwide Multistate Licensing System and Registry.

Sec. 35. 1. The Commissioner may, in furtherance of his or her duties with respect to the issuance and renewal of licenses pursuant to this chapter, participate in the Nationwide Multistate Licensing System and Registry. The Commissioner may take any action with respect to participation in the Registry that the Commissioner deems necessary to carry out his or her duties, including, without limitation:

(a) Facilitating and participating in the establishment and implementation of the Registry;

(b) Establishing relationships or contracts with the Registry or other entities designated by the Registry;

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ê2021 Statutes of Nevada, Page 2047 (CHAPTER 347, SB 453)ê

(d) Authorizing the Registry to, on behalf of the Commissioner, collect and process any fees associated with licensure, examinations, fines, assessments and any other similar fees;

(e) Requiring an applicant for a license or a licensee to use the Registry to:

(1) Apply for the issuance or renewal of a license;

(2) Amend or surrender a license;

(3) Submit any reports or the results of any examination that the Commissioner may require;

(4) Pay any applicable fees; and

(5) Engage in any other activity that the Commissioner may require; and

3. The Commissioner may adopt any regulations the Commissioner determines to be necessary or appropriate to carry out this section. Such regulations may, without limitation, establish additional procedures and requirements for participation in the Registry.

4. The provisions of this section shall not be construed to replace or affect the authority of the Commissioner to grant, deny, suspend, terminate, revoke or refuse to renew a license.

Sec. 36. 1. The Commissioner may require an applicant for a license or a licensee to submit a complete set of fingerprints when the Commissioner determines necessary.

Sec. 37. 1. Subject to any limitations or restrictions contained in federal or state law governing the privacy or confidentiality of records, the Commissioner shall report regularly any violations of applicable laws committed by applicants for a license or licensees, enforcement actions and other relevant information to the Registry.

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ê2021 Statutes of Nevada, Page 2048 (CHAPTER 347, SB 453)ê

after it has been disclosed to the Registry. Such information and material may be shared with federal and state regulatory officials with oversight authority over licensees without the loss of privilege or the loss of confidentiality protections provided by federal or state law.

Sec. 38. 1. In addition to any other requirements set forth by specific statute, each applicant for the issuance of a license and each owner, officer, director and responsible person of the applicant, each person in control of the applicant and any other person the Commissioner may require in accordance with guidelines of the Registry or other multistate agreements shall submit to the Registry:

(2) Additional independent credit reports and credit scores to confirm that the applicant continues to comply with any applicable requirements concerning financial responsibility;

(c) Information related to any administrative, civil or criminal findings made by any governmental jurisdiction concerning the person; and

(d) Any other information concerning the person that the Registry or Commissioner may require.

2. As used in this section:

(a) “Control” has the meaning ascribed to it in NRS 682A.047.

(b) “Responsible person” means a person who is employed by an applicant and who has principal, active managerial authority over the provision of services in this State.

Sec. 39. 1. Each licensee shall register with and maintain a valid unique identifier with the Registry.

2. The Commissioner may issue a license through the Registry.

4. As used in this section, “unique identifier” means a number or other identifier assigned by the protocols established by the Registry.

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ê2021 Statutes of Nevada, Page 2049 (CHAPTER 347, SB 453)ê

Sec. 40. NRS 604A.010 is hereby amended to read as follows:

604A.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 604A.015 to 604A.125, inclusive, and section 34 of this act have the meanings ascribed to them in those sections.

Sec. 41. NRS 604A.605 is hereby amended to read as follows:

604A.605 1. In addition to any other requirements set forth in this chapter, each applicant must submit [:

(a) Proof] proof satisfactory to the Commissioner that the applicant:

[(2)] (b) Has not made a false statement of material fact on the application for the license.

[(3)] (c) Has not committed any of the acts specified in subsection 2.

[(4)] (d) Has not had a license issued pursuant to this chapter suspended or revoked within the 10 years immediately preceding the date of the application.

[(5)] (e) Has not been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude.

[(6)] (f) If the applicant is a natural person:

[(I)] (1) Is at least 21 years of age; and

[(II)] (2) Is a citizen of the United States or lawfully entitled to remain and work in the United States.

2. In addition to any other lawful reasons, the Commissioner may refuse to issue a license to an applicant if the applicant:

(a) Has committed or participated in any act which, if committed or done by a holder of a license, would be grounds for the suspension or revocation of the license.

(b) Has previously been refused a license pursuant to this chapter or has had such a license suspended or revoked.

(d) Has falsified any of the information submitted to the Commissioner in support of the application for the license.

Sec. 42. NRS 604A.640 is hereby amended to read as follows:

604A.640 1. A license issued pursuant to the provisions of this chapter expires annually on [the anniversary of the issuance of the] December 31, unless it is renewed. To renew a license [. A] a licensee must [renew the license on or before the date on which the license expires by paying:] submit to the Commissioner on or after November 1 and on or before December 31 of each year:

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ê2021 Statutes of Nevada, Page 2050 (CHAPTER 347, SB 453)ê

(a) An application for renewal;

(b) A renewal fee of not more than $500; and

[(b)] (c) An additional fee of not more than $100 for each branch location at which the licensee is authorized to operate under the license.

2. [A] If a licensee [who] fails to [renew his or her] submit any item required pursuant to subsection 1 to the Commissioner on or after November 1 and on or before December 31 of any year, the license [within the time required by this section] is cancelled as of December 31 of that year and the licensee is not licensed pursuant to the provisions of this chapter.

[3.] The Commissioner may reinstate [an expired] a cancelled license [upon receipt of] if the licensee submits to the Commissioner on or before February 28 of the following year:

(a) An application for renewal [fee] ;

(b) The fees required pursuant to subsection 1; and [a]

[4.] 3. The Commissioner shall adopt regulations establishing the amount of the fees required pursuant to this section.

Sec. 43. NRS 604A.750 is hereby amended to read as follows:

604A.750 1. Annually, on or before April 15, each licensee shall file with the Commissioner and the Registry a report of operations of the licensed business for the preceding calendar year.

[2.] The licensee shall make the report under oath and on a form prescribed by the Commissioner.

[3.] If any person or affiliated group holds more than one license in this State, it may file a composite annual report.

2. The Commissioner may require a licensee to file more frequent reports as the Commissioner determines necessary.

Sec. 44. Chapter 604C of NRS is hereby amended by adding thereto the provisions set forth as sections 45 to 51, inclusive, of this act.

Sec. 45. “Nationwide Multistate Licensing System and Registry” or “Registry” has the meaning ascribed to it in section 34 of this act.

Sec. 46. 1. The Commissioner may, in furtherance of his or her duties with respect to the issuance and renewal of licenses pursuant to this chapter, participate in the Nationwide Multistate Licensing System and Registry. The Commissioner may take any action with respect to participation in the Registry that the Commissioner deems necessary to carry out his or her duties, including, without limitation:

(a) Facilitating and participating in the establishment and implementation of the Registry;

(b) Establishing relationships or contracts with the Registry or other entities designated by the Registry;

(d) Authorizing the Registry to, on behalf of the Commissioner, collect and process any fees associated with licensure, examinations, fines, assessments and any other similar fees;

(e) Requiring an applicant or licensee to use the Registry to:

(1) Apply for the issuance or renewal of a license;

(2) Amend or surrender a license;

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ê2021 Statutes of Nevada, Page 2051 (CHAPTER 347, SB 453)ê

(3) Submit any reports or the results of any examination that the Commissioner may require;

(4) Pay any applicable fees; and

(5) Engage in any other activity that the Commissioner may require; and

(f) Authorizing the Registry to, on behalf of the Commissioner, collect fingerprints in order to receive or conduct a background check on the criminal history of an applicant or licensee.

2. An applicant or licensee shall, in addition to any other fees associated with the license, pay all applicable charges to use the Registry, including, without limitation, any processing charges established by the administrator of the Registry.

4. The provisions of this section shall not be construed to replace or affect the authority of the Commissioner to grant, deny, suspend, terminate, revoke or refuse to renew a license.

Sec. 47. 1. The Commissioner may require an applicant or licensee to submit a complete set of fingerprints when the Commissioner determines necessary.

Sec. 48. 1. Subject to any limitations or restrictions contained in federal or state law governing the privacy or confidentiality of records, the Commissioner shall report regularly any violations of applicable laws committed by applicants or licensees, enforcement actions and other relevant information to the Registry.

Sec. 49. 1. In addition to any other requirements set forth by specific statute, each applicant and each owner, officer, director and responsible person of the applicant, each person in control of the applicant and any other person the Commissioner may require in accordance with guidelines of the Registry or other multistate agreements shall submit to the Registry:

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ê2021 Statutes of Nevada, Page 2052 (CHAPTER 347, SB 453)ê

and any other person the Commissioner may require in accordance with guidelines of the Registry or other multistate agreements shall submit to the Registry:

(2) Additional independent credit reports and credit scores to confirm that the applicant continues to comply with any applicable requirements concerning financial responsibility;

(c) Information related to any administrative, civil or criminal findings made by any governmental jurisdiction concerning the person; and

(d) Any other information concerning the person that the Registry or Commissioner may require.

2. As used in this section:

(a) “Control” has the meaning ascribed to it in NRS 682A.047.

(b) “Responsible person” means a person who is employed by an applicant and who has principal, active managerial authority over the provision of services in this State.

Sec. 50. 1. Each licensee shall register with and maintain a valid unique identifier with the Registry.

2. The Commissioner may issue a license through the Registry.

4. As used in this section, “unique identifier” means a number or other identifier assigned by the protocols established by the Registry.

Sec. 51. 1. A license issued pursuant to the provisions of this chapter expires on December 31 of each year, unless it is renewed. To renew such a license, the licensee must submit to the Commissioner on or after November 1 and on or before December 31 of each year:

(a) An application for renewal; and

(b) The annual license fee.

2. If a licensee fails to submit any item required pursuant to subsection 1 to the Commissioner on or after November 1 and on or before December 31 of any year the license is cancelled as of December 31 of that year.

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ê2021 Statutes of Nevada, Page 2053 (CHAPTER 347, SB 453)ê

year. The Commissioner may reinstate a cancelled license if the licensee submits to the Commissioner on or before February 28 of the following year:

(a) An application for renewal; and

(b) The annual license fee.

Sec. 52. NRS 604C.010 is hereby amended to read as follows:

604C.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 604C.020 to 604C.170, inclusive, and section 45 of this act have the meanings ascribed to them in those sections.

Sec. 53. NRS 604C.510 is hereby amended to read as follows:

604C.510 1. In addition to any other requirements set forth in this chapter, each applicant must submit [:

(a) Proof] proof satisfactory to the Commissioner that the applicant:

[(2)] (b) Has not made a false statement of material fact on the application for the license.

[(3)] (c) Has not committed any of the acts specified in subsection 2.

[(4)] (d) Has not had a license issued pursuant to this chapter suspended or revoked within the 10 years immediately preceding the date of the application.

[(5)] (e) Has not been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude.

[(6)] (f) If the applicant is a natural person:

[(I)] (1) Is at least 21 years of age; and

[(II)] (2) Is a citizen of the United States or lawfully entitled to remain and work in the United States.

2. In addition to any other lawful reasons, the Commissioner may refuse to issue a license to an applicant if the applicant:

(a) Has committed or participated in any act for which, if committed or done by a holder of a license, would be grounds for the suspension or revocation of the license.

(b) Has previously been refused a license pursuant to this chapter or has had such a license suspended or revoked.

(d) Has falsified any of the information submitted to the Commissioner in support of the application for a license.

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ê2021 Statutes of Nevada, Page 2054 (CHAPTER 347, SB 453)ê

Sec. 54. NRS 604C.640 is hereby amended to read as follows:

604C.640 1. On or before January 31 of each year, a licensee shall submit a report to the Commissioner and the Registry containing:

(a) The number of consumer litigation funding transactions in which the company engaged in this State for the immediately preceding year;

(b) A summation of the total funded amount of the consumer litigation funding transactions in which the company engaged in this State for the immediately preceding year, expressed in dollars; and

2. If a licensee operated more than one office or provides consumer litigation funding to persons outside of the State, the licensee shall submit a composite report of all consumer litigation funding transactions in which the company engaged for the immediately preceding year.

3. The Commissioner shall make the information contained in the report available to the public upon request in a manner which maintains the confidentiality of the name of each company and consumer.

4. The Commissioner may require a licensee to file more frequent reports as the Commissioner determines necessary.

Sec. 55. Chapter 628B of NRS is hereby amended by adding thereto the provisions set forth as sections 56 to 61, inclusive, of this act.

Sec. 56. “Nationwide Multistate Licensing System and Registry” or “Registry” has the meaning ascribed to it in section 34 of this act.

Sec. 57. 1. The Commissioner may, in furtherance of his or her duties with respect to the issuance and renewal of licenses pursuant to this chapter, participate in the Nationwide Multistate Licensing System and Registry. The Commissioner may take any action with respect to participation in the Registry that the Commissioner deems necessary to carry out his or her duties, including, without limitation:

(a) Facilitating and participating in the establishment and implementation of the Registry;

(b) Establishing relationships or contracts with the Registry or other entities designated by the Registry;

(d) Authorizing the Registry to, on behalf of the Commissioner, collect and process any fees associated with licensure, examinations, fines, assessments and any other similar fees;

(e) Requiring an applicant for or holder of a license to use the Registry to:

(1) Apply for the issuance or renewal of a license;

(2) Amend or surrender a license;

(3) Submit any reports or the results of any examination that the Commissioner may require;

(4) Pay any applicable fees; and

(5) Engage in any other activity that the Commissioner may require; and

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ê2021 Statutes of Nevada, Page 2055 (CHAPTER 347, SB 453)ê

2. An applicant for or holder of a license shall, in addition to any other fees associated with the license, pay all applicable charges to use the Registry, including, without limitation, any processing charges established by the administrator of the Registry.

4. The provisions of this section shall not be construed to replace or affect the authority of the Commissioner to grant, deny, suspend, terminate, revoke or refuse to renew a license.

Sec. 58. 1. The Commissioner may require an applicant for or holder of a license to submit a complete set of his or her fingerprints when the Commissioner determines necessary.

Sec. 59. 1. Subject to any limitations or restrictions contained in federal or state law governing the privacy or confidentiality of records, the Commissioner shall report regularly any violations of applicable laws committed by applicants for or holders of a license, enforcement actions and other relevant information to the Registry.

2. The requirements under any federal or state law, including, without limitation, rules of a federal or state court, regarding the privacy and confidentiality of any information or material provided to the Registry and any privilege arising under federal or state law with respect to such information or material, continue to apply to such information or material after it has been disclosed to the Registry. Such information and material may be shared with federal and state regulatory officials with oversight authority over holders of licenses without the loss of privilege or the loss of confidentiality protections provided by federal or state law.

Sec. 60. 1. In addition to any other requirements set forth by specific statute, each applicant for the issuance of a license and each owner, officer, director and responsible person of the applicant, each person in control of the applicant and any other person the Commissioner may require in accordance with guidelines of the Registry or other multistate agreements shall submit to the Registry:

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ê2021 Statutes of Nevada, Page 2056 (CHAPTER 347, SB 453)ê

(2) Additional independent credit reports and credit scores to confirm that the applicant continues to comply with any applicable requirements concerning financial responsibility;

(c) Information related to any administrative, civil or criminal findings made by any governmental jurisdiction concerning the person; and

(d) Any other information concerning the person that the Registry or Commissioner may require.

2. As used in this section:

(a) “Control” has the meaning ascribed to it in NRS 682A.047.

(b) “Responsible person” means a person who is employed by an applicant and who has principal, active managerial authority over the provision of services in this State.

Sec. 61. 1. Each holder of a license shall register with and maintain a valid unique identifier with the Registry.

2. The Commissioner may issue a license through the Registry.

4. As used in this section, “unique identifier” means a number or other identifier assigned by the protocols established by the Registry.

Sec. 62. NRS 628B.020 is hereby amended to read as follows:

628B.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 628B.030 to 628B.100, inclusive, and section 56 of this act have the meanings ascribed to them in those sections.

Sec. 63. NRS 628B.310 is hereby amended to read as follows:

628B.310 1. An applicant for a license to engage in the business of a private professional guardian in this State must file with the Commissioner an application on a form prescribed by the Commissioner, which must contain or be accompanied by such information as is required.

2. A nonrefundable fee of not more than $750 must accompany the application. The applicant must also pay such reasonable additional expenses incurred in the process of investigation as the Commissioner deems necessary.

3. The application must contain:

(a) The name of the applicant and the name under which the applicant does business or expects to do business, if different.

(b) The complete business and residence addresses of the applicant.

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ê2021 Statutes of Nevada, Page 2057 (CHAPTER 347, SB 453)ê

(d) The address of any location where business will be transacted.

(e) In the case of a firm or partnership, the full name and residence address of each member or partner and the manager.

(f) In the case of a corporation or voluntary association, the name and residence address of each director and officer and the manager.

(g) The name and residence address of each person who will be employed by the applicant as a private professional guardian pursuant to paragraph (a) of subsection 1 of NRS 159.0595.

(h) A statement by the applicant acknowledging that the applicant is required to comply with the provisions of NRS 159.0595 and 159A.0595 if issued a license.

(i) Any other information reasonably related to the applicant’s qualifications for the license which the Commissioner determines to be necessary.

4. Each application for a license must have attached to it a financial statement showing the assets, liabilities and net worth of the applicant and each person who will be employed by the applicant as a private professional guardian pursuant to paragraph (a) of subsection 1 of NRS 159.0595.

5. [In addition to any other requirements, each natural person who acts in any capacity within a private professional guardian company shall, before acting in any such capacity, comply with the provisions of NRS 628B.315.

6.] If the applicant is a corporation or limited-liability company, the articles of incorporation or articles of organization must contain:

(a) The name adopted by the private professional guardian company, which must distinguish it from any other private professional guardian company formed or incorporated in this State or engaged in the business of a private professional guardian in this State; and

(b) The purpose for which it is formed.

[7.] 6. The Commissioner shall deem an application to be withdrawn if the Commissioner has not received all information and fees required to complete the application within 6 months after the date the application is submitted to the Commissioner. If an application is deemed to be withdrawn pursuant to this subsection or if an applicant otherwise withdraws an application, the Commissioner may not issue a license to the applicant unless the applicant submits a new application and pays the required fees.

[8.] 7. The Commissioner shall adopt regulations establishing the amount of the fees required pursuant to this section, subject to the following limitations:

(a) An initial fee of not more than $1,500 for a license to transact the business of a private professional guardian; and

(b) A fee of not more than $300 for each branch office that is authorized by the Commissioner.

[9.] 8. All money received by the Commissioner pursuant to this section must be placed in the Investigative Account for Financial Institutions created by NRS 232.545.

Sec. 64. NRS 628B.370 is hereby amended to read as follows:

628B.370 1. A [private professional guardian company wishing to renew a] license to engage in the business of a private professional guardian [shall file in the Office of] expires on December 31 of each year, unless it is renewed.

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ê2021 Statutes of Nevada, Page 2058 (CHAPTER 347, SB 453)ê

renewed. To renew such a license, a private professional guardian company must submit to the Commissioner [,] on or after November 1 and on or before [the June 1] December 31 of [the year after the] each year [of the original issuance of the license, an] :

(a) An application, which must contain, without limitation, the number of the license being renewed [. The application for renewal must be accompanied by a] and all information required to complete the application; and

(b) A renewal fee of not more than $1,500 . [and all information required to complete the application.]

2. The Commissioner shall issue a renewal license to the applicant, which must be dated [July] January 1 next ensuing the date of the application, in form and text similar to the original except that, in addition, the renewal must include the date and number of the earliest license issued.

3. All requirements of this chapter with respect to original licenses and bonds apply to all renewal licenses and bonds, except as otherwise provided in this section.

4. The Commissioner shall refuse to renew a license if at the time of application a proceeding to revoke or suspend the license is pending.

5. If a private professional guardian company fails to submit any item required pursuant to subsection 1 to the Commissioner on or after November 1 and on or before December 31 of any year, the license is cancelled as of December 31 of that year. The Commissioner may reinstate a cancelled license if the private professional guardian company submits to the Commissioner on or before February 28 of the following year:

(a) An application for renewal which contains the information specified in paragraph (a) of subsection 1; and

(b) The renewal fee specified in paragraph (b) of subsection 1.

6. The Commissioner shall adopt regulations establishing the amount of the fee required pursuant to this section. All money collected under the provisions of this section must be deposited in the State Treasury pursuant to the provisions of NRS 658.091.

Sec. 65. NRS 628B.590 is hereby amended to read as follows:

628B.590 1. The Commissioner may require a licensee to submit an annual financial statement or an audited financial statement prepared by an independent certified public accountant licensed to do business in this State, dependent upon the size and complexity of the private professional guardian company.

2. If applicable, on or before [the fourth Monday in January] April 15 of each year, each licensee shall submit to the Commissioner and the Registry the stock ledger of stockholders of the corporation required to be maintained pursuant to paragraph (c) of subsection 1 of NRS 78.105 or the list of each member and manager required to be maintained pursuant to paragraph (a) of subsection 1 of NRS 86.241, verified by the president or a manager, as appropriate.

3. A list of each member and manager submitted pursuant to subsection 2 must include the percentage of each member’s interest in the company, in addition to the requirements set forth in NRS 86.241.

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ê2021 Statutes of Nevada, Page 2059 (CHAPTER 347, SB 453)ê

4. If a licensee fails to submit the ledger or list required pursuant to this section within the prescribed period, the Commissioner may impose and collect a fee of not more than $10 for each day the report is late.

5. The Commissioner may require a licensee to file more frequent reports as the Commissioner determines necessary.

6. The Commissioner shall adopt regulations establishing the amount of the fee that may be imposed pursuant to this section.

Sec. 66. Chapter 645G of NRS is hereby amended by adding thereto the provisions set forth as sections 67 to 72, inclusive, of this act.

Sec. 67. “Nationwide Multistate Licensing System and Registry” or “Registry” has the meaning ascribed to it in section 34 of this act.

Sec. 68. 1. The Commissioner may, in furtherance of his or her duties and the duties of the Division with respect to the issuance and renewal of licenses pursuant to this chapter, participate in the Nationwide Multistate Licensing System and Registry. The Commissioner may take any action with respect to participation in the Registry that the Commissioner deems necessary to carry such duties, including, without limitation:

(a) Facilitating and participating in the establishment and implementation of the Registry;

(b) Establishing relationships or contracts with the Registry or other entities designated by the Registry;

(d) Authorizing the Registry to, on behalf of the Commissioner or the Division, as applicable, collect and process any fees associated with licensure, examinations, fines, assessments and any other similar fees;

(e) Requiring an applicant for a license or a licensee to use the Registry to:

(1) Apply for the issuance or renewal of a license;

(2) Amend or surrender a license;

(3) Submit any reports or the results of any examination that the Commissioner may require;

(4) Pay any applicable fees; and

(5) Engage in any other activity that the Commissioner may require; and

(f) Authorizing the Registry to, on behalf of the Commissioner or the Division, as applicable, collect fingerprints in order to receive or conduct a background check on the criminal history of an applicant for a license or a licensee.

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ê2021 Statutes of Nevada, Page 2060 (CHAPTER 347, SB 453)ê

4. The provisions of this section shall not be construed to replace or affect the authority of the Commissioner or the Division to grant, deny, suspend, terminate, revoke or refuse to renew a license.

Sec. 69. 1. The Commissioner may require an applicant for a license or a licensee to submit a complete set of fingerprints when the Commissioner determines necessary.

2. The Commissioner may use the services of the Registry to process and to submit the fingerprints to the Federal Bureau of Investigation, to the Central Repository for Nevada Records of Criminal History, to any federal or state law enforcement agency or any other entity authorized to receive such information for the purpose of conducting a background check of the criminal history of an applicant for a license or a licensee.

Sec. 70. 1. Subject to any limitations or restrictions contained in federal or state law governing the privacy or confidentiality of records, the Commissioner shall report regularly any violations of applicable laws committed by applicants for licenses or licensees, enforcement actions and other relevant information to the Registry.

Sec. 71. 1. In addition to any other requirements set forth in this chapter, each applicant for the issuance of a license pursuant to this chapter and each owner, officer, director and responsible person of the applicant, each person in control of the applicant and any other person the Commissioner may require in accordance with guidelines of the Registry or other multistate agreements shall submit to the Registry:

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ê2021 Statutes of Nevada, Page 2061 (CHAPTER 347, SB 453)ê

(2) Additional independent credit reports and credit scores to confirm that the person continues to comply with any applicable requirements concerning financial responsibility;

(c) Information related to any administrative, civil or criminal findings made by any governmental jurisdiction concerning the person; and

(d) Any other information concerning the person that the Registry or Commissioner may require.

2. As used in this section:

(a) “Control” has the meaning ascribed to it in NRS 682A.047.

(b) “Responsible person” means a person who is employed by an applicant and who has principal, active managerial authority over the provision of services in this State.

Sec. 72. 1. Each licensee shall register with and maintain a valid unique identifier with the Registry.

2. The Commissioner may, on behalf of the Division, issue a license through the Registry.

3. To the extent that the Commissioner has delegated to the Registry any of his or her duties or the duties of the Division with respect to the issuance and renewal of licenses as authorized by the provisions of this chapter, any reference to the Commissioner or the Division in this chapter shall be deemed to be a reference to the Registry.

4. As used in this section, “unique identifier” means a number or other identifier assigned by the protocols established by the Registry.

Sec. 73. NRS 645G.010 is hereby amended to read as follows:

645G.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 645G.020 to 645G.060, inclusive, and section 67 of this act have the meanings ascribed to them in those sections.

Sec. 74. NRS 645G.100 is hereby amended to read as follows:

645G.100 1. Except as otherwise provided in NRS 645G.120, a person shall not act as an exchange facilitator unless he or she is licensed as such with the Division. The Division may adopt such regulations as it deems necessary to carry out the provisions of this chapter, including, without limitation, regulations prescribing amounts required for liquidity purposes.

2. To apply for a license as an exchange facilitator, a person must pay the Division the fee prescribed by NRS 645G.220.

3. In addition to the requirements set forth in subsection 2, the person must submit to the Division:

(a) The following information on a form provided by the Division:

(1) The applicant’s name, business address and telephone number;

(2) The name under which the applicant will hold the money or other property of a client;

(3) The names, residence and business addresses of all shareholders or members who hold 10 percent or more of the voting stock of the applicant’s business and all persons having an interest in the business as principals, partners, officers, trustees or directors, specifying the capacity and title of each;

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ê2021 Statutes of Nevada, Page 2062 (CHAPTER 347, SB 453)ê

(4) The length of time the applicant has been engaged in the business of acting as an exchange facilitator;

(5) A summary description of the business of the applicant;

(6) A list of any similar licenses obtained and maintained in other states or other jurisdiction and information regarding revocation of any such license;

(7) The tax identification number of the applicant; and

(8) A current certificate of good standing for the applicant from the state or other jurisdiction in which the applicant’s business is formed; and

(b) All information required to complete the application.

4. [Each applicant must, as part of the application and at his or her own expense:

(a) Arrange to have taken, by a law enforcement agency or other authorized entity acceptable to the Division, a complete set of the applicant’s fingerprints and the fingerprints of each person or officer who will be conducting the business of the applicant in this State and who has authority to transfer exchange money held by the applicant; and

(b) Submit to the Division:

(1) A completed fingerprint card and written permission authorizing the Division to submit the fingerprints described in paragraph (a) to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the background of each person whose fingerprints were taken and to such other law enforcement agencies as the Division deems necessary; or

(2) Written verification, on a form prescribed by the Division, stating that the fingerprints described in paragraph (a) were taken and directly forwarded electronically or by another means to the Central Repository and that each person whose fingerprints were taken has given written permission to the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for a report on the background of each such person and to such other law enforcement agencies as the Division deems necessary.

5. The Division may:

(a) Unless the fingerprints described in paragraph (a) of subsection 4 are directly forwarded pursuant to subparagraph (2) of paragraph (b) of subsection 4, submit those fingerprints to the Central Repository for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Division deems necessary; and

(b) Request from each such agency any information regarding the background of each person whose fingerprints were taken as the Division deems necessary.

6.] The Division shall approve an application submitted pursuant to this section within 45 days after the submission of the completed application, any additional information required by the Division and proof satisfactory to the Division that the applicant has complied with the provisions of NRS 645G.320. Upon approval of an application, the Division shall issue a license to the applicant.

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ê2021 Statutes of Nevada, Page 2063 (CHAPTER 347, SB 453)ê

[7.] 5. A license issued pursuant to this chapter expires on December 31 of each year unless it is renewed. To renew such a license, the licensee must [be renewed annually] submit to the Commissioner on or after November 1 and on or before [July 1, by providing] December 31 of each year:

(a) An application for renewal which contains the information required by the Division for that purpose ; and [paying a]

(b) A renewal fee prescribed by NRS 645G.220.

Sec. 75. NRS 645G.180 is hereby amended to read as follows:

645G.180 [If]

1. Except as otherwise provided in subsection 2, if a licensee fails to [apply] submit any item required for [a] the renewal of his or her license [before the date of the expiration thereof,] pursuant to NRS 645G.100, 645G.200 or 645G.210, as applicable, to the Commissioner on or after November 1 and on or before December 31 of any year, the license is cancelled as of December 31 of that year and no license may be issued to the licensee except upon another application for an original license . [, except that within 1 year of such expiration a renewal may be issued upon payment of a]

2. The Commissioner may reinstate a license which has been cancelled pursuant to subsection 1 if the licensee submits to the Commissioner on or before February 28 of the year following the cancellation of the license:

(a) An application for renewal which contains the information required by the Division for that purpose; and

(b) A fee one and one-half times the amount otherwise required for renewal.

Sec. 76. NRS 645G.200 is hereby amended to read as follows:

645G.200 1. A person who is licensed as an exchange facilitator in another state or territory of the United States and is not otherwise required to be licensed pursuant to the provisions of this chapter may submit an application for a reciprocal license as an exchange facilitator pursuant to the provisions of this section. The Division shall issue a reciprocal license to the applicant if:

(a) The applicant is licensed in a jurisdiction that grants reciprocal licensing to a person licensed pursuant to this chapter;

(b) The Division determines that the laws and regulations governing exchange facilitators of the jurisdiction in which the applicant is licensed are at least equivalent to the provisions of this chapter;

(c) The applicant provides proof satisfactory to the Division that the applicant has complied with the requirements of NRS 645G.320 and 645G.330;

(d) The applicant pays the fee required pursuant to NRS 645G.220;

(e) The applicant designates the Division as its representative to receive service of process for matters arising in this State; and

(f) The applicant does not maintain an office in this State in connection with the conduct of the business of an exchange facilitator.

2. The Division shall:

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ê2021 Statutes of Nevada, Page 2064 (CHAPTER 347, SB 453)ê

(a) Examine the laws of each state to identify the jurisdictions that meet the requirements for recognition of a reciprocal license pursuant to this section; and

(b) Publish annually a list of the jurisdictions that meet the requirements of this section.

3. A license issued pursuant to this section expires on December 31 of each year unless it is renewed. To renew such a license, the licensee must [be renewed annually] submit to the Commissioner on or after November 1 and on or before [July 1, by providing] December 31 of each year:

(a) An application for renewal which contains the information required by the Division for that purpose ; and [paying the]

(b) The renewal fee prescribed by NRS 645G.220.

Sec. 77. NRS 645G.210 is hereby amended to read as follows:

645G.210 1. A financial institution may obtain a special license pursuant to this section.

2. The Division shall issue a special license to a financial institution if the financial institution:

(a) Maintains an office in this State;

(b) Pays the fee required pursuant to NRS 645G.220 for the issuance of a license; and

3. A financial institution which obtains a special license pursuant to this section is exempt from the requirements of subsections 2 [to 7, inclusive,] , 3 and 4 of NRS 645G.100 except as otherwise required by regulations adopted by the Division.

4. A license issued pursuant to this section expires on December 31 of each year unless it is renewed. To renew such a licensee, the licensee must [be renewed annually] submit to the Commissioner on or after November 1 and on or before [July 1 by providing] December 31 of each year:

(a) An application for renewal which contains the information required by the Division for that purpose ; and [paying the]

(b) The renewal fee prescribed by NRS 645G.220.

Sec. 78. Chapter 649 of NRS is hereby amended by adding thereto the provisions set forth as sections 79 to 84, inclusive, of this act.

Sec. 79. “Nationwide Multistate Licensing System and Registry” or “Registry” has the meaning ascribed to it in section 34 of this act.

Sec. 80. 1. The Commissioner may, in furtherance of his or her duties with respect to the issuance and renewal of licenses and certificates pursuant to this chapter, participate in the Nationwide Multistate Licensing System and Registry. The Commissioner may take any action with respect to participation in the Registry that the Commissioner deems necessary to carry out his or her duties, including, without limitation:

(a) Facilitating and participating in the establishment and implementation of the Registry;

(b) Establishing relationships or contracts with the Registry or other entities designated by the Registry;

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ê2021 Statutes of Nevada, Page 2065 (CHAPTER 347, SB 453)ê

(d) Authorizing the Registry to, on behalf of the Commissioner, collect and process any fees associated with the issuance or renewal of licenses or certificates, examinations, fines, assessments and any other similar fees;

(e) Requiring an applicant for or the holder or a license or certificate to use the Registry to:

(1) Apply for the issuance or renewal of a license or certificate;

(2) Amend or surrender a license or certificate;

(3) Submit any reports or the results of any examination that the Commissioner may require;

(4) Pay any applicable fees; and

(5) Engage in any other activity that the Commissioner may require; and

2. An applicant for or the holder of a license or certificate shall, in addition to any other fees associated with the license or certificate, pay all applicable charges to use the Registry, including, without limitation, any processing charges established by the administrator of the Registry.

4. The provisions of this section shall not be construed to replace or affect the authority of the Commissioner to grant, deny, suspend, terminate, revoke or refuse to renew a license or certificate.

Sec. 81. 1. The Commissioner may require an applicant for or the holder of a license or certificate to submit a complete set of his or her fingerprints when the Commissioner determines necessary.

Sec. 82. 1. Subject to any limitations or restrictions contained in federal or state law governing the privacy or confidentiality of records, the Commissioner shall report regularly any violations of applicable laws committed by applicants for or holders of a license or certificate, enforcement actions and other relevant information to the Registry.

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ê2021 Statutes of Nevada, Page 2066 (CHAPTER 347, SB 453)ê

after it has been disclosed to the Registry. Such information and material may be shared with federal and state regulatory officials with oversight authority over applicants for or holders of a license or certificate without the loss of privilege or the loss of confidentiality protections provided by federal or state law.

Sec. 83. 1. In addition to any other requirements set forth in this chapter, each applicant for the issuance of a license or certificate pursuant to this chapter and each owner, officer, director and responsible person of the applicant, each person in control of the applicant and any other person the Commissioner may require in accordance with guidelines of the Registry or other multistate agreements shall submit to the Registry:

(2) Additional independent credit reports and credit scores to confirm that the person continues to comply with any applicable requirements concerning financial responsibility;

(c) Information related to any administrative, civil or criminal findings made by any governmental jurisdiction concerning the person; and

(d) Any other information concerning the person that the Registry or Commissioner may require.

2. As used in this section:

(a) “Control” has the meaning ascribed to it in NRS 682A.047.

(b) “Responsible person” means a person who is employed by an applicant and who has principal, active managerial authority over the provision of services in this State.

Sec. 84. 1. Each holder of a license or certificate issued pursuant to this chapter shall register with and maintain a valid unique identifier with the Registry.

2. The Commissioner may issue a license or certificate through the Registry.

3. To the extent that the Commissioner has delegated to the Registry any of his or her duties with respect to the issuance and renewal of licenses and certificates as authorized by the provisions of this chapter, any reference to the Commissioner in this chapter shall be deemed to be a reference to the Registry.

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ê2021 Statutes of Nevada, Page 2067 (CHAPTER 347, SB 453)ê

4. As used in this section, “unique identifier” means a number or other identifier assigned by the protocols established by the Registry.

Sec. 85. NRS 649.005 is hereby amended to read as follows:

649.005 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 649.010 to 649.035, inclusive, and section 79 of this act have the meanings ascribed to them in those sections.

Sec. 86. NRS 649.095 is hereby amended to read as follows:

649.095 1. An application for a license must be in writing and filed with the Commissioner on a form provided for that purpose.

2. The application must state:

(a) The name of the applicant and the name under which the applicant does business or expects to do business.

(b) The address of the applicant’s business and residence, including street and number.

(d) The locations by street and number where the business will be transacted.

(e) In the case of a firm or partnership, the full names and residential addresses of all members or partners and the name and residential address of the manager.

(f) In the case of a corporation or voluntary association, the name and residential address of each of the directors and officers and the name and residential address of the manager.

(g) Any other information reasonably related to the applicant’s qualifications for the license which the Commissioner determines to be necessary.

(h) All information required to complete the application.

3. [In addition to any other requirements, each applicant or member, partner, director, officer or manager of an applicant shall submit to the Commissioner a complete set of fingerprints and written permission authorizing the Division of Financial Institutions of the Department of Business and Industry to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

4.] The application must be subscribed by the applicant and acknowledged.

[5.] 4. Every applicant may be examined concerning the applicant’s competency, experience, character and qualifications by the Commissioner or the Commissioner’s authorized agent, and if the examination reveals that the applicant lacks any of the required qualifications, issuance of the license must be denied. Every application must have attached to it a financial statement showing the assets, liabilities and net worth of the applicant.

[6.] 5. The Commissioner shall consider an application to be withdrawn if the Commissioner has not received all information and fees required to complete the application within 6 months after the date the application is first submitted to the Commissioner or within such later period as the Commissioner determines in accordance with any existing policies of joint regulatory partners. If an application is deemed to be withdrawn pursuant to this subsection or if an applicant otherwise withdraws an application, the Commissioner may not issue a license to the applicant unless the applicant submits a new application and pays any required fees.

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ê2021 Statutes of Nevada, Page 2068 (CHAPTER 347, SB 453)ê

pursuant to this subsection or if an applicant otherwise withdraws an application, the Commissioner may not issue a license to the applicant unless the applicant submits a new application and pays any required fees.

Sec. 87. NRS 649.171 is hereby amended to read as follows:

649.171 1. A person who is not licensed in this State as a collection agency may apply to the Commissioner for a certificate of registration as a foreign collection agency.

2. To be issued and to hold a certificate of registration as a foreign collection agency, a person:

(a) Must meet the qualifications to do business as a collection agency in this State;

(b) Must not have any employees or agents present in this State who engage in the collection of claims and must not maintain any business locations in this State as a collection agency;

(c) Must submit proof to the Commissioner, upon application and upon each annual renewal of the certificate of registration, that the person and his or her employees and agents will not, in this State:

(1) Engage in the business of soliciting the right to collect or receive payment for another of any claim;

(2) Respond to a bid, proposal or invitation for the right to collect or receive payment for another of any claim, unless the bid, proposal or invitation is for the collection of claims owed by residents of another state; or

(3) Advertise or solicit, either in print, by letter, in person or otherwise, the right to collect or receive payment for another of any claim;

(d) When collecting claims against debtors who are present in this State, must:

(1) Limit his or her activities and those of his or her employees and agents to interstate communications by telephone, mail or facsimile;

(2) Limit his or her activities and those of his or her employees and agents to the collection of claims from residents of this State on behalf of residents of another state; and

(3) Comply with the requirements of NRS 649.305 to 649.375, inclusive, with regard to his or her activities and those of his or her employees and agents;

(e) Must pay:

(1) A fee to apply for a certificate of registration of not less than $200 prorated on the basis of the registration year as determined by the Commissioner; and

(2) An annual renewal fee of not more than $200;

(f) Must deposit and maintain a bond or an appropriate substitute for the bond in the same manner as an applicant or licensee pursuant to NRS 649.105, 649.115 and 649.119;

(g) Must maintain the accounts, books and records of the collection agency in accordance with generally accepted accounting principles and in accordance with the requirements of subsection 1 of NRS 649.335; and

(h) Must pay any fees related to any examination of the accounts, books and records of the collection agency conducted by the Commissioner pursuant to subsection [3.] 5.

