[Rev. 3/13/2024 9:49:51 AM]
κ2023 Statutes of Nevada, Page 133κ
Assembly Bill No. 36Committee on Government Affairs
CHAPTER 24
[Approved: May 24, 2023]
AN ACT relating to veterans; adding certain members to the Interagency Council on Veterans Affairs; revising certain data submitted to the Council; removing a requirement that the Council develop and administer a fellowship program; revising the time period to which certain reports pertain; revising the duties of the Women Veterans Advisory Committee; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Interagency Council on Veterans Affairs, which is made up of certain heads of state agencies and any other persons appointed by the Governor. (NRS 417.0191) Existing law requires the Council to perform certain duties related to addressing the needs of and improving outcomes for veterans. (NRS 417.0195) Section 1 of this bill adds the Attorney General, the Superintendent of Public Instruction and the Executive Director of the Governors Office of Workforce Innovation to the members of the Council.
Existing law requires certain state agencies and regulatory bodies to report certain data relating to service members, veterans and members of the Nevada National Guard to the Council for each fiscal year. (NRS 417.0194) Section 2 of this bill requires the total number of veterans service officers reported by the Department of Veterans Services to include only veterans service officers employed by this state. Section 2 also removes a requirement that the Adjutant General report the total number of members of the Nevada National Guard identified by Military Occupational Specialty and zip code. Section 3 of this bill removes a requirement that the Council develop and administer a fellowship program to increase research on improving outcomes for veterans and servicemen and servicewomen and their families.
Existing law requires the Council and the Nevada Veterans Services Commission to each prepare and submit a biennial report concerning their respective activities during the preceding 2 calendar years. (NRS 417.0195, 417.190) Sections 3 and 4 of this bill instead require the Council and the Commission to prepare and submit such reports concerning their respective activities during the preceding 2 fiscal years.
Existing law requires the Women Veterans Advisory Committee to: (1) conduct certain outreach and education regarding women veterans; and (2) assist the Department of Veterans Services in making annual recommendations to the Governor, the Nevada Legislature, the office of the Director of the Department and other entities. Existing law also requires the Committee to prepare a biennial report concerning activities and recommendations of the Committee during the preceding 2 calendar years and to submit the report to the Governor, the Council and the Legislative Counsel Bureau. (NRS 417.330) Section 5 of this bill: (1) makes certain revisions concerning the outreach conducted by the Committee; (2) removes the requirement for the Committee to assist the Department in making annual recommendations; (3) adds the Director of the Department to the list of entities which receive the biennial report; and (4) requires the biennial report to address the preceding 2 fiscal years, rather than the preceding 2 calendar years.
κ2023 Statutes of Nevada, Page 134 (CHAPTER 24, AB 36)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 417.0191 is hereby amended to read as follows:
417.0191 1. The Interagency Council on Veterans Affairs is hereby created. The Council consists of:
(a) The Director of the Department of Business and Industry;
(b) The Director of the Department of Corrections;
(c) The Director of the Department of Employment, Training and Rehabilitation;
(d) The Director of the Department of Health and Human Services;
(e) The Director of the Department of Public Safety;
(f) The Director of the Department of Veterans Services;
(g) The Adjutant General;
(h) The Chancellor of the Nevada System of Higher Education;
(i) The Executive Director of the Office of Economic Development;
(j) The Executive Director of the Nevada Indian Commission;
(k) The Administrator of the Division of Human Resource Management of the Department of Administration; [and]
(l) The Attorney General;
(m) The Superintendent of Public Instruction;
(n) The Executive Director of the Governors Office of Workforce Innovation; and
(o) Any other persons appointed by the Governor, including, without limitation, representatives of federal and local governmental agencies and private entities that provide services to veterans. Members appointed pursuant to this paragraph serve at the pleasure of the Governor.
2. A member of the Council may designate a person to represent him or her at any meeting of the Council. The person designated may exercise all the duties, rights and privileges of the member that he or she represents.
Sec. 2. NRS 417.0194 is hereby amended to read as follows:
417.0194 1. Each state agency and regulatory body identified in subsections 2 to 16, inclusive, shall report, subject to any limitations or restrictions contained in any state or federal law governing the privacy or confidentiality of records, the data identified in subsections 2 to 17, inclusive, as applicable, to the Interagency Council on Veterans Affairs. Each state agency and regulatory body shall submit such information for the immediately preceding fiscal year to the Council not later than November 30 of each year and shall provide the information in aggregate and in digital form, and in a manner such that the data is capable of integration by the Council.
2. The Department of Veterans Services shall provide annual statistics regarding:
(a) The distribution of expenditures in this State by the United States Department of Veterans Affairs;
(b) The number of veterans who receive care at a veterans home operated by the State;
(c) The number of interments and other services provided by the veterans cemeteries in this State;
κ2023 Statutes of Nevada, Page 135 (CHAPTER 24, AB 36)κ
(d) The total number of veterans service officers who are employed by this State and located in this State, by zip code;
(e) The number of claims filed on behalf of veterans and the family members of veterans by veterans service officers in this State;
(f) The amount of annual payments in the form of disability compensation and pension benefits made to veterans and the family members of veterans in this State as a result of claims filed by any veterans service officers employed or managed by the Department of Veterans Services;
(g) The number of persons who participate as advocates for veterans in this State in a volunteer program sponsored by the Department of Veterans Services, by zip code;
(h) The number of employers in this State who participate in a program sponsored by the Department of Veterans Services that facilitates the employment of veterans; and
(i) The number of events sponsored or supported by the Department of Veterans Services held in this State to provide outreach to veterans regarding benefits, claims and services, segregated by the geographical location of each event.
3. The Department of Administration shall provide:
(a) Descriptions of and the total amount of the grant dollars received for veteran-specific programs;
(b) The total combined number of veterans and, to the extent the information is available, widows and widowers of persons killed in the line of duty while on active duty in the Armed Forces of the United States, who are employed by each agency in the State; and
(c) The total number of veterans with service-connected disabilities who are seeking preferences through the Purchasing Division and the State Public Works Division of the Department of Administration pursuant to NRS 333.3366 and 338.13844.
4. The State Department of Conservation and Natural Resources shall provide the total number of veterans receiving:
(a) Expedited certification for the grade I certification examination for wastewater treatment plant operators based on their military experience; and
(b) Any discounted fees for access to or the use of state parks.
5. The Department of Corrections shall provide:
(a) An annual overview of the monthly population of inmates in this State who are veterans; and
(b) The success rates for any efforts developed by the Incarcerated Veterans Reintegration Council.
6. The Office of Economic Development shall provide an overview of the workforce that is available statewide of veterans, organized by O*NET-SOC code from the United States Department of Labor or the trade, job title, employment status, zip code, county, highest education level and drivers license class.
7. The Department of Education shall provide the distribution of dependents of service members enrolled in Nevadas public schools.
8. The Department of Employment, Training and Rehabilitation shall provide a summary of:
(a) The average number of veterans served by a veteran employment specialist of the Department of Employment, Training and Rehabilitation per week;
κ2023 Statutes of Nevada, Page 136 (CHAPTER 24, AB 36)κ
(b) The average number of initial and continuing claims for benefits filed per week by veterans pursuant to NRS 612.455 to 612.530, inclusive;
(c) The average weekly benefit received by veterans receiving benefits pursuant to chapter 612 of NRS; and
(d) The average duration of a claim by claimants who are veterans receiving benefits pursuant to chapter 612 of NRS.
9. The Department of Health and Human Services shall provide:
(a) The total number of veterans who have applied for and received certification as an Emergency Medical Technician-B, Advanced Emergency Medical Technician and Paramedic through the State Emergency Medical Systems program; and
(b) A report from the State Registrar of Vital Statistics setting forth the suicide mortality rate of veterans in this State.
10. The Department of Motor Vehicles shall provide:
(a) The total number of veterans who have declared themselves as a veteran and who applied for and received a commercial drivers license;
(b) The average monthly total of veteran license plates issued; and
(c) An overview of the data on veterans collected pursuant to NRS 483.292, 483.852 and 483.927.
11. The Adjutant General shall provide the total number of:
(a) Members of the Nevada National Guard using waivers for each semester and identifying which schools accepted the waivers; and
(b) [Members of the Nevada National Guard identified by Military Occupational Specialty and zip code; and
(c)] Members of the Nevada National Guard employed under a grant from Beyond the Yellow Ribbon.
12. The Department of Public Safety shall provide the percentage of veterans in each graduating class of its academy for training peace officers.
13. The Department of Taxation shall provide the total number of veterans receiving tax exemptions pursuant to NRS 361.090, 361.091, 361.155, 371.103 and 371.104.
14. The Department of Wildlife shall provide the total number of:
(a) Veterans holding hunting or fishing licenses based on disability; and
(b) Service members holding hunting or fishing licenses who are residents of this State but are stationed outside this State.
15. The Commission on Postsecondary Education shall provide, by industry, the total number of schools in this State approved by the United States Department of Veterans Affairs that are serving veterans.
16. Each regulatory body shall provide the total number of veterans and service members who have:
(a) Applied for a license from the regulatory body.
(b) Been issued a license by the regulatory body.
(c) Renewed a license with the regulatory body.
17. Each state agency and regulatory body identified in subsections 2 to 16, inclusive, shall ensure that the form used to collect data from a veteran, including, without limitation, a digital form posted on an Internet website, includes the following questions:
(a) Have you ever served on active duty in the Armed Forces of the United States and separated from such service under conditions other than dishonorable?
κ2023 Statutes of Nevada, Page 137 (CHAPTER 24, AB 36)κ
(b) Have you ever been assigned to duty for a minimum of 6 continuous years in the National Guard or a reserve component of the Armed Forces of the United States and separated from such service under conditions other than dishonorable?
(c) Have you ever served the Commissioned Corps of the United States Public Health Service or the Commissioned Corps of the National Oceanic and Atmospheric Administration of the United States in the capacity of a commissioned officer while on active duty in defense of the United States and separated from such service under conditions other than dishonorable?
18. The Council shall, upon receiving the information submitted pursuant to this section and NRS 612.237, synthesize and compile the information, including any recommendations of the Council, and submit the information with the report submitted pursuant to subsection [8] 7 of NRS 417.0195.
19. As used in this section:
(a) License has the meaning ascribed to it in NRS 622.030.
(b) Regulatory body has the meaning ascribed to it in NRS 622.060.
(c) Service member has the meaning ascribed to it in NRS 125C.0635.
Sec. 3. NRS 417.0195 is hereby amended to read as follows:
417.0195 The Interagency Council on Veterans Affairs shall:
1. Identify and prioritize the needs of veterans and servicemen and servicewomen and their families in this State.
2. Study the coordination of the efforts of the Federal Government, State Government, local governments and private entities to meet the needs of veterans and servicemen and servicewomen and their families in this State.
3. Develop and disseminate best practices for improving outcomes for veterans and servicemen and servicewomen and their families through policy recommendations at the state and local governmental levels.
4. Foster the development and dissemination of research and policy for improving outcomes for veterans and servicemen and servicewomen and their families.
5. [Develop and administer a fellowship program to increase research on improving outcomes for veterans and servicemen and servicewomen and their families, including, without limitation, in the areas of education, employment and wellness. The program must include, without limitation, publication of peer-reviewed materials and an annual conference.
6.] Cultivate leadership opportunities for veterans.
[7.] 6. Develop models for outreach to and engagement of veterans.
[8.] 7. On or before February 15 of each even-numbered year, submit a report concerning the activities of the Council during the preceding 2 [calendar] fiscal years, including the information synthesized and compiled pursuant to NRS 417.0194, and any recommendations of the Council to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission.
Sec. 4. NRS 417.190 is hereby amended to read as follows:
417.190 The Nevada Veterans Services Commission shall:
1. Advise the Director.
2. Prepare and submit a report, on or before February 15 of each even-numbered year, to the Governor, the Interagency Council on Veterans Affairs and the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission. The report must, without limitation:
κ2023 Statutes of Nevada, Page 138 (CHAPTER 24, AB 36)κ
(a) Summarize the activities of the Commission during the preceding 2 [calendar] fiscal years.
(b) Make recommendations to the Governor, the Legislature and the Director regarding issues relating to veterans.
3. Make recommendations to the Governor pursuant to NRS 417.400.
Sec. 5. NRS 417.330 is hereby amended to read as follows:
417.330 The Committee shall:
1. Support and assist the Department in:
(a) Locating, educating and advocating for all women veterans in this State;
(b) Determining the unique needs of women veterans;
(c) Conducting outreach and education through various means, including, without limitation, [the Green Zone Network,] the organization of statewide women veterans events, the promotion of benefits and superior health care for women veterans and the development of programs that inform [pupils, business leaders and educators] the community about the important role women play in the Armed Forces of the United States;
(d) Educating women veterans as to benefits and programs that are available to them; and
(e) [At least annually, making such recommendations as may be deemed necessary or advisable to the Governor, the Nevada Legislature, the office of the Director of the Department of Veterans Services and such other offices of this State as may be appropriate; and
(f)] Advocating on behalf of women veterans to ensure that the programs and policies of this State and of the United States Department of Veterans Affairs remain open to women and mindful of the elements of the experience of a veteran that are unique to women.
2. Work cooperatively with the Interagency Council on Veterans Affairs and make recommendations concerning the needs of, and resources available to, women veterans.
3. On or before February 15 of each even-numbered year, submit a report concerning the activities of the Committee during the preceding 2 [calendar] fiscal years and any recommendations of the Committee to the Governor, the Interagency Council on Veterans Affairs , the Director of the Department of Veterans Services, any other offices of this State as may be appropriate and the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission. The report must include, without limitation, information pertaining to:
(a) The demographics of women veterans.
(b) The contributions that women veterans have made on behalf of the United States and this State.
(c) The unique needs of the population of women veterans.
(d) Steps taken to reduce misinformation and improve support for programs for women veterans.
Sec. 6. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 7. This act becomes effective on July 1, 2023.
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κ2023 Statutes of Nevada, Page 139κ
Assembly Bill No. 47Committee on Growth and Infrastructure
CHAPTER 25
[Approved: May 24, 2023]
AN ACT relating to off-highway vehicles; revising provisions governing public trails for the operation of off-highway vehicles; and providing other matters properly relating thereto.
Legislative Counsels Digest:
With certain exceptions, existing law prohibits a person from operating an off-highway vehicle on a paved highway that is not otherwise designated for use by off-highway vehicles. (NRS 490.090) This bill provides that this prohibition and the other laws governing the operation of off-highway vehicles do not prohibit a governmental entity from constructing, operating or maintaining a trail for use by off-highway vehicles that is adjacent to or near a highway, including a paved highway.
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 490.090 is hereby amended to read as follows:
490.090 Except as otherwise provided in NRS 490.100 or 490.110:
1. A person shall not, except as otherwise provided in subsection 2 or 3, operate an off-highway vehicle on a paved highway that is not otherwise designated for use by off-highway vehicles.
2. A person may operate an off-highway vehicle on a paved highway that is not otherwise designated for use by off-highway vehicles:
(a) If the off-highway vehicle is operated on the highway for the purpose of crossing the highway, comes to a complete stop before crossing and crosses as close as practicable to perpendicular to the direction of travel on the highway;
(b) If the off-highway vehicle is operated on the highway for the purpose of loading or unloading the off-highway vehicle onto or off of another vehicle or trailer, if the loading or unloading is as close as practicable to the place of operation of the off-highway vehicle;
(c) During an emergency if it is impossible or impracticable to use another vehicle or if a peace officer directs the operation of the off-highway vehicle; or
(d) If the off-highway vehicle is operated on a portion of a highway that is designated as a trail connector for a trail authorized for use by off-highway vehicles for not more than 2 miles.
3. A person may operate an off-highway vehicle on any public land, trail, way or unpaved county road unless prohibited by the governmental entity which has jurisdiction over the public land, trail, way or unpaved county road.
4. A governmental entity specified in subsection 3 may:
(a) Prepare and distribute upon request a map or other document setting forth each area of public land, trail, way or unpaved county road that is prohibited for the operation off-highway vehicles; and
κ2023 Statutes of Nevada, Page 140 (CHAPTER 25, AB 47)κ
(b) Erect and maintain signs designating each area of public land, trail, way or unpaved county road that is prohibited for the operation off-highway vehicles.
5. Nothing in this section or in NRS 490.090 to 490.130, inclusive, shall be construed to prohibit a governmental entity from constructing, operating or maintaining a trail for use by off-highway vehicles that is adjacent to or near a highway, including, without limitation, a paved highway.
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Assembly Bill No. 82Assemblywoman Mosca
CHAPTER 26
[Approved: May 24, 2023]
AN ACT relating to days of observance; requiring the Governor to annually proclaim the Saturday immediately preceding the last Saturday in October as World Esports Day in this State; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, various days, weeks and months of observance are recognized in this State. (NRS 236.018-236.095) This bill requires the Governor to annually proclaim the Saturday immediately preceding the last Saturday in October to be World Esports Day in the State of Nevada.
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 236 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Governor shall annually proclaim the Saturday immediately preceding the last Saturday in October to be World Esports Day in the State of Nevada.
2. The proclamation must call upon the news media, educators, business and labor leaders and appropriate governmental officers to bring to the attention of the residents of Nevada the trailblazing Nevada Esports community and its contributions to this State, as well as building exciting careers in Electronic Sports, such as broadcasting, graphic arts, web design, video game design, coaching, athletics and community building.
Sec. 2. This act becomes effective upon passage and approval.