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ê2021 Statutes of Nevada, Page 2069 (CHAPTER 347, SB 453)ê

3. A certificate of registration issued pursuant to this section expires on December 31 of each year, unless it is renewed. To renew a certificate of registration, a foreign collection agency must submit to the Commissioner:

(a) An application for renewal which contains, without limitation, the information specified in paragraph (c) of subsection 2; and

(b) The renewal fee specified in subparagraph (2) of paragraph (e) of subsection 2.

4. If a foreign collection agency fails to submit any item required pursuant to subsection 3 to the Commissioner on or after November 1 and on or before December 31 of any year, the certificate of registration of the foreign collection agency is cancelled as of December 31 of that year. The Commissioner shall not reinstate a certificate of registration that has been cancelled pursuant to this subsection.

5. The Commissioner may conduct an annual examination and any additional examinations pursuant to NRS 649.335 of the accounts, books and records of each person who holds a certificate of registration as a foreign collection agency.

[4.] 6. The Commissioner may take disciplinary action pursuant to NRS 649.385, 649.390 and 649.395 against a person who holds a certificate of registration as a foreign collection agency for any act or omission that would be grounds for taking such disciplinary action under those sections.

[5.] 7. The Commissioner shall adopt:

(a) Regulations establishing the amount of the fees required pursuant to this section; and

(b) Any other regulations as may be necessary to carry out the provisions of this section.

Sec. 88. NRS 649.196 is hereby amended to read as follows:

649.196 1. Each applicant for a manager’s certificate must submit proof satisfactory to the Commissioner that the applicant:

(a) Is at least 21 years of age.

(b) Has a good reputation for honesty, trustworthiness and integrity and is competent to transact the business of a collection agency in a manner which protects the interests of the general public.

(d) Has not had a collection agency license or manager’s certificate suspended or revoked within the 10 years immediately preceding the date of filing the application.

(e) Has not been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude.

(f) Has had not less than 2 years’ full-time experience with a collection agency in the collection of accounts assigned by creditors who were not affiliated with the collection agency except as assignors of accounts. At least 1 year of the 2 years of experience must have been within the 18-month period preceding the date of filing the application.

2. Each applicant must:

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ê2021 Statutes of Nevada, Page 2070 (CHAPTER 347, SB 453)ê

(a) Pass the examination or reexamination provided for in NRS 649.205.

(b) Pay the required fees.

(1) Three] , three recent photographs . [; and

(2) Three complete sets of fingerprints which the Commissioner may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.]

(d) Submit such other information reasonably related to his or her qualifications for the manager’s certificate as the Commissioner determines to be necessary.

3. The Commissioner may refuse to issue a manager’s certificate if the applicant does not meet the requirements of subsections 1 and 2.

4. If the Commissioner refuses to issue a manager’s certificate pursuant to this section, the Commissioner shall notify the applicant in writing by certified mail stating the reasons for the refusal. The applicant may submit a written request for a hearing within 20 days after receiving the notice. If the applicant fails to submit a written request within the prescribed period, the Commissioner shall enter a final order.

5. The Commissioner shall consider an application to be withdrawn if the Commissioner has not received all information and fees required to complete the application within 6 months after the date the application is first submitted to the Commissioner or within such later period as the Commissioner determines in accordance with any existing policies of joint regulatory partners. If an application is deemed to be withdrawn pursuant to this subsection or if an applicant otherwise withdraws an application, the Commissioner may not issue a license to the applicant unless the applicant submits a new application and pays any required fees.

Sec. 89. NRS 649.245 is hereby amended to read as follows:

649.245 1. A [collection agency or manager desiring a renewal of a] license or certificate [which will expire shall file in the Office of] expires on December 31 of each year, unless it is renewed. To renew a license or certificate, a collection agency or manager must submit to the Commissioner [,] on or after November 1 and on or before [June 1 in] December 31 of each year [following the year of original issuance, a] :

(a) A renewal application, [stating in addition to] which includes, without limitation, the matters required in the original application , the date and number of the license or certificate which will expire [. The renewal application must be accompanied by the] and all other information required to complete the renewal application; and

(b) The renewal fee . [and all information required to complete the renewal application.]

2. The Commissioner shall issue a renewal license or certificate to the applicant, which must be dated [July] January 1 next ensuing the date of the application, in form and text like the original except that, in addition, the renewal must include the date and number of the earliest license or certificate issued.

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ê2021 Statutes of Nevada, Page 2071 (CHAPTER 347, SB 453)ê

3. All requirements of this chapter with respect to original certificates, licenses and bonds apply with like force to all renewal certificates, licenses and bonds except as otherwise specified in this section.

4. The Commissioner shall refuse to renew a certificate or license if at the time of application a proceeding to revoke or suspend the certificate or license is pending.

5. If a collection agency or manager fails to submit any item required pursuant to subsection 1 to the Commissioner on or after November 1 and on or before December 31 of any year, the license or certificate is cancelled as of December 31 of that year. The Commissioner may reinstate a cancelled license or certificate if the collection agency or manager submits to the Commissioner on or before February 28 of the following year:

(a) A renewal application which includes the information specified in paragraph (a) of subsection 1; and

(b) The renewal fee.

Sec. 90. NRS 649.345 is hereby amended to read as follows:

649.345 1. Each licensed collection agency shall file with the Commissioner and the Registry a written report, signed and sworn to by its manager, no later than [January 31] April 15 of each year, unless the Commissioner determines that there is good cause for later filing of the report. The report must include:

(a) The total sum of money due to all creditors as of the close of the last business day of the preceding month.

(b) The total sum on deposit in customer trust fund accounts and available for immediate distribution as of the close of the last business day of the preceding month, the title of the trust account or accounts, and the name of the banks or credit unions where the money is deposited.

(c) The total amount of creditors’ or forwarders’ share of money collected more than 60 days before the last business day of the preceding month and not remitted by that date.

(d) When the total sum under paragraph (c) exceeds $10, the name of each creditor or forwarder and the respective share of each in that sum.

(e) Such other information, audit or reports as the Commissioner may require.

2. The Commissioner may require a licensed collection agency to file more frequent reports as the Commissioner determines necessary.

3. The filing of any report required by this section which is known by the collection agency to contain false information or statements constitutes grounds for the suspension of the agency’s license or the manager’s certificate, or both.

Sec. 91. As soon as practicable after determining that the Nationwide Multistate Licensing System and Registry, as defined in section 34 of this act, has sufficient capabilities to allow the Commissioner of Financial Institutions to carry out the amendatory provisions of sections 1 to 90, inclusive, of this act, the Commissioner of Financial Institutions shall notify the Governor and the Director of the Legislative Counsel Bureau of that fact, and shall publish notice to the public of that fact on the Internet website of the Division of Financial Institutions of the Department of Business and Industry.

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ê2021 Statutes of Nevada, Page 2072 (CHAPTER 347, SB 453)ê

Sec. 92. 1. This section and section 91 of this act become effective upon passage and approval.

2. Sections 1 to 90, inclusive, of this act become effective:

(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

(b) On the date on which the Commissioner of Financial Institutions, pursuant to section 91 of this act, notifies the Governor and the Director of the Legislative Counsel Bureau that the Nationwide Multistate Licensing System and Registry, as defined in section 34 of this act, has sufficient capabilities to allow the Commissioner to carry out the amendatory provisions of sections 1 to 90, inclusive, for all other purposes.

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CHAPTER 348, AB 88

Assembly Bill No. 88–Assemblymen Watts, Nguyen, González, Peters, Torres; Anderson, Bilbray-Axelrod and Flores

CHAPTER 348

[Approved: June 4, 2021]

AN ACT relating to governmental entities; requiring the board of trustees of a school district, governing body of a charter school or governing body of a university school for profoundly gifted pupils to adopt a policy prohibiting the use of certain racially discriminatory identifiers; authorizing the board of trustees of a school district, governing body of a charter school or governing body of a university school for profoundly gifted pupils to use an identifier associated with a federally recognized Indian tribe in certain circumstances; prohibiting a county, city or unincorporated town from sounding certain sirens, alarms or bells; requiring the Nevada State Board on Geographic Names to recommend changes to the names of geographic features or places that are racially discriminatory; requiring the Board to report annually to the Legislature or the Legislative Commission, as applicable, on any recommendations; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Section 1 of this bill requires the board of trustees of each school district, governing body of each charter school and governing body of each university school for profoundly gifted pupils to change, and adopt a policy that prohibits the use of, any name, logo, mascot, song or other identifier that: (1) is racially discriminatory; or (2) contains racially discriminatory language or imagery. Section 1 authorizes the board of trustees of a school district, governing body of a charter school or governing body of a university school for profoundly gifted pupils to use an identifier associated with a federally recognized Indian tribe if the board of trustees or governing body obtains permission for the use of the identifier from the Indian tribe.

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ê2021 Statutes of Nevada, Page 2073 (CHAPTER 348, AB 88)ê

Section 2.3 of this bill prohibits a county in this State from sounding a siren, bell or alarm at a time during which the siren, bell or alarm was previously sounded on specific days or times in association with an ordinance enacted by the county which required persons of a particular race, ethnicity, ancestry, national origin or color to leave the county or a city, town or township within the county by a certain time. Sections 2.5 and 2.7 of this bill impose a similar prohibition on cities and unincorporated towns in this State, respectively.

Existing law creates the Nevada State Board on Geographic Names. (NRS 327.110) Under existing law, the Board makes official recommendations to the United States Board on Geographic Names on proposals for the names of geographic features and places in this State for use in maps and official documents. (NRS 327.140) Section 3 of this bill requires the Board to recommend changes to the name of any geographic feature or place that: (1) is racially discriminatory; or (2) contains racially discriminatory language or imagery. Section 3 also requires the Board to submit an annual report on any recommendations to change the name of a geographic feature or place to the Director of the Legislative Counsel Bureau for transmittal to the Legislature or, if the Legislature is not in session, to the Legislative Commission.

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. Except as otherwise provided in subsection 2, the board of trustees of each school district, governing body of each charter school and governing body of each university school for profoundly gifted pupils shall change, and adopt a policy prohibiting the use of, any name, logo, mascot, song or other identifier that is racially discriminatory or contains racially discriminatory language or imagery, including, without limitation, a name, logo, mascot, song or other identifier associated with the Confederate States of America or a federally recognized Indian tribe.

2. The board of trustees of a school district, governing body of a charter school or governing body of a university school for profoundly gifted pupils may use a name, logo, mascot, song or other identifier associated with a federally recognized Indian tribe if the board of trustees or governing body obtains approval from the Indian tribe to use the name, logo, mascot, song or other identifier.

Sec. 2. (Deleted by amendment.)

Sec. 2.3. Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

A county in this State may not sound a siren, bell or alarm at a time during which the siren, bell or alarm was previously sounded on specific days or times in association with an ordinance enacted by the county which required persons of a particular race, ethnicity, ancestry, national origin or color to leave the county or a city, town or township within the county by a specific time.

Sec. 2.5. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:

A city in this State may not sound a siren, bell or alarm at a time during which the siren, bell or alarm was previously sounded on specific days or times in association with an ordinance enacted by the city which required persons of a particular race, ethnicity, ancestry, national origin or color to leave the city by a specific time.

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ê2021 Statutes of Nevada, Page 2074 (CHAPTER 348, AB 88)ê

times in association with an ordinance enacted by the city which required persons of a particular race, ethnicity, ancestry, national origin or color to leave the city by a specific time.

Sec. 2.7. Chapter 269 of NRS is hereby amended by adding thereto a new section to read as follows:

An unincorporated town in this State may not sound a siren, bell or alarm at a time during which the siren, bell or alarm was previously sounded on specific days or times in association with an ordinance enacted by the town which required persons of a particular race, ethnicity, ancestry, national origin or color to leave the town by a specific time.

Sec. 3. NRS 327.140 is hereby amended to read as follows:

327.140 1. The Board shall:

(a) Receive and evaluate all proposals for changes in or additions to names of geographic features and places in the State to determine the most appropriate and acceptable names for use in maps and official documents of all levels of government.

(b) Make official recommendations on behalf of the State with respect to each proposal.

(c) Assist and cooperate with the United States Board on Geographic Names in matters relating to names of geographic features and places in Nevada.

(d) Maintain a list of advisers who have special knowledge of or expertise in Nevada history, geography or culture and consult with those advisers on a regular basis in the course of its work.

(e) Recommend to change the name of any geographic feature or place in this State that is racially discriminatory or contains racially discriminatory language or imagery.

(f) Report annually on any recommendation to change the name of a geographic feature or place pursuant to paragraph (e) and submit the report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature or, if the Legislature is not in session, to the Legislative Commission.

2. The Board may:

(a) Adopt regulations to assist in carrying out the functions and duties assigned to it by law.

(b) Initiate proposals for changes in or additions to geographic names in the State. Any proposal initiated by the Board must be evaluated in accordance with the same procedures prescribed for the consideration of other proposals.

Sec. 4. The board of trustees of each school district, governing body of each charter school and governing body of each university school for profoundly gifted pupils shall adopt the policy required by section 1 of this act and change any applicable name, logo, mascot, song or other identifier on or before July 1, 2022.

Sec. 5. 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.

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ê2021 Statutes of Nevada, Page 2075ê

CHAPTER 349, AB 262

Assembly Bill No. 262–Assemblymen Anderson, Duran, Peters, Brittney Miller, Watts; Bilbray-Axelrod, Brown-May, Cohen, Considine, Flores, González, Gorelow, Martinez, Marzola, O’Neill, Orentlicher, Thomas and Torres

Joint Sponsors: Senators Brooks and Lange

CHAPTER 349

[Approved: June 4, 2021]

AN ACT relating to education; prohibiting the Board of Regents of the University of Nevada from assessing registration fees, certain fees associated with course enrollment and laboratory fees against certain students; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Section 1.2 of this bill requires the Board of Regents of the University of Nevada to grant a waiver of registration fees, per-credit fees or other fees associated with course enrollment and laboratory fees for a Native American student who demonstrates that the student: (1) is a member of a federally recognized Indian tribe or nation, all or part of which is located in this State, or who is certified by the enrollment department of such a tribe or nation or by the Bureau of Indian Affairs as being a descendant of an enrolled member of the tribe or nation, regardless of membership status; (2) is eligible for enrollment in a school within the Nevada System of Higher Education; (3) has been a resident of this State for at least 1 year; (4) has maintained at least a 2.0 grade point average, on a 4.0 scale, each semester, or the equivalent of a 2.0 grade point average if a different scale is used; and (5) has completed the Free Application for Federal Student Aid. Section 1.4 of this bill requires the Board of Regents to prepare and submit an annual report to the Director of the Legislative Counsel Bureau for transmittal to the Nevada Legislature concerning the number of students eligible and the total funding available for such a waiver.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 396 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.2 and 1.4 of this act.

Sec. 1.2. 1. The Board of Regents shall grant a waiver of the payment of registration fees, laboratory fees and any other mandatory fees assessed each semester against a student who is Native American and demonstrates that the student:

(a) Is a member of a federally recognized Indian tribe or nation, all or part of which is located within the boundaries of this State, or who is certified by the enrollment department of such a tribe or nation or by the Bureau of Indian Affairs as being a descendant of an enrolled member of such a tribe or nation, all or part of which is located within the boundaries of this State, regardless of membership status;

(b) Is eligible for enrollment in a school within the System;

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ê2021 Statutes of Nevada, Page 2076 (CHAPTER 349, AB 262)ê

(d) Has maintained at least a 2.0 grade point average, on a 4.0 scale, each semester or the equivalent of a 2.0 grade point average if a different scale is used; and

(e) Has completed the Free Application for Federal Student Aid provided for by 20 U.S.C. § 1090.

2. The amount of the waiver must be equal to:

(a) If the student is entitled to receive any federal educational benefits for a semester, the balance of registration fees, laboratory fees and any other mandatory fees assessed against the student that remain unpaid after the student’s account has been credited with the full amount of the federal educational benefits to which the student is entitled for that semester; or

(b) If the student is not entitled to receive any federal educational benefits for a semester, the full amount of the registration fees, laboratory fees and any other mandatory fees assessed against the student for that semester.

3. The waiver must be granted to a student who enrolls in any program offered by a school within the System, including, without limitation, a trade or vocational program, a graduate program or a professional program.

4. For the purpose of assessing fees and charges against a person to whom such a waiver is granted, the person shall be deemed to be a bona fide resident of this State.

5. The Board of Regents may request documentation confirming that the student is a member or descendant of a member of a federally recognized Indian tribe or nation, all or part of which is located within the boundaries of this State.

Sec. 1.4. The Board of Regents shall, on or before September 1 of each calendar year, prepare and submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Nevada Legislature that includes, without limitation, aggregated data for:

1. The number of students that qualify for a waiver of registration fees, laboratory fees and any other mandatory fees pursuant to section 1.2 of this act.

2. The total funding made available for the waiver of registration fees, laboratory fees and any other mandatory fees pursuant to section 1.2 of this act, including, without limitation, gifts, grants, donations and federal contributions.

Sec. 1.5. (Deleted by amendment.)

Sec. 1.6. The first report that the Board of Regents is required to prepare and submit to the Director of the Legislative Counsel Bureau pursuant to section 1.4 of this act must be submitted on or before September 1, 2022.

Sec. 1.8. 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. 2. This act becomes effective on July 1, 2021.

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ê2021 Statutes of Nevada, Page 2077ê

CHAPTER 350, AB 270

Assembly Bill No. 270–Assemblymen O’Neill, Dickman, Wheeler; and Roberts

Joint Sponsors: Senators Dondero Loop, Kieckhefer and Settelmeyer

CHAPTER 350

[Approved: June 4, 2021]

AN ACT relating to state property; revising provisions relating to the buildings and grounds of the former Stewart Indian School; revising provisions related to the Silver State Industries Endowment Fund and the Endowment Fund for the Historic Preservation of the Nevada State Prison; authorizing the sale or consumption of beer and wine at certain events held within the historic structures, buildings and other property of the Nevada State Prison; making various other changes related to the Nevada State Prison; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Under existing law: (1) the Nevada Indian Commission is the coordinating agency regarding activities at and uses of the buildings and grounds of the former Stewart Indian School; (2) the Commission designates the buildings and grounds of the former Stewart Indian School to be managed by the Museum Director for the purpose of establishing and maintaining the Stewart Indian School Cultural Center and Museum; and (3) gifts, grants of money, revenues generated or other property which the Commission is authorized to accept must be accounted for in the Nevada Indian Commission’s Gift Fund. (NRS 233A.092, 233A.097, 233A.300) Section 2.5 of this bill requires the Museum Director of the Stewart Indian School Cultural Center and Museum to enter into an agreement with the State Land Registrar or any other state agency that receives an assignment of the buildings and grounds of the former Stewart Indian School to: (1) designate which buildings and grounds of the former Stewart Indian School under the management of the Museum Director are appropriate for special events; and (2) authorize the Museum Director to grant special use permits to hold special events at or on the designated buildings and grounds.

Sections 2 and 2.5 of this bill require that any money received for special events held at or on the buildings or grounds of the former Stewart Indian School be paid into the State Treasury for credit to the Nevada Indian Commission’s Gift Fund for the purpose of carrying out programs to preserve and maintain the buildings and grounds of the former Stewart Indian School.

Existing law: (1) creates the Silver State Industries Endowment Fund, which is administered by the Silver State Industries Division of the Department of Corrections; (2) prescribes the uses of the money in the Fund; (3) prohibits spending or transferring any amount of the reserved principal of the Fund, which must not exceed $100,000; and (4) requires the State Treasurer, at the end of each fiscal year, to transfer to the Endowment Fund for the Historic Preservation of the Nevada State Prison a portion of the money remaining in the Silver State Industries Endowment Fund. (NRS 209.194, 381.239) Section 3 of this bill: (1) revises the allocation of money in the Fund for the maintenance of the modern structures, buildings and other property of the Nevada State Prison and administrative costs; and (2) eliminates the prohibition on spending or transferring the reserved principal of the Fund.

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ê2021 Statutes of Nevada, Page 2078 (CHAPTER 350, AB 270)ê

money in the Fund for the maintenance of the modern structures, buildings and other property of the Nevada State Prison and administrative costs; and (2) eliminates the prohibition on spending or transferring the reserved principal of the Fund.

Existing law makes it unlawful, with certain exceptions, to sell alcoholic beverages within one-half mile of any institution under the jurisdiction of the Department of Corrections. (NRS 212.180) Section 4 of this bill authorizes the sale or consumption of beer and wine at certain events held within the historic structures, buildings and other property of the Nevada State Prison.

Existing law: (1) creates the Endowment Fund for the Historic Preservation of the Nevada State Prison; (2) requires that the money in the Fund be used to operate, maintain and preserve the historic structures, buildings and other property of the Nevada State Prison; and (3) prohibits spending or transferring any amount of the reserved principal of the Fund, which must not exceed $100,000. (NRS 381.239) Section 6 of this bill eliminates the prohibition on spending or transferring the reserved principal of the Fund.

Existing law authorizes the Department of Corrections and any other state agency to which an assignment of the historic property of the Nevada State Prison is made to grant a special use permit or enter into an agreement with a nonprofit corporation, pursuant to which the corporation is authorized to conduct tours and engage in other activities relating to that property. (NRS 381.241) Section 7 of this bill requires that any such permit or agreement provide that any income received by the corporation from grants made to the corporation for certain purposes belong solely to the corporation.

Existing law requires the Board of Museums and History to create a trust fund for the deposit of certain money that becomes available from grants, donations and gifts to be used for further study and development of the historic property of the Nevada State Prison. (NRS 381.243) Section 9 of this bill eliminates the requirement to create the trust fund. Section 8 of this bill requires that any money remaining in the trust fund on July 1, 2021, must be deposited in the Endowment Fund for the Historic Preservation of the Nevada State Prison.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. (Deleted by amendment.)

Sec. 2. NRS 233A.097 is hereby amended to read as follows:

233A.097 1. Except for gifts or grants specifically accounted for in another fund, all gifts or grants of money, revenues generated or other property which the Commission is authorized to accept must be accounted for in the Nevada Indian Commission’s Gift Fund, which is hereby created as a special revenue fund. The Fund is a continuing fund without reversion. The Commission may establish such accounts in the Fund as are necessary to account properly for gifts, grants and revenues received [.] and money received pursuant to NRS 233A.300. All such money received by the Commission must be deposited in the State Treasury for credit to the Fund. The money in the Fund must be paid out on claims as other claims against the State are paid. Unless otherwise specifically provided by statute, claims against the Fund must be approved by the Executive Director of the Commission or his or her designee.

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ê2021 Statutes of Nevada, Page 2079 (CHAPTER 350, AB 270)ê

2. Gifts of property other than money may be sold or exchanged when this is deemed by the Commission to be in the best interest of the Commission. The sale price must not be less than 90 percent of the value determined by a qualified appraiser appointed by the Commission. All money received from the sale must be deposited in the State Treasury to the credit of the appropriate gift account in the Nevada Indian Commission’s Gift Fund. The money may be spent only for the purposes of the Commission. The property may not be sold or exchanged if to do so would violate the terms of the gift.

Sec. 2.5. NRS 233A.300 is hereby amended to read as follows:

233A.300 1. The buildings and grounds of the former Stewart Indian School that are designated by the Commission are under the management of the Museum Director for the purpose of establishing and maintaining the Stewart Indian School Cultural Center and Museum.

2. The Museum Director shall enter into an agreement with the State Land Registrar or any other state agency that receives an assignment from the State Land Registrar of the buildings and grounds of the former Stewart Indian School. The agreement must, without limitation:

(a) Designate which buildings and grounds of the former Stewart Indian School under the management of the Museum Director pursuant to subsection 1 are appropriate for holding special events; and

(b) Authorize the Museum Director to grant special use permits to hold special events at or on the buildings and grounds of the former Stewart Indian School designated pursuant to paragraph (a).

3. Any money received for any special events held at or on the buildings and grounds of the former Stewart Indian School in accordance with the agreement entered into pursuant to subsection 2 must be:

(a) Paid into the State Treasury for credit to the Nevada Indian Commission’s Gift Fund created by NRS 233A.097; and

(b) Used by the Commission to carry out programs to preserve and maintain the operations and cultural integrity of the former Stewart Indian School.

Sec. 3. NRS 209.194 is hereby amended to read as follows:

209.194 1. The Silver State Industries Endowment Fund is hereby created as a trust fund in the State Treasury.

2. The State Treasurer shall deposit in the Fund:

(a) Any money received from any commercial or correctional activities relating to the use of the modern structures, buildings and other property of the Nevada State Prison; and

(b) Any gifts, grants or donations of money the State Treasurer receives from any person who wishes to contribute to the Fund.

Ê The money described in paragraphs (a) and (b) must be accounted for separately.

3. The interest and income earned on the money in the Fund must be credited to the Fund.

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ê2021 Statutes of Nevada, Page 2080 (CHAPTER 350, AB 270)ê

4. The Fund must be administered by the Silver State Industries Division of the Department.

5. Except as otherwise provided in subsection 6, the money in the Fund must only be used for the purposes set forth in this subsection. [The money which represents the reserved principal of the Fund, in an amount not to exceed $100,000, must not be spent and, except as otherwise provided in subsection 6, only the money which represents the principal in excess of $100,000 and the interest earned on the principal may be used to carry out the provisions of this section.] The Silver State Industries Division may use:

(a) In addition to any interest earned on the principal of the Fund, not more than [50] 75 percent of the money received during a fiscal year from any commercial or correctional activities relating to the use of the modern structures, buildings and other property of the Nevada State Prison for the maintenance of the modern structures, buildings and other property of the Nevada State Prison; and

(b) Not more than [10] 5 percent of the [interest earned on the principal of the Fund] money received during a fiscal year from any commercial or correctional activities relating to the use of the modern structures, buildings and other property of the Nevada State Prison to pay administrative costs.

6. At the end of each fiscal year, the State Treasurer shall transfer from the Silver State Industries Endowment Fund to the Endowment Fund for the Historic Preservation of the Nevada State Prison created by NRS 381.239 [50] 25 percent of all the money received during the fiscal year from any commercial or correctional activities relating to the use of the modern structures, buildings and other property of the Nevada State Prison and deposited into and remaining in the Silver State Industries Endowment Fund. The State Treasurer shall not transfer [the reserved principal of the Silver State Industries Endowment Fund or] any interest earned on the principal.

7. As used in this section, “modern structures, buildings and other property of the Nevada State Prison” means the structures, buildings and other property described in paragraph (a) of subsection 1 of NRS 321.004.

Sec. 4. NRS 212.180 is hereby amended to read as follows:

212.180 [It]

1. Except as otherwise provided in subsection 2, it is unlawful for any person, unless the person was licensed to sell alcoholic beverages at that address before July 1, 1983, to sell by wholesale or retail any alcoholic beverage within one-half mile of any institution under the jurisdiction of the Department of Corrections which is designed to house 125 or more offenders within a secure perimeter, and no license may be granted authorizing the sale of any alcoholic beverage within one-half mile of such an institution.

2. The provisions of subsection 1 do not prohibit the sale or consumption of beer and wine at any event held pursuant to a special use permit or agreement with the Nevada State Prison Preservation Society, or any successor or similar nonprofit corporation,

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ê2021 Statutes of Nevada, Page 2081 (CHAPTER 350, AB 270)ê

or any successor or similar nonprofit corporation, within the historic structures, buildings and other property of the Nevada State Prison so long as the beer and wine is served in temporary containers and beer or wine is not stored at the historic structures, buildings and other property of the Nevada State Prison.

3. As used in this section:

(a) “Beer” has the meaning ascribed to it in NRS 369.010.

(b) “Historic structures, buildings and other property of the Nevada State Prison” means the structures, buildings and other property described in paragraph (b) of subsection 1 of NRS 321.004.

Sec. 5. (Deleted by amendment.)

Sec. 6. NRS 381.239 is hereby amended to read as follows:

381.239 1. The Endowment Fund for the Historic Preservation of the Nevada State Prison is hereby created as a trust fund in the State Treasury.

2. The State Treasurer shall deposit in the Fund:

(a) Any money received from any commercial or tourist enterprises relating to the use of the historic structures, buildings and other property of the Nevada State Prison as a historical, cultural, educational and scientific resource, except for any administrative expenses of a nonprofit corporation retained by the corporation pursuant to NRS 381.241.

(b) At the end of each fiscal year, the money required by subsection 6 of NRS 209.194 to be transferred from the Silver State Industries Endowment Fund created by that section . [, other than the money which represents the reserved principal of the Silver State Industries Endowment Fund.]

(c) Any other gifts, grants or donations of money the State Treasurer receives from any person who wishes to contribute to the Fund.

3. The interest and income earned on the money in the Fund must be credited to the Fund.

4. The Fund must be administered by the agency to which the historic structures, buildings and other property of the Nevada State Prison are assigned for administration pursuant to NRS 321.004, in consultation with the Board and the Nevada State Prison Preservation Society or its successor.

5. The money in the Fund must only be used for the purposes of the operation, maintenance and preservation of the historic structures, buildings and other property of the Nevada State Prison as a historical, cultural, educational and scientific resource. [The money which represents the reserved principal of the Fund, in an amount not to exceed $100,000, must not be spent, and only the money which represents the principal in excess of $100,000 and the interest earned on the principal may be used to carry out the provisions of this section.] The agency that administers the Fund may use not more than 10 percent of the interest earned on the principal of the Fund to pay administrative costs.

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ê2021 Statutes of Nevada, Page 2082 (CHAPTER 350, AB 270)ê

Sec. 7. NRS 381.241 is hereby amended to read as follows:

381.241 1. The Department of Corrections and, as soon as practicable after the date of the assignment, any other state agency that receives an assignment from the State Land Registrar of the historic structures, buildings and other property of the Nevada State Prison pursuant to NRS 321.004 may grant a special use permit to or enter into an agreement with the Nevada State Prison Preservation Society, or any successor or similar nonprofit corporation, authorizing the corporation to conduct tours and engage in other commercial and tourist activities relating to the historic structures, buildings and other property of the Nevada State Prison.

2. Any permit or agreement granted or entered into pursuant to this section must:

(a) Be for a term of 2 years;

(b) Be renewable as provided in the permit or agreement;

(d) Require the corporation to pay the income from such fees , [and donations,] less the reasonable administrative expenses incurred by the corporation, to the State Treasurer for deposit in the Endowment Fund for the Historic Preservation of the Nevada State Prison created by NRS 381.239; and

(e) Provide that any income received by the corporation from membership fees, the sale of merchandise of the corporation , grants or donations made to the corporation for purposes other than entry into or tours of the historic structures, buildings and other property at the Nevada State Prison belong solely to the corporation.

Sec. 8. Any money remaining in the trust fund established pursuant to NRS 381.243 on July 1, 2021, must be deposited in the Endowment Fund for the Historic Preservation of the Nevada State Prison created by NRS 381.239.

Sec. 9. NRS 381.243 is hereby repealed.

Sec. 10. This act becomes effective on July 1, 2021.

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ê2021 Statutes of Nevada, Page 2083ê

CHAPTER 351, SB 440

Senate Bill No. 440–Committee on Finance

CHAPTER 351

[Approved: June 4, 2021]

AN ACT relating to taxation; revising the eligibility requirements for an exemption from sales and use taxes for certain members of the Nevada National Guard and certain relatives of such members; creating an exemption from sales and use taxes for purchases during a certain period by certain members of the Nevada National Guard who reside in this State and certain relatives of such members; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law provides an exemption from certain sales and use taxes for members of the Nevada National Guard called into active service and for certain relatives of such members of the Nevada National Guard. (NRS 372.7281, 374.7285) The Department of Taxation is required to issue a letter of exemption to a person who the Department determines is eligible for such an exemption from taxation. (NRS 372.7282, 374.7286) Sections 1 and 3 of this bill revise the eligibility requirements for this exemption so that it is available to members of the Nevada National Guard who have been called into active duty for a period of more than 30 days outside of the United States and the relatives of such members. Sections 2 and 4 of this bill provide that a letter of exemption issued to such members or their relatives expires 30 days after the member returns to the United States.

Sections 1 and 3 also provide an exemption from sales and use taxes on purchases of tangible personal property by members of the Nevada National Guard who are on active status and who are residents of this State and certain relatives of such members of the Nevada National Guard if the purchase occurs on the date on which Nevada Day is observed or the immediately following Saturday or Sunday. Sections 2 and 4 require an application for a letter of exemption for such an exemption to be filed not later than 30 days before the date on which Nevada Day is observed or such other deadline as the Department may establish by regulation, provided that any such deadline may not be earlier than 45 days before Nevada Day is observed. Sections 2 and 4 establish that a letter of exemption issued for such an exemption expires on December 31 of the year it is issued but may be renewed.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 372.7281 is hereby amended to read as follows:

372.7281 In administering the provisions of NRS 372.325, the Department shall apply the exemption for the sale of tangible

personal property to the State of Nevada, its unincorporated agencies and instrumentalities to include all tangible personal property that is sold to:

1. A member of the Nevada National Guard who [is engaged in full-time National Guard duty, as defined in 10 U.S.C. § 101(d)(5), and] has been called into active [service.] duty for a period of more than 30 days, as defined in 10 U.S.C. § 101(d)(2), outside of the United States.

2. A relative of a member of the Nevada National Guard eligible for the exemption pursuant to subsection 1 who:

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ê2021 Statutes of Nevada, Page 2084 (CHAPTER 351, SB 440)ê

(a) Resides in the same home or dwelling in this State as the member; and

(b) Is related by blood, adoption or marriage within the first degree of consanguinity or affinity to the member.

3. A relative of a deceased member of the Nevada National Guard who was [engaged in full-time National Guard duty, as defined in 10 U.S.C. § 101(d)(5), and who was] killed while performing his or her duties as a member of the Nevada National Guard during a period when the member was called into active [service.] duty, as defined in 10 U.S.C. § 101(d)(1). To be eligible under this subsection, the relative must be a person who:

(a) Resided in the same house or dwelling in this State as the deceased member; and

(b) Was related by blood, adoption or marriage within the first degree of consanguinity or affinity to the deceased member.

4. A member of the Nevada National Guard who is on active status, as defined in 10 U.S.C. § 101(d)(4), and who is a resident of this State, if the sale occurs on the date on which Nevada Day is observed pursuant to NRS 236.015 or the Saturday or Sunday immediately following that day.

5. A relative of a member of the Nevada National Guard eligible for the exemption pursuant to subsection 4 who:

(a) Resides in the same home or dwelling in this State as the member; and

(b) Is related by blood, adoption or marriage within the first degree of consanguinity or affinity to the member,

Ê if the sale occurs on the date on which Nevada Day is observed pursuant to NRS 236.015 or the Saturday or Sunday immediately following that day.

Sec. 2. NRS 372.7282 is hereby amended to read as follows:

372.7282 1. A person who wishes to claim an exemption pursuant to NRS 372.7281 must file an application with the Department to obtain a letter of exemption. The application must be on a form and contain such information as is required by the Department. A person who wishes to claim an exemption pursuant to subsection 4 or 5 of NRS 372.7281 must file the application not later than 30 days before the date on which Nevada Day is observed pursuant to NRS 236.015, unless a different deadline is specified by the Department by regulation, provided that any deadline established by the Department must not be earlier than 45 days before the date on which Nevada Day is observed.

2. If the Department determines that a person is eligible for the exemption provided pursuant to NRS 372.7281, the Department shall issue a letter of exemption to the person. A letter of exemption issued to a member of the Nevada National Guard described in subsection 1 of NRS 372.7281 or a relative of a member described in subsection 2 of NRS 372.7281 expires [on the date on which the person no longer meets the qualifications for eligibility.] 30 days after the member of the Nevada National Guard returns to the United States. A letter of exemption issued to a relative of a deceased member of the Nevada National Guard described in subsection 3 of NRS 372.7281 expires on the date 3 years after the date of the death of the member. A letter of exemption issued to a member of the Nevada National Guard described in subsection 4 of NRS 372.7281 or a relative of a member described in subsection 5 of NRS 372.7281 expires on December 31 of the year it is issued but may be renewed.

3. To claim an exemption pursuant to NRS 372.7281 for the sale of tangible personal property to such a person:

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ê2021 Statutes of Nevada, Page 2085 (CHAPTER 351, SB 440)ê

(a) The person must provide a copy of the letter of exemption to the retailer from whom the person purchases the property; and

(b) The retailer must retain and present upon request a copy of the letter of exemption to the Department.

4. The Department shall adopt such regulations as are necessary to carry out the provisions of this section.

Sec. 3. NRS 374.7285 is hereby amended to read as follows:

374.7285 In administering the provisions of NRS 374.330, the Department shall apply the exemption for the sale of tangible personal property to the State of Nevada, its unincorporated agencies and instrumentalities to include all tangible personal property that is sold to:

2. A relative of a member of the Nevada National Guard eligible for the exemption pursuant to subsection 1 who:

(a) Resides in the same home or dwelling in this State as the member; and

(b) Is related by blood, adoption or marriage within the first degree of consanguinity or affinity to the member.

(a) Resided in the same house or dwelling in this State as the deceased member; and

(b) Was related by blood, adoption or marriage within the first degree of consanguinity or affinity to the deceased member.

5. A relative of a member of the Nevada National Guard eligible for the exemption pursuant to subsection 4 who:

(a) Resides in the same home or dwelling in this State as the member; and

(b) Is related by blood, adoption or marriage within the first degree of consanguinity to the member,

Ê if the sale occurs on the date on which Nevada Day is observed pursuant to NRS 236.015 or the Saturday or Sunday immediately following that day.

Sec. 4. NRS 374.7286 is hereby amended to read as follows:

374.7286 1. A person who wishes to claim an exemption pursuant to NRS 374.7285 must file an application with the Department to obtain a letter of exemption. The application must be on a form and contain such information as is required by the Department. A person who wishes to claim an exemption pursuant to subsection 4 or 5 of NRS 374.7285 must file the application not later than 30 days before the date on which Nevada Day is observed pursuant to NRS 236.015, unless a different deadline is specified by the Department by regulation, provided that any deadline established by the Department must not be earlier than 45 days before the date on which Nevada Day is observed.

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ê2021 Statutes of Nevada, Page 2086 (CHAPTER 351, SB 440)ê

2. If the Department determines that a person is eligible for the exemption provided pursuant to NRS 374.7285, the Department shall issue a letter of exemption to the person. A letter of exemption issued to a member of the Nevada National Guard described in subsection 1 of NRS 374.7285 or a relative of a member described in subsection 2 of NRS 374.7285 expires [on the date on which the person no longer meets the qualifications for eligibility.] 30 days after the member of the Nevada National Guard returns to the United States. A letter of exemption issued to a relative of a deceased member of the Nevada National Guard described in subsection 3 of NRS 374.7285 expires on the date 3 years after the date of the death of the member. A letter of exemption issued to a member of the Nevada National Guard described in subsection 4 of NRS 374.7285 or a relative of a member described in subsection 5 of NRS 374.7285 expires on December 31 of the year it is issued but may be renewed.

3. To claim an exemption pursuant to NRS 374.7285, for the sale of tangible personal property to such a person:

(a) The person must provide a copy of the letter of exemption to the retailer from whom the person purchases the property; and

(b) The retailer must retain and present upon request a copy of the letter of exemption to the Department.

4. The Department shall adopt such regulations as are necessary to carry out the provisions of this section.

Sec. 5. 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. 5.5. In accordance with Section 6 of Article 10 of the Nevada Constitution, the Legislature hereby finds that the exemption provided by this act from any excise tax on the sale, storage, use or consumption of tangible personal property sold at retail:

1. Will achieve a bona fide social or economic purpose and that the benefits of the exemption are expected to exceed any adverse effect of the exemption on the provision of services to the public by the State or a local government that would otherwise receive revenue from the tax from which the exemption would be granted; and

2. Will not impair adversely the ability of the State or a local government to pay, when due, all interest and principal on any outstanding bonds or any other obligations for which revenue from the tax from which the exemption would be granted was pledged.