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κ2023 Statutes of Nevada, Page 141κ
Assembly Bill No. 136Committee on Health and Human Services
CHAPTER 27
[Approved: May 24, 2023]
AN ACT relating to child welfare; requiring all qualified residential treatment programs for children to be licensed and regulated as child care institutions; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law defines the term child care institution to mean a facility which provides care and shelter during the day and night and provides developmental guidance to 16 or more children who do not routinely return to the homes of their parents or guardians. (NRS 432A.0245) Existing law requires: (1) a child care institution to be licensed by the Division of Public and Behavioral Health of the Department of Health and Human Services; and (2) other child care facilities to be licensed by the Division or a local licensing agency. (NRS 432A.131) Existing federal law defines qualified residential treatment program to mean a program that: (1) provides trauma-informed treatment of children with serious emotional or behavioral disorders or disturbances; (2) has clinical staff available 24 hours per day and 7 days per week; and (3) meets certain other requirements. (42 U.S.C. § 672(k)(4)) Existing federal law requires the Federal Government to pay to state and local governments a portion of the cost of placing a child in a qualified residential treatment program that is regulated under state law as a child care institution. (42 U.S.C. §§ 672, 674) Section 1 of this bill includes any qualified residential treatment program, regardless of the size of the program, as a child care institution, thereby: (1) requiring the operator of a qualified residential treatment program that provides care and shelter for fewer than 16 children to obtain a license as a child care institution from the Division; and (2) allowing governmental entities within this State to receive federal financial contributions toward the cost of placing children in such qualified residential treatment programs. Section 2 of this bill allows a qualified residential treatment program operating on or before January 1, 2024, to continue operating without such a license until July 1, 2024, in certain circumstances.
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 432A.0245 is hereby amended to read as follows:
432A.0245 1. Child care institution means a [facility] :
(a) Facility which provides care and shelter during the day and night and provides developmental guidance to 16 or more children who do not routinely return to the homes of their parents or guardians [. Such an] ; or
(b) Qualified residential treatment program, as defined in 42 U.S.C. § 672(k)(4), regardless of the number of children who receive care and shelter from the program.
κ2023 Statutes of Nevada, Page 142 (CHAPTER 27, AB 136)κ
2. In addition to the services described in subsection 1, a child care institution may also provide, without limitation:
(a) Education to the children according to a curriculum approved by the Department of Education;
(b) Services to children [who have been diagnosed as severely emotionally disturbed] with an emotional disturbance as defined in NRS 433B.045, including, without limitation, services relating to mental health and education; or
(c) Emergency shelter to children who have been placed in protective custody pursuant to chapter 432B of NRS.
[2.] 3. Child care institution does not include a receiving center, as defined in NRS 424.0175.
[3.] 4. As used in this section, child includes a person who is less than 18 years of age or who participates in the Extended Young Adult Support Services Program established pursuant to NRS 432B.5919.
Sec. 2. 1. Notwithstanding the amendatory provisions of this act, a qualified residential treatment program may continue to operate without obtaining a license as a child care institution from the Division of Public and Behavioral Health of the Department of Health and Human Services until July 1, 2024, if the qualified residential treatment program is:
(a) Licensed on or before January 1, 2024, as a child care facility by the Division or a local licensing agency pursuant to NRS 432A.131; or
(b) Operating on or before January 1, 2024, and providing care for fewer than five children pursuant to NRS 432A.131.
2. As used in this section, qualified residential treatment program has the meaning ascribed to it in 42 U.S.C. § 672(k)(4).
Sec. 3. 1. This section becomes effective upon passage and approval.
2. Sections 1 and 2 of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preliminary administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2024, for all other purposes.
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κ2023 Statutes of Nevada, Page 143κ
Assembly Bill No. 212Assemblywoman Mosca
CHAPTER 28
[Approved: May 24, 2023]
AN ACT relating to higher education; requiring the Board of Regents of the University of Nevada to establish certain policies and procedures that ensure certain students are able to access or obtain official and unofficial transcripts; prohibiting an institution with the Nevada System of Higher Education from charging students that owe a debt to the System or an institution within the System a higher fee to obtain a transcript; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing policy of the Nevada System of Higher Education prohibits a current or former student of an institution within the System from receiving an academic transcript if they have a delinquent account of $100 or more or an overdue loan of any amount with any institution within the System. (Board of Regents Handbook, title 4, ch. 17, sec. 2) This bill requires the Board of Regents of the University of Nevada to establish policies and procedures which: (1) enable current and former students, including students who owe a debt to the system or an institution within the system, to access unofficial transcripts at any time; (2) enable current and former students, including students who owe a debt to the system or an institution within the system, to obtain an official transcript or have an official transcript transmitted to a third party; and (3) prohibit an institution within the System from charging a current or former student a higher fee to obtain a transcript or have a transcript transmitted to a third party because the student owes a debt.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Board of Regents shall establish policies and procedures governing student transcripts that, without limitation:
(a) Enable each current and former student, including, without limitation, a student who owes a debt, to access his or her unofficial transcript at all times;
(b) Enable each current and former student, including, without limitation, a student who owes a debt, to obtain or have transmitted to a third party an official transcript; and
(c) Prohibit an institution within the System from charging a higher fee to a current or former student who owes a debt than is charged to a student who does not owe a debt to:
(1) Obtain an official or unofficial transcript; or
(2) Have the institution transmit an official transcript to a third party.
2. As used in this section:
(a) Debt means any money, fee, fine, loan, obligation, claim or sum due or owing or alleged to be due or owing from a current or former student to the System or an institution within the System. The term does not include any fee that is charged to a current or former student for the actual cost of providing an academic transcript to a student.
κ2023 Statutes of Nevada, Page 144 (CHAPTER 28, AB 212)κ
not include any fee that is charged to a current or former student for the actual cost of providing an academic transcript to a student.
(b) Institution means any university, state college or community college.
(c) Official transcript means the academic transcript or a similar academic record of each current or former student of an institution that is deemed official, authenticated, certified or bona fide and that contains information customarily provided on an official academic transcript, including, without limitation, courses taken, terms, grades, degrees or credentials conferred and any other similar information.
(d) Unofficial transcript means the academic transcript or a similar academic record of a current or former student of an institution that contains information customarily provided in an unofficial transcript, but which cannot be used to transfer academic credits to another institution of higher education.
Sec. 2. This act becomes effective on July 1, 2023.
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Assembly Bill No. 274Assemblymen Nguyen, Gallant, Considine, Summers-Armstrong; Bilbray-Axelrod, Cohen, DSilva, Gonzαlez, Gorelow, Gray, Gurr, Hibbetts, Kasama, Koenig, Brittney Miller, C.H. Miller, Mosca, Newby, Peters, Taylor and Thomas
Joint Sponsors: Senators Dondero Loop, Pazina, D. Harris, Buck; Hammond, Krasner and Lange
CHAPTER 29
[Approved: May 24, 2023]
AN ACT relating to education; changing the membership of the State Financial Literacy Advisory Council; requiring certain pupils enrolled in a public high school to enroll in a certain number of credits in social studies, which includes a certain number of credits in financial literacy; requiring instruction in financial literacy to include certain skills necessary to develop a personal financial plan; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the State Financial Literacy Advisory Council, composed of members appointed by the Governor, certain Legislators and the Chancellor of the Nevada System of Higher Education. Existing law requires the Council to: (1) develop a strategic plan for the development of educational resources in financial literacy; (2) identify learning activities targeted toward standards and criteria of a curriculum in financial literacy; (3) develop and facilitate certain events related to financial literacy; (4) develop the criteria required for a pupil to earn the State Seal of Financial Literacy; (5) apply for grants, gifts and donations to carry out its objectives; and (6) prepare a written report to provide to certain entities. (NRS 388.5966, 388.5968) Section 1 of this bill changes the composition of the Council by eliminating certain members appointed by the Governor, certain Legislators and the Chancellor of the System and adding a pupil enrolled in high school as a member of the Council. Section 1 also places the Council within the Department of Education and provides that the Superintendent of Public Instruction must appoint the members of the Council.
κ2023 Statutes of Nevada, Page 145 (CHAPTER 29, AB 274)κ
Existing law: (1) designates certain academic subjects, including social studies, which encompasses financial literacy, as core academic subjects that must be taught in all public schools; and (2) requires a pupil enrolled in a public high school to enroll in a minimum of one-half unit of credit in the subject of economics. (NRS 389.018) Section 1.5 of this bill revises the contents of the one-half unit of credit in economics in which a pupil must enroll to also include financial literacy.
Existing law: (1) requires that pupils who are enrolled in public schools are provided with instruction in financial literacy; and (2) sets forth the required contents for such instruction, including the skills necessary to manage finances, which includes developing a personal financial plan. (NRS 389.074) Section 2 of this bill provides that the skills necessary to manage finances relating to developing a personal financial plan include understanding and budgeting for the costs of housing, transportation and health care.
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 388.5966 is hereby amended to read as follows:
388.5966 1. The State Financial Literacy Advisory Council is hereby created [.] in the Department. The Council consists of [:
(a) The following ex officio members:
(1) The Superintendent of Public Instruction or his or her designee; and
(2) The Chancellor of the Nevada System of Higher Education or his or her designee;
(b) Three members appointed by the Governor;
(c) Two members appointed by the Majority Leader of the Senate;
(d) Two members appointed by the Speaker of the Assembly;
(e) One member appointed by the Minority Leader of the Senate;
(f) One member appointed by the Minority Leader of the Assembly; and
(g) One member appointed by the Chancellor of the Nevada System of Higher Education who has a background in economics or financial literacy.