Sec. 6. This act becomes effective on July 1, 2021, and expires by limitation on June 30, 2031.

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CHAPTER 352, AB 485

Assembly Bill No. 485–Committee on Ways and Means

CHAPTER 352

[Approved: June 4, 2021]

AN ACT relating to emergency management; transferring the Division of Emergency Management and its powers and duties from the Department of Public Safety to the Office of the Military; granting the Adjutant General of the Office of the Military authority over the Division of Emergency Management; revising provisions governing the Adjutant General of the Office of the Military; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law creates the Division of Emergency Management in the Department of Public Safety and grants the Division certain powers and duties concerning emergencies and disasters. (NRS 414.040) Sections 25 and 32 of this bill transfer the Division from the Department of Public Safety to the Office of the Military. Sections 1-23, 33-42 and 44-55 of this bill make conforming changes that reorganize the Division and its powers and duties from the Department to the Office. Sections 4, 31, 40 and 41 of this bill similarly transfer authority over the Division from the Director of the Department to the Adjutant General of the Office. The transfer of the Division from the Department to the Office in sections 1, 2, 34, and 41 of this bill grant the Office certain powers and duties concerning an emergency or disaster, including: (1) developing a written plan to address behavioral health needs in an emergency or disaster; (2) the assumption of control over all or part of the state communications system; (3) administration of the Emergency Assistance Account in the State General Fund; and (4) administration of the Nevada Intrastate Mutual Aid System. (NRS 232.3532, 233F.170, 414.135, 414A.100) Section 24 of this bill provides that the Chief of the Division serves at the pleasure of the Adjutant General and prescribes the powers and duties of the Chief. Section 7 of this bill grants the Chief the powers of a peace officer.

Existing law grants the Division a role in coordinating with schools in this State concerning disaster and emergency preparation and response including: (1) providing a representative to the committee on statewide school safety; (2) consulting with development committees established by the board of trustees of a school district that are required to develop a plan to respond to a crisis, emergency or suicide; (3) reviewing the development plan of a development committee; (4) preparing a report on compliance by schools in this State with the requirements for developing and reviewing development plans; (5) assisting the Department of Education in developing a model plan for the management of a crisis, emergency or suicide at a public or private school; (6) assisting in responding to a crisis or emergency at a public or private school; (7) consulting with the board of trustees of certain school districts and the governing body of certain charter schools concerning safety in schools; and (8) coordinating with the Department of Education concerning an annual conference regarding safety in public schools. (NRS 388.1324, 388.243, 388.245, 388.246, 388.253, 388.257, 388.264, 388.265) Sections 10-13, 15, 16, 18 and 19 of this bill transfer such powers and duties from the Department of Public Safety to the Office of the Military. Sections 20-23 of this bill make similar changes for private schools and their development committees.

Existing law grants the Director of the Department authority over the Division and its employees. (NRS 414.040, 414A.100, 480.540) Sections 31, 32, 41 and 51 of this bill transfer authority over the Division from the Director of the Department to the Adjutant General of the Office of the Military.

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the Adjutant General of the Office of the Military. Section 30 of this bill requires the Office to supervise emergency management affairs and requires the Division to execute, administer and enforce emergency management and the Nevada Intrastate Mutual Aid System.

Existing law creates the position of the Adjutant General as an appointed member of the Governor’s staff and grants the Adjutant General authority over the Office of the Military. (NRS 412.042, 412.044, 412.068) Existing law grants the Adjutant General the authority to appoint two assistant adjutants general and personal aides-de-camp to the Governor that are selected from the commissioned officers of the Nevada National Guard or from reserve officers of the Armed Forces of the United States who are residents of this State and who are not serving on extended active duty. (NRS 412.042) Section 26 of this bill repeals the authority of the Adjutant General to appoint an aides-de-camp to the Governor. Section 26 also repeals the requirement that an assistant adjutant general be a resident of this State not serving on extended active duty. Existing law provides that the Adjutant General shall hold office for a 4-year term. (NRS 412.044) Section 27 of this bill removes the 4-year term limit and requires instead that the Adjutant General serve at the pleasure of the Governor. Section 27 also revises certain requirements for eligibility for appointment to the office of the Adjutant General. Existing law provides that to be eligible for appointment as an Assistant Adjutant General, a person must be an officer of the Nevada National Guard, federally recognized in the grade of lieutenant colonel or higher and must have completed at least 6 years of service in the Nevada National Guard as a federally recognized officer. (NRS 412.054) Section 28 of this bill requires instead that to be eligible for appointment as an Assistant Adjutant General, a person must be an officer of the Armed Forces of the United States and be federally recognized in the grade of colonel or higher.

Existing law authorizes the State Emergency Response Commission to adopt regulations setting forth the manner in which the Division is required to allocate certain money relating to hazardous materials. (NRS 459.742) Section 43 of this bill eliminates such authority.

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 232.3532 is hereby amended to read as follows:

232.3532 1. The Department shall develop a written plan to address behavioral health needs in an emergency or disaster. Such a plan must, without limitation:

(a) Prescribe a process for assessing the need for behavioral health resources during or after an emergency or disaster based on the estimated impact of the emergency or disaster and the estimated depletion of resources during the emergency or disaster;

(b) Ensure continuity of services for existing patients with a mental illness, developmental disability or intellectual disability during an emergency or disaster;

(d) Identify opportunities for the rendering of mutual aid during an emergency or disaster;

(e) Prescribe procedures to address the behavioral health needs of first responders during and after an emergency or disaster; and

(f) Prescribe measures to aid the recovery of the behavioral health system after an emergency or disaster.

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2. On or before December 31 of each year, the Department shall:

(a) Review the plan developed pursuant to subsection 1 and revise the plan as necessary; and

(b) Transmit the plan to the Chief of the Division of Emergency Management of the [Department of Public Safety.] Office of the Military.

3. As used in this section:

(a) “Disaster” has the meaning ascribed to it in NRS 414.0335.

(b) “Emergency” has the meaning ascribed to it in NRS 414.0345.

Sec. 2. NRS 233F.170 is hereby amended to read as follows:

233F.170 In the event of any emergency, the Governor may direct the Division of Emergency Management of the [Department of Public Safety] Office of the Military to assume control over all or part of the state communications system.

Sec. 3. NRS 239C.045 is hereby amended to read as follows:

239C.045 “Division” means the Division of Emergency Management of the [Department of Public Safety.] Office of the Military.

Sec. 4. NRS 239C.175 is hereby amended to read as follows:

239C.175 1. The [Director of the Department of Public Safety] Adjutant General of the Office of the Military may employ such persons in the classified service of the State as the [Director] Adjutant General determines to be necessary to carry out the duties of the Commission, including, without limitation, an Executive Assistant to the Commission, a Policy Analyst to the Commission, a Grant Analyst to the Commission and a Specialist in Public Information to the Commission.

2. If the [Director of the Department of Public Safety] Adjutant General of the Office of the Military employs persons pursuant to subsection 1, the salaries for those positions must be paid from the State General Fund or from money received as grants from the Federal Government to the extent allowable pursuant to federal law, or both.

Sec. 5. NRS 239C.400 is hereby amended to read as follows:

239C.400 1. The Nevada Resilience Advisory Committee is hereby created.

2. With the approval of the [Director of the Department of Public Safety,] Adjutant General of the Office of the Military, the Chief of the Division shall appoint to the Committee not more than 34 voting members that the Chief determines to be appropriate and who have expertise in:

(a) Emergency management;

(b) Homeland security;

(d) Cybersecurity;

(e) School safety; or

(f) Public health.

3. With the approval of the [Director of the Department of Public Safety,] Adjutant General of the Office of the Military, the Chief or his or her designee shall:

(a) Serve as the Chair and a voting member of the Committee; and

(b) Appoint one voting member of the Committee to serve as Vice Chair.

4. The term of office of each voting member of the Committee is 2 years. This term limit does not apply to the Chair. A member may be reappointed.

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Sec. 6. NRS 281.149 is hereby amended to read as follows:

281.149 1. Any public officer or employee of the State or any agency thereof, or of a political subdivision or an agency of a political subdivision, who is an emergency communications technician must be relieved from the officer’s or employee’s duties, upon the request of the Division of Emergency Management of the [Department of Public Safety] Office of the Military or a local organization for emergency management and the approval of the employer of the officer or employee, to assist the division or local organization for emergency management during a disaster or emergency that occurs in this state, California, Oregon, Idaho, Utah or Arizona, without loss of the officer’s or employee’s regular compensation for a period of not more than 15 working days in any calendar year. No such absence may be a part of the annual vacation of the public officer or employee which is provided for by law.

2. As used in this section:

(a) “Disaster” has the meaning ascribed to it in NRS 414.0335.

(b) “Emergency” has the meaning ascribed to it in NRS 414.0345.

(1) Licensed by the Federal Communications Commission as an amateur radio operator; and

(2) A member of:

(I) The Radio Amateur Civil Emergency Service or a successor organization sponsored by the agency of the Federal Government for emergency management; or

(II) The Amateur Radio Emergency Service or a successor organization sponsored by the American Radio Relay League or its successor.

(d) “Local organization for emergency management” has the meaning ascribed to it in NRS 414.036.

Sec. 7. NRS 289.270 is hereby amended to read as follows:

289.270 1. The following persons have the powers of a peace officer:

(a) The Director of the Department of Public Safety.

(b) The chiefs of the divisions of the Department of Public Safety.

(d) The sworn personnel of the Department of Public Safety.

(e) The Chief of the Division of Emergency Management of the Office of the Military.

2. Administrators and investigators of the Division of Compliance Enforcement of the Department of Motor Vehicles have the powers of a peace officer to enforce any law of the State of Nevada in carrying out their duties pursuant to NRS 481.048.

3. Officers and investigators of the Section for the Control of Emissions From Vehicles and the Enforcement of Matters Related to the Use of Special Fuel of the Department of Motor Vehicles, appointed pursuant to NRS 481.0481, have the powers of peace officers in carrying out their duties under that section.

Sec. 8. NRS 353.2712 is hereby amended to read as follows:

353.2712 “Division” means the Division of Emergency Management of the [Department of Public Safety.] Office of the Military.

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Sec. 9. NRS 353.353 is hereby amended to read as follows:

353.353 1. If, during a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070, the Chief of the Division of Emergency Management of the [Department of Public Safety] Office of the Military determines that the balance in the Emergency Assistance Account created by NRS 414.135 is insufficient to cover the expenses relating to the emergency or disaster that are authorized pursuant to NRS 414.135, the Chief may request from the Director of the Office of Finance a temporary advance from the State General Fund to the Emergency Assistance Account for the payment of those expenses.

2. The Director of the Office of Finance shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau of his or her approval of a request made pursuant to subsection 1. The State Controller shall draw his or her warrant upon receipt of the approval by the Director of the Office of Finance.

3. Any money which is advanced from the State General Fund to the Emergency Assistance Account pursuant to subsection 1 must be repaid as soon as the money which the advance replaced is deposited in the Emergency Assistance Account.

Sec. 10. NRS 388.1324 is hereby amended to read as follows:

388.1324 1. The Governor shall appoint a committee on statewide school safety. Appointments must be made to represent each of the geographic areas of the State.

2. The committee must consist of:

(a) One representative of the Department of Education;

(b) One representative of the Department of Public Safety;

(c) One representative of the Division of Emergency Management of the [Department of Public Safety;] Office of the Military;

(d) One representative of the Department of Health and Human Services;

(e) One representative who is a licensed teacher in this State;

(f) One representative who is the principal of a school in this State;

(g) One superintendent of a school district in this State;

(h) One school resource officer assigned to a school in this State;

(i) One person employed as a paraprofessional, as defined in NRS 391.008, by a school in this State;

(j) One school psychologist employed by a school in this State;

(k) One provider of mental health other than a psychologist who provides services to pupils at a school in this State;

(l) The State Fire Marshal or his or her designee;

(m) One parent or legal guardian of a pupil enrolled in a school in this State;

(n) At least two pupils enrolled in a school in this State; and

(o) Any other representative the Governor deems appropriate.

3. The committee shall:

(a) Establish methods which facilitate the ability of a pupil enrolled in a school in this State to express his or her ideas related to school safety and the well-being of pupils enrolled in schools in this State;

(b) Evaluate the impact of social media on school safety and the well-being of pupils enrolled in schools in this State; and

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ê2021 Statutes of Nevada, Page 2092 (CHAPTER 352, AB 485)ê

4. As used in this section, “social media” has the meaning ascribed to it in NRS 232.003.

Sec. 11. NRS 388.243 is hereby amended to read as follows:

388.243 1. Each development committee established by the board of trustees of a school district shall develop one plan, which constitutes the minimum requirements of a plan, to be used by all the public schools other than the charter schools in the school district in responding to a crisis, emergency or suicide. Each development committee established by the governing body of a charter school shall develop a plan, which constitutes the minimum requirements of a plan, to be used by the charter school in responding to a crisis, emergency or suicide. Each development committee shall, when developing the plan:

(a) Consult with local social service agencies and local public safety agencies in the county in which its school district or charter school is located.

(b) If the school district has an emergency manager designated pursuant to NRS 388.262, consult with the emergency manager.

(c) If the school district has school resource officers, consult with the school resource officer or a person designated by him or her.

(d) If the school district has school police officers, consult with the chief of school police of the school district or a person designated by him or her.

(e) Consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the [Department of Public Safety] Office of the Military or his or her designee.

(f) Consult with the State Fire Marshal or his or her designee and a representative of a local government responsible for enforcement of the ordinances, codes or other regulations governing fire safety.

(g) Determine which persons and organizations in the community, including, without limitation, a provider of mental health services which is operated by a state or local agency, that could be made available to assist pupils and staff in recovering from a crisis, emergency or suicide.

2. The plan developed pursuant to subsection 1 must include, without limitation:

(a) The plans, procedures and information included in the model plan developed by the Department pursuant to NRS 388.253;

(b) A procedure for responding to a crisis or an emergency and for responding during the period after a crisis or an emergency has concluded, including, without limitation, a crisis or an emergency that results in immediate physical harm to a pupil or employee of a school in the school district or the charter school;

(c) A procedure for enforcing discipline within a school in the school district or the charter school and for obtaining and maintaining a safe and orderly environment during a crisis or an emergency;

(d) The names of persons and organizations in the community, including, without limitation, a provider of mental health services which is operated by a state or local agency, that are available to provide counseling and other services to pupils and staff of the school to assist them in recovering from a crisis, emergency or suicide;

(e) A plan for making the persons and organizations described in paragraph (d) available to pupils and staff after a crisis, emergency or suicide;

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ê2021 Statutes of Nevada, Page 2093 (CHAPTER 352, AB 485)ê

(f) A procedure for responding to a crisis or an emergency that occurs during an extracurricular activity which takes place on school grounds;

(g) A plan which includes strategies to assist pupils and staff at a school in recovering from a suicide; and

(h) A description of the organizational structure which ensures there is a clearly defined hierarchy of authority and responsibility used by the school for the purpose of responding to a crisis, emergency or suicide.

3. Each development committee shall provide a copy of the plan that it develops pursuant to this section to the board of trustees of the school district that established the committee or the governing body of the charter school that established the committee.

4. The board of trustees of the school district that established the committee or the governing body of the charter school that established the committee shall submit for approval to the Division of Emergency Management of the [Department of Public Safety] Office of the Military the plan developed pursuant to this section.

5. Except as otherwise provided in NRS 388.249 and 388.251, each public school must comply with the plan developed for it pursuant to this section.

Sec. 12. NRS 388.245 is hereby amended to read as follows:

388.245 1. Each development committee shall, at least once each year, review and update as appropriate the plan that it developed pursuant to NRS 388.243. In reviewing and updating the plan, the development committee shall consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the [Department of Public Safety] Office of the Military or his or her designee.

2. Each development committee shall provide an updated copy of the plan to the board of trustees of the school district that established the committee or the governing body of the charter school that established the committee.

3. On or before July 1 of each year, the board of trustees of the school district that established the committee or the governing body of the charter school that established the committee shall submit for approval to the Division of Emergency Management of the [Department of Public Safety] Office of the Military the plan updated pursuant to subsection 1.

4. The board of trustees of each school district and the governing body of each charter school shall:

(a) Post a notice of the completion of each review and update that its development committee performs pursuant to subsection 1 at each school in its school district or at its charter school;

(b) File with the Department a copy of the notice provided pursuant to paragraph (a);

(d) Retain a copy of each plan developed pursuant to NRS 388.243, each plan updated pursuant to subsection 1 and each deviation approved pursuant to NRS 388.251;

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ê2021 Statutes of Nevada, Page 2094 (CHAPTER 352, AB 485)ê

(e) Provide a copy of each plan developed pursuant to NRS 388.243 and each plan updated pursuant to subsection 1 to:

(1) Each local public safety agency in the county in which the school district or charter school is located; and

(2) The local organization for emergency management, if any;

(f) Upon request, provide a copy of each plan developed pursuant to NRS 388.243 and each plan updated pursuant to subsection 1 to a local agency that is included in the plan and to an employee of a school who is included in the plan;

(g) Provide a copy of each deviation approved pursuant to NRS 388.251 as soon as practicable to:

(1) The Department;

(2) A local public safety agency in the county in which the school district or charter school is located;

(3) The Division of Emergency Management of the [Department of Public Safety;] Office of the Military;

(4) The local organization for emergency management, if any;

(5) A local agency that is included in the plan; and

(6) An employee of a school who is included in the plan; and

(h) At least once each year, provide training in responding to a crisis and training in responding to an emergency to each employee of the school district or of the charter school, including, without limitation, training concerning drills for evacuating and securing schools.

5. The board of trustees of each school district and the governing body of each charter school may apply for and accept gifts, grants and contributions from any public or private source to carry out the provisions of NRS 388.229 to 388.266, inclusive.

Sec. 13. NRS 388.246 is hereby amended to read as follows:

388.246 The Division of Emergency Management of the [Department of Public Safety:] Office of the Military:

1. Shall prepare a report regarding the extent to which:

(a) The board of trustees of each school district, governing body of a charter school and each public school has complied with the provisions of NRS 388.243 and 388.245; and

(b) Each private school has complied with the provisions of NRS 394.1687 and 394.1688;

2. Shall, on or before January 1 of each year, submit the report prepared pursuant to subsection 1 to the Director of the Legislative Counsel Bureau for transmittal to the Legislature or, if the Legislature is not in session, to the Legislative Committee on Education; and

3. May conduct on a random basis audits of any plan submitted pursuant to NRS 388.243 and 388.245.

Sec. 14. NRS 388.249 is hereby amended to read as follows:

388.249 1. Each school committee shall, at least once each year, review the plan developed pursuant to NRS 388.243 and determine whether the school should deviate from the plan.

2. Each school committee shall, when reviewing the plan:

(a) Consult with the local social service agencies and law enforcement agencies in the county, city or town in which its school is located.

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(b) Consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the [Department of Public Safety] Office of the Military or his or her designee.

(c) Consider the specific needs and characteristics of the school, including, without limitation, the length of time for law enforcement to respond to the school and for a fire-fighting agency to respond to a fire, explosion or other similar emergency.

3. If a school committee determines that the school should deviate from the plan, the school committee shall notify the development committee that developed the plan, describe the proposed deviation and explain the reason for the proposed deviation. The school may deviate from the plan only if the deviation is approved by the development committee pursuant to NRS 388.251.

4. Each public school shall post at the school a notice of the completion of each review that the school committee performs pursuant to this section.

Sec. 15. NRS 388.253 is hereby amended to read as follows:

388.253 1. The Department shall, with assistance from other state agencies, including, without limitation, the Division of Emergency Management [,] of the Office of the Military and the Investigation Division [,] and the Nevada Highway Patrol Division of the Department of Public Safety, develop a model plan for the management of:

(a) A suicide; or

(b) A crisis or emergency that involves a public school or a private school and that requires immediate action.

2. The model plan must include, without limitation, a procedure for:

(a) In response to a crisis or emergency:

(1) Coordinating the resources of local, state and federal agencies, officers and employees, as appropriate;

(2) Accounting for all persons within a school;

(3) Assisting persons within a school in a school district, a charter school or a private school to communicate with each other;

(4) Assisting persons within a school in a school district, a charter school or a private school to communicate with persons located outside the school, including, without limitation, relatives of pupils and relatives of employees of such a school, the news media and persons from local, state or federal agencies that are responding to a crisis or an emergency;

(5) Assisting pupils of a school in the school district, a charter school or a private school, employees of such a school and relatives of such pupils and employees to move safely within and away from the school, including, without limitation, a procedure for evacuating the school and a procedure for securing the school;

(6) Reunifying a pupil with his or her parent or legal guardian;

(7) Providing any necessary medical assistance;

(8) Recovering from a crisis or emergency;

(9) Carrying out a lockdown at a school;

(10) Providing shelter in specific areas of a school; and

(11) Providing disaster behavioral health related to a crisis, emergency or suicide;

(b) Providing specific information relating to managing a crisis or emergency that is a result of:

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(1) An incident involving hazardous materials;

(2) An incident involving mass casualties;

(3) An incident involving an active shooter;

(4) An incident involving a fire, explosion or other similar situation;

(5) An outbreak of disease;

(6) Any threat or hazard identified in the hazard mitigation plan of the county in which the school district is located, if such a plan exists; or

(7) Any other situation, threat or hazard deemed appropriate;

(c) Providing pupils and staff at a school that has experienced a crisis or emergency with access to counseling and other resources to assist in recovering from the crisis or emergency;

(d) Evacuating pupils and employees of a charter school to a designated space within an identified public middle school, junior high school or high school in a school district that is separate from the general population of the school and large enough to accommodate the charter school, and such a space may include, without limitation, a gymnasium or multipurpose room of the public school;

(e) Selecting an assessment tool which assists in responding to a threat against the school by a pupil or pupils;

(f) On an annual basis, providing drills to instruct pupils in the appropriate procedures to be followed in response to a crisis or an emergency. Such drills must occur:

(1) At different times during normal school hours; and

(2) In cooperation with other state agencies, pursuant to this section.

(g) Responding to a suicide or attempted suicide to mitigate the effects of the suicide or attempted suicide on pupils and staff at the school, including, without limitation, by making counseling and other appropriate resources to assist in recovering from the suicide or attempted suicide available to pupils and staff;

(h) Providing counseling and other appropriate resources to pupils and school staff who have contemplated or attempted suicide;

(i) Outreach to persons and organizations located in the community in which a school that has had a suicide by a pupil, including, without limitation, religious and other nonprofit organizations, that may be able to assist with the response to the suicide;

(j) Addressing the needs of pupils at a school that has experienced a crisis, emergency or suicide who are at a high risk of suicide, including, without limitation, pupils who are members of the groups described in subsection 3 of NRS 388.256; and

(k) Responding to a pupil who is determined to be a person in mental health crisis, as defined in NRS 433A.0175, including, without limitation:

(1) Utilizing mobile mental health crisis response units, where available, before transporting the pupil to a public or private mental health facility pursuant to subparagraph (2); and

(2) Transporting the pupil to a public or private mental health facility or hospital for admission pursuant to NRS 433A.150.

3. In developing the model plan, the Department shall consider the plans developed pursuant to NRS 388.243 and 394.1687 and updated pursuant to NRS 388.245 and 394.1688.

4. The Department shall require a school district to ensure that each public school in the school district identified pursuant to paragraph (d) of subsection 2 is prepared to allow a charter school to evacuate to the school when necessary in accordance with the procedure included in the model plan developed pursuant to subsection 1.

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subsection 2 is prepared to allow a charter school to evacuate to the school when necessary in accordance with the procedure included in the model plan developed pursuant to subsection 1. A charter school shall hold harmless, indemnify and defend the school district to which it evacuates during a crisis or an emergency against any claim or liability arising from an act or omission by the school district or an employee or officer of the school district.

5. The Department may disseminate to any appropriate local, state or federal agency, officer or employee, as the Department determines is necessary:

(a) The model plan developed by the Department pursuant to subsection 1;

(b) A plan developed pursuant to NRS 388.243 or updated pursuant to NRS 388.245;

(d) A deviation approved pursuant to NRS 388.251 or 394.1692.

6. The Department shall, at least once each year, review and update as appropriate the model plan developed pursuant to subsection 1.

Sec. 16. NRS 388.257 is hereby amended to read as follows:

388.257 1. If a crisis or an emergency that requires immediate action occurs at a public school or a suicide occurs, the principal of the school involved, or the principal’s designated representative, shall, in accordance with the plan developed for the school pursuant to NRS 388.243 and in accordance with any deviation approved pursuant to NRS 388.251, contact all appropriate local agencies, including, without limitation, a provider of mental health services which is operated by a state or local agency, to respond to the crisis, emergency or suicide.

2. If a local agency that is responsible for responding to a crisis or an emergency is contacted pursuant to subsection 1 and the local agency determines that the crisis or the emergency requires assistance from a state agency, the local agency may:

(a) If a local organization for emergency management has been established in the city or county in which the local agency that was contacted is located, through such local organization for emergency management, notify the Division of Emergency Management of the [Department of Public Safety] Office of the Military of the crisis or the emergency and request assistance from the Division in responding to the crisis or the emergency; or

(b) If a local organization for emergency management has not been established in the city or county in which the local agency that was contacted is located, directly notify the Division of Emergency Management of the [Department of Public Safety] Office of the Military of the crisis or the emergency and request assistance from the Division in responding to the crisis or the emergency.

3. If the Division of Emergency Management of the [Department of Public Safety] Office of the Military receives notification of a crisis or an emergency and a request for assistance pursuant to subsection 2 and the Governor or the Governor’s designated representative determines that the crisis or the emergency requires assistance from a state agency, the Division shall carry out its duties set forth in the model plan developed pursuant to NRS 388.253 and its duties set forth in chapter 414 of NRS, including, without limitation, addressing the immediate crisis or emergency and coordinating the appropriate and available local, state and federal resources to provide support services and counseling to pupils, teachers, and parents or legal guardians of pupils, and providing support for law enforcement agencies, for as long as is reasonably necessary.

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NRS 388.253 and its duties set forth in chapter 414 of NRS, including, without limitation, addressing the immediate crisis or emergency and coordinating the appropriate and available local, state and federal resources to provide support services and counseling to pupils, teachers, and parents or legal guardians of pupils, and providing support for law enforcement agencies, for as long as is reasonably necessary.

4. If a local law enforcement agency responds to a crisis, emergency or suicide that occurs at a public school or notifies a public school regarding a crisis, emergency or suicide that occurs outside of the public school, the local law enforcement agency must consider whether it is necessary and appropriate to notify any other public school or any private school of the crisis, emergency or suicide. Such notification must include, without limitation, any information necessary for the public school or private school to appropriately respond to the crisis, emergency or suicide.

Sec. 17. NRS 388.261 is hereby amended to read as follows:

388.261 The provisions of chapter 241 of NRS do not apply to a meeting of:

1. A development committee;

2. A school committee;

3. The State Board if the meeting concerns a regulation adopted pursuant to NRS 388.255;

4. The Department of Education if the meeting concerns the model plan developed pursuant to NRS 388.253; or

5. The Division of Emergency Management of the [Department of Public Safety] Office of the Military if the meeting concerns the approval of a plan developed pursuant to NRS 388.243 or the approval of a plan updated pursuant to NRS 388.245.

Sec. 18. NRS 388.264 is hereby amended to read as follows:

388.264 1. The board of trustees of each school district and the governing body of each charter school shall consult with the person described in subsection 2 or 3, as applicable, regarding safety in schools before:

(a) Designing, constructing or purchasing new buildings for schools or related facilities;

(b) Enlarging, remodeling or renovating existing buildings for schools or related facilities; or

2. In a county whose population is 100,000 or more, the board of trustees of a school district or the governing body of a charter school that plans to take an action described in subsection 1 shall consult with the emergency manager designated pursuant to NRS 388.262 or, if the school district has school police officers, the chief of school police of the school district or a person designated by him or her.

3. In a county whose population is less than 100,000, the board of trustees of a school district or the governing body of a charter school that plans to take an action described in subsection 1 shall consult with:

(a) If the school district has school police officers, the chief of school police of the school district or a person designated by him or her or, if the school district has designated a full-time employee to serve as an emergency manager, the emergency manager; or

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(b) If the county has not designated a full-time employee to serve as an emergency manager and does not have school police officers, the Division of Emergency Management of the [Department of Public Safety.] Office of the Military.

Sec. 19. NRS 388.265 is hereby amended to read as follows:

388.265 1. The Department of Education shall, at least once each year, coordinate with the Division of Emergency Management of the [Department of Public Safety,] Office of the Military, any emergency manager designated pursuant to NRS 388.262, any chief of police of a school district that has police officers and any school resource officer to conduct a conference regarding safety in public schools.

2. The board of trustees of each school district shall designate persons to attend the conference held pursuant to subsection 1. The persons so designated must include, without limitation:

(a) An administrator from the school district;

(b) If the school district has school resource officers, a school resource officer or a person designated by him or her;

(c) If the school district has school police officers, the chief of school police of the school district or a person designated by him or her; and

(d) If the school district has an emergency manager designated pursuant to NRS 388.262, the emergency manager.

3. The conference conducted pursuant to subsection 1 may be attended by:

(a) A licensed teacher of a school or charter school;

(b) Educational support personnel employed by a school district or charter school;

(d) An employee of a local law enforcement agency; and

(e) A person employed or appointed to serve as a school police officer.

4. The State Public Charter School Authority shall annually, at a designated meeting of the State Public Charter School Authority or at a workshop or conference coordinated by the State Public Charter School Authority, discuss safety in charter schools. The governing body of each charter school shall designate persons to attend a meeting, workshop or conference at which such a discussion will take place pursuant to this subsection.

Sec. 20. NRS 394.1687 is hereby amended to read as follows:

394.1687 1. Each development committee shall develop a plan to be used by its school in responding to a crisis, emergency or suicide. Each development committee shall, when developing the plan:

(a) Consult with local social service agencies and local public safety agencies in the county in which its school is located.

2. The plan developed pursuant to subsection 1 must include, without limitation:

(a) The plans, procedures and information included in the model plan developed by the Department pursuant to NRS 388.253;

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(b) A procedure for immediately responding to a crisis or an emergency and for responding during the period after a crisis or an emergency has concluded, including, without limitation, a crisis or an emergency that results in immediate physical harm to a pupil or employee of the school; and

(c) A procedure for enforcing discipline within the school and for obtaining and maintaining a safe and orderly environment during a crisis or an emergency.

3. Each development committee shall provide a copy of the plan that it develops pursuant to this section to the governing body of the school that established the committee.

4. Except as otherwise provided in NRS 394.1691 and 394.1692, each private school must comply with the plan developed for it pursuant to this section.

Sec. 21. NRS 394.1688 is hereby amended to read as follows:

394.1688 1. Each development committee shall, at least once each year, review and update as appropriate the plan that it developed pursuant to NRS 394.1687. In reviewing and updating the plan, the development committee shall consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the [Department of Public Safety] Office of the Military or his or her designee.

2. On or before July 1 of each year, each development committee shall provide an updated copy of the plan to the governing body of the school.

3. The governing body of each private school shall:

(a) Post a notice of the completion of each review and update that its development committee performs pursuant to subsection 1 at the school;

(b) File with the Department a copy of the notice provided pursuant to paragraph (a);

(d) Retain a copy of each plan developed pursuant to NRS 394.1687, each plan updated pursuant to subsection 1 and each deviation approved pursuant to NRS 394.1692;

(e) On or before July 1 of each year, provide a copy of each plan developed pursuant to NRS 394.1687 and each plan updated pursuant to subsection 1 to:

(1) Each local public safety agency in the county in which the school is located;

(2) The Division of Emergency Management of the [Department of Public Safety;] Office of the Military; and

(3) The local organization for emergency management, if any;

(f) Upon request, provide a copy of each plan developed pursuant to NRS 394.1687 and each plan updated pursuant to subsection 1 to a local agency that is included in the plan and to an employee of the school who is included in the plan;

(g) Upon request, provide a copy of each deviation approved pursuant to NRS 394.1692 to:

(1) The Department;

(2) A local public safety agency in the county in which the school is located;

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ê2021 Statutes of Nevada, Page 2101 (CHAPTER 352, AB 485)ê

(3) The Division of Emergency Management of the [Department of Public Safety;] Office of the Military;

(4) The local organization for emergency management, if any;

(5) A local agency that is included in the plan; and

(6) An employee of the school who is included in the plan; and

(h) At least once each year, provide training in responding to a crisis and training in responding to an emergency to each employee of the school, including, without limitation, training concerning drills for evacuating and securing the school.

4. As used in this section, “public safety agency” has the meaning ascribed to it in NRS 388.2345.

Sec. 22. NRS 394.1691 is hereby amended to read as follows:

394.1691 1. Each school committee shall, at least once each year, review the plan developed for its school pursuant to NRS 394.1687 and determine whether the school should deviate from the plan.

2. Each school committee shall, when reviewing the plan, consult with:

(a) The local social service agencies and law enforcement agencies in the county, city or town in which its school is located.

(b) The director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the [Department of Public Safety] Office of the Military or his or her designee.

3. If a school committee determines that its school should deviate from the plan, the school committee shall notify the development committee that developed the plan, describe the proposed deviation and explain the reason for the proposed deviation. The school may deviate from the plan only if the deviation is approved by the development committee pursuant to NRS 394.1692.

4. Each private school shall post at the school a notice of the completion of each review that its school committee performs pursuant to this section.

Sec. 23. NRS 394.1696 is hereby amended to read as follows:

394.1696 1. If a crisis or an emergency that requires immediate action occurs at a private school or a suicide occurs, the principal or other person in charge of the private school involved, or his or her designated representative, shall, in accordance with the plan developed for the school pursuant to NRS 394.1687 and in accordance with any deviation approved pursuant to NRS 394.1692, contact all appropriate local agencies, including, without limitation, a provider of mental health services which is operated by a state or local agency, to respond to the crisis, emergency or suicide.

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ê2021 Statutes of Nevada, Page 2102 (CHAPTER 352, AB 485)ê

is located, directly notify the Division of Emergency Management of the [Department of Public Safety] Office of the Military of the crisis or the emergency and request assistance from the Division in responding to the crisis or the emergency.

4. If a local law enforcement agency responds to a crisis, emergency or suicide that occurs at a private school or notifies a private school regarding a crisis, emergency or suicide that occurs outside of the private school, the local law enforcement agency must consider whether it is necessary and appropriate to notify any public school or any other private school of the crisis, emergency or suicide. Such notification must include, without limitation, any information necessary for the public school or private school to appropriately respond to the crisis, emergency or suicide.

Sec. 24. Chapter 412 of NRS is hereby amended by adding thereto a new section to read as follows:

The Chief of the Division of Emergency Management serves at the pleasure of the Adjutant General and maintains the powers and duties set forth in NRS 414.020 to 414.340, inclusive.

Sec. 25. NRS 412.014 is hereby amended to read as follows:

412.014 “Office” means the Office of the Military, including, without limitation, the Nevada Army National Guard , [and] the Nevada Air National Guard [.] and the Division of Emergency Management.

Sec. 26. NRS 412.042 is hereby amended to read as follows:

412.042 1. The military staff of the Governor consists of the Adjutant General [,] and not more than two assistant adjutants general [and personal aides-de-camp to the Governor] selected from the commissioned officers of the [Nevada National Guard or from reserve officers of the] Armed Forces of the United States . [who are residents of Nevada and who are not serving on extended active duty.]

2. [Officers detailed as personal aides-de-camp under this section shall not be relieved from their ordinary duties except when actually on duty with the Governor.

3.] The military staff of the Governor shall perform such ceremonial functions and duties as the Governor may prescribe.

Sec. 27. NRS 412.044 is hereby amended to read as follows:

412.044 1. The Governor shall appoint an Adjutant General who shall [hold office for a 4-year term] serve at the pleasure of the Governor or until relieved by reason of resignation, withdrawal of federal recognition or for cause to be determined by a court-martial. The [current term of an] service of the Adjutant General shall continue [until its prescribed expiration date] while such Adjutant General is serving in a federal active duty status under an order or call by the President of the United States.

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ê2021 Statutes of Nevada, Page 2103 (CHAPTER 352, AB 485)ê

while such Adjutant General is serving in a federal active duty status under an order or call by the President of the United States.

2. To be eligible for appointment to the office of Adjutant General, a person must be an officer of the [Nevada National Guard,] Armed Forces of the United States and federally recognized in the grade of [lieutenant] colonel or higher . [, and must have completed at least 6 years of service in the Nevada National Guard as a federally recognized officer.]

3. The Adjutant General may be appointed in the grade of [lieutenant] colonel or higher, but not exceeding that of major general. If appointed in a lower grade, the Adjutant General may be promoted by the Governor to any grade not exceeding that of major general.

Sec. 28. NRS 412.054 is hereby amended to read as follows:

412.054 1. The Adjutant General may appoint two Assistant Adjutants General, one each from the Nevada Army National Guard and the Nevada Air National Guard, who may serve as Chief of Staff for Army and Chief of Staff for Air, respectively, at the pleasure of the Adjutant General or until relieved by reason of resignation, withdrawal of federal recognition or for cause to be determined by a court-martial.

2. To be eligible for appointment to the office of Assistant Adjutant General, a person must be an officer of the [Nevada National Guard,] Armed Forces of the United States and be federally recognized in the grade of [lieutenant] colonel or higher . [, and must have completed at least 6 years of service in the Nevada National Guard as a federally recognized officer.]

3. An Assistant Adjutant General may be appointed in the grade of [lieutenant] colonel or higher, but not exceeding that of brigadier general. An Assistant Adjutant General may be promoted by the Governor to any grade not exceeding that of brigadier general.

4. The Assistant Adjutants General shall perform such duties as may be assigned by the Adjutant General.

5. Whoever serves as Chief of Staff for Army is in the unclassified service of the State and, except as otherwise provided in NRS 284.143, shall not hold any other city, county, state or federal office of profit.

6. In the event of the absence or inability of the Adjutant General to perform his or her duties, the Adjutant General shall designate by Office regulations:

(a) One of the Assistant Adjutants General to perform the duties of his or her office as Acting Adjutant General.

(b) If neither Assistant Adjutant General is available, any national guard officer to be the Acting Adjutant General.

Ê The designated Assistant Adjutant General or designated officer may continue to receive his or her authorized salary while so serving as Acting Adjutant General, and shall so serve until the Adjutant General is again able to perform the duties of the office, or if the office is vacant, until an Adjutant General is regularly appointed and qualified.

Sec. 29. NRS 412.056 is hereby amended to read as follows:

412.056 1. If the federally recognized Nevada National Guard, or any portion thereof, is called or ordered to active federal duty by the President, and if such call or order includes the Adjutant General and Assistant Adjutants General, the Governor may appoint an Acting Adjutant General who shall assume the responsibilities and powers and perform all duties required of the Adjutant General, and who must be selected from the federally recognized officers not called or ordered to active duty and who meet the qualifications established for the appointment of an Adjutant General .

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ê2021 Statutes of Nevada, Page 2104 (CHAPTER 352, AB 485)ê

meet the qualifications established for the appointment of an Adjutant General . [, or if no such officer is available, then from the following:

(a) Inactive or retired officers of the Nevada National Guard.

(b) Army or Air Force officers who are inactive or have retired and are residents of the State of Nevada.]

2. If, on the occurrence of a vacancy in the office of Adjutant General, there is no qualified and appointed Assistant Adjutant General, the Governor may designate an Acting Adjutant General who shall assume temporarily the responsibilities and powers and perform all duties required of the Adjutant General until such time as an Adjutant General is regularly appointed and qualified. An Acting Adjutant General designated under this provision must have the same qualifications as are required for the appointment of an Adjutant General.