2. The Governor, the Majority Leader and the Minority Leader of the Senate, the Speaker and Minority Leader of the Assembly and the Chancellor of the Nevada System of Higher Education shall coordinate their respective appointments of members to the Council to ensure that, to the extent practicable, the members appointed to the Council reflect the gender, ethnic and geographic diversity of this State and that:] the following members appointed by the Superintendent of Public Instruction:
(a) Three members [of the Council] who are members of the business community with a background in economics;
(b) One member [of the Council] who is a member of the business community who is employed in the banking industry;
(c) One member [of the Council] who is a member of the business community who is employed by a credit union;
(d) Three members [of the Council] who are teachers who hold a license to teach elementary, middle or junior high school or secondary education, respectively, and who:
(1) Teach in an elementary, middle or junior high or high school, respectively;
(2) Have received training in financial literacy; and
(3) Are responsible for teaching courses relating to financial literacy;
κ2023 Statutes of Nevada, Page 146 (CHAPTER 29, AB 274)κ
(e) One member [of the Council] who is an administrator of a public school; [and]
(f) One member [of the Council] who is an administrator of a school district [.] ; and
(g) One member who is a pupil enrolled in high school.
[3.] 2. Any vacancy occurring in the membership of the Council must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs.
[4.] 3. The Council shall elect a Chair and Vice Chair from among its members at the first meeting of the Council and at the first meeting of the calendar year each year thereafter. The Chair and Vice Chair serve a term of 1 year.
[5.] 4. Each member of the Council serves a term of 2 years and may be reappointed.
[6.] 5. The Council shall meet at least four times a year at the call of the Chair. One meeting of the Council must be held in person and any other meeting may be held by videoconference.
[7.] 6. A majority of the members of the Council constitutes a quorum for the transaction of business, and a majority of those members present at any meeting is sufficient for any official action taken by the Council.
[8.] 7. The Chair may appoint such subcommittees of the Council as the Chair determines necessary to carry out the duties of the Council.
[9.] 8. The members of the Council serve without compensation, except that each member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally while engaged in the official business of the Council.
[10.] 9. Each member of the Council who is an officer or employee of the State or a local government must be relieved from his or her duties without loss of his or her regular compensation so that the member may prepare for and attend meetings of the Council and perform any work necessary to carry out the duties of the Council in the most timely manner practicable. A state agency or local government shall not require an officer or employee who is a member of the Council to make up the time the member is absent from work to carry out his or her duties as a member, and shall not require the member to take annual vacation or compensatory time for the absence.
[11.] 10. Any costs associated with employing a substitute teacher while a member of the Council who is a teacher attends a meeting of the Council must be paid by the school district that employs the member.
[12. To the extent that money is available, the Department shall provide administrative support to the Council.]
Sec. 1.5. NRS 389.018 is hereby amended to read as follows:
389.018 1. The following subjects are designated as the core academic subjects that must be taught, as applicable for grade levels, in all public schools, the Caliente Youth Center, the Nevada Youth Training Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS:
(a) English language arts;
(b) Mathematics;
(c) Science; and
(d) Social studies, which includes only the subjects of history, geography, economics, civics, financial literacy and multicultural education.
κ2023 Statutes of Nevada, Page 147 (CHAPTER 29, AB 274)κ
2. Except as otherwise provided in this subsection, a pupil enrolled in a public high school must enroll in a minimum of:
(a) Four units of credit in English language arts;
(b) Four units of credit in mathematics, including, without limitation, Algebra I and geometry, or an equivalent course of study that integrates Algebra I and geometry;
(c) Three units of credit in science, including two laboratory courses; and
(d) Three units of credit in social studies, including, without limitation:
(1) One-half unit of credit in American government;
(2) Two units of credit in American history, world history or geography; and
(3) One-half unit of credit in economics [.] and financial literacy.
Κ A pupil is not required to enroll in the courses of study and credits required by this subsection if the pupil, the parent or legal guardian of the pupil and an administrator or a counselor at the school in which the pupil is enrolled mutually agree to a modified course of study for the pupil and that modified course of study satisfies at least the requirements for a standard high school diploma, an adjusted diploma or an alternative diploma, as applicable. A school district may authorize one or more public high schools in the school district to offer a combined course in American government and economics and financial literacy for one unit of credit which satisfies the requirements of subparagraphs (1) and (3) if the curriculum of an advanced placement course is used for American government in the combined course.
3. Except as otherwise provided in this subsection, in addition to the core academic subjects, the following subjects must be taught as applicable for grade levels and to the extent practicable in all public schools, the Caliente Youth Center, the Nevada Youth Training Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS:
(a) The arts;
(b) Computer education and technology;
(c) Health; and
(d) Physical education.
Κ If the State Board requires the completion of course work in a subject area set forth in this subsection for graduation from high school or promotion to the next grade, a public school shall offer the required course work. Except as otherwise provided for a course of study in health prescribed by subsection 1 of NRS 389.021 and the instruction prescribed by subsection 1 of NRS 389.064, unless a subject is required for graduation from high school or promotion to the next grade, a charter school is not required to comply with this subsection.
4. Instruction in health and physical education provided pursuant to subsection 3 must include, without limitation, instruction concerning the importance of annual physical examinations by a provider of health care and the appropriate response to unusual aches and pains.
Sec. 2. NRS 389.074 is hereby amended to read as follows:
389.074 1. The board of trustees of each school district and the governing body of each charter school shall ensure that instruction in financial literacy is provided to pupils enrolled in grades 3 to 12, inclusive, in each public school within the school district or in the charter school, as applicable. The instruction must include, without limitation:
κ2023 Statutes of Nevada, Page 148 (CHAPTER 29, AB 274)κ
(a) The skills necessary to develop financial responsibility, including, without limitation:
(1) Making reasonable financial decisions by analyzing the alternatives and consequences of those financial decisions;
(2) Locating and evaluating financial information from various sources;
(3) Judging the quality of services offered by a financial institution;
(4) Developing communication strategies to discuss financial issues;
(5) Controlling personal information; and
(6) Reviewing and summarizing federal and state consumer protection laws.
(b) The skills necessary to manage finances, including, without limitation:
(1) Developing a plan for spending and saving;
(2) Developing a system for keeping and using financial records; and
(3) Developing a personal financial plan [.] that includes, without limitation, understanding and budgeting for the costs of housing, transportation and health care.
(c) The skills necessary to understand the use of credit and the incurrence of debt, including, without limitation:
(1) Identifying the costs and benefits of various types of credit;
(2) Understanding the methods to manage debt and the consequences of acquiring debt;
(3) Understanding how interest rates, compounding frequency and the terms of a loan can affect the cost of credit;
(4) Completing an application for a loan;
(5) Understanding different types of loans, including, without limitation, payday loans, automobile loans, student loans and mortgages;
(6) Explaining the purpose of a credit report, including, without limitation, the manner in which a credit report is used by lenders;
(7) Describing the rights of a borrower regarding his or her credit report;
(8) Identifying methods to avoid and resolve debt problems; and
(9) Reviewing and summarizing federal and state consumer credit protection laws.
(d) The skills necessary to understand the basic principles of saving and investing, including, without limitation:
(1) Understanding how saving and investing contribute to financial well-being;
(2) Understanding the methods of investing and alternatives to investing;
(3) Understanding how to buy and sell investments;
(4) Understanding compound interest, including, without limitation, in the context of investments;
(5) Understanding various types of securities, including, without limitation, stocks and bonds; and
(6) Understanding how the regulation of financial institutions protects investors.
(e) The skills necessary to prevent and limit the consequences of identity theft and fraud.
κ2023 Statutes of Nevada, Page 149 (CHAPTER 29, AB 274)κ
(f) The skills necessary to understand the basic assessment of taxes, including, without limitation, understanding the matter in which taxes are computed by local, state and federal governmental entities.
(g) The skills necessary to understand the basic principles of insurance, including, without limitation:
(1) Understanding the function of various insurance policies; and
(2) Determining the quality of an insurance provider.
(h) The skills necessary to plan for higher education and career choices, including, without limitation:
(1) Information concerning institutions of higher education and college preparedness;
(2) Information concerning career options;
(3) Writing a resume;
(4) Information concerning opportunities for financial aid, including the Free Application for Federal Student Aid and the programs of the Western Interstate Commission for Higher Education, and the manner in which to qualify for such opportunities;
(5) Information concerning scholarship opportunities, including, without limitation, the Governor Guinn Millennium Scholarship Program and Silver State Opportunity Grant Program; and
(6) Information concerning prepaid tuition and college savings programs and plans established pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529.
2. The standards of content and performance for the instruction in financial literacy required by subsection 1 must be included in the standards of content and performance established by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520. The instruction required by subsection 1 must be:
(a) Age-appropriate; and
(b) Included within a course of study for which the Council has established the relevant standards of content and performance, including, without limitation, a course of study in economics, mathematics or social studies.