3. The Acting Adjutant General serving under the terms of this section must be compensated as determined by the Governor, but the amount must not exceed that authorized for a regularly appointed Adjutant General.

Sec. 30. NRS 412.064 is hereby amended to read as follows:

412.064 1. The Office of the Military is hereby established. The Office, under the direction of the Governor, shall supervise the military and emergency management affairs of the State.

2. The Office shall adopt, subject to the approval of the Governor, necessary regulations for the organization, government, armament, equipment, training and compensation of the militia of the State in conformity with the provisions of this chapter and the laws of the United States.

3. The Office shall make such changes in the military organization of the Nevada National Guard as are necessary from time to time to conform to the requirements of the laws of the United States and the directives of the National Guard Bureau.

4. The Office shall fix the location of the units and headquarters of the Nevada National Guard, and shall, subject to the approval of the National Guard Bureau, transfer, attach, consolidate or inactivate any organization or unit when in its judgment the efficiency of the present organization will be increased thereby.

5. The Office may establish and continue awards and decorations and approve the design therefor, which must conform to the requirements of the laws of the United States and the directives of the National Guard Bureau.

6. The Division of Emergency Management shall execute, administer and enforce the provisions of chapters 414 and 414A of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapters 414 and 414A of NRS and any other statute.

Sec. 31. NRS 414.0315 is hereby amended to read as follows:

414.0315 “Chief” means the Chief of the Division of Emergency Management of the [Department of Public Safety.] Office of the Military.

Sec. 32. NRS 414.040 is hereby amended to read as follows:

414.040 1. A Division of Emergency Management is hereby created within the [Department of Public Safety.] Office of the Military. The Chief of the Division is appointed by and holds office at the pleasure of the [Director] Adjutant General of the [Department of Public Safety.] Office of the Military. The Division is the State Agency for Emergency Management and the State Agency for Civil Defense for the purposes of the Compact ratified by the Legislature pursuant to NRS 415.010.

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ê2021 Statutes of Nevada, Page 2105 (CHAPTER 352, AB 485)ê

ratified by the Legislature pursuant to NRS 415.010. The Chief is the State’s Director of Emergency Management and the State’s Director of Civil Defense for the purposes of that Compact.

2. The Chief may employ technical, clerical, stenographic and other personnel as may be required, and may make such expenditures therefor and for other expenses of his or her office within the appropriation therefor, or from other money made available to him or her for purposes of emergency management, as may be necessary to carry out the purposes of this chapter.

3. The Chief, subject to the direction and control of the [Director,] Adjutant General, shall carry out the program for emergency management in this State. The Chief shall coordinate the activities of all organizations for emergency management within the State, maintain liaison with and cooperate with agencies and organizations of other states and of the Federal Government for emergency management and carry out such additional duties as may be prescribed by the [Director.] Adjutant General.

4. The Chief shall assist in the development of comprehensive, coordinated plans for emergency management by adopting an integrated process, using the partnership of governmental entities, business and industry, volunteer organizations and other interested persons, for the mitigation of, preparation for, response to and recovery from emergencies or disasters. In adopting this process, the Chief shall:

(a) Except as otherwise provided in NRS 232.3532, develop written plans for the mitigation of, preparation for, response to and recovery from emergencies and disasters. The plans developed by the Chief pursuant to this paragraph must include the information prescribed in NRS 414.041 to 414.044, inclusive.

(b) Conduct activities designed to:

(1) Eliminate or reduce the probability that an emergency will occur or to reduce the effects of unavoidable disasters;

(2) Prepare state and local governmental agencies, private organizations and other persons to be capable of responding appropriately if an emergency or disaster occurs by fostering the adoption of plans for emergency operations, conducting exercises to test those plans, training necessary personnel and acquiring necessary resources;

(3) Test periodically plans for emergency operations to ensure that the activities of state and local governmental agencies, private organizations and other persons are coordinated;

(4) Provide assistance to victims, prevent further injury or damage to persons or property and increase the effectiveness of recovery operations; and

(5) Restore the operation of vital community life-support systems and return persons and property affected by an emergency or disaster to a condition that is comparable to or better than what existed before the emergency or disaster occurred.

5. In addition to any other requirement concerning the program of emergency management in this State, the Chief shall:

(a) Maintain an inventory of any state or local services, equipment, supplies, personnel and other resources related to participation in the Nevada Intrastate Mutual Aid System established pursuant to NRS 414A.100;

(b) Coordinate the provision of resources and equipment within this State in response to requests for mutual aid pursuant to NRS 414.075 or chapter 414A of NRS;

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(c) Coordinate with state agencies, local governments, Indian tribes or nations and special districts to use the personnel and equipment of those state agencies, local governments, Indian tribes or nations and special districts as agents of the State during a response to a request for mutual aid pursuant to NRS 414.075 or 414A.130; and

(d) Provide notice:

(1) On or before February 15 of each year to the governing body of each political subdivision of whether the political subdivision has complied with the requirements of NRS 239C.250;

(2) On or before February 15 of each year to the Chair of the Public Utilities Commission of Nevada of whether each utility that is not a governmental utility and each provider of new electric resources has complied with the requirements of NRS 239C.270;

(3) On or before February 15 of each year to the Governor of whether each governmental utility described in subsection 1 of NRS 239C.050 and each provider of new electric resources has complied with the requirements of NRS 239C.270;

(4) On or before February 15 of each year to the governing body of each governmental utility described in subsection 2 of NRS 239C.050 and each provider of new electric resources of whether each such governmental utility has complied with the requirements of NRS 239C.270;

(5) On or before August 15 of each year to the Superintendent of Public Instruction of whether each board of trustees of a school district, governing body of a charter school or governing body of a private school has complied with the requirements of NRS 388.243 or 394.1687, as applicable; and

(6) On or before November 15 of each year to the Chair of the Nevada Gaming Control Board of whether each resort hotel has complied with the requirements of NRS 463.790.

6. The Division shall:

(a) Perform the duties required pursuant to chapter 415A of NRS;

(b) Perform the duties required pursuant to NRS 353.2753 at the request of a state agency or local government;

(c) Adopt regulations setting forth the manner in which federal funds received by the Division to finance projects related to emergency management and homeland security are allocated, except with respect to any funds committed by specific statute to the regulatory authority of another person or agency, including, without limitation, funds accepted by the State Emergency Response Commission pursuant to NRS 459.740; and

(d) Submit a written report to the Nevada Commission on Homeland Security within 60 days of making a grant of money to a state agency, political subdivision or tribal government to pay for a project or program relating to the prevention of, detection of, mitigation of, preparedness for, response to and recovery from acts of terrorism that includes, without limitation:

(1) The total amount of money that the state agency, political subdivision or tribal government has been approved to receive for the project or program;

(2) A description of the project or program; and

(3) An explanation of how the money may be used by the state agency, political subdivision or tribal government.

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ê2021 Statutes of Nevada, Page 2107 (CHAPTER 352, AB 485)ê

7. The Division shall develop a written guide for the preparation and maintenance of an emergency response plan to assist a person or governmental entity that is required to file a plan pursuant to NRS 239C.250, 239C.270, 388.243, 394.1687 or 463.790. The Division shall review the guide on an annual basis and revise the guide if necessary. On or before January 15 of each year, the Division shall provide the guide to:

(a) Each political subdivision required to adopt a response plan pursuant to NRS 239C.250;

(b) Each utility and each provider of new electric resources required to prepare and maintain an emergency response plan pursuant to NRS 239C.270;

(1) A public school or charter school pursuant to NRS 388.243; or

(2) A private school pursuant to NRS 394.1687; and

(d) Each resort hotel required to adopt an emergency response plan pursuant to NRS 463.790.

Sec. 33. NRS 414.044 is hereby amended to read as follows:

414.044 1. The written plan for recovery from an emergency or disaster required by paragraph (a) of subsection 4 of NRS 414.040 must, without limitation:

(a) Establish an organizational structure that facilitates support by the Division of Emergency Management of the [Department of Public Safety] Office of the Military of any recovery activities conducted by local governments and Indian tribes or nations after an emergency or disaster;

(b) Assign roles and responsibilities to state agencies to support recovery activities;

(c) Identify persons who are employees of federal agencies, state and local governmental agencies, Indian tribes or nations, private organizations or other entities identified by the Division who will serve as liaisons between those agencies, organizations or entities and the Division to coordinate recovery activities; and

(d) Facilitate the stabilization, rebuilding and revitalization of communities impacted by an emergency or disaster.

2. Upon request of a state agency, local government or Indian tribe or nation, the Division shall provide training regarding the plan.

3. On or before December 31 of each year, the Chief shall review and revise the plan as necessary.

Sec. 34. NRS 414.135 is hereby amended to read as follows:

414.135 1. There is hereby created in the State General Fund the Emergency Assistance Account. Beginning with the fiscal year that begins on July 1, 1999, the State Controller shall, at the end of each fiscal year, transfer the interest earned during the previous fiscal year on the money in the Disaster Relief Account created pursuant to NRS 353.2735 to the Emergency Assistance Account in an amount not to exceed $500,000.

2. The Division of Emergency Management of the [Department of Public Safety] Office of the Military shall administer the Emergency Assistance Account. The Division may adopt regulations authorized by this section before, on or after July 1, 1999.

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ê2021 Statutes of Nevada, Page 2108 (CHAPTER 352, AB 485)ê

3. Except as otherwise provided in paragraph (c), all expenditures from the Emergency Assistance Account must be approved in advance by the Division. Except as otherwise provided in subsection 4, all money in the Emergency Assistance Account must be expended:

(a) To provide supplemental emergency assistance to this state or to local governments in this state that are severely and adversely affected by a natural, technological or man-made emergency or disaster for which available resources of this state or the local government are inadequate to provide a satisfactory remedy;

(b) To pay any actual expenses incurred by the Division for administration during a natural, technological or man-made emergency or disaster; and

4. Beginning with the fiscal year that begins on July 1, 1999, if any balance remains in the Emergency Assistance Account at the end of a fiscal year and the balance has not otherwise been committed for expenditure, the Division may, with the approval of the Interim Finance Committee, allocate all or any portion of the remaining balance, not to exceed $250,000, to this state or to a local government to:

(a) Purchase equipment or supplies required for emergency management;

(b) Provide training to personnel related to emergency management; and

5. Beginning with the fiscal year that begins on July 1, 1999, the Division shall, at the end of each quarter of a fiscal year, submit to the Interim Finance Committee a report of the expenditures made from the Emergency Assistance Account for the previous quarter.

6. The Division shall adopt such regulations as are necessary to administer the Emergency Assistance Account.

7. The Division may adopt regulations to provide for reimbursement of expenditures made from the Emergency Assistance Account. If the Division requires such reimbursement, the Attorney General shall take such action as is necessary to recover the amount of any unpaid reimbursement plus interest at a rate determined pursuant to NRS 17.130, computed from the date on which the money was removed from the Disaster Relief Account, upon request by the Division.

Sec. 35. NRS 414.165 is hereby amended to read as follows:

414.165 1. The Nevada Tribal Emergency Coordinating Council, consisting of not more than 27 members appointed by the Chief, is hereby created within the Division of Emergency Management of the [Department of Public Safety.] Office of the Military. The Chief shall appoint each member from a different federally recognized Indian tribe or nation, all or part of which is located within the boundaries of this State. A member of the Council may not represent more than one federally recognized Indian tribe or nation.

2. The term of office of each member of the Council is 2 years.

3. The Council shall meet at the call of the Chief and at least once every 3 months.

4. The Division of Emergency Management shall provide the Council with administrative support.

5. The Council shall:

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ê2021 Statutes of Nevada, Page 2109 (CHAPTER 352, AB 485)ê

(a) Advise the Chief regarding emergency management on tribal lands;

(b) Assist in the coordination of mitigation, preparedness, response and recovery activities related to an emergency on tribal lands; and

(1) A summary of the activities of the Council during the immediately preceding calendar year; and

(2) Recommendations relating to emergency management on tribal lands.

6. The Attorney General shall enter into any agreements necessary to carry out the provisions of this section.

Sec. 36. NRS 414.200 is hereby amended to read as follows:

414.200 The Chief, with the advice of the Board, shall appoint an employee of the Division of Emergency Management of the [Department of Public Safety] Office of the Military as Coordinator of Search and Rescue.

Sec. 37. NRS 414.270 is hereby amended to read as follows:

414.270 1. A State Disaster Identification Coordination Committee is hereby established within the Division of Emergency Management of the [Department of Public Safety.] Office of the Military. The Chief shall appoint to the State Disaster Identification Coordination Committee:

(a) One or more representatives of a state or local organization for emergency management;

(b) One or more representatives of the office of a county coroner;

(d) One or more representatives of the Nevada Hospital Association or its successor organization;

(e) One or more representatives of a state or local public health agency whose duties relate to emergency preparedness;

(f) The Chief Medical Officer;

(g) An employee of the Department of Health and Human Services whose duties relate to ensuring compliance with the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, and any applicable regulations; and

(h) A consumer of healthcare services.

2. The State Disaster Identification Coordination Committee shall meet at least once each calendar quarter.

3. The provisions of chapter 241 of NRS do not apply to any meeting held by the State Disaster Identification Coordination Committee or a subcommittee thereof.

Sec. 38. NRS 414.300 is hereby amended to read as follows:

414.300 The [Department of Public Safety] Office of the Military shall adopt such regulations as are necessary to govern the State Disaster Identification Coordination Committee.

Sec. 39. NRS 414.310 is hereby amended to read as follows:

414.310 Broadcasters in this State shall, in cooperation with the Division of Emergency Management of the [Department of Public Safety] Office of the Military and the Nevada Broadcasters Association or its successor organization, develop comprehensive, coordinated plans for preparing for and responding appropriately to an emergency or disaster.

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ê2021 Statutes of Nevada, Page 2110 (CHAPTER 352, AB 485)ê

Sec. 40. NRS 414A.025 is hereby amended to read as follows:

414A.025 “Division” means the Division of Emergency Management of the [Department of Public Safety.] Office of the Military.

Sec. 41. NRS 414A.100 is hereby amended to read as follows:

414A.100 1. The Nevada Intrastate Mutual Aid System is hereby established within the Division.

2. The Chief of the Division, subject to the direction and control of the [Director] Adjutant General of the [Department of Public Safety,] Office of the Military, shall administer the System pursuant to the provisions of this chapter and shall:

(a) Coordinate the provision of mutual aid during the response to and recovery from an emergency or disaster;

(b) Maintain records of the requests for and provision of mutual aid throughout this State;

(c) Identify, maintain an inventory of and coordinate participant personnel and equipment available for intrastate mutual aid response;

(d) Provide information and assistance, upon request, to participants concerning reimbursement for services and other guidelines and procedures developed by the Intrastate Mutual Aid Committee pursuant to subsection 4 of NRS 414A.110; and

(e) Adopt regulations relating to the administration of the System.

Sec. 42. NRS 415A.040 is hereby amended to read as follows:

415A.040 “Division” means the Division of Emergency Management of the [Department of Public Safety.] Office of the Military.

Sec. 43. NRS 459.742 is hereby amended to read as follows:

459.742 The Commission, in carrying out its duties and within the limits of legislative appropriations and other available money, may:

1. Enter into contracts, leases or other agreements or transactions;

2. Provide grants of money to local emergency planning committees to improve their ability to respond to emergencies involving hazardous materials;

3. Assist with the development of comprehensive plans for responding to such emergencies in this State;

4. Provide technical assistance and administrative support to the Telecommunications Group of the Communication and Computing Unit of the Division of Enterprise Information Technology Services of the Department of Administration for the development of systems for communication during such emergencies;

5. Provide technical and administrative support and assistance for training programs;

6. Develop a system to provide public access to data relating to hazardous materials;

7. Support any activity or program eligible to receive money from the Contingency Account for Hazardous Materials;

8. [Adopt regulations setting forth the manner in which the Division of Emergency Management of the Department shall:

(a) Allocate money received by the Division which relates to hazardous materials or is received pursuant to 42 U.S.C. §§ 11001 et seq. or 49 U.S.C. §§ 5101 et seq.; and

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ê2021 Statutes of Nevada, Page 2111 (CHAPTER 352, AB 485)ê

(b)] Approve programs developed to address planning for and responding to emergencies involving hazardous materials; and

9. Coordinate the activities administered by state agencies to carry out the provisions of this chapter, 42 U.S.C. §§ 11001 et seq. and 49 U.S.C. §§ 5101 et seq.

Sec. 44. NRS 459.796 is hereby amended to read as follows:

459.796 A person is entitled to immunity under subsection 2 of NRS 459.792 only if:

1. In the case of one furnishing advice or assistance, the person is qualified by training, education or experience in the handling of hazardous materials and provides advice or assistance within the area of his or her qualifications; and

2. The person was requested to provide the equipment, advice or other assistance by:

(a) The person responsible for the discharge;

(b) The Division of Emergency Management of the [Department of Public Safety;] Office of the Military;

(d) The Division of Environmental Protection of the State Department of Conservation and Natural Resources;

(e) The Nevada Highway Patrol Division of the Department of Public Safety;

(f) The State Fire Marshal Division of the Department of Public Safety;

(g) The State Emergency Response Commission or a local emergency planning committee appointed by the Commission;

(h) A local fire department; or

(i) A local agency for law enforcement.

Sec. 45. NRS 463.790 is hereby amended to read as follows:

463.790 1. Each resort hotel shall adopt and maintain an emergency response plan. Each new or revised plan must be filed within 3 days after adoption or revision with each local fire department and local law enforcement agency whose jurisdiction includes the area in which the resort hotel is located and with the Division of Emergency Management of the [Department of Public Safety.] Office of the Military.

2. The emergency response plan required by subsection 1 must include:

(a) A drawing or map of the layout of all areas within the building or buildings and grounds that constitute a part of the resort hotel and its support systems and a brief description of the purpose or use for each area;

(b) A drawing or description of the internal and external access routes;

(d) The location of any unusually hazardous substances;

(e) The name and telephone number of:

(1) The emergency response coordinator for the resort hotel; and

(2) The person responsible for ensuring that the resort hotel is in compliance with this section;

(f) The location of one or more site emergency response command posts;

(g) A description of any special equipment needed to respond to an emergency at the resort hotel;

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ê2021 Statutes of Nevada, Page 2112 (CHAPTER 352, AB 485)ê

(h) An evacuation plan;

(i) A description of any public health or safety hazards present on the site; and

(j) Any other information requested by a local fire department or local law enforcement agency whose jurisdiction includes the area in which the resort hotel is located or by the Division of Emergency Management.

3. Each resort hotel shall review its emergency response plan at least once each year and, as soon as practicable after the review is completed but not later than November 1 of each year, file with each local fire department and local law enforcement agency whose jurisdiction includes the area in which the resort hotel is located and with the Division of Emergency Management:

(a) Any revised emergency response plan resulting from the review; or

(b) A written certification that the most recent emergency response plan filed pursuant to this subsection or subsection 1 is the current emergency response plan for the resort hotel.

4. A plan filed pursuant to the requirements of this section, including any revisions adopted thereto, is confidential and must be securely maintained by the department, agency and Division with whom it is filed. An officer, employee or other person to whom the plan is entrusted by the department, agency or Division shall not disclose the contents of such a plan except:

(a) Upon the lawful order of a court of competent jurisdiction; or

(b) As is reasonably necessary in the case of an emergency involving public health or safety.

5. If the Board maintains a list of resort hotels, the Board shall provide a copy of the list to the Division of Emergency Management, upon request, for purposes of this section.

6. As used in this section, the term “local law enforcement agency” means:

(a) The sheriff’s office of a county;

(b) A metropolitan police department; or

Sec. 46. NRS 480.110 is hereby amended to read as follows:

480.110 Except as otherwise provided therein, the Department shall execute, administer and enforce, and perform the functions and duties provided in:

1. Chapters 176A and 213 of NRS relating to parole and probation;

2. [Chapter 414 of NRS relating to emergency management;

3. Chapter 414A of NRS;

4.] Chapter 453 of NRS relating to controlled substances and chapter 454 of NRS relating to dangerous drugs;

[5.] 3. Chapter 459 of NRS relating to the transportation of hazardous materials;

[6.] 4. Chapter 477 of NRS relating to the State Fire Marshal; and

[7.] 5. NRS 486.363 to 486.375, inclusive, relating to the education and safety of motorcycle riders.

Sec. 47. NRS 480.130 is hereby amended to read as follows:

480.130 The Department consists of:

1. An Investigation Division;

2. A Nevada Highway Patrol Division;

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ê2021 Statutes of Nevada, Page 2113 (CHAPTER 352, AB 485)ê

3. [A Division of Emergency Management;

4.] A State Fire Marshal Division;

[5.] 4. A Division of Parole and Probation;

[6.] 5. A Capitol Police Division;

[7.] 6. A Nevada Office of Cyber Defense Coordination;

[8.] 7. A Training Division; and

[9.] 8. A Records, Communications and Compliance Division.

Sec. 48. NRS 480.140 is hereby amended to read as follows:

480.140 The primary functions and responsibilities of the divisions of the Department are as follows:

1. The Investigation Division shall:

(a) Execute, administer and enforce the provisions of chapter 453 of NRS relating to controlled substances and chapter 454 of NRS relating to dangerous drugs;

(b) Assist the Secretary of State in carrying out an investigation pursuant to NRS 293.124; and

(c) Perform such duties and exercise such powers as may be conferred upon it pursuant to this chapter and any other specific statute.

2. The Nevada Highway Patrol Division shall, in conjunction with the Department of Motor Vehicles, execute, administer and enforce the provisions of chapters 484A to 484E, inclusive, of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to NRS 480.360 and any other specific statute.

3. [The Division of Emergency Management shall execute, administer and enforce the provisions of chapters 414 and 414A of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapters 414 and 414A of NRS and any other specific statute.

4.] The State Fire Marshal Division shall execute, administer and enforce the provisions of chapter 477 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 477 of NRS and any other specific statute.

[5.] 4. The Division of Parole and Probation shall execute, administer and enforce the provisions of chapters 176A and 213 of NRS relating to parole and probation and perform such duties and exercise such powers as may be conferred upon it pursuant to those chapters and any other specific statute.

[6.] 5. The Capitol Police Division shall assist in the enforcement of subsection 1 of NRS 331.140.

[7.] 6. The Nevada Office of Cyber Defense Coordination shall:

(a) Serve as the strategic planning, facilitating and coordinating office for cybersecurity policy and planning in this State; and

(b) Execute, administer and enforce the provisions of NRS 480.900 to 480.950, inclusive, and perform such duties and exercise such powers as may be conferred upon it pursuant to NRS 480.900 to 480.950, inclusive, and any other specific statute.

[8.] 7. The Training Division shall provide training to the employees of the Department.

[9.] 8. The Records, Communications and Compliance Division shall:

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ê2021 Statutes of Nevada, Page 2114 (CHAPTER 352, AB 485)ê

(a) Execute, administer and enforce the provisions of chapter 179A of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 179A of NRS and any other specific statute;

(b) Provide dispatch services for the Department and other agencies as determined by the Director;

(d) Provide support services to the Director, the divisions of the Department and the Nevada Criminal Justice Information System as may be imposed by the Director.

Sec. 49. NRS 480.170 is hereby amended to read as follows:

480.170 Money collected or received by [:

1. The Division of Emergency Management pursuant to chapter 414 of NRS; or

2. The] the State Fire Marshal Division pursuant to chapter 477 of NRS [,

Ê] must be deposited with the State Treasurer for credit to the appropriate accounts of the respective divisions.

Sec. 50. NRS 480.425 is hereby amended to read as follows:

480.425 “Public safety agency” means:

1. A public fire department, fire protection district or other agency of this State or a political subdivision of this State, the primary functions of which are to control, extinguish and suppress fires;

2. A law enforcement agency as defined in NRS 277.035;

3. An emergency medical service;

4. The Division of Emergency Management of the [Department;] Office of the Military; or

5. A local organization for emergency management, as defined in NRS 414.036.

Sec. 51. NRS 480.540 is hereby amended to read as follows:

480.540 1. The Nevada Threat Analysis Center Advisory Committee is hereby created within the Investigation Division. Except as otherwise provided in subsection 2, the Advisory Committee consists of 2 ex officio nonvoting members pursuant to subsection 2 and not more than 15 voting members, which must include, without limitation:

(a) The Chief of the Investigation Division;

(b) The Chief of the Nevada Highway Patrol of the Department;

(c) The Chief of the Division of Emergency Management of the [Department] Office of the Military or another person designated by the [Director] Adjutant General of the [Department] Office of the Military who has experience relating to homeland security;

(d) Three members appointed by the Nevada Sheriffs’ and Chiefs’ Association or its legal successor who are representatives of the Association or its legal successor;

(e) One member appointed by the Director of the Department who is a representative of the Nevada Fire Chiefs’ Association or its legal successor;

(f) One member appointed by the Director of the Department who is employed as a police officer by an Indian tribe;

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ê2021 Statutes of Nevada, Page 2115 (CHAPTER 352, AB 485)ê

(g) One member appointed by the sheriff of each county in which a metropolitan police department has been established who is a representative of the metropolitan police department; and

(h) Any other members appointed by the Director of the Department based on their experience or knowledge.

2. Except as otherwise provided in this subsection, the following persons are ex officio nonvoting members of the Advisory Committee:

(a) The Director of the Nevada Threat Analysis Center created by NRS 480.530.

(b) The Director of the Department or his or her designee except, in the case of a tie vote on any question, the Director or his or her designee shall cast the deciding vote.

3. The Director of the Department or his or her designee shall:

(a) Serve as the Chair of the Committee; and

(b) Select from the members a Vice Chair.

4. Appointed members of the Advisory Committee serve at the pleasure of the appointing authority.

5. The Advisory Committee shall meet at least twice annually at the call of the Chair and in conformance with NRS 480.545.

6. Members of the Advisory Committee serve without compensation and are not entitled to receive a per diem allowance or travel expenses.

7. The Advisory Committee shall advise the Nevada Threat Analysis Center created by NRS 480.530 on best practices for the collection, maintenance, analysis and dissemination of criminal intelligence information.

Sec. 52. NRS 480.926 is hereby amended to read as follows:

480.926 The Office shall:

1. Establish partnerships with:

(a) Local governments;

(b) The Nevada System of Higher Education; and

Ê to encourage the development of strategies to prepare for and mitigate risks to, and otherwise protect, the security of information systems that are operated or maintained by a public or private entity in this State.

2. Establish partnerships to assist and receive assistance from local governments and appropriate agencies of the Federal Government regarding the development of strategies to prepare for and mitigate risks to, and otherwise protect, the security of information systems.

3. Consult with the Division of Emergency Management of the [Department] Office of the Military and the Division of Enterprise Information Technology Services of the Department of Administration regarding the development of strategies to prepare for and mitigate risks to, and otherwise protect, the security of information systems.

4. Coordinate with the Investigation Division of the Department regarding gathering intelligence on and initiating investigations of cyber threats and incidents.

Sec. 53. NRS 616A.140 is hereby amended to read as follows:

616A.140 A member of the Nevada Wing of the Civil Air Patrol who participates:

1. In a mission; or

2. In training,

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ê2021 Statutes of Nevada, Page 2116 (CHAPTER 352, AB 485)ê

Ê which has been authorized by the Division of Emergency Management of the [Department of Public Safety] Office of the Military shall be deemed for the purposes of chapters 616A to 616D, inclusive, of NRS to be an employee of the Division of Emergency Management at the wage of $600 per month and, in the event of injury during such a mission or training, is entitled to the benefits of those chapters.

Sec. 54. 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.

Sec. 55. 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. 56. This act becomes effective on July 1, 2021.

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ê2021 Statutes of Nevada, Page 2117ê

CHAPTER 353, AB 156

Assembly Bill No. 156–Assemblymen Titus, Roberts, Ellison; McArthur, Thomas, Tolles and Wheeler

CHAPTER 353

[Approved: June 4, 2021]

AN ACT relating to the Nevada National Guard; authorizing the Board of Regents of the University of Nevada to waive certain fees for a spouse or child of a member of the active Nevada National Guard who has reenlisted under certain circumstances; requiring the Adjutant General to perform certain duties relating to waivers granted, assigned or reassigned to members and eligible persons; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law authorizes the Board of Regents of the University of Nevada to waive registration fees and laboratory fees for active members of the Nevada National Guard who attend a school within the Nevada System of Higher Education as a full-time or part-time student. (NRS 396.544) This bill authorizes a member of the active Nevada National Guard who has reenlisted to: (1) assign the waiver to his or her spouse or child in lieu of using the waiver himself or herself during that period of reenlistment; and (2) reassign a waiver if the spouse or child to whom the waiver was assigned does not use the waiver to attend a school within the System as a full-time or part-time student. This bill authorizes a member of the active Nevada National Guard to assign or reassign a waiver upon reenlistment, regardless of whether the member used a waiver to attend a school within the System before he or she reenlisted. This bill also provides that a waiver that has been assigned or reassigned may only be used: (1) by one eligible person for each period of reenlistment of a member; and (2) for credits applicable toward the course work required for the award of an associate’s degree, baccalaureate degree or certificate.

Existing law requires a member to whom a waiver is granted to maintain a certain grade point average. (NRS 396.544) This bill imposes the same requirement on a person to whom a waiver is assigned or reassigned.

Existing law requires the Adjutant General, who is the Commander of the Nevada National Guard and the Director of the Office of the Military, to verify the membership of a person who is seeking or has been granted a waiver upon request of the Board of Regents. (NRS 412.048, 396.544) This bill requires the Adjutant General to: (1) maintain a record of any waiver that has been granted, assigned or reassigned and the person to whom the waiver was assigned or reassigned; and (2) before the beginning of each semester, certify in writing to the Board of Regents that a waiver has been properly assigned or reassigned to the person seeking to use the waiver to attend a school within the System.

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 396.544 is hereby amended to read as follows:

396.544 1. The Board of Regents of the University of Nevada may grant a waiver of registration fees and laboratory fees for any member of the active Nevada National Guard, including, without limitation, a recruit, who attends a school within the System as a full-time or part-time student.

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ê2021 Statutes of Nevada, Page 2118 (CHAPTER 353, AB 156)ê

2. A member of the active Nevada National Guard who has reenlisted may, in lieu of using the waiver himself or herself and regardless of whether the member was granted a waiver pursuant to this section before reenlistment:

(a) Assign such a waiver to his or her spouse or child for credits applicable toward the course work required for the award to the spouse or child of an associate’s degree, baccalaureate degree or certificate at any school within the System.

(b) Reassign such a waiver to his or her spouse or child, as applicable, if the person to whom the waiver was assigned pursuant to paragraph (a) does not use the waiver to attend a school within the System as a full-time or part-time student.

Ê For each period of reenlistment of a member, the benefit provided pursuant to this subsection may only be used by one eligible person.

3. For the purpose of assessing fees and charges against a person to whom a waiver is granted , assigned or reassigned pursuant to [this] subsection [,] 1 or 2, including, without limitation, tuition charges pursuant to NRS 396.540, such a person shall be deemed to be a bona fide resident of this State.

[2. To be eligible for a waiver pursuant to subsection 1, a]

4. A person must [:

(a) Be] be a member in good standing of the active Nevada National Guard, including, without limitation, a recruit, at the beginning of and throughout the entire semester for which the waiver is granted . [; and

(b) Maintain]

5. A person to whom a waiver is granted, assigned or reassigned pursuant to subsection 1 or 2 must maintain at least a 2.0 grade point average, on a 4.0 grading scale, each semester [,] for which the waiver is granted, assigned or reassigned, or the equivalent of a 2.0 grade point average if a different grading scale is used.

[3.] 6. The Board of Regents may request the Adjutant General to verify the membership in the active Nevada National Guard of a person who is seeking or has been granted a waiver of registration fees and laboratory fees pursuant to subsection 1.

7. The Adjutant General shall [, upon] :

(a) Upon receiving [such] a request [,] from the Board of Regents pursuant to subsection 6, notify the Board of Regents in writing concerning the status and dates of membership of [that person in the active Nevada National Guard.

4.] a person who is seeking or has been granted a waiver of registration fees and laboratory fees pursuant to subsection 1.

(b) Maintain a record of any waiver that has been granted, assigned or reassigned pursuant to subsection 1 or 2 and the person to whom the waiver was assigned or reassigned.

(c) Before the beginning of each semester, certify in writing to the Board of Regents that a waiver has been properly assigned or reassigned to the person seeking to use the waiver to attend a school within the System.

8. If a waiver is granted pursuant to subsection 1 for a recruit and the recruit does not enter full-time National Guard duty within 1 year after enlisting, the recruit shall reimburse the Board of Regents for all registration fees and laboratory fees waived on behalf of the recruit if the recruit’s failure to enter full-time National Guard duty is attributable to his or her own conduct.

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ê2021 Statutes of Nevada, Page 2119 (CHAPTER 353, AB 156)ê

fees and laboratory fees waived on behalf of the recruit if the recruit’s failure to enter full-time National Guard duty is attributable to his or her own conduct.

[5.] 9. As used in this section:

(a) “Full-time National Guard duty” has the meaning ascribed to it in 32 U.S.C. § 101(19).

(b) “Recruit” means a person who has enlisted in the Nevada National Guard but has not begun his or her required military duty.

Sec. 2. This act becomes effective on July 1, 2021.

________

CHAPTER 354, AB 486

Assembly Bill No. 486–Committee on Ways and Means

CHAPTER 354

[Approved: June 4, 2021]

AN ACT relating to property; defining certain terms; temporarily authorizing tenants subject to designated eviction proceedings to assert certain affirmative defenses relating to rental assistance and establishing procedures relating thereto; temporarily establishing procedures relating to claims for wrongful eviction; temporarily requiring a court to stay designated eviction proceedings in order to facilitate alternative dispute resolution; temporarily requiring notices for designated eviction proceedings to contain certain information; establishing temporary procedures relating to the provision of rental assistance to certain landlords of single family residences with at least one tenant who has defaulted in the payment of rent; requiring the disbursement of certain federal money in certain circumstances relating to rental assistance; providing a civil penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law establishes provisions which govern landlords and tenants of dwelling units and manufactured homes. (Chapters 118A and 118B of NRS) Existing law establishes provisions relating to summary proceedings for the eviction of such tenants. (NRS 40.215-40.425) Section 1.5 of this bill defines certain terms for purposes of this bill, including the term “designated eviction proceeding,” which refers to certain proceedings relating to the eviction of tenants who have defaulted in the payment of rent. Section 1 of this bill provides that the provisions of this bill do not apply to proceedings for evictions relating to: (1) commercial provisions of this premises; or (2) the sale of a premises or a nuisance.

Section 2 of this bill authorizes a tenant to claim as an affirmative defense to a designated eviction proceeding that: (1) the tenant has a pending application for rental assistance; or (2) the landlord of the tenant refused to participate in the application for rental assistance or accept rental assistance provided on behalf of the tenant.

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ê2021 Statutes of Nevada, Page 2120 (CHAPTER 354, AB 486)ê

Section 2 requires the court to stay the proceedings upon the assertion of such an affirmative defense unless the landlord receives an exemption. Section 2 also authorizes the landlord to file a motion to rebut the affirmative defense. If such a motion is filed by a landlord, section 2 authorizes the court to: (1) refer the designated eviction proceedings to mediation; (2) hold a hearing; or (3) maintain the stay of the proceedings.

If the claim relates to a pending application for rental assistance, section 2 requires the court to stay the proceedings until such time as a determination is made on the application for rental assistance. Moreover, if the court stays such proceedings, section 2 requires the court to dismiss the proceedings for eviction upon the granting of the application for rental assistance and receipt of the rental assistance by the landlord.

If a tenant proves the claim that the landlord refused to participate in the application for rental assistance or accept rental assistance on behalf of the tenant, section 2: (1) requires the court to deny the designated eviction proceeding; and (2) authorizes the court to award damages to the tenant. Additionally, in determining the award of such damages, section 2 requires the court to consider the degree of harm caused to the tenant by the refusal of the landlord to participate in the application for rental assistance or accept the rental assistance.

Section 3 of this bill provides that if a landlord accepted rental assistance on behalf of a tenant who has defaulted in the payment of rent and the landlord pursued, continued to pursue or evicted the tenant for any reason that existed or arose during the period of default for which the rental assistance was received by the landlord, the tenant or the governmental entity who administered the rental assistance may file a claim of wrongful eviction against the landlord. Section 3 also authorizes a court to: (1) impose certain civil penalties on a landlord who is found to have wrongfully evicted a tenant; and (2) require the landlord to pay costs and attorney’s fees of the plaintiff.

Section 3.5 of this bill establishes similar provisions which provide that if a governmental entity brings any other cause of action relating to a landlord who accepted rental assistance on behalf of a tenant who has defaulted in the payment of rent and the landlord pursued, continued to pursue or evicted a tenant for any reason that existed or arose during the period of default for which the rental assistance was received by the landlord, the governmental entity may be entitled to damages in an amount not to exceed the amount of rental assistance obtained by the landlord and is entitled to costs and attorney’s fees.

Existing law authorizes a court to stay proceedings for eviction against a tenant of any dwelling unit, apartment, mobile home, recreational vehicle or part of a low-rent housing program operated by a public housing authority for a period of not more than 30 days to facilitate a program of alternative dispute resolution under certain circumstances. (NRS 40.2544) Section 8.5 of this bill repeals those provisions and instead section 4 of this bill establishes similar provisions with expanded applicability to designated eviction proceedings.

Existing law requires a landlord to provide notice of proceedings for evictions to tenants. (NRS 40.215-40.425) In addition to the existing requirements, section 5 of this bill requires the notice of a designated eviction proceeding to include information relating to rental assistance and the provisions of sections 2, 3 and 4.

Section 6 of this bill requires: (1) Home Means Nevada, Inc., or its successor organization, to create an electronic form which may be completed by a landlord who wishes to obtain rental assistance on behalf of a tenant who has defaulted in the payment of rent; and (2) the form to collect certain information relating to such landlords and tenants. Upon submission of the form by the landlord, section 6 requires Home Means Nevada, Inc., or its successor organization, to determine whether the landlord is an eligible landlord, meaning that the landlord: (1) owns a single family residence; (2) is seeking rental assistance for least one dwelling unit in the single family residence; (3) is domiciled in this State or employs a property manager in this State; and (4) has an annual gross revenue from the rental of all premises in this State of less than $4,000,000. If Home Means Nevada, Inc., or its successor organization,

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ê2021 Statutes of Nevada, Page 2121 (CHAPTER 354, AB 486)ê

successor organization, determines that the landlord is an eligible landlord, section 6 requires Home Means Nevada, Inc., or its successor organization, to forward relevant information relating to the landlord and tenant to an appropriate housing or social service agency. Section 6 then requires the housing or social service agency to attempt to contact the tenant to provide information relating to a program for rental assistance. If the tenant is unresponsive or fails to apply to the program for rental assistance, section 6 requires the housing or social service agency to inform the eligible landlord of that fact and authorizes the eligible landlord to receive rental assistance, without the application of the tenant, if the eligible landlord agrees to certain conditions.

Section 7 of this bill requires the disbursement of certain federal money in the amount of $5,000,000 for the purpose of providing rental assistance directly to landlords.

Section 9 of this bill expires the provisions of sections 1-3.5, 5 and 6 on June 5, 2023. Section 9 expires the provisions of section 4 on the earlier of: (1) the date that the Nevada Supreme Court determines that there are insufficient funds for the programs of alternative dispute resolution; or (2) June 5, 2023.

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. Sections 1.5 to 6, inclusive, of this act do not apply to any proceeding for eviction relating to:

1. A commercial premises; or

2. An unlawful detainer pursuant to subsection 4 of NRS 40.2514 or NRS 40.255.

Sec. 1.5. As used in sections 1.5 to 6, inclusive, of this act, unless the context otherwise requires:

1. “Designated eviction proceeding” means:

(a) A proceeding for summary eviction pursuant to NRS 40.253;

(b) A proceeding for summary eviction pursuant to NRS 40.254 where the tenant has defaulted in the payment of rent;

(d) A proceeding for eviction relating to paragraph (a) of subsection 1 of NRS 118B.200.

2. “Landlord” means a landlord governed by chapter 118A or 118B of NRS.

3. “Rent” means all periodic payments to be made by a tenant to a landlord for occupancy of a premises.

4. “Rental assistance” includes, without limitation, federal, state or local funds:

(a) Provided by a governmental entity; and

(b) Administered for the purpose of paying any amount of delinquent rent.

5. “Tenant” means a tenant governed by chapter 118A or 118B of NRS.

Sec. 2. Notwithstanding any other provision of law:

1. In any designated eviction proceeding, the tenant may, at any point in the proceeding, claim as an affirmative defense that:

(a) The tenant has a pending application for rental assistance; or

(b) The landlord has refused to:

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ê2021 Statutes of Nevada, Page 2122 (CHAPTER 354, AB 486)ê

(1) Participate in the application process for rental assistance; or

(2) Accept rental assistance on behalf of the tenant.

2. If an affirmative defense described in subsection 1 is asserted by the tenant:

(a) Except as otherwise provided in subsection 6, the court shall stay the designated eviction proceeding until the applicable time described in subsection 4; and

(b) The landlord may file a motion to rebut the affirmative defense asserted by the tenant.

3. If a landlord files the motion described in subsection 2, the court may:

(a) Refer the designated eviction proceeding to mediation;

(b) Schedule a hearing on the motion; or

4. The stay of the designated eviction proceeding must be maintained by the court:

(a) Until the designated eviction proceeding is referred to mediation, if applicable;

(b) If the affirmative defense asserted was that described in paragraph (a) of subsection 1, until such time as a determination is made on the pending application for rental assistance, and if the application for rental assistance is granted, the court must dismiss the designated eviction proceeding at the time that the rental assistance is received by the landlord; or

(c) If the affirmative defense asserted was that described in paragraph (b) of subsection 1, until such time as the tenant proves the validity of the claim, in which case the court:

(1) Must deny the eviction; and

(2) May award damages to the tenant.

5. In determining the amount of damages to award to a tenant pursuant to subsection 4, the court shall consider the degree of harm caused to the tenant by the refusal of the landlord to:

(a) Participate in the application process for rental assistance; or

(b) Accept rental assistance on behalf of the tenant.

6. The court may grant a landlord an exemption from the requirement to stay a designated eviction proceeding pursuant to this section if:

(a) The landlord:

(1) Provides written notice to the tenant of the exemption sought at the same time that notice relating to the designated eviction proceeding is served upon the tenant pursuant to NRS 40.280; and

(2) Files a motion with the court for an exemption from the requirement to stay the designated eviction proceeding; and

(b) The court finds:

(1) That there is a pending designated eviction proceeding; and

(2) Evidence that the landlord faces a realistic threat of the foreclosure of the premises if the landlord is not able to evict the tenant.

7. As used in this section, “pending application for rental assistance” means an application for rental assistance submitted in good faith by a tenant. The term includes, without limitation, an application which is inactive due to any technical difficulty on the part of the tenant in the filing of the application for rental assistance.

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ê2021 Statutes of Nevada, Page 2123 (CHAPTER 354, AB 486)ê

application for rental assistance. The term does not include an application for rental assistance that was started by the tenant but is not being actively pursued by the tenant.

Sec. 3. Notwithstanding any other provision of law:

1. If a tenant has defaulted in the payment of rent and the landlord pursues, continues to pursue or otherwise evicts the tenant for any reason that existed or arose during the period of default for which the landlord received rental assistance on behalf of the tenant, the tenant or the governmental entity administering the program for the rental assistance may file a claim of wrongful eviction against the landlord.

2. The claim of wrongful eviction must be filed with the court with jurisdiction over the underlying designated proceeding for eviction.

3. If the court finds that the landlord accepted rental assistance on behalf of the tenant and pursued, continued to pursue or otherwise evicted the tenant for any reason that existed or arose during the period of default for which the landlord received rental assistance on behalf of the tenant:

(a) The court may:

(1) Impose a civil penalty:

(I) If the claim was filed by the governmental entity administering the program for rental assistance, in an amount equal to the amount of rental assistance obtained by the landlord; or

(II) If the claim was filed by the tenant, in an amount equal to 25 percent of the amount described in sub-subparagraph (I); and

(2) Order the landlord to pay costs and attorney’s fees of the tenant or governmental entity, as applicable.

(b) The landlord may not file any claim against the tenant for any delinquent amount of rent paid with the rental assistance.

Sec. 3.5. Notwithstanding any other provision of law, and in addition to the remedy described in section 3 of this act, if a governmental entity administering a program for rental assistance brings a cause of action relating to a landlord who accepted rental assistance on behalf of a tenant and pursued, continued to pursue or otherwise evicted a tenant for any reason that existed or arose during the period of default for which the landlord received rental assistance on behalf of the tenant:

1. Any damages awarded to the governmental entity must not exceed an amount equal to the amount of rental assistance obtained by the landlord; and

2. The governmental entity is entitled to costs and attorney’s fees.

Sec. 4. Any designated eviction proceeding must be stayed for not more than 30 days to facilitate a program of alternative dispute resolution established by rule by the Supreme Court or a district court or justice court.

Sec. 5. In addition to any requirement for a notice of any designated eviction proceeding, each notice must contain information relating to:

1. The availability of rental assistance; and

2. The procedures described in sections 2, 3 and 4 of this act.

Sec. 6. 1. Home Means Nevada, Inc., or its successor organization, shall create an electronic form which may be completed by a landlord who seeks to secure rental assistance for a tenant who has defaulted in the payment of rent.

2. The form described in subsection 1 must include, without limitation:

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ê2021 Statutes of Nevada, Page 2124 (CHAPTER 354, AB 486)ê

(a) Verification that the tenant:

(1) Has defaulted in the payment of rent; and

(2) Has not enrolled in a program for rental assistance or has not otherwise been responsive to any communication of the landlord relating to a program for rental assistance;

(b) A description of the premises affected by the defaulting tenant, including, without limitation, the total number of dwelling units on the premises;

(1) The domicile of the landlord;

(2) Whether the landlord employs a property manager for a premises in this State; and

(3) Whether the annual gross revenue obtained from all premises rented by the landlord in this State totals $4,000,000 or more; and

(d) The contact information of the landlord and tenant.

3. Upon the submission of the electronic form described in subsection 1, Home Means Nevada, Inc., or its successor organization, shall determine whether the landlord is an eligible landlord.

4. If Home Means Nevada, Inc., or its successor organization, determines that the landlord is an eligible landlord, Home Means Nevada, Inc., or its successor organization, shall forward any relevant information relating to the defaulting tenant and the landlord to an appropriate housing or social service agency.

5. Upon the receipt of the information forwarded by Home Means Nevada, Inc., or its successor organization, pursuant to subsection 4, the housing or social service agency shall attempt to contact the tenant who defaulted in the payment of rent in order to relay any relevant information relating to programs for rental assistance.

6. Any action described in subsection 3, 4 or 5 must be taken within 60 days after the receipt of the form described in subsection 1 by Home Means Nevada, Inc., or its successor organization.

7. Except as otherwise provided by federal law, if the defaulting tenant does not respond to the housing or social service agency or otherwise does not apply for rental assistance within the time prescribed by subsection 6, the housing or social service agency shall inform the eligible landlord of that fact and determine whether the eligible landlord will accept the rental assistance on behalf of the tenant who defaulted in the payment of rent. If the landlord accepts rental assistance on behalf of the tenant pursuant to this subsection, the eligible landlord must sign a document which states that the landlord:

(a) Agrees to accept 100 percent of the total delinquent amount of rent from the rental assistance; and

(b) Is prohibited from commencing an action for eviction against the tenant for at least 90 days after receipt of the rental assistance.

8. The State Treasurer, an administrator of a program for rental assistance and any other person involved in the distribution of rental assistance in this State shall promote or otherwise provide information to persons relating to the procedures established in this section.

9. As used in this section:

(a) “Dwelling unit” has the meaning ascribed to it in NRS 40.215.

(b) “Eligible landlord” means a landlord who:

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ê2021 Statutes of Nevada, Page 2125 (CHAPTER 354, AB 486)ê

(1) Owns a single family residence;

(2) Is seeking rental assistance for least one dwelling unit in the single family residence;

(3) Is domiciled in this State or employs a property manager in this State; and

(4) Has an annual gross revenue obtained from all premises rented in this State of less than $4,000,000.

Sec. 7. If the State of Nevada receives money from the Federal Government on or after the effective date of this act that the State of Nevada is authorized to use for the direct payment of rental assistance to landlords on behalf of tenants who have defaulted in the payment of rent in this State, the Chief of the Budget Division of the Office of Finance in the Office of the Governor created by NRS 223.400 shall disburse $5,000,000 of that money for the direct payment of rental assistance to landlords.

Sec. 8. Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after March 22, 2021.

Sec. 8.5. NRS 40.2544 is hereby repealed.

Sec. 9. 1. This act becomes effective upon passage and approval.

2. Sections 1 to 3.5, inclusive, 5 and 6 of this act expire by limitation on June 5, 2023.

3. Section 4 of this act expires by limitation on the earlier of:

(a) The date that the Supreme Court determines that the programs of alternative dispute resolution established by rule by the Supreme Court or a district court or justice court do not have sufficient funds to administer the programs; or

(b) June 5, 2023.

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ê2021 Statutes of Nevada, Page 2126ê

CHAPTER 355, AB 266

Assembly Bill No. 266–Assemblywomen Brittney Miller and Anderson

CHAPTER 355

[Approved: June 4, 2021]

AN ACT relating to education; requiring only certain personnel be counted in determining the ratio of pupils per licensed teacher; establishing provisions relating to job vacancies in a school district; requiring the board of trustees of a school district to post certain information on its Internet website; revising provisions relating to the statewide performance evaluation system for teachers; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law requires that the ratio of pupils per licensed teacher in certain classes not exceed certain ratios. (NRS 388.700) Under existing law, the State Board of Education is required to develop nonbinding recommendations for the ratio of pupils per licensed teacher for kindergarten and grades 1 to 12, inclusive. (NRS 388.890) Sections 1 and 2 of this bill prohibit administrators and other licensed educational personnel, including, without limitation, counselors, coaches and special education teachers, who may be present in a classroom but do not teach every pupil in the classroom and teachers who are not actively teaching during a class period from being counted in determining the ratio of pupils per licensed teacher. Section 3 of this bill requires the board of trustees of a school district, to the extent that money is available, to determine the number of job vacancies in the school district based on the number of teachers that would be required to achieve the ratio of pupils per licensed teacher recommended by the State Board. Section 3 also requires the board of trustees of a school district to post on its Internet website the number of positions in the school district that are held by full-time substitutes and teachers who are licensed or working towards obtaining a license through an alternative route to licensure. Section 3 also requires the board of trustees of a school district to report certain information regarding teachers participating in an alternative route to licensure to the Legislative Committee on Education.

Existing law requires the State Board to adopt regulations establishing a statewide performance evaluation system. Under existing law, the statewide performance evaluation system must consider whether the classes for which an employee is responsible exceed the recommended ratio of pupils per licensed teacher. (NRS 391.465) Section 4 of this bill requires a person who, under the statewide performance evaluation system, evaluates a teacher who is responsible for a class that exceeds the recommended ratio of pupils per licensed teacher to award the teacher additional weight on certain specified criteria.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 388.700 is hereby amended to read as follows:

388.700 1. Except as otherwise provided in this section, for each school quarter of a school year, the ratio in each school district of pupils per licensed teacher designated to teach, on a full-time basis, in classes where core curriculum is taught:

(a) In kindergarten and grades 1 and 2, must not exceed 16 to 1, and in grade 3, must not exceed 18 to 1; or

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ê2021 Statutes of Nevada, Page 2127 (CHAPTER 355, AB 266)ê

(b) If a plan is approved pursuant to subsection 3 of NRS 388.720, must not exceed the ratio set forth in that plan for the grade levels specified in the plan.

Ê In determining this ratio, all licensed educational personnel who teach a grade level specified in paragraph (a) or a grade level specified in a plan that is approved pursuant to subsection 3 of NRS 388.720, as applicable for the school district, must be counted except teachers of art, music, physical education or special education, teachers who teach one or two specific subject areas to more than one classroom of pupils, [and] counselors, librarians, administrators, deans , [and] specialists , [.] any administrators or other licensed educational personnel, including, without limitation, counselors, coaches and special education teachers, who may be present in a classroom but do not teach every pupil in the classroom and teachers who are not actively teaching pupils during a class period or who do not teach a subject area for which the ratio of pupils per licensed teacher is being determined.

2. A school district may, within the limits of any plan adopted pursuant to NRS 388.720, assign a pupil whose enrollment in a grade occurs after the end of a quarter during the school year to any existing class regardless of the number of pupils in the class if the school district requests and is approved for a variance from the State Board pursuant to subsection 4.

3. Each school district that includes one or more elementary schools which exceed the ratio of pupils per class during any quarter of a school year, as reported to the Department pursuant to NRS 388.725:

(a) Set forth in subsection 1;

(b) Prescribed in conjunction with a legislative appropriation for the support of the class-size reduction program; or

Ê must request a variance for each such school for the next quarter of the current school year if a quarter remains in that school year or for the next quarter of the succeeding school year, as applicable, from the State Board by providing a written statement that includes the reasons for the request, the justification for exceeding the applicable prescribed ratio of pupils per class and a plan of actions that the school district will take to reduce the ratio of pupils per class.

4. The State Board may grant to a school district a variance from the limitation on the number of pupils per class set forth in paragraph (a), (b) or (c) of subsection 3 for good cause, including the lack of available financial support specifically set aside for the reduction of pupil-teacher ratios.

5. The State Board shall, on a quarterly basis, submit a report to the Interim Finance Committee on each variance requested by a school district pursuant to subsection 4 during the preceding quarter and, if a variance was granted, an identification of each elementary school for which a variance was granted and the specific justification for the variance.

6. The State Board shall, on or before February 1 of each odd-numbered year, submit a report to the Legislature on:

(a) Each variance requested by a school district pursuant to subsection 4 during the preceding biennium and, if a variance was granted, an identification of each elementary school for which variance was granted and the specific justification for the variance.

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ê2021 Statutes of Nevada, Page 2128 (CHAPTER 355, AB 266)ê

(b) The data reported to it by the various school districts pursuant to subsection 2 of NRS 388.710, including an explanation of that data, and the current pupil-teacher ratios per class in the grade levels specified in paragraph (a) of subsection 1 or the grade levels specified in a plan that is approved pursuant to subsection 3 of NRS 388.720, as applicable for the school district.

7. The Department shall, on or before November 15 of each year, report to the Chief of the Budget Division of the Office of Finance and the Fiscal Analysis Division of the Legislative Counsel Bureau:

(a) The number of teachers employed [;] full-time;

(b) The number of teachers employed in order to attain the ratio required by subsection 1;

(d) The number of pupils enrolled; and

[(d)] (e) The number of teachers assigned to teach in the same classroom with another teacher or in any other arrangement other than one teacher assigned to one classroom of pupils,

Ê during the current school year in the grade levels specified in paragraph (a) of subsection 1 or the grade levels specified in a plan that is approved pursuant to subsection 3 of NRS 388.720, as applicable, for each school district.

8. The provisions of this section do not apply to a charter school or to a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive.

Sec. 2. NRS 388.890 is hereby amended to read as follows:

388.890 1. The State Board shall develop nonbinding recommendations for the ratio of pupils per licensed teacher and specialized instructional support personnel in the public schools of this State for kindergarten and grades 1 to 12, inclusive. The board of trustees of each school district shall consider the recommendations in establishing the ratio of pupils per licensed teacher or specialized instructional support personnel, as applicable, in the school district.

2. The recommendations developed by the State Board must:

(a) Prescribe a suggested ratio of pupils per licensed teacher for each classroom and course of instruction, except choir, orchestra and band, in kindergarten and grades 1 to 12, inclusive;

(b) Prescribe a suggested ratio of pupils per each type of specialized instructional support personnel for each kind of public school described in NRS 388.020;

(c) Be based on evidence-based national standards [; and] set forth by the licensing body for teachers and the licensing body for each type of specialized instructional support personnel;

(d) Take into account the unique needs of certain pupils, including, without limitation, pupils who are English learners [.] ;

(e) Require that administrators and other licensed educational personnel, including, without limitation, counselors, coaches and special education teachers, who may be present in a classroom but do not teach every pupil in the classroom may not be counted in determining the ratio of pupils per licensed teacher; and

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ê2021 Statutes of Nevada, Page 2129 (CHAPTER 355, AB 266)ê

(f) Count only teachers who are actively teaching pupils during a class period and teach a subject, and are the teacher of record assigned to the classroom of pupils, for which the ratio of pupils per licensed teacher is being determined.

3. Nothing in this section shall be deemed to relieve a school district of its obligation to comply with the requirements of NRS 388.700 and 388.720, as applicable to the school district.

4. Not later than 30 days after the beginning of each school year, the board of trustees of each school district shall post on an Internet website maintained by the school district the ratio of pupils per licensed teacher that has been approved for each class in the district.

5. The board of trustees of [each] a school district with one or more schools that exceed the recommended ratio of pupils to specialized instructional support personnel shall develop a 15-year strategic plan to achieve the ratio of pupils to specialized instructional support personnel in the district.

6. On or before February 1 of each odd-numbered year, the board of trustees of each school district shall submit a report on the progress of the school district in obtaining the ratio of pupils per licensed teacher and specialized instructional support personnel recommended pursuant to this section to the Director of the Legislative Counsel Bureau for transmittal to the Senate and Assembly Standing Committees on Education.

7. As used in this section:

(a) “English learner” has the meaning ascribed to it in 20 U.S.C. § 7801(20).

(b) “Specialized instructional support personnel” includes persons employed by each school to provide necessary services such as assessment, diagnosis, counseling, educational services, therapeutic services and related services, as defined in 20 U.S.C. § 1401(26), to pupils. Such persons employed by a school include, without limitation:

(1) A school counselor;

(2) A school psychologist;

(3) A school social worker;

(4) A school nurse;

(5) A speech-language pathologist;

(6) A school library media specialist; and

(7) Any other qualified professional.

Sec. 3. Chapter 391 of NRS is hereby amended by adding thereto a new section to read as follows:

1. To the extent that money is available, the board of trustees of a school district shall determine the number of job vacancies based on the number of licensed teachers needed to achieve the recommended ratios of pupils per licensed teacher prescribed by the State Board pursuant to NRS 388.890. A position held by a full-time substitute teacher shall be considered vacant for the purposes of this section.

2. The board of trustees of each school district shall post on the Internet website maintained by the school district the number of positions within the school district that are held by full-time substitute teachers and teachers licensed or working towards obtaining a license through an alternative route to licensure.

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ê2021 Statutes of Nevada, Page 2130 (CHAPTER 355, AB 266)ê

3. On or before February 1 of each even-numbered year, the board of trustees of each school district shall report to the Legislative Committee on Education the:

(a) Number of teachers employed by the school district who are working towards obtaining a license by participating in a program for an alternative route to licensure;

(b) The name of each program for an alternative route to licensure in which teachers employed by the school district are participating;

(c) The number of teachers employed by the school district who are participating in each program for an alternative route to licensure identified pursuant to paragraph (b);

(d) The demographic information of teachers employed by the school district who are participating in each program for an alternative route to licensure;

(e) The rate of completion of teachers employed by the school district in each program for an alternative route to licensure identified pursuant to paragraph (b); and

(f) The rate of retention by the school district of teachers who participate in each program for an alternative route to licensure.

Sec. 4. NRS 391.465 is hereby amended to read as follows:

391.465 1. The State Board shall, based upon the recommendations of the Teachers and Leaders Council of Nevada submitted pursuant to NRS 391.460, adopt regulations establishing a statewide performance evaluation system which incorporates multiple measures of an employee’s performance. Except as otherwise provided in subsection 3, the State Board shall prescribe the tools to be used by a school district for obtaining such measures.

2. The statewide performance evaluation system must:

(a) Require that an employee’s overall performance is determined to be:

(1) Highly effective;

(2) Effective;

(3) Developing; or

(4) Ineffective.

(b) Include the criteria for making each designation identified in paragraph (a), which must include, without limitation, consideration of whether the classes for which the employee is responsible exceed the applicable recommended ratios of pupils per licensed teacher prescribed by the State Board pursuant to NRS 388.890 and, if so, the degree to which the ratios affect:

(1) The ability of the employee to carry out his or her professional responsibilities; and

(2) The instructional practices of the employee.

(c) Except as otherwise provided in subsections 2 and 3 of NRS 391.695 and subsections 2 and 3 of NRS 391.715, require that pupil growth, as determined pursuant to NRS 391.480, account for 15 percent of the evaluation of a teacher or administrator who provides direct instructional services to pupils at a school in a school district.

(d) Include an evaluation of whether the teacher, or administrator who provides primarily administrative services at the school level or administrator at the district level who provides direct supervision of the principal of a school, and who does not provide primarily direct instructional services to pupils, regardless of whether the probationary administrator is licensed as a teacher or administrator, including, without limitation, a principal and vice principal or licensed educational employee, other than a teacher or administrator, employs practices and strategies to involve and engage the parents and families of pupils.

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ê2021 Statutes of Nevada, Page 2131 (CHAPTER 355, AB 266)ê

pupils, regardless of whether the probationary administrator is licensed as a teacher or administrator, including, without limitation, a principal and vice principal or licensed educational employee, other than a teacher or administrator, employs practices and strategies to involve and engage the parents and families of pupils.

(e) Include a process for peer observations of teachers by qualified educational personnel which is designed to provide assistance to teachers in meeting the standards of effective teaching, and includes, without limitation, conducting observations, participating in conferences before and after observations of the teacher and providing information and resources to the teacher about strategies for effective teaching. The regulations must include the criteria for school districts to determine which educational personnel are qualified to conduct peer observations pursuant to the process.

(f) Require a person who evaluates a teacher who is responsible for a number of pupils that exceeds the applicable recommended ratio of pupils per licensed teacher prescribed by the State Board pursuant to NRS 388.890, who is a postprobationary employee as defined in NRS 391.650 and whose performance on that evaluation is designated as effective or highly effective to, under the statewide performance evaluation system, award the teacher an additional weight for criteria relating to:

(1) The manner in which the teacher structures a classroom environment;

(2) The manner in which the teacher provides an opportunity for extended discourse;

(3) The manner in which the teacher employs the cognitive abilities and skills of all pupils;

(4) The manner in which the teacher engages with the families of pupils; and

(5) The perception of pupils of the performance of the teacher,

Ê that is equivalent to the percentage by which the ratio of pupils for which the teacher is responsible exceeds the recommended ratio of pupils per licensed teacher. Any additional weight awarded to a teacher pursuant to this paragraph must not cause the score on a criterion to exceed the maximum score that would otherwise be possible on the criterion for a teacher rated as highly effective.

3. A school district may apply to the State Board to use a performance evaluation system and tools that are different than the evaluation system and tools prescribed pursuant to subsection 1. The application must be in the form prescribed by the State Board and must include, without limitation, a description of the evaluation system and tools proposed to be used by the school district. The State Board may approve the use of the proposed evaluation system and tools if it determines that the proposed evaluation system and tools apply standards and indicators that are equivalent to those prescribed by the State Board.

4. An administrator at the district level who provides direct supervision of the principal of a school and who also serves as the superintendent of schools of a school district must not be evaluated using the statewide performance evaluation system.

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ê2021 Statutes of Nevada, Page 2132 (CHAPTER 355, AB 266)ê

Sec. 4.5. The provisions of paragraph (f) of subsection 2 of NRS 391.465, as amended by section 4 of this act, must be applied to any evaluation of the performance of an applicable teacher during the 2021-2022 school year and each subsequent school year.

Sec. 5. 1. This section and section 4.5 of this act become effective upon passage and approval.

2. Sections 1, 2 and 3 of this act become effective on July 1, 2021.

3. Section 4 of this act becomes effective:

(a) Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

(b) On January 1, 2022, for all other purposes.

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CHAPTER 356, AB 284

Assembly Bill No. 284–Assemblywoman Martinez

CHAPTER 356

[Approved: June 4, 2021]

AN ACT relating to statutory liens; providing a procedure to contest the validity of certain liens on a motor vehicle; requiring that certain additional information be provided in a notice of lien on a motor vehicle; providing for the expiration of a lien on a motor vehicle; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law authorizes a person to contest the validity of a lien on a mobile home or manufactured home. (NRS 108.355) Section 1 of this bill establishes a similar procedure for a person to contest the validity of certain liens on a motor vehicle.

Existing law requires that a notice of lien on a mobile home or manufactured home must include: (1) the amount necessary to satisfy the lien; and (2) a description of the legal proceedings available to contest the lien. (NRS 108.2725) Section 3 of this bill requires that similar information be included in a notice of lien on a motor vehicle.

Under existing law, a lien on a mobile home or manufactured home expires 1 year after the lien is filed with the Housing Division of the Department of Business and Industry. (NRS 108.2735) Section 4 of this bill provides that a lien on a motor vehicle expires 6 months after the lien is filed with the Department of Motor Vehicles, except when tolled by a pending civil action or administrative proceeding relating to the lien on the motor vehicle or an underlying repair to the motor vehicle.

The provisions of this bill do not apply to a lien asserted by the operator of a tow car holding a certificate of public convenience and necessity.

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 108 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in subsection 7, a person contesting the validity of a lien on a motor vehicle may file, in addition to any other civil action authorized by law, a notice of opposition to the lien in the justice court in the jurisdiction where the motor vehicle is located.

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ê2021 Statutes of Nevada, Page 2133 (CHAPTER 356, AB 284)ê

civil action authorized by law, a notice of opposition to the lien in the justice court in the jurisdiction where the motor vehicle is located. A person may file a notice of opposition within 7 calendar days after receiving a notice of lien and must include the facts supporting the opposition. The person filing the notice shall serve copies of the notice upon the lien claimant and the Department of Motor Vehicles.

2. Upon the filing of the notice of opposition to the lien, the justice of the peace shall schedule a hearing on the notice, which must be held not later than 14 calendar days after service of the notice but not sooner than 5 calendar days after service of the notice. The justice of the peace shall affix the date of the hearing to the notice and order that a copy be served upon the lien claimant within 5 calendar days after the date of the order.

3. The justice of the peace shall:

(a) Dismiss the objections to the lien claim;

(b) Declare the lien invalid and issue a writ of possession; or

Ê A lien is invalid if a body shop or garage operator fails to comply with the provisions of subsection 1 of NRS 487.567, NRS 487.6875 or 487.6877.

4. If a writ of possession is issued pursuant to paragraph (b) of subsection 3, the writ must:

(a) Be directed to the sheriff within whose jurisdiction the motor vehicle is located;

(b) Describe the motor vehicle to be seized and specify the location where, as determined by the justice of the peace from all the evidence, there is probable cause to believe the motor vehicle will be found; and

(c) Direct the levying office to seize the motor vehicle if it is found and return the motor vehicle to the registered owner.

5. The scope of a notice of opposition to a lien filed pursuant to this section is limited to judicial review of the procedures set forth in subsection 1 of NRS 487.567, NRS 487.6875 and 487.6877, the reasonableness of storage costs and compliance with the notice provisions of this section and NRS 108.265 to 108.367, inclusive.

6. After receipt of a notice of opposition to a lien or other notice pursuant to any proceeding to contest the validity of a lien on a motor vehicle, the Department of Motor Vehicles shall not transfer the title to the motor vehicle that is subject to the lien until the matter has been adjudicated.

7. This section does not:

(a) Affect the rights of a secured party pursuant to chapter 104 of NRS.

(b) Apply to a lien asserted by the operator of a tow car holding a certificate of public convenience and necessity issued pursuant to NRS 706.4463.

8. As used in this section:

(a) “Body shop” has the meaning ascribed to it in NRS 487.532.

(b) “Garage operator” has the meaning ascribed to it in NRS 487.545.

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ê2021 Statutes of Nevada, Page 2134 (CHAPTER 356, AB 284)ê

Sec. 2. NRS 108.265 is hereby amended to read as follows:

108.265 As used in NRS 108.265 to 108.367, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 108.266 to 108.26795, inclusive, have the meanings ascribed to them in those sections.

Sec. 3. NRS 108.2725 is hereby amended to read as follows:

108.2725 1. In addition to the requirements set forth in NRS 108.272, the notice of a lien on a mobile home or manufactured home must include:

[1.] (a) The amount necessary to satisfy the lien; and

[2.] (b) A description of the legal proceeding available to contest the lien pursuant to NRS 108.350 and 108.355.

2. Except as otherwise provided in this subsection, in addition to the requirements set forth in NRS 108.272, the notice of a lien on a motor vehicle must include:

(a) The amount necessary to satisfy the lien; and

(b) A description of the legal proceedings available to contest the lien pursuant to NRS 108.350 and section 1 of this act.

Ê This subsection does not apply to a lien asserted by the operator of a tow car holding a certificate of public convenience and necessity issued pursuant to NRS 706.4463.

Sec. 4. NRS 108.2735 is hereby amended to read as follows:

108.2735 1. A lien asserted against a mobile home or manufactured home expires 1 year after [it] the lien is filed with the Housing Division of the Department of Business and Industry.

2. Except as otherwise provided in this subsection, a lien asserted against a motor vehicle expires 6 months after the lien is filed with the Department of Motor Vehicles. This subsection does not apply to a lien asserted by the operator of a tow car holding a certificate of public convenience and necessity issued pursuant to NRS 706.4463.

3. The expiration of the lien provided in subsection 2 is tolled during any period in which there is a pending civil action or administrative proceeding conducted by the Department of Motor Vehicles relating to the amount or validity of the lien on the motor vehicle or an underlying repair to the motor vehicle.

Sec. 5. This act becomes effective on July 1, 2021.

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ê2021 Statutes of Nevada, Page 2135ê

CHAPTER 357, AB 296

Assembly Bill No. 296–Assemblywoman Nguyen

CHAPTER 357

[Approved: June 4, 2021]

AN ACT relating to actions concerning persons; establishing a civil cause of action to recover damages, reasonable attorney’s fees and costs from a person who disseminates personal identifying information or sensitive information under certain circumstances; authorizing a court to issue a temporary restraining order or a permanent or temporary injunction under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

This bill establishes a civil cause of action against a person who commits certain acts commonly referred to as “doxing.” Specifically, this bill authorizes a person to bring a civil action to recover damages, reasonable attorney’s fees and costs from another person if the other person disseminates any personal identifying information or sensitive information of the person without the consent of the person, knowing that the person could be identified and: (1) with the intent to aid, assist, encourage, facilitate, further or promote any criminal offense which would be reasonably likely to cause death, bodily injury or stalking; or (2) with the intent to cause harm to the person and with the knowledge of or reckless disregard for the reasonable likelihood that disseminating the information could result in death, bodily injury or stalking. Further, a person is liable for the dissemination of such information if it: (1) would cause a reasonable person to fear the death, bodily injury, or stalking of himself or herself or a close relation; or (2) causes the death, bodily injury or stalking of the person whose information was disseminated or a close relation of the person. This bill exempts from liability under the provisions of this bill the dissemination of such information: (1) for the purpose of reporting conduct reasonably believed to be unlawful; (2) which depicts a law enforcement officer acting under the color of law or an elected officer acting in an official capacity; (3) gathered in the exercise of the constitutionally protected rights of freedom of speech and assembly; or (4) which is a good faith communication in furtherance of the right to petition or the right to free speech in direct connection with an issue of public concern. This bill also: (1) defines certain terms, including, among other terms, “personal identifying information” and “sensitive information” for the purposes of the provisions of this bill; (2) imposes joint and several liability if multiple persons are found liable for the same dissemination of personal identifying information or sensitive information; (3) authorizes a court to issue a temporary restraining order or a permanent or temporary injunction to prevent the dissemination of any personal identifying information or sensitive information of a person; and (4) excludes certain computer services from liability under the provisions of this bill for content provided by another person.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in subsection 3, a person may bring a civil action against another person if:

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ê2021 Statutes of Nevada, Page 2136 (CHAPTER 357, AB 296)ê

(a) The other person disseminates any personal identifying information or sensitive information of the person without the consent of the person, knowing that the person could be identified by such information:

(1) With the intent to aid, assist, encourage, facilitate, further or promote any criminal offense which would be reasonably likely to cause death, bodily injury or stalking; or

(2) With the intent to cause harm to the person and with knowledge of or reckless disregard for the reasonable likelihood that the dissemination of the information may cause death, bodily injury or stalking; and

(b) The dissemination of the personal identifying information or sensitive information:

(1) Would cause a reasonable person to fear the death, bodily injury or stalking of himself or herself or a close relation; or

(2) Causes the death, bodily injury or stalking of the person whose information was disseminated or a close relation of the person.

2. If a person is found liable to a person whose information was disseminated pursuant to subsection 1, the person whose information was disseminated may recover damages, reasonable attorney’s fees and costs.

3. The provisions of this section do not apply to the dissemination of personal identifying information or sensitive information:

(a) For the purposes of reporting conduct reasonably believed to be unlawful;

(b) Which depicts a law enforcement officer acting under the color of law or an elected officer of the State of Nevada or any of its political subdivisions acting in an official capacity;

(d) Which is a good faith communication in furtherance of the right to petition or the right to free speech in direct connection with an issue of public concern, as defined in NRS 41.637.

4. Each person who is found liable under this section for the same dissemination of personal identifying information or sensitive information is jointly and severally liable for the damages, reasonable attorney’s fees and costs awarded by the court.

5. Upon a motion by a party in a civil action brought under this section, a court may issue a temporary restraining order or a permanent or temporary injunction to prevent the dissemination of any personal identifying information or sensitive information of a person.

6. This section must not be construed to impose liability on any interactive computer service for any content provided by another person.

7. As used in this section:

(a) “Close relation” means a current or former spouse or domestic partner, parent, child, sibling, stepparent, grandparent or any person who regularly resides in the household or who, within the immediately preceding 6 months, regularly resided in the household.

(b) “Interactive computer service” has the meaning ascribed to it in 47 U.S.C. § 230(f)(2).

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ê2021 Statutes of Nevada, Page 2137 (CHAPTER 357, AB 296)ê

(c) “Law enforcement officer” means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.

(d) “Personal identifying information” has the meaning ascribed to it in NRS 205.4617.

(e) “Sensitive information” means information concerning:

(1) The sexual orientation of a person;

(2) Whether a person is transgender or has undergone a gender transition; or

(3) The human immunodeficiency virus status of a person.

(f) “Stalking” means a violation of NRS 200.575.

Sec. 2. This act becomes effective on July 1, 2021.

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CHAPTER 358, AB 315

Assembly Bill No. 315–Assemblymen O’Neill, Roberts, Dickman, Krasner; Hafen, Hardy, Kasama, Leavitt, McArthur and Thomas

CHAPTER 358

[Approved: June 4, 2021]

AN ACT relating to public employees; requiring the employer of a police officer, firefighter or correctional officer to make available certain information and counseling relating to mental health issues to the police officer, firefighter or correctional officer; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law sets forth various provisions relating to public officers and employees. (Chapter 281 of NRS) This bill requires the employer of a police officer, firefighter or correctional officer to make available to the police officer, firefighter or correctional officer: (1) during the course of employment, information relating to the awareness, prevention, mitigation and treatment of mental health issues, including, without limitation, post-traumatic stress disorder, depression, anxiety and acute stress; and (2) within three months after the retirement of the police officer, firefighter or correctional officer, not more than 2 hours of counseling with a mental health professional to discuss the symptoms, prevention, mitigation and treatment of mental health issues, including, without limitation, post-traumatic stress disorder, depression, anxiety and acute stress.

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 281 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The employer of a police officer, firefighter or correctional officer must make available to the police officer, firefighter or correctional officer:

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ê2021 Statutes of Nevada, Page 2138 (CHAPTER 358, AB 315)ê

(a) During the course of employment, information relating to the awareness, prevention, mitigation and treatment of mental health issues, including, without limitation, post-traumatic stress disorder, depression, anxiety and acute stress.

(b) Within 3 months after the retirement of the police officer, firefighter or correctional officer, not more than 2 hours of counseling with a mental health professional to discuss the symptoms, prevention, mitigation and treatment of mental health issues, including, without limitation, post-traumatic stress disorder, depression, anxiety and acute stress.

2. As used in this section:

(a) “Correctional officer” means a person employed by a public employer who is filling a full-time position and whose primary responsibilities are:

(1) The supervision, custody, security, discipline, safety and transportation of a person convicted of a crime under the laws of this State and sentenced to imprisonment in a state prison or detention in a correctional facility of the State or its political subdivisions;

(2) The security and safety of the staff of a state prison or correctional facility of the State or its political subdivisions; and

(3) The security and safety of a state prison or correctional facility of the State or its political subdivisions.

(b) “Firefighter” has the meaning ascribed to it in NRS 286.042.

(d) “Public employer” has the meaning ascribed to it in NRS 286.070.

Sec. 2. 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. 3. This act becomes effective on July 1, 2021.

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ê2021 Statutes of Nevada, Page 2139ê

CHAPTER 359, AB 326

Assembly Bill No. 326–Assemblyman Roberts

CHAPTER 359

[Approved: June 4, 2021]

AN ACT relating to cannabis; authorizing a district attorney or city attorney to bring a civil action against a person for engaging in certain activities relating to cannabis without a license or registration card issued by the Cannabis Compliance Board; providing for the issuance by the Board of a cannabis establishment agent registration card for a cannabis receiver; setting forth certain requirements to obtain such a registration card; requiring the Board to adopt regulations relating to the activities of a holder of such a registration card with respect to a cannabis establishment that is subject to a receivership; authorizing the Board to adopt regulations governing the transfer of licenses which give a priority in processing such transfers to certain types of transfers; requiring advertising by a cannabis establishment to include the name and license number or other unique identifier of the cannabis establishment; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law prohibits a person from possessing, delivering or producing marijuana or paraphernalia, or aiding and abetting another in doing so, but creates an exemption from state prosecution for such crimes in certain circumstances for persons who are at least 21 years of age or hold a registry identification card, letter of approval, cannabis establishment agent registration card, adult-use cannabis establishment license or medical cannabis establishment license. A person who engages in activities relating to cannabis for which a license or registration card is required without the appropriate license or registration card does not qualify for such an exemption and is therefore subject to prosecution for such crimes. (NRS 453.316, 453.321, 453.336, 453.337, 453.339, 453.3393, 678C.200, 678D.200) Existing law additionally prohibits a person from engaging in the business of a medical cannabis establishment or adult-use cannabis establishment without a license issued by the Cannabis Compliance Board. (NRS 678B.210, 678B.250) If a licensee has violated the provisions of law relating to the regulation of cannabis, the Board may impose certain penalties, including the revocation of the license of the licensee and the imposition of a civil penalty. (NRS 678A.600) Section 1.5 of this bill provides that if a person engages in certain activities relating to cannabis without a license or registration card issued by the Board in violation of the provisions of existing law governing the regulation of cannabis, the district attorney or city attorney for the jurisdiction in which the violation occurred is authorized to bring an action against the person to recover a civil penalty of not more $50,000 for each violation. Section 1.5 also authorizes a district attorney or city attorney to bring an action to enjoin such violations.

Existing law prohibits a person from holding an ownership interest in a cannabis establishment of less than 5 percent, volunteering or working at, contracting to provide labor to or being employed by an independent contractor to provide labor to a cannabis establishment as a cannabis establishment agent unless the person has been issued a cannabis establishment agent registration card. (NRS 678B.340) Section 1.69 of this bill: (1) prohibits a person from acting as a receiver for a cannabis establishment subject to a receivership unless the person has been issued a cannabis establishment agent registration card for a cannabis receiver; and (2) sets forth certain requirements for a person to obtain such a card. Section 1.7 of this bill requires the Board to adopt regulations prescribing procedures and requirements by which a person who has been appointed by a court as a receiver and who has been issued a cannabis establishment agent registration card for a cannabis receiver may take possession of, manage the operations of and take any other action authorized by the court with respect to a cannabis establishment subject to a receivership.