3. The board of trustees of each school district and the governing body of each charter school in which pupils are enrolled in any grade of grades 3 to 12, inclusive, shall encourage:
(a) Persons to volunteer time, expertise and resources to assist a school district, governing body of a charter school, public school or teacher in the provision of instruction in financial literacy; and
(b) Partnerships between a school district or charter school and relevant persons, businesses or entities in which those persons, businesses or entities provide the resources necessary to provide instruction in financial literacy.
Sec. 3. 1. This section becomes effective upon passage and approval.
2. Sections 1, 1.5 and 2 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, 2028, for all other purposes.
________
κ2023 Statutes of Nevada, Page 150κ
Assembly Bill No. 372Committee on Education
CHAPTER 30
[Approved: May 24, 2023]
AN ACT relating to higher education; authorizing the Board of Regents of the University of Nevada to enter into an agreement with certain entities to provide certain educational tools to families and caretakers; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Board of Regents of the University of Nevada to establish policies governing the contracts that faculty members and employees of the Nevada System of Higher Education may enter into or benefit from. (NRS 396.255) Existing law also authorizes certain faculty members of the System to bid on or enter into a contract with a governmental agency if the contract complies with the policies established by the Board of Regents. (NRS 281.221) Section 1 of this bill authorizes the Board of Regents to enter into an agreement with a nonprofit organization, community entity or governmental agency to provide certain tools for the purpose of facilitating family involvement in early childhood education.
Section 1 requires that such an agreement include certain provisions governing: (1) standards the partner must meet; and (2) the sharing of certain costs. Section 2 of this bill establishes that any such agreement is subject to the policies established by the Board of Regents governing contracts that faculty members and employees of the System may enter into or benefit from.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Board of Regents may enter into an agreement with a nonprofit organization, community entity or governmental agency to jointly provide families and caretakers with online and in-person training, workshops and resources designed to facilitate family involvement in early childhood education.
2. An agreement entered into pursuant to this section must include, without limitation:
(a) Standards that must be met by the nonprofit organization, community entity or governmental agency; and
(b) An allocation of any costs that must be shared between the nonprofit organization, community entity or governmental agency and the System.
Sec. 2. NRS 396.255 is hereby amended to read as follows:
396.255 The Board of Regents shall, to carry out the purposes of subsection 3 of NRS 281.221, subsection 3 of NRS 281.230, subsection 3 of NRS 281A.430 and NRS 396.1215, and section 1 of this act, establish policies governing the contracts that faculty members and employees of the System may enter into or benefit from.
Sec. 3. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 151κ
Senate Bill No. 2Committee on Government Affairs
CHAPTER 31
[Approved: May 24, 2023]
AN ACT relating to emergency management; revising provisions relating to the State Disaster Identification Coordination Committee of the Division of Emergency Management of the Office of the Military; transferring the duty to adopt regulations governing the Committee from the Office of the Military to the Division; revising provisions relating to the reporting to the Committee of certain information regarding the treatment of certain persons; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the State Disaster Identification Coordination Committee within the Division of Emergency Management of the Office of the Military. (NRS 414.270) Existing law further authorizes, under certain circumstances, the Chief of the Division to activate the Committee or a subcommittee thereof: (1) during the existence of a state of emergency or a declaration of a disaster or a public health emergency or other health event; or (2) during an emergency in a city or county. If activated, the Committee or subcommittee thereof is required to coordinate the sharing of information among state, local and tribal governmental agencies regarding persons who appear to be injured or killed or contracted an illness. (NRS 414.038, 414.285) Section 2 of this bill clarifies that, under certain circumstances, the Chief of the Division may also activate the Committee or a subcommittee thereof in preparation for an imminent emergency, disaster, public health emergency or other health event.
Existing law authorizes a provider of health care to whom a person comes or is brought for the treatment of an injury inflicted during a state of emergency or declaration of disaster or an illness contracted during a public health emergency or other health event to submit a report to the Committee. The report must contain certain information relating to the person who was treated. (NRS 629.043) Section 5 of this bill instead requires providers of health care to submit such a report. Section 5 further provides that: (1) such a report must include certain information including the number of the medical record of the person who was treated; and (2) the information in such a report is confidential and must be securely maintained by each person who has possession, custody or control of such information. Section 4 of this bill makes a conforming change to provide that these reports are not public records.
Existing law requires the Committee to notify providers of health care of the provisions of existing law governing the submission of such reports to the Committee. (NRS 414.280) Section 1 of this bill: (1) requires the Committee to share the information from the reports submitted by providers of health care with a county or city upon the request of the county or city for the purpose of reunification or identification services; and (2) makes a member of the Committee immune from civil action for a disclosure concerning the reports submitted by providers of health care that is made in good faith.
Existing law requires the Office of the Military to adopt regulations governing the Committee. (NRS 414.300) Section 3 of this bill transfers the requirement to adopt regulations from the Office of the Military to the Division.
κ2023 Statutes of Nevada, Page 152 (CHAPTER 31, SB 2)κ
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 414.280 is hereby amended to read as follows:
414.280 1. The State Disaster Identification Coordination Committee shall:
[1.] (a) Notify providers of health care, as defined in NRS 629.031, in writing of the provisions of NRS 629.043.
[2.] (b) Develop a plan for performing its duties pursuant to NRS 414.285 during activation. Such a plan is confidential and must be securely maintained by each person who has possession, custody or control of the plan.
[3.] (c) Annually review the plan developed pursuant to [subsection 2] paragraph (b) and annually practice carrying out the plan.
[4.] (d) On or before January 31 of each year, submit a report to the Chief, the Governor and the Director of the Legislative Counsel Bureau for transmittal to the next session of the Legislature, if the report is submitted in an even-numbered year, or the Legislative Commission, if the report is submitted in an odd-numbered year. The report must include, without limitation:
[(a)] (1) A description of the activities of the State Disaster Identification Coordination Committee for the immediately preceding calendar year; and
[(b)] (2) A summary of any policies or procedures adopted by the State Disaster Identification Coordination Committee for the immediately preceding calendar year.
(e) Upon the request of a political subdivision made for the purpose of performing reunification or identification services, share information obtained in a report submitted to the Committee pursuant to NRS 629.043 with the political subdivision, including, without limitation, the local health authority, the local law enforcement, the local emergency manager, the local coroner or other persons assigned by the political subdivision to perform reunification and identification services.
2. A member of the State Disaster Identification Coordination Committee is immune from any civil action for any disclosure made in good faith in accordance with paragraph (e) of subsection 1.
Sec. 2. NRS 414.285 is hereby amended to read as follows:
414.285 1. The Chief may activate the State Disaster Identification Coordination Committee or any subcommittee thereof [to coordinate the sharing of information among state, local and tribal governmental agencies regarding persons who appear to have been injured or killed or contracted an illness:
1.] :
(a) During the existence of a state of emergency or declaration of disaster pursuant to NRS 414.070 or a public health emergency or other health event pursuant to NRS 439.970; [or
2.] (b) During an emergency in a political subdivision, upon the request of a political subdivision, if the Chief determines that the political subdivision requires the services of the Committee [.] ; or
κ2023 Statutes of Nevada, Page 153 (CHAPTER 31, SB 2)κ
(c) In preparation for an imminent occurrence that may result in emergency, disaster, public health emergency or other health event described in paragraph (a) or (b).
2. If the State Disaster Identification Coordination Committee or any subcommittee thereof is activated pursuant to subsection 1, the Committee or subcommittee, as applicable, shall prepare for and coordinate the sharing of information among state, local and tribal governmental agencies regarding persons who appear to have been injured or killed or contracted an illness during the emergency, disaster, public health emergency or other health event, as applicable.
Sec. 3. NRS 414.300 is hereby amended to read as follows:
414.300 The Division of Emergency Management of the Office of the Military shall adopt such regulations as are necessary to govern the State Disaster Identification Coordination Committee.
Sec. 4. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 224.240, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.
κ2023 Statutes of Nevada, Page 154 (CHAPTER 31, SB 2)κ
394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 630.2672, 630.2673, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 633.301, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 635.111, 635.158, 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public.
κ2023 Statutes of Nevada, Page 155 (CHAPTER 31, SB 2)κ
any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.
4. If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic medium. Nothing in this subsection requires a governmental entity to provide a copy of a public record in an electronic format or by means of an electronic medium if:
(a) The public record:
(1) Was not created or prepared in an electronic format; and
(2) Is not available in an electronic format; or
(b) Providing the public record in an electronic format or by means of an electronic medium would:
(1) Give access to proprietary software; or
(2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.
5. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
Sec. 5. NRS 629.043 is hereby amended to read as follows:
629.043 1. A provider of health care to whom any person comes or is brought for the treatment of an injury which the provider concludes was inflicted during the existence of a state of emergency or declaration of disaster pursuant to NRS 414.070 or an illness which the provider concludes was contracted during a public health emergency or other health event pursuant to NRS 439.970 [may] shall submit a written report [electronically] to the State Disaster Identification Coordination Committee.
2. [If a provider of health care submits a] A report submitted pursuant to subsection 1 [, the report] must include, [without limitation:] in as much detail as possible:
(a) The name, address, telephone number and electronic mail address of the person treated, if known;
κ2023 Statutes of Nevada, Page 156 (CHAPTER 31, SB 2)κ
(b) The number of the medical record of the person treated;
(c) The location where the person was treated; and
[(c)] (d) The character or extent of the injuries or illness of the person treated.
3. A provider of health care and his or her agents and employees are immune from any civil action for any disclosures made in good faith in accordance with the provisions of this section.
4. Except as otherwise provided in NRS 414.280, a report submitted to the State Disaster Identification Coordination Committee pursuant to this section is confidential and must be securely maintained by each person who has possession, custody or control of the report.
Sec. 6. 1. Any administrative regulations adopted by an officer or an agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remain in force until amended by the officer or agency to which the responsibility for the adoption of the regulations has been transferred.
2. Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer or agency to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.
3. Any action taken by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remains in effect as if taken by the officer or agency to which the responsibility for the enforcement of such actions has been transferred.
Sec. 7. This act becomes effective upon passage and approval.
________
κ2023 Statutes of Nevada, Page 157κ
Senate Bill No. 37Committee on Judiciary
CHAPTER 32
[Approved: May 24, 2023]
AN ACT relating to attorneys; authorizing governmental attorneys to volunteer as third-party neutral mediators under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law generally prohibits the Attorney General, city attorneys, district attorneys, the Legislative Counsel and the attorneys employed in their respective offices from defending any person charged with a crime, but authorizes any attorney employed by the State of Nevada or any agency or political subdivision of the State to represent an indigent person in proceedings under certain circumstances. (NRS 7.065, 7.105) This bill additionally authorizes attorneys employed by the State of Nevada or any agency or political subdivision of the State to serve as third-party neutral mediators under certain circumstances.
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 7.065 is hereby amended to read as follows:
7.065 Except as otherwise provided by a specific statute, any attorney employed by the State of Nevada or any agency or political subdivision of the State may [represent] :
1. Represent an indigent person in any proceeding if:
[1.] (a) The attorney first receives the permission of his or her supervisor, if any, to represent the person in that proceeding;
[2.] (b) The interests of the indigent person in that proceeding do not conflict with the interests of the State or the attorneys employer;
[3.] (c) The representation is provided through or in association with an organization that provides free legal assistance to indigent persons; [and]
[4.] (d) The attorney receives no compensation for the representation [.] ; and
(e) The attorney ensures that his or her professional conduct complies with the Nevada Rules of Professional Conduct.
2. Serve as a third-party neutral mediator to help parties resolve a dispute or other matter if:
(a) The attorney first receives the permission of his or her supervisor, if any, to serve as a third-party neutral mediator in that dispute or matter;
(b) The interests of the mediating parties do not conflict with the interests of the attorneys employer.
(c) Such service as a mediator is provided through, or in association with, an organization that provides free mediation services to individuals;
(d) The attorney receives no compensation for such service; and
(e) The attorney ensures that his or her professional conduct complies with the Nevada Rules of Professional Conduct.
________
κ2023 Statutes of Nevada, Page 158κ
Senate Bill No. 55Committee on Judiciary
CHAPTER 33
[Approved: May 24, 2023]
AN ACT relating to courts; revising provisions governing the clerks of a justice court; revising provisions relating to the jurisdiction of justice courts in criminal cases; revising the amount of credit a court must provide for community service; repealing obsolete provisions relating to the successors of a justice of the peace; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the appointment of a deputy clerk for the justice court who, under the supervision of the justice of the peace, performs clerical functions for the justice court. Existing law requires the deputy clerk to: (1) take the constitutional oath of office; and (2) give an official bond. Existing law also provides that the county clerk is not personally liable on his or her bond or otherwise for the acts of a deputy clerk. (NRS 4.350) Section 4 of this bill: (1) changes the title of the position of deputy clerk for the justice court to clerk of the court; and (2) revises the manner in which such a clerk is appointed. Section 4 also removes the requirement that such a clerk take an oath of office or give an official bond. Finally, section 4 removes provisions limiting the liability of the county clerk for the acts of a clerk of the court. Sections 2, 7 and 9-12 of this bill make conforming changes related to the change in title.
With certain exceptions, existing law provides that, in criminal cases, the jurisdiction of a justice of the peace extends to the limit of the county line of the county of the justice of the peace. (NRS 4.370) Section 5 of this bill removes one such exception, which extends the jurisdiction of a justice of the peace in the case of an arrest made by a member of the Nevada Highway Patrol.
Existing law authorizes a justice court to transfer a criminal case to another justice court in this State in certain circumstances, if: (1) the case involves criminal conduct that occurred outside the county or township where the court is located, and the defendant has appeared before a magistrate; (2) the transfer is necessary to promote access to justice for the defendant; or (3) the defendant agrees to participate in a program of treatment. (NRS 4.3713) Section 6 of this bill removes the requirement that a defendant must have appeared before a magistrate in order to transfer a case that involves criminal conduct that occurred outside a county or township where the court is located. Section 6 also authorizes a justice court to transfer a case if all of the justices of the peace in the court have either recused themselves or been disqualified from presiding over the case. Finally, section 6 removes a prohibition against transferring certain cases until a plea agreement has been reached or the court has made a final disposition.
Existing law authorizes a court, under certain circumstances, to order a convicted person to perform community service in lieu of all or a part of any fine, administrative assessment, fee or imprisonment that may be imposed for the commission of a misdemeanor. Existing law requires a court that ordered a convicted person to perform community service to provide a credit of $10 or the amount of the state minimum wage if health insurance is not offered, whichever is greater, toward the payment of any fine that was imposed against the person for the commission of the offense for which the person was ordered to perform community service. (NRS 176.087) Section 8 of this bill revises this requirement by requiring a court to provide a credit of not less than the state minimum wage toward the payment of a fine.
Section 13 of this bill removes certain obsolete provisions of law relating to successors of a justice of the peace. (NRS 4.290, 4.300)
κ2023 Statutes of Nevada, Page 159 (CHAPTER 33, SB 55)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 2. NRS 1.170 is hereby amended to read as follows:
1.170 The clerk of each court, or the:
1. Deputy clerk;
2. Justice of the peace if a [deputy] clerk of the court has not been appointed for the justice court; or
3. Judge of a municipal court designated as a court of record pursuant to NRS 5.010 if a deputy clerk has not been appointed for that court,
Κ shall keep the seal of the court.
Sec. 3. (Deleted by amendment.)
Sec. 4. NRS 4.350 is hereby amended to read as follows:
4.350 1. [Except as otherwise provided in subsection 5, the county clerk, with the approval of the board of county commissioners and the justice of the peace, may appoint a deputy clerk for the justice court.] The justices of the peace of each justice court where there is more than one justice of the peace shall appoint a clerk of the court, who may also be known as the justice court administrator. In a justice court where there is only one justice of the peace, the justice of the peace shall be deemed to be the clerk of the court unless the justice of the peace appoints another person as the clerk of the court.
2. The compensation of a clerk so appointed must be fixed by the board of county commissioners.
[2. The deputy clerk shall take the constitutional oath of office and give bond in the sum of $2,000 for the faithful discharge of the duties of the office, and in the same manner as is required of other officers of the township and county. The county clerk is not personally liable, on his or her official bond or otherwise, for the acts of a deputy clerk appointed pursuant to this section.]
3. The [deputy] clerk of the court may, under the direct supervision of the justice of the peace, administer oaths, take and certify affidavits and acknowledgments, issue process, enter suits on the docket, and do all clerical work in connection with the keeping of the records, files and dockets of the court, and shall perform any other duties in connection with the office as the justice of the peace prescribes.
[4. Except as otherwise provided in subsection 5, where there is more than one justice of the peace serving in any township, the county clerk may, with the approval of the board of county commissioners and the justices of the peace, appoint a second deputy who shall comply with the requirements of subsection 2 and has the powers and duties prescribed in subsection 3.
5. In a county whose population is 700,000 or more, the board of county commissioners, with the approval of the justice of the peace, may appoint a deputy clerk for a justice court. If there is more than one justice of the peace serving in any township, the board, with the approval of the justices of the peace, may appoint one or more additional deputy clerks.
κ2023 Statutes of Nevada, Page 160 (CHAPTER 33, SB 55)κ
6. If no deputy clerk is appointed for a township, the justice of the peace shall be deemed to be the clerk of the court and may appoint as many deputy clerks for the justice court as the justice of the peace determines necessary.]
Sec. 5. NRS 4.370 is hereby amended to read as follows:
4.370 1. Except as otherwise provided in subsection 2, justice courts have jurisdiction of the following civil actions and proceedings and no others except as otherwise provided by specific statute:
(a) In actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed $15,000.
(b) In actions for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed does not exceed $15,000.
(c) Except as otherwise provided in paragraph (l), in actions for a fine, penalty or forfeiture not exceeding $15,000, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.
(d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $15,000, though the penalty may exceed that sum. Bail bonds and other undertakings posted in criminal matters may be forfeited regardless of amount.
(e) In actions to recover the possession of personal property, if the value of the property does not exceed $15,000.
(f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed $15,000.
(g) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed do not exceed $15,000 or when no damages are claimed.