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ê2021 Statutes of Nevada, Page 2140 (CHAPTER 359, AB 326)ê

Board to adopt regulations prescribing procedures and requirements by which a person who has been appointed by a court as a receiver and who has been issued a cannabis establishment agent registration card for a cannabis receiver may take possession of, manage the operations of and take any other action authorized by the court with respect to a cannabis establishment subject to a receivership. Section 1.7 requires such regulations to: (1) prescribe procedures and requirements for certain actions taken by a receiver; and (2) require a receiver to comply with all applicable laws.

Section 1.73 of this bill provides that a cannabis establishment agent registration card for a cannabis receiver is a revocable privilege. Sections 1.76 and 1.79 of this bill prohibit the issuance of a medical cannabis establishment license or an adult-use cannabis establishment license, respectively, if any of the persons proposed to be owners, officers or board members of the establishment have previously had a cannabis establishment agent registration card for a cannabis receiver revoked. Section 2.2 of this bill requires the Board to adopt certain regulations relating to the issuance of such a card. Sections 2.4 and 2.8 of this bill provide an exemption from state prosecution for certain crimes relating to cannabis for a person who holds a valid cannabis establishment agent registration card for a cannabis receiver. Section 2.6 of this bill provides that the fact that a person possesses such a card does not, alone: (1) constitute probable cause to search the person or the person’s property; or (2) subject the person or the person’s property to inspection.

Existing law requires the Board to adopt regulations prescribing procedures and requirements by which the holder of a license issued by the Board may transfer the license to another qualified person. (NRS 678B.380) Section 1.9 of this bill authorizes such regulations to give priority in the processing of such a transfer to transfers in which the transferor is: (1) subject to a receivership; (2) involved in a recapitalization; or (3) a party to a court proceeding involving financial distress.

Under existing law, certain activities concerning advertising by a cannabis establishment are prohibited or required, such as prohibiting a cannabis establishment from engaging in advertising which contains a statement or illustration that is false or misleading and requiring advertising to contain a warning that cannabis is for use only by adults who are 21 years of age or older. (NRS 678B.520) Section 2 of this bill requires that all advertising by a cannabis establishment contain: (1) the name of the cannabis establishment; and (2) the adult-use cannabis establishment license number or other unique identifier or the medical cannabis establishment license number or other unique identifier of the cannabis establishment. Section 2 authorizes a cannabis establishment that holds multiple licenses to satisfy such requirements by including in any advertising conducted by the cannabis establishment any one of the adult-use cannabis establishment license numbers, medical cannabis establishment license numbers or unique identifiers of the cannabis establishment.

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. 1.2. Chapter 678A of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.5 of this act.

Sec. 1.3. “Cannabis establishment agent registration card for a cannabis receiver” means a registration card issued by the Board pursuant to section 1.69 of this act.

Sec. 1.5. 1. A person who does not hold a license and who, in violation of the provisions of this title:

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ê2021 Statutes of Nevada, Page 2141 (CHAPTER 359, AB 326)ê

(a) Cultivates, delivers, transfers, supplies or sells cannabis;

(b) Manufacturers, delivers, transfers, supplies or sells cannabis products; or

Ê is liable for a civil penalty of not more than $50,000 to be recovered in an action brought by the district attorney or city attorney for the jurisdiction in which the violation occurred. Any civil penalty collected by a district attorney or city attorney pursuant to this section must be deposited in the county or city treasury, as applicable.

2. The district attorney or city attorney of any county or city, respectively, in which a person engages in any of the conduct described in subsection 1 in violation of the provisions of this title may bring an action to enjoin the violation.

Sec. 1.6. NRS 678A.010 is hereby amended to read as follows:

678A.010 As used in this title, unless the context otherwise requires, the words and terms defined in NRS 678A.020 to 678A.240, inclusive, and section 1.3 of this act have the meanings ascribed to them in those sections.

Sec. 1.63. NRS 678A.235 is hereby amended to read as follows:

678A.235 “Registration card” means:

1. A cannabis establishment agent registration card; [or]

2. A cannabis establishment agent registration card for a cannabis executive [.] ; or

3. A cannabis establishment agent registration card for a cannabis receiver.

Sec. 1.66. Chapter 678B of NRS is hereby amended by adding thereto the provisions set forth as sections 1.69 and 1.7 of this act.

Sec. 1.69. 1. In addition to the requirements set forth in NRS 678B.340, a person shall not act as a receiver for a cannabis establishment subject to a receivership unless the person first secures a cannabis establishment agent registration card for a cannabis receiver issued by the Board.

2. A person who wishes to act as a receiver for a cannabis establishment subject to a receivership shall submit to the Board an application on a form prescribed by the Board. The application must be accompanied by:

(a) The name, address and date of birth of the applicant;

(b) A statement signed by the applicant asserting that he or she has not previously had a cannabis establishment agent registration card for a cannabis receiver revoked;

(c) A complete set of the fingerprints and written permission of the applicant authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

(d) Any information required by the Board to complete an investigation into the background of the applicant;

(e) Proof satisfactory to the Board that the applicant has:

(1) Experience in or knowledge of the cannabis industry;

(2) Experience as a receiver appointed by a court;

(3) The knowledge and skills necessary to make reasonable financial decisions with respect to the finances of a cannabis establishment subject to a receivership; and

(4) Adequate financial capacity to fulfill the duties of a receiver;

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ê2021 Statutes of Nevada, Page 2142 (CHAPTER 359, AB 326)ê

(f) The application fee, as set forth in NRS 678B.390; and

(g) Such other information as the Board may require by regulation.

3. If the Board determines the applicant is qualified to receive a cannabis establishment agent registration card for a cannabis receiver pursuant to NRS 678B.200, the Board shall issue to the person a cannabis establishment agent registration card for a cannabis receiver.

4. A cannabis establishment agent registration card for a cannabis receiver expires 2 years after the date of issuance and may be renewed upon:

(a) Resubmission of the information set forth in this section; and

(b) Payment of the renewal fee set forth in NRS 678B.390.

5. A person to whom a cannabis establishment agent registration card for a cannabis receiver is issued or for whom such a registration card is renewed shall submit to the Board on the date of the first anniversary of the issuance or renewal an affidavit attesting that in the preceding year there has been no change in the information previously provided to the Board which would subject the person to disciplinary action by the Board.

Sec. 1.7. The Board shall adopt regulations which prescribe procedures and requirements by which a receiver appointed by a court who has been issued a cannabis establishment agent registration card for a cannabis receiver may take possession of, manage the operations of and take any other action authorized by a court with respect to a cannabis establishment subject to a receivership. Such regulations must, without limitation:

1. Prescribe procedures and requirements for the management, liquidation, sale or transfer of a cannabis establishment subject to a receivership by such a receiver, including, without limitation, procedures and requirements for the transfer of a license by a receiver in accordance with the regulations adopted pursuant to NRS 678B.380; and

2. Require such a receiver to comply with all applicable provisions of this title and the regulations adopted pursuant thereto.

Sec. 1.73. NRS 678B.010 is hereby amended to read as follows:

678B.010 The Legislature hereby finds and declares that:

1. The purpose for licensing cannabis establishments and registering cannabis establishment agents is to protect the public health and safety and the general welfare of the people of this State.

2. Any:

(a) Medical cannabis establishment license issued pursuant to NRS 678B.210;

(b) Adult-use cannabis establishment license issued pursuant to NRS 678B.250;

(d) Cannabis establishment agent registration card for a cannabis executive issued pursuant to NRS 678B.350 [,] ; and

(e) Cannabis establishment agent registration card for a cannabis receiver issued pursuant to section 1.69 of this act,

Ê is a revocable privilege and the holder of such a license or card, as applicable, does not acquire thereby any vested right.

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ê2021 Statutes of Nevada, Page 2143 (CHAPTER 359, AB 326)ê

Sec. 1.76. NRS 678B.210 is hereby amended to read as follows:

678B.210 1. A person shall not engage in the business of a medical cannabis establishment unless the person holds a medical cannabis establishment license issued by the Board pursuant to this section.

2. A person who wishes to engage in the business of a medical cannabis establishment must submit to the Board an application on a form prescribed by the Board.

3. Except as otherwise provided in NRS 678B.220, 678B.230 and 678B.240, not later than 90 days after receiving an application to engage in the business of a medical cannabis establishment, the Board shall register the medical cannabis establishment and issue a medical cannabis establishment license and a random 20-digit alphanumeric identification number if:

(a) The person who wishes to operate the proposed medical cannabis establishment has submitted to the Board all of the following:

(1) The application fee, as set forth in NRS 678B.390;

(2) An application, which must include:

(I) The legal name of the proposed medical cannabis establishment;

(II) The physical address where the proposed medical cannabis establishment will be located and the physical address of any co-owned additional or otherwise associated medical cannabis establishments, the locations of which may not be within 1,000 feet of a public or private school that provides formal education traditionally associated with preschool or kindergarten through grade 12 and that existed on the date on which the application for the proposed medical cannabis establishment was submitted to the Board, within 300 feet of a community facility that existed on the date on which the application for the proposed medical cannabis establishment was submitted to the Board or, if the proposed medical cannabis establishment will be located in a county whose population is 100,000 or more, within 1,500 feet of an establishment that holds a nonrestricted gaming license described in subsection 1 or 2 of NRS 463.0177 and that existed on the date on which the application for the proposed medical cannabis establishment was submitted to the Board;

(III) Evidence that the applicant controls not less than $250,000 in liquid assets to cover the initial expenses of opening the proposed medical cannabis establishment and complying with the provisions of this title;

(IV) Evidence that the applicant owns the property on which the proposed medical cannabis establishment will be located or has the written permission of the property owner to operate the proposed medical cannabis establishment on that property;

(V) For the applicant and each person who is proposed to be an owner, officer or board member of the proposed medical cannabis establishment, a complete set of the person’s fingerprints and written permission of the person authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

(VI) The name, address and date of birth of each person who is proposed to be an owner, officer or board member of the proposed medical cannabis establishment;

(3) Operating procedures consistent with rules of the Board for oversight of the proposed medical cannabis establishment, including, without limitation:

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(I) Procedures to ensure the use of adequate security measures; and

(II) The use of an electronic verification system and an inventory control system pursuant to NRS 678C.420 and 678C.430;

(4) If the proposed medical cannabis establishment will sell or deliver medical cannabis products, proposed operating procedures for handling such products which must be preapproved by the Board;

(5) If the city or county in which the proposed medical cannabis establishment will be located has enacted zoning restrictions, proof that the proposed location is in compliance with those restrictions and satisfies all applicable building requirements; and

(6) Such other information as the Board may require by regulation;

(b) None of the persons who are proposed to be owners, officers or board members of the proposed medical cannabis establishment have been convicted of an excluded felony offense;

(c) None of the persons who are proposed to be owners, officers or board members of the proposed medical cannabis establishment have:

(1) Served as an owner, officer or board member for a cannabis establishment that has had its medical cannabis establishment license or adult-use cannabis establishment license revoked;

(2) Previously had a cannabis establishment agent registration card revoked; [or]

(3) Previously had a cannabis establishment agent registration card for a cannabis executive revoked; [and] or

(4) Previously had a cannabis establishment agent registration card for a cannabis receiver revoked; and

(d) None of the persons who are proposed to be owners, officers or board members of the proposed medical cannabis establishment are under 21 years of age.

4. For each person who submits an application pursuant to this section, and each person who is proposed to be an owner, officer or board member of a proposed medical cannabis establishment, the Board shall submit the fingerprints of the person to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation to determine the criminal history of that person.

5. Except as otherwise provided in subsection 6, if an application for registration as a medical cannabis establishment satisfies the requirements of this section, is qualified in the determination of the Board pursuant to NRS 678B.200 and the establishment is not disqualified from being registered as a medical cannabis establishment pursuant to this section or other applicable law, the Board shall issue to the establishment a medical cannabis establishment license. A medical cannabis establishment license expires 1 year after the date of issuance and may be renewed upon:

(a) Submission of the information required by the Board by regulation; and

(b) Payment of the renewal fee set forth in NRS 678B.390.

6. In determining whether to issue a medical cannabis establishment license pursuant to this section, the Board shall consider the criteria of merit set forth in NRS 678B.240.

7. For the purposes of sub-subparagraph (II) of subparagraph (2) of paragraph (a) of subsection 3, the distance must be measured from the front door of the proposed medical cannabis establishment to the closest point of the property line of a school, community facility or gaming establishment.

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ê2021 Statutes of Nevada, Page 2145 (CHAPTER 359, AB 326)ê

8. As used in this section, “community facility” means:

(a) A facility that provides day care to children.

(b) A public park.

(d) A public swimming pool.

(e) A center or facility, the primary purpose of which is to provide recreational opportunities or services to children or adolescents.

(f) A church, synagogue or other building, structure or place used for religious worship or other religious purpose.

Sec. 1.79. NRS 678B.250 is hereby amended to read as follows:

678B.250 1. A person shall not engage in the business of an adult-use cannabis establishment unless the person holds an adult-use cannabis establishment license issued pursuant to this section.

2. A person who wishes to engage in the business of an adult-use cannabis establishment must submit to the Board an application on a form prescribed by the Board.

3. Except as otherwise provided in NRS 678B.260, 678B.270 and 678B.280, the Board shall issue an adult-use cannabis establishment license to an applicant if:

(a) The person who wishes to operate the proposed adult-use cannabis establishment has submitted to the Board all of the following:

(1) The application fee, as set forth in NRS 678B.390;

(2) An application, which must include:

(I) The legal name of the proposed adult-use cannabis establishment;

(II) The physical address where the proposed adult-use cannabis establishment will be located and the physical address of any co-owned additional or otherwise associated adult-use cannabis establishments, the locations of which may not be within 1,000 feet of a public or private school that provides formal education traditionally associated with preschool or kindergarten through grade 12 and that existed on the date on which the application for the proposed adult-use cannabis establishment was submitted to the Board, within 300 feet of a community facility that existed on the date on which the application for the proposed adult-use cannabis establishment was submitted to the Board or, if the proposed adult-use cannabis establishment will be located in a county whose population is 100,000 or more, within 1,500 feet of an establishment that holds a nonrestricted gaming license described in subsection 1 or 2 of NRS 463.0177 and that existed on the date on which the application for the proposed adult-use cannabis establishment was submitted to the Board;

(III) Evidence that the applicant controls liquid assets in an amount determined by the Board to be sufficient to cover the initial expenses of opening the proposed adult-use cannabis establishment and complying with the provisions of this title;

(IV) Evidence that the applicant owns the property on which the proposed adult-use cannabis establishment will be located or has the written permission of the property owner to operate the proposed adult-use cannabis establishment on that property;

(V) For the applicant and each person who is proposed to be an owner, officer or board member of the proposed adult-use cannabis establishment, a complete set of the person’s fingerprints and written permission of the person authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

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the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

(VI) The name, address and date of birth of each person who is proposed to be an owner, officer or board member of the proposed adult-use cannabis establishment;

(3) Operating procedures consistent with rules of the Board for oversight of the proposed adult-use cannabis establishment, including, without limitation:

(I) Procedures to ensure the use of adequate security measures; and

(II) The use of an inventory control system;

(4) If the proposed adult-use cannabis establishment will sell or deliver adult-use cannabis products, proposed operating procedures for handling such products which must be preapproved by the Board; and

(5) Such other information as the Board may require by regulation;

(b) None of the persons who are proposed to be owners, officers or board members of the proposed adult-use cannabis establishment have been convicted of an excluded felony offense;

(c) None of the persons who are proposed to be owners, officers or board members of the proposed adult-use cannabis establishment have:

(1) Served as an owner, officer or board member for a cannabis establishment that has had its adult-use cannabis establishment license or medical cannabis establishment license revoked;

(2) Previously had a cannabis establishment agent registration card revoked; [or]

(3) Previously had a cannabis establishment agent registration card for a cannabis executive revoked; [and] or

(4) Previously had a cannabis establishment agent registration card for a cannabis receiver revoked; and

(d) None of the persons who are proposed to be owners, officers or board members of the proposed adult-use cannabis establishment are under 21 years of age.

4. For each person who submits an application pursuant to this section, and each person who is proposed to be an owner, officer or board member of a proposed adult-use cannabis establishment, the Board shall submit the fingerprints of the person to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation to determine the criminal history of that person.

5. Except as otherwise provided in subsection 6, if an applicant for licensure to operate an adult-use cannabis establishment satisfies the requirements of this section, is qualified in the determination of the Board pursuant to NRS 678B.200 and is not disqualified from being licensed pursuant to this section or other applicable law, the Board shall issue to the applicant an adult-use cannabis establishment license. An adult-use cannabis establishment license expires 1 year after the date of issuance and may be renewed upon:

(a) Submission of the information required by the Board by regulation; and

(b) Payment of the renewal fee set forth in NRS 678B.390.

6. In determining whether to issue an adult-use cannabis license pursuant to this section, the Board shall consider the criteria of merit set forth in NRS 678B.280.

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ê2021 Statutes of Nevada, Page 2147 (CHAPTER 359, AB 326)ê

7. For the purposes of sub-subparagraph (II) of subparagraph (2) of paragraph (a) of subsection 3, the distance must be measured from the front door of the proposed adult-use cannabis establishment to the closest point of the property line of a school, community facility or gaming establishment.

8. As used in this section, “community facility” means:

(a) A facility that provides day care to children.

(b) A public park.

(d) A public swimming pool.

(e) A center or facility, the primary purpose of which is to provide recreational opportunities or services to children or adolescents.

(f) A church, synagogue or other building, structure or place used for religious worship or other religious purpose.

Sec. 1.9. NRS 678B.380 is hereby amended to read as follows:

678B.380 1. Except as otherwise provided by regulations adopted by the Board pursuant to subsection 2, the following are nontransferable:

(a) A cannabis establishment agent registration card.

(b) A cannabis establishment agent registration card for a cannabis executive.

(d) A medical cannabis establishment license.

[(d)] (e) An adult-use cannabis establishment license.

2. The Board shall adopt regulations which prescribe procedures and requirements by which a holder of a license may transfer the license to another party who is qualified to hold such a license pursuant to the provisions of this chapter. Such regulations may give priority in the processing of transfers of licenses to a transfer in which the transferor is:

(a) Subject to a receivership;

(b) Involved in a recapitalization; or

Sec. 2. NRS 678B.520 is hereby amended to read as follows:

678B.520 1. Each cannabis establishment shall, in consultation with the Board, cooperate to ensure that all cannabis products offered for sale:

(a) Are labeled clearly and unambiguously:

(1) As cannabis or medical cannabis with the words “THIS IS A MEDICAL CANNABIS PRODUCT” or “THIS IS A CANNABIS PRODUCT,” as applicable, in bold type; and

(2) As required by the provisions of this chapter and chapters 678C and 678D of NRS.

(b) Are not presented in packaging that contains an image of a cartoon character, mascot, action figure, balloon or toy, except that such an item may appear in the logo of the cannabis production facility which produced the product.

(d) Are packaged and labeled in such a manner as to allow tracking by way of an inventory control system.

(e) Are not packaged and labeled in a manner which is modeled after a brand of products primarily consumed by or marketed to children.

(f) Are labeled in a manner which indicates the amount of THC in the product, measured in milligrams, and includes a statement that the product contains cannabis and its potency was tested with an allowable variance of the amount determined by the Board by regulation.

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contains cannabis and its potency was tested with an allowable variance of the amount determined by the Board by regulation.

(g) Are not labeled or marketed as candy.

2. A cannabis production facility shall not produce cannabis products in any form that:

(a) Is or appears to be a lollipop.

(b) Bears the likeness or contains characteristics of a real or fictional person, animal or fruit, including, without limitation, a caricature, cartoon or artistic rendering.

(d) Is made by applying concentrated cannabis, as defined in NRS 453.042, to a commercially available candy or snack food item other than dried fruit, nuts or granola.

3. A cannabis production facility shall:

(a) Seal any cannabis product that consists of cookies or brownies in a bag or other container which is not transparent.

(b) Affix a label to each cannabis product which includes without limitation, in a manner which must not mislead consumers, the following information:

(1) The words “Keep out of reach of children”;

(2) A list of all ingredients used in the cannabis product;

(3) A list of all allergens in the cannabis product; and

(4) The total content of THC measured in milligrams.

(c) Maintain a hand washing area with hot water, soap and disposable towels which is located away from any area in which cannabis products are cooked or otherwise prepared.

(d) Require each person who handles cannabis products to restrain his or her hair, wear clean clothing and keep his or her fingernails neatly trimmed.

(e) Package all cannabis products produced by the cannabis production facility on the premises of the cannabis production facility.

4. A cannabis establishment shall not engage in advertising that in any way makes cannabis or cannabis products appeal to children, including, without limitation, advertising which uses an image of a cartoon character, mascot, action figure, balloon, fruit or toy.

5. Each cannabis sales facility shall offer for sale containers for the storage of cannabis and cannabis products which lock and are designed to prohibit children from unlocking and opening the container.

6. A cannabis sales facility shall:

(a) Include a written notification with each sale of cannabis or cannabis products which advises the purchaser:

(1) To keep cannabis and cannabis products out of the reach of children;

(2) That cannabis products can cause severe illness in children;

(3) That allowing children to ingest cannabis or cannabis products or storing cannabis or cannabis products in a location which is accessible to children may result in an investigation by an agency which provides child welfare services or criminal prosecution for child abuse or neglect;

(4) That the intoxicating effects of edible cannabis products may be delayed by 2 hours or more and users of edible cannabis products should initially ingest a small amount of the product, then wait at least 120 minutes before ingesting any additional amount of the product;

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(5) That pregnant women should consult with a physician before ingesting cannabis or cannabis products;

(6) That ingesting cannabis or cannabis products with alcohol or other drugs, including prescription medication, may result in unpredictable levels of impairment and that a person should consult with a physician before doing so;

(7) That cannabis or cannabis products can impair concentration, coordination and judgment and a person should not operate a motor vehicle while under the influence of cannabis or cannabis products; and

(8) That ingestion of any amount of cannabis or cannabis products before driving may result in criminal prosecution for driving under the influence.

(b) Enclose all cannabis and cannabis products in opaque, child-resistant packaging upon sale.

7. A cannabis sales facility shall allow any person who is at least 21 years of age to enter the premises of the cannabis sales facility.

8. If the health authority, as defined in NRS 446.050, where a cannabis production facility or cannabis sales facility which sells edible cannabis products is located requires persons who handle food at a food establishment to obtain certification, the cannabis production facility or cannabis sales facility shall ensure that at least one employee maintains such certification.

9. A cannabis production facility may sell a commodity or product made using hemp, as defined in NRS 557.160, or containing cannabidiol to a cannabis sales facility.

10. In addition to any other product authorized by the provisions of this title, a cannabis sales facility may sell:

(a) Any commodity or product made using hemp, as defined in NRS 557.160;

(b) Any commodity or product containing cannabidiol with a THC concentration of not more than 0.3 percent; and

11. A cannabis establishment:

(a) Shall not engage in advertising which contains any statement or illustration that:

(1) Is false or misleading;

(2) Promotes overconsumption of cannabis or cannabis products;

(3) Depicts the actual consumption of cannabis or cannabis products; or

(4) Depicts a child or other person who is less than 21 years of age consuming cannabis or cannabis products or objects suggesting the presence of a child, including, without limitation, toys, characters or cartoons, or contains any other depiction which is designed in any manner to be appealing to or encourage consumption of cannabis or cannabis products by a person who is less than 21 years of age.

(b) Shall not advertise in any publication or on radio, television or any other medium if 30 percent or more of the audience of that medium is reasonably expected to be persons who are less than 21 years of age.

(1) Within 1,000 feet of a public or private school, playground, public park or library, but may maintain such an advertisement if it was initially placed before the school, playground, public park or library was located within 1,000 feet of the location of the advertisement;

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(2) On or inside of a motor vehicle used for public transportation or any shelter for public transportation;

(3) At a sports event to which persons who are less than 21 years of age are allowed entry; or

(4) At an entertainment event if it is reasonably estimated that 30 percent or more of the persons who will attend that event are less than 21 years of age.

(d) Shall not advertise or offer any cannabis or cannabis product as “free” or “donated” without a purchase.

(e) Shall ensure that all advertising by the cannabis establishment contains such warnings as may be prescribed by the Board, which must include, without limitation, the following words:

(1) “Keep out of reach of children”; and

(2) “For use only by adults 21 years of age and older.”

(f) Shall ensure that all advertising by the cannabis establishment contains:

(1) The name of the cannabis establishment; and

(2) Except as otherwise provided in subsection 12, the adult-use cannabis establishment license number or medical cannabis establishment license number of the cannabis establishment or any other unique identifier assigned to the cannabis establishment by the Board.

12. A cannabis establishment that holds more than one license may satisfy the requirement set forth in subparagraph (2) of paragraph (f) of subsection 11 if the cannabis establishment includes in all advertising conducted by the cannabis establishment:

(a) Any one of the adult-use cannabis establishment license numbers or medical cannabis establishment license numbers of the cannabis establishment; or

(b) Any one unique identifier assigned to the cannabis establishment by the Board.

13. Nothing in subsection 11 shall be construed to prohibit a local government, pursuant to chapter 244, 268 or 278 of NRS, from adopting an ordinance for the regulation of advertising relating to cannabis which is more restrictive than the provisions of subsection 11 relating to:

(a) The number, location and size of signs, including, without limitation, any signs carried or displayed by a natural person;

(b) Handbills, pamphlets, cards or other types of advertisements that are distributed, excluding an advertisement placed in a newspaper of general circulation, trade publication or other form of print media;

(d) The content of any advertisement used by a cannabis establishment if the ordinance sets forth specific prohibited content for such an advertisement.

[13.] 14. If a cannabis establishment engages in advertising for which it is required to determine the percentage of persons who are less than 21 years of age and who may reasonably be expected to view or hear the advertisement, the cannabis establishment shall maintain documentation for not less than 5 years after the date on which the advertisement is first broadcasted, published or otherwise displayed that demonstrates the manner in which the cannabis establishment determined the reasonably expected age of the audience for that advertisement.

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[14.] 15. In addition to any other penalties provided for by law, the Board may impose a civil penalty upon a cannabis establishment that violates the provisions of subsection 11 or [13] 14 as follows:

(a) For the first violation in the immediately preceding 2 years, a civil penalty not to exceed $1,250.

(b) For the second violation in the immediately preceding 2 years, a civil penalty not to exceed $2,500.

(d) For the fourth violation in the immediately preceding 2 years, a civil penalty not to exceed $10,000.

[15.] 16. As used in this section, “motor vehicle used for public transportation” does not include a taxicab, as defined in NRS 706.124.

Sec. 2.2. NRS 678B.650 is hereby amended to read as follows:

678B.650 The Board shall adopt such regulations as it determines to be necessary or advisable to carry out the provisions of this chapter. Such regulations are in addition to any requirements set forth in statute and must, without limitation:

1. Prescribe the form and any additional required content of applications for licenses or registration cards issued pursuant to this chapter;

2. Establish procedures for the suspension or revocation of a license or registration card or other disciplinary action to be taken against a licensee or registrant;

3. Set forth rules pertaining to the safe and healthful operation of cannabis establishments, including, without limitation:

(a) The manner of protecting against diversion and theft without imposing an undue burden on cannabis establishments or compromising the confidentiality of consumers and holders of registry identification cards and letters of approval, as those terms are defined in NRS 678C.080 and 678C.070, respectively;

(b) Minimum requirements for the oversight of cannabis establishments;

(d) Provisions for the security of cannabis establishments, including without limitation, requirements for the protection by a fully operational security alarm system of each cannabis establishment; and

(e) Procedures pursuant to which cannabis establishments must use the services of cannabis independent testing laboratories to ensure that any cannabis or cannabis product or commodity or product made from hemp, as defined in NRS 557.160, sold by a cannabis sales facility to an end user is tested for content, quality and potency in accordance with standards established by the Board;

4. Establish circumstances and procedures pursuant to which the maximum fees set forth in NRS 678B.390 may be reduced over time to ensure that the fees imposed pursuant to NRS 678B.390 are, insofar as may be practicable, revenue neutral;

5. Establish different categories of cannabis establishment agent registration cards, including, without limitation, criteria for issuance of a cannabis establishment agent registration card for a cannabis executive and a cannabis establishment agent registration card for a cannabis receiver and criteria for training and certification, for each of the different types of cannabis establishments at which such an agent may be employed or volunteer or provide labor as a cannabis establishment agent;

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6. As far as possible while maintaining accountability, protect the identity and personal identifying information of each person who receives, facilitates or delivers services in accordance with this chapter;

7. Establish procedures and requirements to enable a dual licensee to operate a medical cannabis establishment and an adult-use cannabis establishment at the same location;

8. Determine whether any provision of this chapter or chapter 678C or 678D of NRS would make the operation of a cannabis establishment by a dual licensee unreasonably impracticable; and

9. Address such other matters as the Board deems necessary to carry out the provisions of this title.

Sec. 2.4. NRS 678C.200 is hereby amended to read as follows:

678C.200 1. Except as otherwise provided in this section and NRS 678C.300, a person who holds a valid registry identification card issued to the person pursuant to NRS 678C.230 or 678C.270 is exempt from state prosecution for:

(a) The possession, delivery or production of cannabis;

(b) The possession or delivery of paraphernalia;

(d) Aiding and abetting another in the possession or delivery of paraphernalia;

(e) Any combination of the acts described in paragraphs (a) to (d), inclusive; and

(f) Any other criminal offense in which the possession, delivery or production of cannabis or the possession or delivery of paraphernalia is an element.

2. In addition to the provisions of subsections 1 and 5, no person may be subject to state prosecution for constructive possession, conspiracy or any other criminal offense solely for being in the presence or vicinity of the medical use of cannabis in accordance with the provisions of this title.

3. The exemption from state prosecution set forth in subsection 1 applies only to the extent that a person who holds a registry identification card issued to the person pursuant to paragraph (a) of subsection 1 of NRS 678C.230 and the designated primary caregiver, if any, of such a person:

(a) Engage in or assist in, as applicable, the medical use of cannabis in accordance with the provisions of this title as justified to mitigate the symptoms or effects of a person’s chronic or debilitating medical condition; and

(b) Do not, at any one time, collectively possess with another who is authorized to possess, deliver or produce more than:

(1) Two and one-half ounces of usable cannabis;

(2) Twelve cannabis plants, irrespective of whether the cannabis plants are mature or immature; and

(3) A maximum allowable quantity of cannabis products as established by regulation of the Board.

Ê The persons described in this subsection must ensure that the usable cannabis and cannabis plants described in this subsection are safeguarded in an enclosed, secure location.

4. If the persons described in subsection 3 possess, deliver or produce cannabis in an amount which exceeds the amount described in paragraph (b) of that subsection, those persons:

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(a) Are not exempt from state prosecution for the possession, delivery or production of cannabis.

(b) May establish an affirmative defense to charges of the possession, delivery or production of cannabis, or any combination of those acts, in the manner set forth in NRS 678C.310.

5. A person who holds a valid medical cannabis establishment license issued to the person pursuant to NRS 678B.210 , [or] a valid cannabis establishment agent registration card issued to the person pursuant to NRS 678B.340 , [or] a valid cannabis establishment agent registration card for a cannabis executive issued pursuant to NRS 678B.350 or a valid cannabis establishment agent registration card for a cannabis receiver issued pursuant to section 1.69 of this act and who confines his or her activities to those authorized by this title, and the regulations adopted by the Board pursuant thereto, is exempt from state prosecution for:

(a) The possession, delivery or production of cannabis;

(b) The possession or delivery of paraphernalia;

(d) Aiding and abetting another in the possession or delivery of paraphernalia;

(e) Any combination of the acts described in paragraphs (a) to (d), inclusive; and

(f) Any other criminal offense in which the possession, delivery or production of cannabis or the possession or delivery of paraphernalia is an element.

6. Notwithstanding any other provision of law and except as otherwise provided in this subsection, after a medical cannabis dispensary opens in the county of residence of a person who holds a registry identification card, including, without limitation, a designated primary caregiver, such a person is not authorized to cultivate, grow or produce cannabis. The provisions of this subsection do not apply if:

(a) The person who holds the registry identification card was cultivating, growing or producing cannabis in accordance with state law on or before July 1, 2013;

(b) All the medical cannabis dispensaries in the county of residence of the person who holds the registry identification card close or are unable to supply the quantity or strain of cannabis necessary for the medical use of the person to treat his or her specific medical condition;

(c) Because of illness or lack of transportation, the person who holds the registry identification card is unable reasonably to travel to a medical cannabis dispensary; or

(d) No medical cannabis dispensary was operating within 25 miles of the residence of the person who holds the registry identification card at the time the person first applied for his or her registry identification card.

7. As used in this section, “cannabis” includes, without limitation, cannabis products.

Sec. 2.6. NRS 678C.600 is hereby amended to read as follows:

678C.600 1. The fact that a person possesses a registry identification card or letter of approval issued to the person by the Division or its designee pursuant to NRS 678C.230 or 678C.270, a medical cannabis establishment license issued to the person by the Board or its designee pursuant to NRS 678B.210, a cannabis establishment agent registration card issued to the person by the Board or its designee pursuant to NRS 678B.340 , [or] a cannabis establishment agent registration card for a cannabis executive issued to the person by the Board or its designee pursuant to NRS 678B.350 or a cannabis establishment agent registration card for a cannabis receiver issued to the person by the Board pursuant to section 1.69 of this act does not, alone:

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cannabis establishment agent registration card for a cannabis executive issued to the person by the Board or its designee pursuant to NRS 678B.350 or a cannabis establishment agent registration card for a cannabis receiver issued to the person by the Board pursuant to section 1.69 of this act does not, alone:

(a) Constitute probable cause to search the person or the person’s property; or

(b) Subject the person or the person’s property to inspection by any governmental agency.

2. Except as otherwise provided in this subsection, if officers of a state or local law enforcement agency seize cannabis, paraphernalia or other related property from a person engaged in, facilitating or assisting in the medical use of cannabis:

(a) The law enforcement agency shall ensure that the cannabis, paraphernalia or other related property is not destroyed while in the possession of the law enforcement agency.

(b) Any property interest of the person from whom the cannabis, paraphernalia or other related property was seized must not be forfeited pursuant to any provision of law providing for the forfeiture of property, except as part of a sentence imposed after conviction of a criminal offense.

(1) A decision not to prosecute;

(2) The dismissal of charges; or

(3) Acquittal,

Ê the law enforcement agency shall, to the extent permitted by law, return to that person any usable cannabis, cannabis plants, paraphernalia or other related property that was seized. The provisions of this subsection do not require a law enforcement agency to care for live cannabis plants.

Sec. 2.8. NRS 678D.200 is hereby amended to read as follows:

678D.200 1. Except as otherwise provided in NRS 678D.300, a person who is 21 years of age or older is exempt from state prosecution for:

(a) The possession, delivery or production of cannabis;

(b) The possession or delivery of paraphernalia;

(d) Aiding and abetting another in the possession or delivery of paraphernalia;

(e) Any combination of the acts described in paragraphs (a) to (d), inclusive; and

(f) Any other criminal offense in which the possession, delivery or production of cannabis or the possession or delivery of paraphernalia is an element.

2. In addition to the provisions of subsections 1 and 5, no person may be subject to state prosecution for constructive possession, conspiracy or any other criminal offense solely for being in the presence or vicinity of the adult use of cannabis in accordance with the provisions of this title.

3. The exemption from state prosecution set forth in subsection 1 applies only to the extent that a person:

(a) Is 21 years of age or older;

(b) Is not employed by any agency or political subdivision of this State in a position which requires the person to be certified by the Peace Officers’ Standards and Training Commission;

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ê2021 Statutes of Nevada, Page 2155 (CHAPTER 359, AB 326)ê

(d) Does not, at any one time, possess, deliver or produce more than:

(1) One ounce of usable cannabis;

(2) One-eighth of an ounce of concentrated cannabis;

(3) Six cannabis plants, irrespective of whether the cannabis plants are mature or immature; and

(4) A maximum allowable quantity of adult-use cannabis products as established by regulation of the Board;

(e) Cultivates, grows or produces not more than six cannabis plants:

(1) Within an enclosed area that is not exposed to public view that is equipped with locks or other security devices which allow access only by an authorized person; and

(2) At a residence or upon the grounds of a residence in which not more than 12 cannabis plants are cultivated, grown or produced;

(f) Delivers 1 ounce or less of usable cannabis or one-eighth of an ounce or less of concentrated cannabis without remuneration to a person who is 21 years of age or older so long as such delivery is not advertised or promoted to the public; and

(g) Assists another person who is 21 years of age or older in carrying out any of the acts described in paragraphs (a) to (f), inclusive.

4. If a person possesses, uses or produces cannabis in an amount which exceeds the amount set forth in paragraph (d) of subsection 3 or in any manner other than that set forth in subsection 3, the person is not exempt from state prosecution for the possession, delivery or production of cannabis.

5. A person who holds an adult-use cannabis establishment license issued to the person pursuant to NRS 678B.250, a cannabis establishment agent registration card issued to the person pursuant to NRS 678B.340 , [or] a cannabis establishment agent registration card for a cannabis executive issued to the person pursuant to NRS 678B.350 [,] or a cannabis establishment agent registration card for a cannabis receiver issued to the person pursuant to section 1.69 of this act, and confines his or her activities to those authorized by this title, and the regulations adopted by the Board pursuant thereto, is exempt from state prosecution for:

(a) The possession, delivery or production of cannabis;

(b) The possession or delivery of paraphernalia;

(d) Aiding and abetting another in the possession or delivery of paraphernalia;

(e) Any combination of the acts described in paragraphs (a) to (d), inclusive; and

(f) Any other criminal offense in which the possession, delivery or production of cannabis or the possession or delivery of paraphernalia is an element.

6. The commission of any act by a person for which the person is exempt from state prosecution pursuant to this section must not be used as the basis for the seizure or forfeiture of any property of the person or for the imposition of a civil penalty.

Sec. 3. This act becomes effective on July 1, 2021.

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ê2021 Statutes of Nevada, Page 2156ê

CHAPTER 360, AB 330

Assembly Bill No. 330–Assemblyman Ellison

CHAPTER 360

[Approved: June 4, 2021]

AN ACT relating to professions; providing for equivalent credit towards requirements for professional and occupational licenses and certifications for certain occupational, vocational and technical training; authorizing the State Apprenticeship Council to determine the applicability of credit towards requirements for approved apprenticeship programs for certain occupational, vocational and technical training; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Section 1 of this bill provides that persons who complete certain training programs for occupational, vocational, career, trade or technical education and receive certificates for the completion of such programs shall be eligible to receive equivalent credit towards related professional and occupational licenses and certifications. Section 1 also: (1) provides for the appeal of a denial of equivalent credit; (2) requires each state agency, board or commission which has the authority to regulate an occupation or profession to adopt regulations to effectuate the purposes of these provisions; and (3) provides that participation in, completion of or receipt of a certificate for completion of such a training program is not a substitute for participation in or completion of an apprenticeship program pursuant to chapter 610 of NRS.

Section 3 of this bill authorizes the State Apprenticeship Council to determine the number of hours, if any, completed in a training program described in section 1 which may count towards the number of hours required for an approved apprenticeship program pursuant to chapter 610 of NRS. Section 2 of this bill makes a conforming change to indicate the placement of section 3 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 622 of NRS is hereby amended by adding thereto a new section to read as follows:

1. A person who, in secondary or postsecondary education, completes a training program for occupational, vocational, career, trade or technical education approved by the State Board of Education and receives a certificate for the completion of that program is eligible to receive equivalent credit towards the satisfaction of requirements for the issuance of any professional and occupational licenses and certifications relating to the training received.