(h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed do not exceed $15,000 or when no damages are claimed.
(i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed $15,000.
(j) Of actions for the enforcement of mechanics liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $15,000.
(k) Of actions for the enforcement of liens of owners of facilities for storage, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $15,000.
(l) In actions for a civil penalty imposed for a violation of NRS 484D.680.
(m) Except as otherwise provided in this paragraph, in any action for the issuance of a temporary or extended order for protection against domestic violence pursuant to NRS 33.020. A justice court does not have jurisdiction in an action for the issuance of a temporary or extended order for protection against domestic violence:
(1) In a county whose population is 100,000 or more and less than 700,000;
(2) In any township whose population is 100,000 or more located within a county whose population is 700,000 or more;
κ2023 Statutes of Nevada, Page 161 (CHAPTER 33, SB 55)κ
(3) If a district court issues a written order to the justice court requiring that further proceedings relating to the action for the issuance of the order for protection be conducted before the district court; or
(4) Where the adverse party against whom the order is sought is under 18 years of age.
(n) Except as otherwise provided in this paragraph, in any action for the issuance of an emergency or extended order for protection against high-risk behavior pursuant to NRS 33.570 or 33.580. A justice court does not have jurisdiction in an action for the issuance of an emergency or extended order for protection against high-risk behavior:
(1) In a county whose population is 100,000 or more but less than 700,000;
(2) In any township whose population is 100,000 or more located within a county whose population is 700,000 or more;
(3) If a district court issues a written order to the justice court requiring that further proceedings relating to the action for the issuance of the order for protection be conducted before the district court; or
(4) Where the adverse party against whom the order is sought is under 18 years of age.
(o) In an action for the issuance of a temporary or extended order for protection against harassment in the workplace pursuant to NRS 33.200 to 33.360, inclusive, where the adverse party against whom the order is sought is 18 years of age or older.
(p) In small claims actions under the provisions of chapter 73 of NRS.
(q) In actions to contest the validity of liens on mobile homes or manufactured homes.
(r) In any action pursuant to NRS 200.591 for the issuance of a protective order against a person alleged to be committing the crime of stalking, aggravated stalking or harassment where the adverse party against whom the order is sought is 18 years of age or older.
(s) In any action pursuant to NRS 200.378 for the issuance of a protective order against a person alleged to have committed the crime of sexual assault where the adverse party against whom the order is sought is 18 years of age or older.
(t) In actions transferred from the district court pursuant to NRS 3.221.
(u) In any action for the issuance of a temporary or extended order pursuant to NRS 33.400.
(v) In any action seeking an order pursuant to NRS 441A.195.
(w) In any action to determine whether a person has committed a civil infraction punishable pursuant to NRS 484A.703 to 484A.705, inclusive.
2. The jurisdiction conferred by this section does not extend to civil actions, other than for forcible entry or detainer, in which the title of real property or mining claims or questions affecting the boundaries of land are involved.
3. Justice courts have jurisdiction of all misdemeanors and no other criminal offenses except as otherwise provided by specific statute. Upon approval of the district court, a justice court may transfer original jurisdiction of a misdemeanor to the district court for the purpose of assigning an offender to a program established pursuant to NRS 176A.250 or, if the justice court has not established a program pursuant to NRS 176A.280, to a program established pursuant to that section.
κ2023 Statutes of Nevada, Page 162 (CHAPTER 33, SB 55)κ
4. Except as otherwise provided in subsections 5 [,] and 6 , [and 7,] in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.
5. A justice of the peace may conduct a pretrial release hearing for a person located outside of the township of the justice of the peace.
6. [In the case of any arrest made by a member of the Nevada Highway Patrol, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.
7.] Each justice court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.
Sec. 6. NRS 4.3713 is hereby amended to read as follows:
4.3713 1. A justice court may, on its own motion, transfer original jurisdiction of a criminal case filed with that court to another justice court or a municipal court if:
(a) The case involves criminal conduct that occurred outside the limits of the county or township where the court is located ; [and the defendant has appeared before a magistrate pursuant to NRS 171.178;]
(b) Such a transfer is necessary to promote access to justice for the defendant and the justice court has noted its findings concerning that issue in the record; [or]
(c) The defendant agrees to participate in a program of treatment, including, without limitation, a program of treatment made available pursuant to NRS 176A.230, 176A.250 or 176A.280, or to access other services located elsewhere in this State [.] ; or
(d) All the justices of the peace in the justice court have either recused themselves or been disqualified from presiding over the case.
2. A justice court may not issue an order for the transfer of a case pursuant to paragraph [(b) or] (c) of subsection 1 until a plea agreement has been reached or the final disposition of the case, whichever occurs first.
3. An order issued by a justice court which transfers a case pursuant to this section becomes effective after a notice of acceptance is returned by the justice court or municipal court to which the case was transferred. If a justice court or municipal court refuses to accept the transfer of a case pursuant to subsection 1, the case must be returned to the justice court which sought the transfer.
Sec. 7. NRS 6.160 is hereby amended to read as follows:
6.160 The clerk of the court in cases in the district court and [the deputy clerk of the] justice court [in cases in the justice court] shall keep a payroll, enrolling thereon the names of all jurors, the number of days in attendance and the actual number of miles traveled by the shortest and most practical route in going to and returning from the place where the court is held, and at the conclusion of a trial may:
1. Give a statement of the amounts due to the jurors to the county auditor, who shall draw warrants upon the county treasurer for the payment thereof; or
2. Make an immediate payment in cash of the amount owing to each juror.
Κ These payments must be made from and to the extent allowed by the fees collected from the demanding party, pursuant to the provisions of NRS 6.150, and from and to the extent allowed by any other fees which have been collected pursuant to law.
κ2023 Statutes of Nevada, Page 163 (CHAPTER 33, SB 55)κ
collected pursuant to law. The clerk shall obtain from each juror so paid a receipt signed by him or her and indicating the date of payment, the date of service and the amount paid. A duplicate of this receipt must be immediately delivered to the appropriate county auditor, county recorder or county comptroller.
Sec. 8. NRS 176.087 is hereby amended to read as follows:
176.087 1. Except where the imposition of a specific criminal penalty is mandatory, a court may order a convicted person to perform supervised community service:
(a) In lieu of all or a part of any fine, administrative assessment, fee or imprisonment that may be imposed for the commission of a misdemeanor; or
(b) As a condition of probation granted for another offense.
2. The community service must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents.
3. The court may require the convicted person to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the person performs the community service, unless, in the case of industrial insurance, it is provided by the authority for which the person performs the community service.
4. The following conditions apply to any such community service imposed by the court:
(a) The court must fix the period of community service that is imposed as punishment or a condition of probation and distribute the period over weekends or over other appropriate times that will allow the convicted person to continue employment and to care for the persons family. The period of community service fixed by the court must not exceed, for a:
(1) Misdemeanor, 200 hours;
(2) Gross misdemeanor, 600 hours; or
(3) Felony, 1,000 hours.
(b) A supervising authority listed in subsection 2 must agree to accept the convicted person for community service before the court may require the convicted person to perform community service for that supervising authority. The supervising authority must be located in or be the town or city of the convicted persons residence or, if that placement is not possible, one located within the jurisdiction of the court or, if that placement is not possible, the authority may be located outside the jurisdiction of the court.
(c) Community service that a court requires pursuant to this section must be supervised by an official of the supervising authority or by a person designated by the authority.
(d) The court may require the supervising authority to report periodically to the court or to a probation officer the convicted persons performance in carrying out the punishment or condition of probation.
5. For each hour of community service that is performed by a person pursuant to this section, the court must provide a credit of [$10 or] not less than the amount of the state minimum wage [if health insurance is not offered, whichever is greater,] toward the payment of any fine that was imposed against the person for the commission of the offense for which the person was ordered to perform community service.
κ2023 Statutes of Nevada, Page 164 (CHAPTER 33, SB 55)κ
Sec. 9. NRS 178.544 is hereby amended to read as follows:
178.544 1. Whenever a person is admitted to bail in a Justice Court and the bail is put in by a written undertaking, the [deputy] clerk of the Justice Court shall record:
(a) The name of the defendant;
(b) The names of the sureties;
(c) The amount of the bond;
(d) The name of the court;
(e) The number of the case; and
(f) Such other information as is reasonably necessary to complete the record.
2. When the bond is exonerated or forfeited, the [deputy] clerk of the Justice Court shall record:
(a) The date of the exoneration or forfeiture;
(b) The book and page of the minute order declaring the exoneration or forfeiture; and
(c) The date of notice to the district attorney of any forfeiture of the bond.
Sec. 10. NRS 178.548 is hereby amended to read as follows:
178.548 The county clerk, the [deputy] clerk of the justice court, or the Clerk of the Supreme Court shall notify the district attorney of the appropriate county, in writing, promptly upon the receipt of information indicating that a bail bond has been forfeited.
Sec. 11. NRS 178.606 is hereby amended to read as follows:
178.606 A docket must be kept by the [deputy] clerk of the justice court, in which the [deputy] clerk shall enter each action [,] and the minutes of the proceedings of the court therein.