2. For a person to be eligible to receive equivalent credit pursuant to subsection 1, the secondary or postsecondary education received by the person pursuant to title 34 of NRS must be consistent with the requirements for the issuance of professional or occupational licenses and certifications established pursuant to the provisions of title 54 of NRS and the regulations adopted pursuant thereto.

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ê2021 Statutes of Nevada, Page 2157 (CHAPTER 360, AB 330)ê

3. Any person aggrieved by a decision of a regulatory body concerning eligibility for equivalent credit pursuant to this section may appeal to the regulatory body for a determination whether the training satisfies the requirements for professional or occupational licensure or certification, as applicable. An appeal made pursuant to this subsection must be conducted as provided for the appeal of the denial of a professional or occupational license or certificate by that regulatory body.

4. Each regulatory body shall adopt regulations to effectuate the purposes of this section.

5. Except as otherwise provided in a determination by the State Apprenticeship Council pursuant to section 3 of this act, participation in, completion of or receipt of a certificate for completion of a training program for occupational, vocational, career, trade or technical education as described in this section is not a substitute for participation in or completion of a program of training and instruction as an apprentice pursuant to chapter 610 of NRS.

Sec. 2. NRS 223.820 is hereby amended to read as follows:

223.820 The Executive Director of the Office of Workforce Innovation shall:

1. Provide support to the Office of the Governor, the Governor’s Workforce Investment Board created by NRS 232.935 and the industry sector councils established by the Governor’s Workforce Investment Board on matters relating to workforce development.

2. Work in coordination with the Office of Economic Development to establish criteria and goals for workforce development and diversification in this State.

3. Collect and systematize and present in biennial reports to the Governor and the Legislature such statistical details relating to workforce development in the State as the Executive Director of the Office may deem essential to further the objectives of the Office of Workforce Innovation.

4. At the direction of the Governor:

(a) Identify, recommend and implement policies related to workforce development.

(b) Define career pathways and identify priority career pathways for secondary and postsecondary education.

(c) Discontinue career pathways offered by the State which fail to meet minimum standards of quality, rigor and cross-education alignment, or that do not demonstrate a connection to priority industry needs.

(d) In consultation with the Governor’s Workforce Investment Board, identify industry-recognized credentials, workforce development programs and education.

(e) Maintain and oversee the statewide longitudinal data system that links data relating to early childhood education programs and K-12 public education with data relating to postsecondary education and the workforce in this State.

(f) Collect accurate educational data in the statewide longitudinal data system for the purpose of analyzing student performance through employment to assist in improving the educational system and workforce training program in this State.

(g) Apply for and administer grants, including, without limitation, those that may be available from funding reserved for statewide workforce investment activities.

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ê2021 Statutes of Nevada, Page 2158 (CHAPTER 360, AB 330)ê

(h) Review the status and structure of local workforce investment areas in the State, in coordination with the Governor and the Governor’s Workforce Investment Board.

(i) Report periodically to the Governor’s Workforce Investment Board concerning the administration of the policies and programs of the Office of Workforce Innovation.

(j) On or before March 31 of each year, submit to the Governor a complete report of the activities, discussions, findings and recommendations of the Office of Workforce Innovation.

(k) Oversee the State Apprenticeship Council and the State Apprenticeship Director pursuant to NRS 610.110 to 610.185, inclusive, and section 3 of this act and perform such other functions as may be necessary for the fulfillment of the intent and purposes of chapter 610 of NRS.

(l) Suggest improvements regarding the allocation of federal and state money to align workforce training and related education programs in the State, including, but not limited to, career and technical education.

(m) On or before January 1 of each year, collect and analyze data as needed to create a written report for the purposes of this paragraph, and submit such a report to the Director of the Legislative Counsel Bureau. The report must include, without limitation:

(1) Statistical data based on an analysis of the number of persons within this State who are engaged in an occupation or profession that is regulated by a regulatory body in relation to the total population of this State or any geographic area within this State;

(2) The demand within this State or any geographic area within this State for the types of services provided by persons within this State who are engaged in an occupation or profession that is regulated by a regulatory body; and

(3) Any other factors relating to the types of services provided by persons within this State who are engaged in an occupation or profession that is regulated by a regulatory body that adversely affect public health or safety.

Ê As used in this paragraph, “regulatory body” has the meaning ascribed to it in NRS 622.060.

(n) On or before January 1 of each year, submit to the Director of the Legislative Counsel Bureau a written report that includes, without limitation, the most current data and reports produced by the statewide longitudinal data system.

Sec. 3. Chapter 610 of NRS is hereby amended by adding thereto a new section to read as follows:

The Council may determine the number of hours, if any, completed by a person pursuant to a training program for occupational, vocational, career, trade or technical education pursuant to section 1 of this act which may count towards the number of hours required for a program approved by the Council pursuant to this chapter.

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ê2021 Statutes of Nevada, Page 2159ê

CHAPTER 361, AB 335

Assembly Bill No. 335–Assemblywoman Summers-Armstrong

CHAPTER 361

[Approved: June 4, 2021]

AN ACT relating to redevelopment; revising the requirements for the submission of an employment plan for a redevelopment project located in certain cities; requiring a developer and certain businesses to submit progress reports related to redevelopment projects in certain cities; revising provisions relating to the termination of certain redevelopment plans; authorizing a community to exercise certain powers related to redevelopment; requiring the Nevada Commission on Minority Affairs to provide an analysis of employment plans and progress reports related to certain redevelopment projects; revising certain requirements for membership of the Southern Nevada Enterprise Community Advisory Board; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law requires each proposal for a redevelopment project undertaken in a redevelopment area of a city whose population is 500,000 or more (currently the City of Las Vegas), to include an employment plan which must include: (1) a description of the existing opportunities for employment within the area; (2) a projection of the effect that the redevelopment project will have on employment opportunities within the area; (3) a description of the manner in which an employer relocating a business into the area plans to employ certain persons, including persons who have a physical disability; (4) a description of the manner in which the developer will, in hiring for construction jobs for the project, use its best efforts to hire certain persons; and (5) a description of the manner in which each employer relocating a business into the area will use its best efforts to hire certain persons living within certain areas. (NRS 279.482)

Sections 2 and 5 of this bill reorganize existing requirements for an employment plan that apply to a redevelopment project undertaken in a redevelopment area of a city whose population is 500,000 or more (currently the City of Las Vegas). Section 2 requires the employment plan to include: (1) certain information about persons with any disability; and (2) a description of how the developer will seek the participation in the redevelopment project of local small business contractors and subcontractors who are licensed in this State and whose place of business is located within 100 miles of the project. Section 2 also requires that a redevelopment agency submit the employment plan to the Nevada Commission on Minority Affairs and the Southern Nevada Enterprise Community Board. Section 2 further provides that an employment plan is a public record.

Sections 3 and 4 of this bill require, respectively, developers and businesses that receive incentives from an agency for a redevelopment project undertaken in a redevelopment area of a city whose population is 500,000 or more (currently the City of Las Vegas) to submit progress reports on the employment plan to the agency. Sections 3 and 4 also require the progress reports to be submitted by the agency to the Nevada Commission on Minority Affairs and the Southern Nevada Enterprise Community Board. Sections 3 and 4 also provide that the progress reports are public records.

Section 6 of this bill provides that sections 2-4 apply only to a redevelopment project undertaken in a redevelopment area of a city whose population is 500,000 or more (currently the City of Las Vegas).

Existing law requires, with certain exceptions, a redevelopment plan adopted on or after January 1, 1991, and any amendments to the plan to terminate not later than 30 years after the date on which the original redevelopment plan is adopted. (NRS 279.439) Section 4.3 of this bill requires that such a redevelopment plan, and any amendments to the plan, of a county whose population is 700,000 or more (currently Clark County) terminates not later than after 45 years after the date on which the original redevelopment plan is adopted.

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ê2021 Statutes of Nevada, Page 2160 (CHAPTER 361, AB 335)ê

any amendments to the plan, of a county whose population is 700,000 or more (currently Clark County) terminates not later than after 45 years after the date on which the original redevelopment plan is adopted.

Existing law authorizes a city to enact its own procedural ordinance and exercise certain powers related to redevelopment. (NRS 279.444) Section 4.7 of this bill allows a community, which is defined as a county or a city, to enact its own procedural ordinance and exercise such powers. (NRS 279.392)

Existing law requires a public agency that uses redevelopment funds for the design or construction of a redevelopment project being built as a public work in a redevelopment area of a city whose population is 500,000 or more (currently the City of Las Vegas) to submit an employment plan. (NRS 279.6094) Section 7 of this bill provides that the employment plan must meet the requirements of section 2.

Section 8 of this bill requires the Nevada Commission on Minority Affairs to analyze the information provided in the employment plans and progress reports that it receives pursuant to sections 2-4.

The Southern Nevada Enterprise Community Infrastructure Improvement Act establishes the Southern Nevada Enterprise Community Board to carry out certain duties relating to the Southern Nevada Enterprise Community. Two of the nine members of the Board must be residents of the Community. (Sections 8 and 9 of chapter 407, Statutes of Nevada 2007, as amended by chapter 481, Statutes of Nevada 2009, at pages 2771-72) Section 9.5 of this bill provides instead that these two members of the Board must be persons who are residents of the Community or residents of an area that is located within 10 miles of the Community.

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 279 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

Sec. 2. 1. Except as otherwise provided in NRS 279.6094, if an agency proposes to provide an incentive to a developer for a redevelopment project, the proposal for the redevelopment project must include an employment plan. The employment plan must include:

(a) A description of the existing opportunities for employment within the area;

(b) A projection of the effect that the redevelopment project will have on opportunities for employment within the area;

(c) A description of the manner in which an employer relocating a business into the area plans to employ persons living within the area of operation who:

(1) Are economically disadvantaged;

(2) Have any disability;

(3) Are members of racial minorities;

(4) Are veterans; or

(5) Are women;

(d) A description of the manner in which:

(1) The developer will seek the participation in the redevelopment project of local small business contractors and subcontractors who are licensed in this State and whose place of business is located within 100 miles of the project;

(2) The developer will, in hiring for construction jobs for the project, use its best efforts to hire veterans and persons of all sexes and diverse ethnicities living within the redevelopment area, an area in the city for which the legislative body has adopted a specific plan for neighborhood revitalization or which is eligible for a community development block grant pursuant to 24 C.F.R. Part 570, or the Southern Nevada Enterprise Community; and

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ê2021 Statutes of Nevada, Page 2161 (CHAPTER 361, AB 335)ê

diverse ethnicities living within the redevelopment area, an area in the city for which the legislative body has adopted a specific plan for neighborhood revitalization or which is eligible for a community development block grant pursuant to 24 C.F.R. Part 570, or the Southern Nevada Enterprise Community; and

(3) Each employer relocating a business into the area will use its best efforts to hire veterans and persons of all sexes and diverse ethnicities living within any of the areas described in subparagraph (2).

2. A description provided pursuant to paragraph (d) of subsection 1 must include an agreement by the developer or employer to offer and conduct training for the residents described in that paragraph or make a good faith effort to provide such training through a program of training that is offered by a governmental agency and reasonably available to the developer or employer.

3. The agency shall submit the employment plan within 30 days after receipt to:

(a) The Nevada Commission on Minority Affairs created by NRS 232.852; and

(b) If the redevelopment project is located within the Southern Nevada Enterprise Community, the Southern Nevada Enterprise Community Board. Upon request of the Board, a developer must present the employment plan to the Board.

4. An employment plan submitted to an agency pursuant to this section is a public record.

Sec. 3. 1. A developer that receives an incentive from an agency for a redevelopment project shall submit to the agency a progress report on the employment plan submitted pursuant to section 2 of this act:

(a) Not more than 120 days after the date on which the redevelopment project is 50 percent completed; and

(b) Not more than 120 days after the completion of the redevelopment project.

2. A progress report submitted pursuant to subsection 1 must include, without limitation:

(a) The number of persons who have worked on the redevelopment project who:

(1) Are economically disadvantaged;

(2) Have any disability;

(3) Are members of racial minorities;

(4) Are veterans; or

(5) Are women;

(b) The number of persons who have worked on the redevelopment project who are residents of an area described in subparagraph (2) of paragraph (d) of subsection 1 of section 2 of this act;

(c) The number of local small business contractors and subcontractors who are licensed in this State and whose place of business is located within 100 miles of the redevelopment project who have worked on the redevelopment project; and

(d) A comparison between the information presented in the progress report and the information contained in the original employment plan submitted for the project pursuant to section 2 of this act.

3. The agency shall submit a progress report received pursuant to this section within 30 days after receipt to:

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ê2021 Statutes of Nevada, Page 2162 (CHAPTER 361, AB 335)ê

(a) The Nevada Commission on Minority Affairs created by NRS 232.852; and

4. A progress report submitted pursuant to this section is a public record.

Sec. 4. 1. A business that receives an incentive to relocate into the redevelopment area must submit to the agency a progress report not more than 120 days after the opening of the business and annually thereafter for the term during which the business is receiving the incentive.

2. A progress report submitted pursuant to subsection 1 must include, without limitation:

(a) The number of persons employed by the business who:

(1) Are economically disadvantaged;

(2) Have any disability;

(3) Are members of racial minorities;

(4) Are veterans; or

(5) Are women;

(b) The number of persons employed by the business who are residents of an area described in subparagraph (2) of paragraph (d) of subsection 1 of section 2 of this act; and

(c) A comparison between the information presented in the progress report and the information included in the original employment plan submitted for the project pursuant to section 2 of this act.

3. The agency shall submit a progress report received pursuant to this section within 30 days after receipt to:

(a) The Nevada Commission on Minority Affairs created by NRS 232.852; and

(b) If the redevelopment project is located within the Southern Nevada Enterprise Community, the Southern Nevada Enterprise Community Board. Upon request of the Board, a business must present the progress report to the Board.

4. A report submitted pursuant to this section is a public record.

Sec. 4.3. NRS 279.439 is hereby amended to read as follows:

279.439 1. Except as otherwise provided in subsections 2, 3 and 4, a redevelopment plan adopted on or after January 1, 1991, and any amendments to the plan must terminate not later than 30 years after the date on which the original redevelopment plan is adopted.

2. If a redevelopment area includes any real property conveyed by the Federal Government which contains an abandoned mine or milling operation with open pits, large volumes of mine overburden and tailings piles and mill facility foundations, or a hazardous level of contaminants, a redevelopment plan adopted on or after January 1, 1991, and any amendments to the plan must terminate not later than 45 years after the date of the conveyance of the real property if:

(a) Within 15 years after the date on which the original redevelopment plan is adopted, the State enters into one or more agreements, with respect to the real property conveyed by the Federal Government, for mine remediation and reclamation; and

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ê2021 Statutes of Nevada, Page 2163 (CHAPTER 361, AB 335)ê

(b) Before entering into any agreement for mine remediation and reclamation, the State consults with the legislative body of the community in which the real property is located.

3. Except for a redevelopment area described in subsection 2, a redevelopment plan, and any amendments to the plan, adopted on or after January 1, 1991, by an agency of a county whose population is 700,000 or more or a city whose population is 220,000 or more but less than 500,000 located in a county whose population is 700,000 or more that meets the requirement of subsection 4 must terminate not later than 45 years after the date on which the original redevelopment plan is adopted.

4. A redevelopment plan, and any amendments to the plan, may terminate on the date prescribed by subsection 3 only if the legislative body adopts an extension of the redevelopment plan by ordinance.

Sec. 4.7. NRS 279.444 is hereby amended to read as follows:

279.444 1. As an alternative to the appointment of five members of the agency pursuant to NRS 279.440 and as an alternative to the procedures set forth in NRS 279.443, the legislative body may, at the time of the adoption of a resolution pursuant to NRS 279.428, or at any time thereafter, declare itself to be the agency, in which case, all the rights, powers, duties, privileges and immunities vested by this chapter in an agency are vested in the legislative body of the community. If the legislative body of a city declares itself to be the agency pursuant to this subsection, it may include the mayor of the city as part of the agency regardless of whether the mayor is a member of the legislative body.

2. A [city] community may enact its own procedural ordinance and exercise the powers granted by this chapter.

3. An agency may delegate to a community any of the powers or functions of the agency with respect to the planning or undertaking of a redevelopment project in the area in which that community is authorized to act, and that community may carry out or perform those powers or functions for the agency.

Sec. 5. NRS 279.482 is hereby amended to read as follows:

279.482 1. An agency may obligate lessees or purchasers of property acquired in a redevelopment project to:

(a) Use the property for the purpose designated in the redevelopment plans.

(b) Begin the redevelopment of the area within a period of time which the agency fixes as reasonable.

(c) Comply with other conditions which the agency deems necessary to carry out the purposes of this chapter, including, without limitation, the provisions of an employment plan or a contract approved for a redevelopment project.

2. Except as otherwise provided in [NRS 279.6094,] section 2 of this act, as appropriate for the particular project, each proposal for a redevelopment project must also include an employment plan. The employment plan must include:

(a) A description of the existing opportunities for employment within the area;

(b) A projection of the effect that the redevelopment project will have on opportunities for employment within the area; and

(c) A description of the manner in which an employer relocating a business into the area plans to employ persons living within the area of operation who:

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ê2021 Statutes of Nevada, Page 2164 (CHAPTER 361, AB 335)ê

(1) Are economically disadvantaged;

(2) Have [a physical] any disability;

(3) Are members of racial minorities;

(4) Are veterans; or

(5) Are women . [; and

(d) For a redevelopment project undertaken in a redevelopment area of a city whose population is 500,000 or more, a description of the manner in which:

(1) The developer will, in hiring for construction jobs for the project, use its best efforts to hire veterans and other persons of both sexes and diverse ethnicities living within the redevelopment area, an area in the city for which the legislative body has adopted a specific plan for neighborhood revitalization or which is eligible for a community development block grant pursuant to 24 C.F.R. Part 570, or the Southern Nevada Enterprise Community; and

(2) Each employer relocating a business into the area will use its best efforts to hire veterans and other persons of both sexes and diverse ethnicities living within any of the areas described in subparagraph (1).

3. A description provided pursuant to paragraph (d) of subsection 2 must include an agreement by the developer or employer to offer and conduct training for the residents described in that paragraph or make a good faith effort to provide such training through a program of training that is offered by a governmental agency and reasonably available to the developer or employer.]

Sec. 6. NRS 279.6092 is hereby amended to read as follows:

279.6092 The provisions of NRS 279.6092 to 279.6099, inclusive, and sections 2, 3 and 4 of this act, apply only to a redevelopment project undertaken in a redevelopment area of a city whose population is 500,000 or more.

Sec. 7. NRS 279.6094 is hereby amended to read as follows:

279.6094 A public agency that uses redevelopment funds for the design or construction of a redevelopment project being built as a public work pursuant to chapter 338 of NRS shall submit an employment plan pursuant to [NRS 279.482.] section 2 of this act.

Sec. 8. NRS 232.860 is hereby amended to read as follows:

232.860 The Commission shall, within the limits of available money:

1. Study matters affecting the social and economic welfare and well-being of minorities residing in the State of Nevada;

2. Collect and disseminate information on activities, programs and essential services available to minorities in the State of Nevada;

3. Study the:

(a) Availability of employment for minorities in this State, and the manner in which minorities are employed;

(b) Manner in which minorities can be encouraged to start and manage their own businesses successfully; and

4. In cooperation with the Nevada Equal Rights Commission, act as a liaison to inform persons regarding:

(a) The laws of this State that prohibit discriminatory practices; and

(b) The procedures pursuant to which aggrieved persons may file complaints or otherwise take action to remedy such discriminatory practices;

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ê2021 Statutes of Nevada, Page 2165 (CHAPTER 361, AB 335)ê

5. To the extent practicable, strive to create networks within the business community between businesses that are owned by minorities and businesses that are not owned by minorities;

6. Analyze the information provided in the employment plans and reports for a redevelopment project submitted pursuant to sections 2, 3 and 4 of this act;

7. Advise the Governor on matters relating to minorities and of concern to minorities; and

[7.] 8. Recommend proposed legislation to the Governor.

Sec. 9. (Deleted by amendment.)

Sec. 9.5. Section 8 of the Southern Nevada Enterprise Community Infrastructure Improvement Act, being chapter 407, Statutes of Nevada 2007, as amended by chapter 481, Statutes of Nevada 2009, at page 2771, is hereby amended to read as follows:

Sec. 8. 1. The Southern Nevada Enterprise Community Board is hereby created.

2. The Board consists of nine members, appointed in consultation with residents of the Community, as follows:

(a) One member of the Nevada Congressional Delegation selected from among its membership or his or her designee;

(b) One member of the Assembly and one member of the Senate who represent the Community selected by the Legislative Commission;

(d) One member of the Las Vegas City Council from among its membership;

(e) One member of the North Las Vegas City Council from among its membership;

(f) Two persons who are residents of the Community [, recommended and selected by the Stop the F Street Closure, LLC;] or residents of an area that is located within 10 miles of the Community; and

(g) A representative of the private sector appointed by the Chamber of Commerce established in the Community.

3. Each member of the Board serves for a term of 3 years. A vacancy on the Board must be filled in the same manner as the original appointment. A member may be reappointed to the Board.

4. The members of the Board shall elect a Chair and Vice Chair by majority vote. After the initial election, the Chair and Vice Chair shall hold office for a term of 1 year beginning on August 1 of each year. If a vacancy occurs in the office of Chair or Vice Chair, the members of the Board shall elect a Chair or Vice Chair, as appropriate, from among its members for the remainder of the unexpired term.

5. The City of Las Vegas shall provide administrative support for the Board.

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ê2021 Statutes of Nevada, Page 2166ê

CHAPTER 362, AB 342

Assembly Bill No. 342–Committee on Judiciary

CHAPTER 362

[Approved: June 4, 2021]

AN ACT relating to parole; revising the frequency of the review of standards adopted by the State Board of Parole Commissioners relating to the granting and revocation of parole; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law requires the State Board of Parole Commissioners: (1) to adopt by regulation standards to assist the Board in determining whether to grant or revoke parole; and (2) to review the effectiveness of those standards on or before January 1 of each odd-numbered year. (NRS 213.10885) Section 1 of this bill revises the frequency of the review of the standards adopted by the Board by providing that the standards must be reviewed at least once every 5 years.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 213.10885 is hereby amended to read as follows:

213.10885 1. The Board shall adopt by regulation specific standards for each type of convicted person to assist the Board in determining whether to grant or revoke parole. The regulations must include standards for determining whether to grant or revoke the parole of a convicted person:

(a) Who committed a capital offense.

(b) Who was sentenced to serve a term of imprisonment for life.

(d) Who was convicted as a habitual criminal.

(e) Who is a repeat offender.

(f) Who was convicted of any other type of offense.

Ê The standards must be based upon objective criteria for determining the person’s probability of success on parole.

2. In establishing the standards, the Board shall consider the information on decisions regarding parole that is compiled and maintained pursuant to NRS 213.10887 and all other factors which are relevant in determining the probability that a convicted person will live and remain at liberty without violating the law if parole is granted or continued. The other factors the Board considers must include, but are not limited to:

(a) The severity of the crime committed;

(b) The criminal history of the person;

(d) Any previous parole violations or failures;

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ê2021 Statutes of Nevada, Page 2167 (CHAPTER 362, AB 342)ê

(e) Any potential threat to society or to the convicted person; and

(f) The length of his or her incarceration.

3. In determining whether to grant parole to a convicted person, the Board shall not consider whether the person has appealed the judgment of imprisonment for which the person is being considered for parole.

4. The standards adopted by the Board must provide for a greater punishment for a convicted person who has a history of repetitive criminal conduct or who commits a serious crime, with a violent crime considered the most serious, than for a convicted person who does not have a history of repetitive crimes and did not commit a serious crime.

5. The Board shall make available to the public a sample of the form the Board uses in determining the probability that a convicted person will live and remain at liberty without violating the law if parole is granted or continued.

6. [On or before January 1 of each odd-numbered year,] At least once every 5 years, the Board shall review comprehensively the standards adopted by the Board. The review must include a determination of whether the standards are effective in predicting the probability that a convicted person will live and remain at liberty without violating the law if parole is granted or continued. If a standard is found to be ineffective, the Board shall not use that standard in its decisions regarding parole and shall adopt revised standards as soon as practicable after the review.

7. The Board shall report to each regular session of the Legislature:

(a) The number and percentage of the Board’s decisions that conflicted with the standards;

(b) The results and conclusions from the Board’s review pursuant to subsection 6; and

(c) Any changes in the Board’s standards, policies, procedures, programs or forms that have been or will be made as a result of the review.

Secs. 2 and 3. (Deleted by amendment.)

Sec. 4. This act becomes effective on July 1, 2021.

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ê2021 Statutes of Nevada, Page 2168ê

CHAPTER 363, AB 349

Assembly Bill No. 349–Assemblyman Watts

CHAPTER 363

[Approved: June 4, 2021]

AN ACT relating to motor vehicles; revising provisions that govern an owner of an Old Timer vehicle, classic rod or classic car, including providing that such vehicles are exempt from the provisions governing the control of emissions from engines as long as they are not used for general transportation and further providing that such vehicles which are used for general transportation shall not be issued special license plates, except in certain situations, and instead must comply with the provisions governing the control of emissions from engines; authorizing the Department of Motor Vehicles to impose by regulation a fee of not more than $2 for the issuance and renewal of a license to inspect motor vehicles and devices for the control of pollution for certain additional locations; exempting a new motor vehicle from emissions testing for the first 3 years of the life of the motor vehicle and then requiring that emissions testing be conducted on new motor vehicles annually after the fourth registration of the motor vehicle; requiring certain fees charged for certain electronic monitoring programs to be equal in amount to the fee charged for forms certifying emission control compliance; authorizing certain boards of county commissioners to impose an additional fee for certain actions; requiring the Department to collect the additional fee on behalf of the county and distribute to the county any money obtained as a result of the additional fee; requiring any money received from such an additional fee to be used by the county to support certain programs that seek to reduce emissions from a motor vehicle; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law authorizes special license plates and registration certificates to be issued to residents of Nevada for antique motor vehicles that qualify as Old Timer vehicles, classic rods or classic vehicles. (NRS 482.381, 482.3814, 482.3816) Existing law provides that such vehicles are exempt from certain regulations governing exhaust emissions, fuel evaporative emissions and visible emissions of smoke from certain engines if the owner of the vehicle certifies to the Department of Motor Vehicles that the vehicle was not driven more than 5,000 miles during the immediately preceding year. (NRS 445B.760) Sections 1, 3 and 4 of this bill provide that such motor vehicles must not be used for general transportation, defined as being driven more than 5,000 miles during the immediately preceding year, but may be used for club activities, exhibitions, tours, parades or similar activities and for such other uses as are necessary for the operation and maintenance of the vehicle. Sections 1, 3 and 4 provide that such motor vehicles not used for general transportation are exempt from the provisions governing the control of emissions from engines and that, if the owner of such a motor vehicle elects to use the motor vehicle for general transportation, he or she: (1) shall not be issued special license plates or a registration certificate; and (2) must comply with the provisions governing the control of emissions from engines. Existing law requires that such vehicles being used for general transportation and required to comply with the provisions governing the control of emissions from engines which fail the emissions test shall not be issued the special license plates for a period of 90 days after failing the emissions test.

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ê2021 Statutes of Nevada, Page 2169 (CHAPTER 363, AB 349)ê

special license plates for a period of 90 days after failing the emissions test. (NRS 482.2655) Sections 1, 3 and 4 provide that this 90-day period is an exception to the prohibition for issuing a special license plate to a vehicle that is used for general transportation.

Sections 1, 3 and 4 require for the issuance of special license plates and a registration certificate for an Old Timer vehicle, classic rod or classic vehicle that the motor vehicle must have proof satisfactory to the Department that the vehicle is covered by insurance that: (1) is designed or designated specifically for classic or antique vehicles; or (2) includes an endorsement that is designed or designated specifically for classic or antique vehicles.

Existing law provides that an approved inspector is a person who is licensed by the Department to inspect motor vehicles and devices for the control of pollution for an authorized station or authorized inspection station. (NRS 445B.705) Existing law requires the Department, in cooperation with the State Environmental Commission, to adopt regulations which provide for any fee, bond or insurance which is necessary to carry out the provisions governing the control of emissions from engines. (NRS 445B.785) Existing regulations establish a $25 fee for the initial issuance and biennial renewal of an inspector’s license. If an inspector who has paid the $25 fee wishes to be licensed at one or more locations in addition to the location for which the initial license was issued, existing regulations provide that the fee for the issuance and biennial renewal of an inspector’s license for each additional location is $10. (NAC 445B.499) Section 7 of this bill caps the fee for the issuance and renewal of an inspector’s license for each additional location at $2.

Existing law requires the State Environmental Commission, in cooperation with the Department and any local air pollution control agency, to adopt regulations for the control of emissions from motor vehicles in areas designated by the Commission that are in any county whose population is 100,000 or more (currently Clark and Washoe Counties). (NRS 445B.770) Existing law also authorizes the Commission to exempt designated classes of motor vehicles, including classes based upon the year of manufacture of motor vehicles, from having to comply with the emissions standards. (NRS 445B.825) Existing regulations exempt new motor vehicles from compliance with emissions standards until the third registration of the vehicle, which is the first 2 years of the life of the motor vehicle. (NAC 445B.592) Section 9 of this bill exempts new motor vehicles from the test of emissions conducted by the Department until the fourth registration of the vehicle, which is the first 3 years of the life of the motor vehicle, and requires the Department to conduct the test annually after the fourth registration of the motor vehicle. Finally, section 9 makes a technical change to reference a federal regulation relating to the exemption afforded to hybrid electric vehicles. Sections 5 and 8 of this bill make conforming changes.

Existing law requires certain fees to be paid to the Department and accounted for in the Pollution Control Account where a program governing the control of emissions from engines is commenced. Existing law requires a fee of $6 for each form issued to a fleet station. (NRS 445B.830) Existing law authorizes the Commission, in a county whose population is 100,000 or more (currently Clark and Washoe Counties) to adopt regulations to establish a voluntary program of electronic monitoring of emission information from certain vehicles. Existing law requires the Department to charge an annual fee of $6 for each vehicle electronically monitored in such a manner. (NRS 445B.767) Section 5.5 of this bill instead requires the Department to charge an annual fee that is equal in amount to the fee for each form issued to a fleet station.

Existing law requires a board of county commissioners, if the board is authorized to impose an additional fee for each form certifying emission control compliance, to ensure that 2 percent of any such fee is retained as a commission by the authorized station or authorized inspection station that performs the inspection pursuant to which the form certifying emission control compliance is issued. (NRS 445B.834) Section 10.5 of this bill authorizes the board of county commissioners for a county whose population is 100,000 or more (currently Clark and Washoe Counties) to impose by ordinance an additional fee for each form certifying emission control compliance. Section 10.5 requires a board that imposes such an additional fee to notify the Department for the purposes of collecting and distributing the fee.

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ê2021 Statutes of Nevada, Page 2170 (CHAPTER 363, AB 349)ê

Department for the purposes of collecting and distributing the fee. Section 10.3 of this bill requires the Department: (1) upon receiving such a notification, to collect the additional fee on behalf of the county; (2) to account separately for the additional fee in the Pollution Control Account; and (3) to make quarterly distributions to each applicable county of money equal to the amount of the additional fees that were collected on behalf of the county. Section 10.5 provides that, if such an additional fee is imposed, the board shall use the money received from the additional fee to support the programs of local air pollution control agencies to reduce emissions from a motor vehicle with at least 50 percent of such money being used to support the programs of local air pollution control agencies to reduce emissions from a motor vehicle for the benefit of historically underserved communities. Section 10.5 additionally removes a requirement that a board of county commissioners ensure that 2 percent of any such fee is retained as a commission by the authorized station or authorized inspection station that performs the inspection pursuant to which the form certifying emission control compliance is issued.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 482.381 is hereby amended to read as follows:

482.381 1. Except as otherwise provided in [NRS 482.2655,] subsection 4, the Department may issue special license plates and registration certificates to residents of Nevada for any motor vehicle which [is] :

(a) Is a model manufactured more than 40 years before the date of application for registration pursuant to this section [.] ; and

(b) Has proof satisfactory to the Department that the vehicle is covered by insurance that meets the requirements of NRS 485.185 and that:

(1) Is designed or designated specifically for a classic or antique vehicle; or

(2) Includes an endorsement designed or designated specifically for classic or antique vehicles.

2. Except as otherwise provided in subsection 4, any vehicle issued special license plates and a registration certificate pursuant to subsection 1 shall not be used for general transportation but may be used for:

(a) Club activities, exhibitions, tours, parades or similar activities; and

(b) Such other uses that are necessary for the operation and maintenance of the vehicle.

3. A vehicle that complies with subsection 2 is exempt from the provisions of NRS 445B.770 to 445B.815, inclusive.

4. If the owner of the vehicle elects to use the vehicle for general transportation, he or she:

(a) Except as otherwise provided in NRS 482.2655, shall not be issued special license plates and a registration certificate pursuant to subsection 1; and

(b) Shall comply with the provisions of NRS 445B.770 to 445B.815, inclusive.

5. License plates issued pursuant to this section must bear the inscription “Old Timer,” and the plates must be numbered consecutively.

[3.] 6. The Nevada Old Timer Club members shall bear the cost of the dies for carrying out the provisions of this section.

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ê2021 Statutes of Nevada, Page 2171 (CHAPTER 363, AB 349)ê

[4.] 7. The Department shall charge and collect the following fees for the issuance of these license plates, which fees are in addition to all other license fees and applicable taxes:

(a) For the first issuance............................................................................... $35

(b) For a renewal sticker.............................................................................. $10

[5.] 8. In addition to the fees required pursuant to subsection [4,] 7, the Department shall charge and collect a fee for the first issuance of the license plates for those motor vehicles exempted pursuant to [paragraph (b) of subsection 1 of NRS 445B.760] subsection 3 from the provisions of NRS 445B.770 to 445B.815, inclusive. The amount of the fee must be equal to the amount of the fee for a form certifying emission control compliance set forth in paragraph (c) of subsection 1 of NRS 445B.830.

[6.] 9. Fees paid to the Department pursuant to subsection [5] 8 must be accounted for in the Pollution Control Account created by NRS 445B.830 and distributed in accordance with subsection 6 of NRS 445B.830.

10. As used in this section, “general transportation” means a vehicle that is:

(a) Driven more than 5,000 miles during the immediately preceding year; or

(b) Used in any capacity for commercial purposes.

Sec. 2. (Deleted by amendment.)

Sec. 3. NRS 482.3814 is hereby amended to read as follows:

482.3814 1. Except as otherwise provided in [NRS 482.2655,] subsection 4, the Department may issue special license plates and registration certificates to residents of Nevada for any passenger car or light commercial vehicle:

(a) Having a manufacturer’s rated carrying capacity of 1 ton or less; [and]

(b) Manufactured not earlier than 1949, but at least 20 years before the application is submitted to the Department [.] ; and

(c) Having proof satisfactory to the Department that the vehicle is covered by insurance that meets the requirements of NRS 485.185 and that:

(1) Is designed or designated specifically for a classic or antique vehicle; or

(2) Includes an endorsement designed or designated specifically for classic or antique vehicles.

(a) Club activities, exhibitions, tours, parades or similar activities; and

(b) Such other uses that are necessary for the operation and maintenance of the vehicle.

3. A vehicle that complies with subsection 2 is exempt from the provisions of NRS 445B.770 to 445B.815, inclusive.

4. If the owner of the vehicle elects to use the vehicle as general transportation, he or she:

(a) Except as otherwise provided in NRS 482.2655, shall not be issued special license plates and a registration certificate pursuant to subsection 1; and

(b) Shall comply with the provisions of NRS 445B.770 to 445B.815, inclusive.

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ê2021 Statutes of Nevada, Page 2172 (CHAPTER 363, AB 349)ê

5. Except as otherwise provided in subsection [3,] 6, license plates issued pursuant to this section must be inscribed with the words “CLASSIC ROD” and a number of characters, including numbers and letters, as determined necessary by the Director.

[3.] 6. A person may request personalized prestige license plates issued pursuant to NRS 482.3667 instead of a special license plate issued pursuant to subsection [2] 5 if that person pays the fees for the personalized prestige license plates in addition to the fees required pursuant to this section.

[4.] 7. If, during a registration year, the holder of special plates issued pursuant to subsection [2] 5 or [3] 6 disposes of the vehicle to which the plates are affixed, the holder shall retain the plates and:

(a) Affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or

(b) Within 30 days after removing the plates from the vehicle, return them to the Department.

[5.] 8. The fee for the special license plates is $35, in addition to all other applicable registration and license fees and governmental services taxes. The fee for an annual renewal sticker is $10.

[6.] 9. In addition to the fees required pursuant to subsection [5,] 8, the Department shall charge and collect a fee for the first issuance of the special license plates for those motor vehicles exempted pursuant to [paragraph (b) of subsection 1 of NRS 445B.760] subsection 3 from the provisions of NRS 445B.770 to 445B.815, inclusive. The amount of the fee must be equal to the amount of the fee for a form certifying emission control compliance set forth in paragraph (c) of subsection 1 of NRS 445B.830.

[7.] 10. Fees paid to the Department pursuant to subsection [6] 9 must be accounted for in the Pollution Control Account created by NRS 445B.830 and distributed in accordance with subsection 6 of NRS 445B.830.

11. As used in this section, “general transportation” means a vehicle that is:

(a) Driven more than 5,000 miles during the immediately preceding year; or

(b) Used in any capacity for commercial purposes.

Sec. 4. NRS 482.3816 is hereby amended to read as follows:

482.3816 1. Except as otherwise provided in [NRS 482.2655,] subsection 4, the Department may issue special license plates and registration certificates to residents of Nevada for any passenger car or light commercial vehicle:

(a) Having a manufacturer’s rated carrying capacity of 1 ton or less;

(b) Manufactured at least 25 years before the application is submitted to the Department; [and]

(c) Containing only the original parts which were used to manufacture the vehicle or replacement parts that duplicate those original parts [.] ; and

(d) Having proof satisfactory to the Department that the vehicle is covered by insurance that meets the requirements of NRS 485.185 and that:

(1) Is designed or designated specifically for a classic or antique vehicle; or

(2) Includes an endorsement designed or designated specifically for classic or antique vehicles.

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ê2021 Statutes of Nevada, Page 2173 (CHAPTER 363, AB 349)ê

(a) Club activities, exhibitions, tours, parades or similar activities; and

(b) Such other uses that are necessary for the operation and maintenance of the vehicle.

3. A vehicle that complies with subsection 2 is exempt from the provisions of NRS 445B.770 to 445B.815, inclusive.

4. If the owner of the vehicle elects to use the vehicle as general transportation, he or she:

(a) Except as otherwise provided in NRS 482.2655, shall not be issued special license plates and a registration certificate pursuant to subsection 1; and

(b) Shall comply with the provisions of NRS 445B.770 to 445B.815, inclusive.

5. Except as otherwise provided in subsection [3,] 6, license plates issued pursuant to this section must be inscribed with the words “CLASSIC VEHICLE” and a number of characters, including numbers and letters, as determined necessary by the Director.

[4.] 7. If, during a registration period, the holder of special plates issued pursuant to subsection [2] 5 or [3] 6 disposes of the vehicle to which the plates are affixed, the holder shall retain the plates and:

(a) Affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or

(b) Within 30 days after removing the plates from the vehicle, return them to the Department.

[5.] 8. The fee for the special license plates is $35, in addition to all other applicable registration and license fees and governmental services taxes. The fee for an annual renewal sticker is $10.

11. As used in this section, “general transportation” means a vehicle that is:

(a) Driven more than 5,000 miles during the immediately preceding year; or

(b) Used for any capacity for commercial purposes.

Sec. 5. NRS 482.461 is hereby amended to read as follows:

482.461 1. [If] Except as otherwise provided in subsection 3 of NRS 445B.825, if the test conducted pursuant to NRS 445B.798 indicates that a motor vehicle which is registered in a county whose population is 100,000 or more does not comply with the provisions of NRS 445B.700 to 445B.845, inclusive, and the regulations adopted pursuant thereto, the Department shall mail to the registered owner of the vehicle a notice that the vehicle has failed the test.

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ê2021 Statutes of Nevada, Page 2174 (CHAPTER 363, AB 349)ê

motor vehicle which is registered in a county whose population is 100,000 or more does not comply with the provisions of NRS 445B.700 to 445B.845, inclusive, and the regulations adopted pursuant thereto, the Department shall mail to the registered owner of the vehicle a notice that the vehicle has failed the test.

2. The notice must include:

(a) The information set forth in subsection 3;

(b) A written statement which contains the results of the test conducted pursuant to NRS 445B.798; and

3. The Department shall rescind and cancel the registration of any motor vehicle which fails the test conducted pursuant to NRS 445B.798, unless within 30 days after the notice is mailed by the Department pursuant to subsection 2, the registered owner of the vehicle:

(a) Has the vehicle inspected by an authorized station or authorized inspection station to determine whether the vehicle complies with the provisions of NRS 445B.700 to 445B.845, inclusive, and the regulations adopted pursuant thereto; and

(b) Provides to the Department evidence of compliance issued by the authorized station or authorized inspection station certifying that the vehicle complies with the provisions of NRS 445B.700 to 445B.845, inclusive, and the regulations adopted pursuant thereto.

4. The registered owner of the vehicle shall pay the cost of the inspection required pursuant to subsection 3.

5. As used in this section:

(a) “Authorized inspection station” has the meaning ascribed to it in NRS 445B.710.

(b) “Authorized station” has the meaning ascribed to it in NRS 445B.720.

Sec. 5.5. NRS 445B.767 is hereby amended to read as follows:

445B.767 1. In any county whose population is 100,000 or more, the Commission may, in cooperation with the Department of Motor Vehicles and any local air pollution control agency, adopt regulations to establish a voluntary program of electronic monitoring of emission information, from vehicles equipped with onboard diagnostic equipment that permits such monitoring, for the purposes of compliance with this chapter.

2. The Department of Motor Vehicles shall charge an annual fee [of $6] that is equal in amount to the fee imposed pursuant to paragraph (c) of subsection 1 of NRS 445B.830 for each vehicle electronically monitored pursuant to subsection 1. Fees collected by the Department pursuant to this section must be accounted for in the Pollution Control Account created by NRS 445B.830.

Sec. 6. (Deleted by amendment.)

Sec. 7. NRS 445B.785 is hereby amended to read as follows:

445B.785 1. The Department of Motor Vehicles shall, in cooperation with the Commission, adopt regulations which:

(a) Prescribe requirements for licensing authorized inspection stations, authorized stations and fleet stations. The regulations adopted pursuant to this paragraph must provide that a facility licensed as an authorized inspection station:

(1) Except as otherwise provided in subparagraph (2), may not, unless specifically authorized by the Commission, install, repair, diagnose or adjust any component or system of a motor vehicle that affects exhaust emissions.

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ê2021 Statutes of Nevada, Page 2175 (CHAPTER 363, AB 349)ê

(2) May perform the following activities in connection with a motor vehicle:

(I) The changing of oil;

(II) The replacing of an oil filter, air filter, fuel filter, belt or hose; and

(III) The servicing of a fuel injection system using methods approved by the Division of Environmental Protection of the State Department of Conservation and Natural Resources.

(b) Prescribe the manner in which authorized inspection stations, authorized stations and fleet stations inspect motor vehicles and issue evidence of compliance.

(1) The equipment complies with any applicable standards of the United States Environmental Protection Agency; and

(2) Use of the equipment is specifically authorized by the Commission.

(d) Provide for any fee, bond or insurance which is necessary to carry out the provisions of NRS 445B.700 to 445B.815, inclusive.

(e) Provide for the issuance of a pamphlet for distribution to owners of motor vehicles. The pamphlet must contain information explaining the reasons for and the methods of the inspections.

2. The Department of Motor Vehicles shall issue a copy of the regulations to each authorized inspection station, authorized station and fleet station.

3. If an approved inspector who has paid a fee for the initial issuance of a license to inspect motor vehicles and devices for the control of pollution wishes to be licensed at one or more locations in addition to the location for which the initial issuance of the license was applicable, the regulations adopted by the Department of Motor Vehicles pursuant to this section must not impose a fee greater than $2 for the issuance and renewal of the license for each additional location.

Sec. 8. NRS 445B.798 is hereby amended to read as follows:

445B.798 [In] Notwithstanding subsection 3 of NRS 445B.825, in a county whose population is 100,000 or more, the Department of Motor Vehicles may conduct a test of the emissions from a motor vehicle which is being operated on a highway in that county to determine whether the vehicle complies with the provisions of NRS 445B.700 to 445B.845, inclusive, and the regulations adopted pursuant thereto.

Sec. 9. NRS 445B.825 is hereby amended to read as follows:

445B.825 1. The Commission may provide for exemption from the provisions of NRS 445B.770 to 445B.815, inclusive, of designated classes of motor vehicles, including, without limitation, classes based upon the year of manufacture of motor vehicles.

2. A hybrid electric vehicle, as defined in 40 C.F.R. § [86.1702-99,] 86.1803-01, is exempt from the provisions of NRS 445B.770 to 445B.815, inclusive, until the model year of the vehicle is 6 years old.

3. A new motor vehicle is exempt from the test conducted pursuant to NRS 445B.798 and the provisions of NRS 445B.770 to 445B.815, inclusive, until the fourth registration of the motor vehicle. If the Department of Motor Vehicles conducts a test pursuant to NRS 445B.798, the Department of Motor Vehicles shall conduct the test pursuant to NRS 445B.798 to determine whether the motor vehicle complies with the provisions of NRS 445B.700 to 445B.845, inclusive, and the regulations adopted pursuant thereto, annually after the fourth registration of the motor vehicle.

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ê2021 Statutes of Nevada, Page 2176 (CHAPTER 363, AB 349)ê

determine whether the motor vehicle complies with the provisions of NRS 445B.700 to 445B.845, inclusive, and the regulations adopted pursuant thereto, annually after the fourth registration of the motor vehicle.

4. The Commission shall provide for a waiver from the provisions of NRS 445B.770 to 445B.815, inclusive, if compliance involves repair and equipment costs which exceed the limits established by the Commission. The Commission shall establish the limits in a manner which avoids unnecessary financial hardship to motor vehicle owners.

5. As used in this section, “new motor vehicle” means a motor vehicle that has never been registered with the Department of Motor Vehicles and has never been registered with the appropriate agency or authority of any other state, the District of Columbia, any territory or possession of the United States or a foreign state, province or country.

Sec. 10. (Deleted by amendment.)

Sec. 10.3. NRS 445B.830 is hereby amended to read as follows:

445B.830 1. In areas of the State where and when a program is commenced pursuant to NRS 445B.770 to 445B.815, inclusive, the following fees must be paid to the Department of Motor Vehicles and accounted for in the Pollution Control Account, which is hereby created in the State General Fund:

(a) For the issuance and annual renewal of a license for an authorized inspection station, authorized station or fleet station $25

(b) For each set of 25 forms certifying emission control compliance.. 150

2. Except as otherwise provided in subsection 6, and after deduction of the amounts distributed pursuant to [subsection] subsections 4 [,] and 7, money in the Pollution Control Account may, pursuant to legislative appropriation or with the approval of the Interim Finance Committee, be expended by the following agencies in the following order of priority:

(a) The Department of Motor Vehicles to carry out the provisions of NRS 445B.770 to 445B.845, inclusive.

(b) The State Department of Conservation and Natural Resources to carry out the provisions of this chapter.

(d) Local air pollution control agencies in nonattainment or maintenance areas for an air pollutant for which air quality criteria have been issued pursuant to 42 U.S.C. § 7408, for programs related to the improvement of the quality of the air.

(e) The Tahoe Regional Planning Agency to carry out the provisions of NRS 277.200 with respect to the preservation and improvement of air quality in the Lake Tahoe Basin.

3. The Department of Motor Vehicles may prescribe by regulation routine fees for inspection at the prevailing shop labor rate, including, without limitation, maximum charges for those fees, and for the posting of those fees in a conspicuous place at an authorized inspection station or authorized station.

4. The Department of Motor Vehicles shall make quarterly distributions of money in the Pollution Control Account to local air pollution control agencies in nonattainment or maintenance areas for an air pollutant for which air quality criteria have been issued pursuant to 42 U.S.C. § 7408. The distributions of money made to agencies in a county pursuant to this subsection must be made from an amount of money in the Pollution Control Account that is equal to one-sixth of the amount received for each form issued in the county pursuant to subsection 1.

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distributions of money made to agencies in a county pursuant to this subsection must be made from an amount of money in the Pollution Control Account that is equal to one-sixth of the amount received for each form issued in the county pursuant to subsection 1.

5. Each local air pollution control agency that receives money pursuant to subsections 4 [and] , 6 and 7 shall, not later than 45 days after the end of the fiscal year in which the money is received, submit to the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee a report on the use of the money received.

6. The Department of Motor Vehicles shall make annual distributions of excess money in the Pollution Control Account to local air pollution control agencies in nonattainment or maintenance areas for an air pollutant for which air quality criteria have been issued pursuant to 42 U.S.C. § 7408, for programs related to the improvement of the quality of the air. The distributions of excess money made to local air pollution control agencies in a county pursuant to this subsection must be made in an amount proportionate to the number of forms issued in the county pursuant to subsection 1 and an amount proportionate to the amount of fees paid in the county pursuant to NRS 482.381, 482.3812, 482.3814 and 482.3816. As used in this subsection, “excess money” means:

(a) The money in excess of $1,000,000 remaining in the Pollution Control Account at the end of the fiscal year, after deduction of the amounts distributed pursuant to [subsection] subsections 4 and 7 and any disbursements made from the Account pursuant to subsection 2; and

(b) The money deposited in the Pollution Control Account by the Department of Motor Vehicles pursuant to NRS 482.381, 482.3812, 482.3814 and 482.3816.

7. If a board of county commissioners imposes an additional fee pursuant to subsection 1 of NRS 445B.834, the Department of Motor Vehicles shall:

(a) Upon receiving the notification pursuant to subsection 2 of NRS 445B.834, collect the additional fee on behalf of the county and account separately for money from the additional fee in the Pollution Control Account; and

(b) Make quarterly distributions of the money in the Pollution Control Account attributable to each county whose board of county commissioners imposed the additional fee. The distributions made pursuant to this subsection must be equal to the amount of money collected on behalf of the county pursuant to the additional fee imposed by the board of county commissioners of the county.

8. The Department of Motor Vehicles shall provide for the creation of an advisory committee consisting of representatives of state and local agencies involved in the control of emissions from motor vehicles. The committee shall:

(a) Establish goals and objectives for the program for control of emissions from motor vehicles;

(b) Identify areas where funding should be made available; and

Sec. 10.5. NRS 445B.834 is hereby amended to read as follows:

445B.834 1. [If the board of county commissioners of a county is authorized to impose an additional fee for each form certifying emission control compliance, the board shall ensure that 2 percent of any such fee it imposes is retained as a commission by the authorized station or authorized inspection station that performs the inspection pursuant to which the form certifying emission control compliance is issued.

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ê2021 Statutes of Nevada, Page 2178 (CHAPTER 363, AB 349)ê

imposes is retained as a commission by the authorized station or authorized inspection station that performs the inspection pursuant to which the form certifying emission control compliance is issued.

2.] The board of county commissioners of a county whose population is 100,000 or more may by ordinance impose an additional fee for each form certifying emission control compliance.

2. If a board of county commissioners imposes an additional fee pursuant to subsection 1, the board of county commissioners shall notify the Department of Motor Vehicles for the purposes of collecting and distributing the additional fee pursuant to subsection 7 of NRS 445B.830.

3. If a board of county commissioners imposes an additional fee pursuant to subsection 1, the board shall:

(a) Subject to the provisions of paragraph (b), use any money received from the additional fee to support the programs of local air pollution control agencies to reduce emissions from a motor vehicle; and

(b) Allocate at least 50 percent of any money received from the additional fee to support the programs of local air pollution control agencies to reduce emissions from a motor vehicle for the benefit of historically underserved communities.

4. As used in this section [, “additional] :

(a) “Additional fee” does not include any fee that is imposed pursuant to paragraph (a), (b) or (c) of subsection 1 of NRS 445B.830.

(b) “Block” means the smallest geographical unit whose boundaries were designated by the Bureau of the Census of the United States Department of Commerce in its topographically integrated geographic encoding and referencing system.

(d) “Census tract” means a combination of block groups.

(e) “Historically underserved community” means:

(1) A census tract:

(I) Designated as a qualified census tract by the United States Secretary of Housing and Urban Development pursuant to 26 U.S.C. § 42(d)(5)(B)(ii); or

(II) In which, in the immediately preceding census, at least 20 percent of households were not proficient in the English language;

(2) A community in this State with at least one public school:

(I) In which 75 percent or more of the enrolled pupils in the school are eligible for free or reduced-price lunches pursuant to 42 U.S.C. §§ 1751 et seq.; or

(II) That participates in universal meal service in high poverty areas pursuant to Section 104 of the Healthy, Hunger-Free Kids Act of 2010, Public Law 111-296; or

(3) A community in this State located on qualified tribal land, as defined in NRS 370.0325.

Sec. 11. (Deleted by amendment.)

Sec. 11.5. 1. This section and sections 2, 5 to 9, inclusive, 10.3, 10.5 and 11 of this act, become effective on October 1, 2021.

2. Section 10 of this act becomes effective on January 1, 2022.

3. Sections 1, 3 and 4 of this act become effective on January 1, 2023.

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ê2021 Statutes of Nevada, Page 2179ê

CHAPTER 364, AB 356

Assembly Bill No. 356–Committee on Ways and Means

CHAPTER 364

[Approved: June 4, 2021]

AN ACT relating to water; prohibiting, with certain exceptions, the use of water from the Colorado River to irrigate nonfunctional turf on certain property; requiring the Board of Directors of the Southern Nevada Water Authority to develop a plan for the removal of nonfunctional turf on certain property; creating and setting forth the duties of the Nonfunctional Turf Removal Advisory Committee; requiring the Legislative Committee on Public Lands to conduct a study concerning water conservation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law authorizes public agencies to enter into cooperative agreements to perform any governmental service, activity or undertaking which the public agency is authorized to perform under law and, pursuant to which, the Southern Nevada Water Authority was created. (NRS 277.080-277.180) Section 39 of this bill prohibits, with certain exceptions, the waters of the Colorado River that are distributed by the Southern Nevada Water Authority or one of the member agencies of the Southern Nevada Water Authority from being used to irrigate nonfunctional turf on any property that is not zoned exclusively for a single-family residence on and after January 1, 2027. Section 39 also requires the Board of Directors of the Southern Nevada Water Authority to: (1) define nonfunctional and functional turf for the purposes of this prohibition; and (2) develop a plan to identify and facilitate the removal of nonfunctional turf within the service area of the Southern Nevada Water Authority on property that is not zoned exclusively for a single-family residence before December 31, 2026, in phases based on the categories of water users. Section 39 further authorizes the Board of Directors to approve an extension or waiver from: (1) the prohibition on the use of waters from the Colorado River to irrigate nonfunctional turf; and (2) the provisions of the plan developed by the Board of Directors for the removal of nonfunctional turf.

Section 40 of this bill creates the Nonfunctional Turf Removal Advisory Committee. Section 41 of this bill sets forth the duties of the Advisory Committee.

Sections 37 and 38 of this bill define certain terms for the purposes of sections 36-41 of this bill.

Under existing law, the Legislative Committee on Public Lands is authorized to review and comment on laws, regulations and policies relating to the use, allocation and management of water in this State. (NRS 218E.525) Section 42 of this bill requires the Legislative Committee on Public Lands to conduct a study concerning water conservation and to submit a report of its findings and any recommendations for legislation to the 82nd Session of the Nevada Legislature.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Sections 1-35. (Deleted by amendment.)

Sec. 36. As used in sections 36 to 41, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 37 and 38 of this act have the meanings ascribed in those sections.

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ê2021 Statutes of Nevada, Page 2180 (CHAPTER 364, AB 356)ê

Sec. 37. “Board of Directors” means the Board of Directors of the Southern Nevada Water Authority.

Sec. 38. “Southern Nevada Water Authority” means the political subdivision of the State of Nevada created on July 25, 1991, by a cooperative agreement entered into on that date pursuant to the provisions of NRS 277.080 to 277.180, inclusive.

Sec. 39. 1. Except as otherwise provided in this section, on and after January 1, 2027, the waters of the Colorado River distributed by the Southern Nevada Water Authority or one of the member agencies of the Southern Nevada Water Authority may not be used to irrigate nonfunctional turf on any property that is not zoned exclusively for a single-family residence.

2. The Board of Directors shall:

(a) Define “functional turf” and “nonfunctional turf” for the purposes of subsection 1 and promulgate the definitions in the service rules of the member agencies of the Southern Nevada Water Authority; and

(b) Develop a plan to identify and facilitate the removal of existing nonfunctional turf within the service area of the Southern Nevada Water Authority on property that is not zoned exclusively for a single-family residence. The plan must, without limitation:

(1) Establish phases for the removal of nonfunctional turf based on categories of water users; and

(2) Establish deadlines within the service area of the Southern Nevada Water Authority for existing customers to remove nonfunctional turf on property that is not zoned exclusively for a single-family residence before December 31, 2026.

3. The Board of Directors may approve an extension or a waiver from:

(a) The prohibition set forth in subsection 1; and

(b) The provisions of the plan developed pursuant to subsection 2.

4. The provisions of this section do not prohibit a person from:

(a) Complying with any requirement adopted by the governing body of a county or city pursuant to chapter 278 of NRS to maintain open space or drought tolerant landscaping on any property that is not zoned exclusively for a single family residence; or

(b) Using alternative sources of water to irrigate nonfunctional turf on and after January 1, 2027, on any property that is not zoned exclusively for a single-family residence.

Sec. 40. 1. The Nonfunctional Turf Removal Advisory Committee is hereby created. The Advisory Committee consists of the following nine voting members appointed by the Board of Directors:

(a) One member who represents an office park with existing nonfunctional turf at the time the member is appointed;

(b) One member who represents an organization representing businesses;

(c) One member who represents an industrial or commercial business with existing nonfunctional turf at the time the member is appointed;

(d) Two members who represent a common-interest community with existing nonfunctional turf at the time the member is appointed;

(e) One member who represents multi-family housing with existing nonfunctional turf at the time the member is appointed;

(f) One member who represents an environmental organization;

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ê2021 Statutes of Nevada, Page 2181 (CHAPTER 364, AB 356)ê

(g) One member who represents a local government with existing nonfunctional turf at the time the member is appointed; and

(h) One member who represents a golf course with existing nonfunctional turf at the time the member is appointed.

2. Members of the Advisory Committee serve without compensation.

Sec. 41. The Nonfunctional Turf Removal Advisory Committee:

1. Shall discuss issues related to the use and removal of nonfunctional turf by each water use sector, including, without limitation, issues relating to the plan developed pursuant to section 39 of this act to identify and remove nonfunctional turf; and

2. May provide written recommendations to the Board of Directors regarding the plan developed pursuant to section 39 of this act, including, without limitation, any recommendations for waivers or exemptions to the provisions of section 39 of this act. Any recommendation made by the Advisory Committee must be approved by a majority vote of all of the voting members of the Advisory Committee. Any dissenting opinion of a member of the Advisory Committee to a recommendation must be fully documented and included with the recommendation to the Board of Directors.

Sec. 42. 1. The Legislative Committee on Public Lands shall conduct a study during the 2021-2022 interim concerning water conservation in this State. The study must include, without limitation, an examination of:

(a) The management of water resources in this State; and

(b) Programs and policies to promote water conservation in this State that also protect and support existing water rights.

2. In addition to any report required by NRS 218E.525, the Committee shall, on or before February 1, 2023, submit a report of its findings and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmittal to the 82nd Session of the Nevada Legislature.

Sec. 43. 1. This section and sections 36 to 39, inclusive, of this act become effective upon passage and approval.

2. Sections 1 to 35, inclusive, of this act become effective:

(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

(b) On July 1, 2021, for all other purposes.

3. Sections 40 and 41 of this act become effective:

(a) Upon passage and approval; and

(b) Expire by limitation on December 31, 2026.

4. Section 42 of this act becomes effective on July 1, 2021.

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ê2021 Statutes of Nevada, Page 2182ê

CHAPTER 365, AB 357

Assembly Bill No. 357–Assemblyman Frierson

CHAPTER 365

[Approved: June 4, 2021]

AN ACT relating to consumer protection; creating the Consumer Protection Legal Account in the Office of the Attorney General and prescribing the use of money in the Account; creating the Consumer Protection Administrative Account in the Bureau of Consumer Protection within the Office of the Attorney General and prescribing the use of money in the Account; revising provisions relating to the distribution of money received from certain settlements and litigation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law: (1) creates the Bureau of Consumer Protection within the Office of the Attorney General; and (2) provides that the executive head of the Bureau of Consumer Protection is the Consumer’s Advocate, who may generally exercise the power of the Attorney General in areas of consumer protection and enforcement. (NRS 228.310, 228.380) Existing law also creates the Attorney General’s Special Fund, a special revenue fund which may be used in part for certain litigation expenses. (NRS 228.096, 598A.260) Existing law additionally provides that: (1) in certain actions brought by the Attorney General involving deceptive trade practices or unfair trade practices, any fees, civil penalties and any other money collected must be deposited in the State Treasury, in either the State General Fund or the Attorney General’s Special Fund; and (2) any balance above certain dollar amounts must revert from the Attorney General’s Special Fund to the State General Fund. (NRS 598.0975, 598A.260) This bill creates two new accounts to be used for consumer protection and the prevention of fraud.

Section 2 of this bill creates the Consumer Protection Legal Account in the Office of the Attorney General. Section 3 provides that the money in the Account must be allocated to: (1) the Office of the Attorney General or the Consumer’s Advocate to be used for consumer protection and efforts to prevent fraud including, without limitation, to pay for necessary staff to carry out such consumer protection and efforts to prevent fraud; and (2) to certain legal aid organizations, in certain percentages, to be used for consumer protection and efforts to prevent fraud. Under section 3, beginning on July 1, 2023, the money allocated to the Office of the Attorney General or the Consumer’s Advocate may be used to pay for necessary staff to carry out consumer protection and efforts to prevent fraud and if the amount of money allocated from the Account to pay for necessary staff to carry out such consumer protection and efforts to prevent fraud exceeds the amount required to pay for 120 days of operating costs for necessary staff to perform those actions, any such excess amount may be used to pay for additional purposes relating to consumer protection and efforts to prevent fraud. Also, under section 3, each legal aid organization receiving money from the Account is required to: (1) submit semiannual reports to the Office of the Attorney General that summarize activities undertaken by the legal aid organization and include certain information; and (2) submit an audited statement regarding the use of money received from the Account during the previous calendar year.

Section 4 of the bill creates the Consumer Protection Administrative Account in the Bureau of Consumer Protection. Section 4: (1) requires the deposit of certain money from settlements and litigation into the Account; and (2) provides that any balance in excess of $500,000 in the Account on June 30 and December 31 of each year, and at any other time in the discretion of the Consumer’s Advocate, reverts to the Consumer Protection Legal Account.

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ê2021 Statutes of Nevada, Page 2183 (CHAPTER 365, AB 357)ê

year, and at any other time in the discretion of the Consumer’s Advocate, reverts to the Consumer Protection Legal Account. Section 5 of this bill makes conforming changes to indicate the placement of sections 2, 3 and 4 within the Nevada Revised Statutes.

Sections 6 and 7 of this bill reallocate money collected in certain actions brought by the Attorney General involving deceptive trade practices or unfair trade practices and provide that such money must be deposited in the Consumer Protection Administrative Account rather than the State General Fund or the Attorney General’s Special 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 228 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

Sec. 2. 1. The Consumer Protection Legal Account is hereby created in the Office of the Attorney General.

2. All interest earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.

3. Money that remains in the Account at the end of the 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.

Sec. 3. 1. After any reversion of money from the Consumer Protection Administrative Account to the Consumer Protection Legal Account in accordance with subsection 3 of section 4 of this act, the Attorney General shall allocate the money in the Consumer Protection Legal Account as follows:

(a) Fifty percent to the Office of the Attorney General or the Consumer’s Advocate, to be used for consumer protection and efforts to prevent fraud, including, without limitation, education, investigation, enforcement and litigation. Beginning on July 1, 2023, the Office of the Attorney General or the Consumer’s Advocate, as applicable:

(1) May use money allocated pursuant to this paragraph to pay for necessary staff pursuant to NRS 228.330 to carry out such consumer protection and efforts to prevent fraud; and

(2) If the amount of money in the Account that is allocated pursuant to this paragraph exceeds the amount required to pay for 120 days of operating costs for necessary staff to carry out such consumer protection and efforts to prevent fraud, may use any such excess amount of money for additional purposes relating to consumer protection and efforts to prevent fraud.

(b) Fifty percent to the following legal aid organizations, or their successors, in the following percentages:

(1) Seventy percent to the organization operating the program for legal services in a county whose population is 700,000 or more that receives the fees charged pursuant to NRS 19.031 for programs for the indigent, to be used to provide legal services in a county whose population is 700,000 or more;

(2) Nineteen percent to the organization operating the program for legal services in counties whose population is less than 100,000 that receive the fees charged pursuant to NRS 19.031 for programs for the indigent, to be used to provide legal services in those counties; and

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ê2021 Statutes of Nevada, Page 2184 (CHAPTER 365, AB 357)ê

(3) Eleven percent to the organization operating the program for legal services in a county whose population is 100,000 or more but less than 700,000 that receives the fees charged pursuant to NRS 19.031 for programs for the indigent, to be used to provide legal services in a county whose population is 100,000 or more but less than 700,000.

2. Each legal aid organization listed in paragraph (b) of subsection 1 shall:

(a) Use the money received from the Account for consumer protection and efforts to prevent fraud, including, without limitation, education and litigation; and

(b) On or before January 1 and July 1 of each year, submit a report to the Office of the Attorney General that includes a detailed summary of all activities undertaken by the legal aid organization during the previous 6-month period with the money received from the Account, including, without limitation:

(1) Activities relating to consumer protection and the prevention of fraud;

(2) Litigation;

(3) Educational activities;

(4) Statistical information on the number of persons served; and

(5) An accounting of the use of the money, including, without limitation, the specific amount of money used for salaries, costs and expenses.

3. On or before July 1 of each year, each legal aid organization listed in paragraph (b) of subsection 1 shall submit to the Office of the Attorney General an audited statement regarding the use of money received from the Account during the previous calendar year.

4. The Office of the Attorney General is entitled to audit, examine or inspect the books and records of each legal aid organization listed in paragraph (b) of subsection 1 at any time regarding the use of money received from the Account.

Sec. 4. 1. The Consumer Protection Administrative Account is hereby created in the Bureau of Consumer Protection.

2. Except as otherwise provided in this section, all money collected from attorney’s fees and costs, after reimbursement to retained attorneys or law firms in any matter including attorney’s fees and costs in a matter that is the subject of a contingent fee contract pursuant to NRS 228.1116, and from all recoveries, except recoveries of restitution, recoveries made with the use of retained attorneys or law firms in any matter that is the subject of a contingent fee contract pursuant to NRS 228.1116, or otherwise directed by a court order from the administration and enforcement of chapters 598 and 598A of NRS, must be deposited into the Account.

3. On June 30 and December 31 of each year, and at any other time in the discretion of the Consumer’s Advocate, any amount in excess of $500,000 in the Account reverts to the Consumer Protection Legal Account created by section 2 of this act.

Sec. 5. NRS 228.300 is hereby amended to read as follows:

228.300 As used in NRS 228.300 to 228.390, inclusive, and sections 2, 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 228.302 to 228.308, inclusive, have the meanings ascribed to them in those sections.

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ê2021 Statutes of Nevada, Page 2185 (CHAPTER 365, AB 357)ê

Sec. 6. NRS 598.0975 is hereby amended to read as follows:

598.0975 1. Except as otherwise provided in subsection 3 and in subsection 1 of NRS 598.0999, all fees, civil penalties and any other money collected pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive:

(a) In an action brought by the Attorney General, must be deposited in the [State General Fund and may only be used to offset the costs of administering and enforcing the provisions of NRS 598.0903 to 598.0999, inclusive, by the Attorney General, or for any other purpose authorized by the Legislature.] Consumer Protection Administrative Account pursuant to section 4 of this act.

(b) In an action brought by the district attorney of a county, must be deposited with the county treasurer of that county and accounted for separately in the county general fund.

2. Money in the account created pursuant to paragraph (b) of subsection 1 must be used by the district attorney of the county for:

(a) The investigation and prosecution of deceptive trade practices against elderly persons or persons with disabilities; and

(b) Programs for the education of consumers which are directed toward elderly persons or persons with disabilities, law enforcement officers, members of the judicial system, persons who provide social services and the general public.

3. The provisions of this section do not apply to:

(a) Criminal fines imposed pursuant to NRS 598.0903 to 598.0999, inclusive; or

(b) Restitution ordered pursuant to NRS 598.0903 to 598.0999, inclusive, in an action brought by the Attorney General. Money collected for restitution ordered in such an action must be deposited by the Attorney General and credited to the appropriate account of the Consumer Affairs Division of the Department of Business and Industry or the Attorney General for distribution to the person for whom the restitution was ordered.

Sec. 7. NRS 598A.260 is hereby amended to read as follows:

598A.260 [1.] All money obtained as awards, damages or civil penalties for the State of Nevada and its agencies by the Attorney General as a result of enforcement of statutes pertaining to unfair trade practices, whether by final judgment, settlement or otherwise, must be deposited in the [State Treasury as follows:

(a) All attorney’s fees and costs and 50 percent of all recoveries for credit to the Attorney General’s Special Fund.

(b) The balance of the recoveries for credit to the State General Fund.

2. Money deposited in the State Treasury for credit to the Attorney General’s Special Fund pursuant to subsection 1 must be used for payment of the expenses of enforcing the statutes pertaining to unfair trade practices and NRS 228.500 to 228.640, inclusive. Those expenses which are in excess of the amount available in the Fund must be paid out of the legislative appropriation for the support of the Office of Attorney General.

3. On June 30 of each fiscal year, any amount in excess of $450,000 in the Attorney General’s Special Fund of the money collected pursuant to subsection 1 reverts to the State General Fund.

4. The balance of the money in the Attorney General’s Special Fund that is collected pursuant to subsection 1 must not exceed $500,000. If money deposited in the State Treasury for credit to the Attorney General’s Special Fund pursuant to subsection 1 would cause that balance to exceed $500,000 if credited to the Fund, the amount of the deposit which would cause the balance to exceed $500,000 immediately reverts to the State General Fund.]

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ê2021 Statutes of Nevada, Page 2186 (CHAPTER 365, AB 357)ê

$500,000 if credited to the Fund, the amount of the deposit which would cause the balance to exceed $500,000 immediately reverts to the State General Fund.] Consumer Protection Administrative Account pursuant to section 4 of this act.

Sec. 8. Any money in the Consumer Protection Legal Account that is allocated to the Office of the Attorney General or the Consumer’s Advocate pursuant to paragraph (a) of subsection 1 of section 3 of this act on or after July 1, 2021, and before July 1, 2023, must be held in reserve until the money can be used beginning on July 1, 2023, in accordance with the provisions of paragraph (a) of subsection 1 of section 3 of this act.

Sec. 9. This act becomes effective on July 1, 2021.

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CHAPTER 366, AB 358

Assembly Bill No. 358–Assemblyman Frierson

CHAPTER 366

[Approved: June 4, 2021]

AN ACT relating to Medicaid; requiring the suspension, rather than termination, of eligibility for Medicaid of a person who is incarcerated; authorizing a person who is incarcerated, in certain circumstances, to apply for enrollment in Medicaid before he or she is released; revising the requirement for the Director of the Department of Corrections to complete the paperwork to enroll such a person in Medicaid; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law requires the Department of Health and Human Services to administer Medicaid and cooperate with the Federal Government in adopting the State Plan for Medicaid. (NRS 422.270) Section 1 of this bill provides that, to the extent not prohibited by federal law: (1) the eligibility for Medicaid of a person must be suspended, rather than terminated, when a person is incarcerated; (2) a person who is incarcerated and who was not eligible for Medicaid before being incarcerated or whose eligibility for Medicaid has been terminated must be allowed to apply for enrollment in Medicaid up to 6 months before his or her scheduled release date; and (3) eligibility for and coverage under Medicaid for a person who is released from incarceration must be reinstated or instituted, as applicable, as soon as possible upon release. Section 3 of this bill makes a conforming change to require the provisions of section 1 to be administered in the same manner as the provisions of existing law governing Medicaid.

Existing law requires the Director of the Department of Corrections to complete the application to enroll an offender in Medicaid upon release if the offender is eligible for Medicaid at that time. (NRS 209.511) Section 2 of this bill revises this requirement by requiring the Director to complete such an application as soon as practicable after the offender is authorized to enroll in Medicaid pursuant to section 1 if the offender may be eligible for Medicaid upon release.

Section 3.5 of this bill makes an appropriation to the Department of Corrections for personnel and other costs related to assisting offenders with eligibility assessments and applications for enrollment in Medicaid.

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ê2021 Statutes of Nevada, Page 2187 (CHAPTER 366, AB 358)ê

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 422 of NRS is hereby amended by adding thereto a new section to read as follows:

1. To the extent not prohibited by federal law, the Department shall:

(a) Suspend, rather than terminate, the eligibility for Medicaid of a person who is incarcerated for the amount of time authorized by regulation pursuant to subsection 2;

(b) Authorize a person who is incarcerated and was not eligible for Medicaid before being incarcerated or whose eligibility for Medicaid has been terminated to apply up to 6 months before his or her scheduled release for enrollment in Medicaid immediately upon release; and

(c) Reinstate or institute, as applicable, eligibility for and coverage under Medicaid for a person described in paragraph (a) or (b) as soon as possible upon his or her release from incarceration if the person otherwise meets the requirements to be eligible for Medicaid at that time.

2. The Department may adopt any regulations necessary to carry out the provisions of this section, including, without limitation, regulations that prescribe the amount of time that the eligibility for Medicaid of a person may be suspended pursuant to paragraph (a) of subsection 1 before being terminated.

Sec. 2. NRS 209.511 is hereby amended to read as follows:

209.511 1. Before an offender is released from prison by expiration of his or her term of sentence, by pardon or parole, the Director may provide mediation services to the offender and the family members and friends of the offender who provide emotional, psychological and financial support to the offender.

2. As soon as practicable after an offender is authorized to apply for enrollment in Medicaid pursuant to section 1 of this act, the Director shall complete the paperwork for the application if the offender may be eligible for Medicaid upon release.

3. Not later than 3 months before an offender is projected to be released from prison by expiration of his or her term of sentence, by pardon or parole, the Director may, if space is available, provide an eligible offender with one or more evidence-based or promising practice reentry programs to obtain employment, including, without limitation, any programs which may provide bonding for an offender entering the workplace and any organizations which may provide employment or bonding assistance to such a person.

[3.] 4. When an offender is released from prison by expiration of his or her term of sentence, by pardon or by parole, the Director:

(a) May furnish the offender with a sum of money not to exceed $100, the amount to be based upon the offender’s economic need as determined by the Director;

(b) Shall give the offender notice of the provisions of chapter 179C of NRS and NRS 202.357 and 202.360;

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ê2021 Statutes of Nevada, Page 2188 (CHAPTER 366, AB 358)ê

(d) Shall give the offender notice of the provisions of NRS 179.245 and the provisions of NRS 213.090, 213.155 or 213.157, as applicable;

(e) Shall provide the offender with a photo identification card issued by the Department and information and reasonable assistance relating to acquiring a valid driver’s license or identification card to enable the offender to obtain employment, if the offender:

(1) Requests a photo identification card;

(2) Requests such information and assistance and is eligible to acquire a valid driver’s license or identification card from the Department of Motor Vehicles; or

(3) Is not currently in possession of a photo identification card;

(f) Shall provide the offender with clothing suitable for reentering society;

(g) Shall provide the offender with the cost of transportation to his or her place of residence anywhere within the continental United States, or to the place of his or her conviction;

(h) If appropriate, shall release the offender to a facility for transitional living for released offenders that is licensed pursuant to chapter 449 of NRS;

(i) Shall require the offender to submit to at least one test for exposure to the human immunodeficiency virus;

(j) If the offender is eligible for [Medicaid or] Medicare, shall complete enrollment application paperwork for the offender; and

(k) If the offender was receiving a prescribed medication while in custody, shall ensure that the offender is provided with a 30-day supply of any such prescribed medication.

[4.] 5. The Director shall not provide an offender with a photo identification card pursuant to paragraph (e) of subsection [3] 4 unless the photo identification card clearly indicates whether the Director:

(a) Has verified the full legal name and age of the offender by obtaining an original or certified copy of the documents required by the Department of Motor Vehicles pursuant to NRS 483.290 or 483.860, as applicable, furnished as proof of the full legal name and age of an applicant for a driver’s license or identification card; or

(b) Has not verified the full legal name and age of the offender pursuant to paragraph (a).

[5.] 6. The costs authorized or required in paragraphs (a), (e), (f), (g), (i) and (k) of subsection [3] 4 must be paid out of the appropriate account within the State General Fund for the use of the Department as other claims against the State are paid to the extent that the costs have not been paid in accordance with subsection 5 of NRS 209.221 and NRS 209.246.

[6.] 7. The Director is encouraged to work with the Nevada Community Re-Entry Task Force established by the Governor pursuant to executive order, or its successor body, if any, to align statewide strategies for the reentry of offenders into the community and the implementation of those strategies.

[7.] 8. As used in this section:

(a) “Eligible offender” means an offender who is:

(1) Determined to be eligible for reentry programming based on the Nevada Risk Assessment Services instrument, or its successor risk assessment tool; and

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ê2021 Statutes of Nevada, Page 2189 (CHAPTER 366, AB 358)ê

(2) Enrolled in:

(I) Programming services under a reentry program at a correctional facility which has staff designated to provide the services; or

(II) A community-based program to assist offenders to reenter the community.

(b) “Facility for transitional living for released offenders” has the meaning ascribed to it in NRS 449.0055.

(c) “Photo identification card” means a document which includes the name, date of birth and a color picture of the offender.

(d) “Promising practice reentry program” means a reentry program that has strong quantitative and qualitative data showing positive outcomes, but does not have sufficient research or replication to support recognition as an evidence-based practice.

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 1 of this act, 422.580, 432.010 to 432.133, inclusive, 432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.

(c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.

(d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:

(1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;

(2) Set forth priorities for the provision of those services;

(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;

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ê2021 Statutes of Nevada, Page 2190 (CHAPTER 366, AB 358)ê

(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 Director’s designee, is responsible for appointing and removing subordinate officers and employees of the Department.

Sec. 3.5. 1. There is hereby appropriated from the State General Fund to the Department of Corrections for personnel and other costs related to assisting offenders with eligibility assessments and applications for enrollment in Medicaid the following sums:

For the Fiscal Year 2021-2022.................................................... $380,177

For the Fiscal Year 2022-2023.................................................... $477,169

2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.

Sec. 4. 1. This section becomes effective upon passage and approval.

2. Section 3.5 of this act becomes effective on July 1, 2021.

3. Sections 1, 2 and 3 of this act become effective:

(a) Upon passage and approval for the purposes of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

(b) On January 1, 2022, for all other purposes.

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