Sec. 12. NRS 239.110 is hereby amended to read as follows:
239.110 1. In addition to any other requirement of this section, the Clerk of the Supreme Court, a deputy clerk of the Supreme Court, a county clerk, the clerk of a district court, a deputy clerk of a district court, a [deputy] clerk of a justice court or a clerk of a municipal court may destroy a court record only in accordance with a schedule for the retention and disposition of court records which is approved by the Supreme Court.
2. The Clerk of the Supreme Court, a deputy clerk of the Supreme Court, a county clerk, the clerk of a district court or a deputy clerk of a district court who destroys a court record pursuant to this section may do so only if an image of the court record has been placed on microfilm or has been saved in an electronic recordkeeping system which permits the retrieval of the information contained in the court record and the reproduction of the court record.
3. Except as otherwise prohibited by law, a [deputy] clerk of a justice court or [a clerk of a] municipal court may destroy a court record pursuant to a schedule for the retention and disposition of court records established by the Supreme Court without placing an image of the court record on microfilm or saving an image of the court record in an electronic recordkeeping system.
4. A reproduction of an image of a court record that has been placed on microfilm or saved pursuant to this section shall be deemed to be the original court record, regardless of whether the original exists.
κ2023 Statutes of Nevada, Page 165 (CHAPTER 33, SB 55)κ
5. A microfilmed image of a court record or an image of a court record saved in an electronic recordkeeping system pursuant to this section must be durable, accurate, complete and clear.
6. If, pursuant to this section, an image of a court record is placed on microfilm or is saved in an electronic recordkeeping system, the clerk who does so shall promptly store at least one copy of the microfilm or any tape, disc or other medium used for the storage of the saved image in a manner and place:
(a) So as to protect it reasonably from loss or damage; and
(b) As prescribed by the Supreme Court.
7. The Supreme Court may provide by rule for the destruction, without prior microfilming, of such other documents of the several courts of this State as are held in the offices of the clerks but which:
(a) No longer serve any legal, financial or administrative purpose; and
(b) Do not have any historical value.
8. The Court Administrator may request the Division to advise and assist the Supreme Court in its establishment of the rules or of a schedule for the retention and disposition of court records.
9. As used in this section, court record means any document, device or item, regardless of physical form or characteristic, that:
(a) Is created by, received by or comes under the jurisdiction of the Supreme Court, the Court of Appeals or a district court, justice court or municipal court; and
(b) Documents the organization, functions, policies, decisions, procedures, operations or any other activities of the Supreme Court, Court of Appeals, district court, justice court or municipal court.
Sec. 13. NRS 4.290 and 4.300 are hereby repealed.
________
Senate Bill No. 62Committee on Judiciary
CHAPTER 34
[Approved: May 24, 2023]
AN ACT relating to the Commission on Judicial Discipline; clarifying the jurisdiction of the Commission and the State Bar of Nevada with regard to judges who are licensed to practice law in this State; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the Commission on Judicial Discipline has exclusive jurisdiction over the public censure, removal, involuntary retirement and other discipline of judges. (NRS 1.440) This bill clarifies that if a judge is licensed to practice law in this State: (1) the State Bar of Nevada has jurisdiction over disciplinary action for acts or omissions that occurred before the date on which the judge entered upon the duties of office; and (2) the Commission has jurisdiction over the public censure, removal, involuntary retirement and other discipline imposed as a result of an act or omission that occurs on and after the date on which the judge enters upon the duties of office.
κ2023 Statutes of Nevada, Page 166 (CHAPTER 34, SB 62)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1 and 2. (Deleted by amendment.)
Sec. 3. NRS 1.440 is hereby amended to read as follows:
1.440 1. [The] Except as otherwise provided in subsection 2, the Commission has exclusive jurisdiction over the public censure, removal, involuntary retirement and other discipline of judges which is coextensive with its jurisdiction over justices of the Supreme Court and must be exercised in the same manner and under the same rules.
2. If a judge is licensed to practice law in this State:
(a) The State Bar of Nevada has jurisdiction over disciplinary action for acts or omissions that occurred before the date on which the judge entered upon the duties of office; and
(b) The Commission has jurisdiction over the public censure, removal, involuntary retirement and other discipline imposed as a result of an act or omission that occurs on and after the date on which the judge enters upon the duties of office.
3. Any complaint or action, including, without limitation, an interlocutory action or appeal, filed in connection with any proceeding of the Commission must be filed in the Supreme Court. Any such complaint or action filed in a court other than the Supreme Court shall be presumed to be frivolous and intended solely for the purposes of delay.
[3.] 4. The Supreme Court shall appoint two justices of the peace and two municipal judges to sit on the Commission for formal, public proceedings against a justice of the peace or a municipal judge, respectively. Justices of the peace and municipal judges so appointed must be designated by an order of the Supreme Court to sit for such proceedings in place of and to serve for the same terms as the regular members of the Commission appointed by the Supreme Court.
________
κ2023 Statutes of Nevada, Page 167κ
Senate Bill No. 406Committee on Legislative Operations and Elections
CHAPTER 35
[Approved: May 24, 2023]
AN ACT relating to elections; making it unlawful for a person to use or threaten or attempt to use any force, intimidation, coercion, violence, restraint or undue influence with the intent to interfere with the performance of duties of an elections official or retaliate against an elections official for the performance of such duties; making it unlawful to disseminate certain information about an elections official; prohibiting certain constitutional officers from soliciting or accepting political contributions during certain periods; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law makes it a crime, punishable as a category E felony, to use or threaten to use any force, intimidation, coercion, violence, restraint or undue influence in connection with any election, petition or preregistration or registration of voters. (NRS 293.710) Section 1 of this bill makes it a crime, punishable as a category E felony, for any person to use or threaten or attempt to use any force, intimidation, coercion, violence, restraint or undue influence with the intent to: (1) interfere with the performance of the duties of any elections official relating to an election; or (2) retaliate against any elections official for performing duties relating to an election. Section 1 further makes it a crime, punishable as a category E felony, for any person to disseminate any personal identifying information or sensitive information of an elections official without the consent of the elections official, knowing that the elections official could be identified by such information, if: (1) the person disseminates such personal identifying information or sensitive information 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 with the intent to cause harm to the elections official 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 (2) the dissemination of the personal identifying information or sensitive information would cause a reasonable person to fear the death, bodily injury or stalking of himself or herself or a close relation or causes the death, bodily injury or stalking of the elections official whose information was disseminated or a close relation of the elections official. Finally, section 1 establishes that certain activities are not restricted by section 1.
Existing law makes it unlawful for a member of the Legislature, the Lieutenant Governor, the Lieutenant Governor-Elect, the Governor or the Governor-Elect from soliciting or accepting monetary contributions for any political purpose during a certain period before and after a legislative session. (NRS 294A.300) Section 5.3 of this bill makes it unlawful for the Secretary of State, the State Treasurer, the State Controller or the Attorney General from soliciting or accepting monetary contributions for any political purpose during a certain period before and after a legislative session. Section 5.6 of this bill makes conforming changes to prohibit a lobbyist from making or committing or offering to make a monetary contribution during such periods. Section 6 of this bill makes sections 5.3 and 5.6 effective on October 1, 2023.
κ2023 Statutes of Nevada, Page 168 (CHAPTER 35, SB 406)κ
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:
1. It is unlawful for any person to use or threaten or attempt to use any force, intimidation, coercion, violence, restraint or undue influence with the intent to:
(a) Interfere with the performance of the duties of any elections official relating to an election; or
(b) Retaliate against any elections official for performing duties relating to an election.
2. The provisions of subsection 1 apply regardless of whether a person uses or threatens or attempts to use such force, intimidation, coercion, violence, restraint or undue influence at a polling place or a location other than a polling place.
3. It is unlawful for a person to disseminate any personal identifying information or sensitive information of an elections official without the consent of the elections official, knowing that the elections official could be identified by such information, if:
(a) The person disseminates such personal identifying information or sensitive 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 elections official 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 elections official whose information was disseminated or a close relation of the elections official.
4. A person who violates the provisions of subsection 1 or 3 is guilty of a category E felony and shall be punished as provided in NRS 193.130.
5. This section does not limit:
(a) The applicability of the provisions of law relating to:
(1) Observing the conduct of voting at a polling place pursuant to NRS 293.274 or 293C.269;
(2) Observing the conduct of tests pursuant to NRS 293B.145 or 293C.615;
(3) Observing the handling of ballots upon the closing of the polls pursuant to NRS 293B.330 or 293C.630;
(4) Observing the counting of ballots at the central counting place pursuant to NRS 293B.353;
κ2023 Statutes of Nevada, Page 169 (CHAPTER 35, SB 406)κ
(5) Observing the delivery, counting, handling and processing of the ballots at a polling place, receiving center and the central counting place pursuant to NRS 293B.354; and
(6) Observing ballot processing pursuant to NRS 293B.380.
(b) The ability of a person to give or offer to give prepackaged food items, nonalcoholic beverages, coats, handwarmers or other similar items to other persons who are at a polling place or any other location described in paragraph (a), if done in accordance with any other law and to the extent such items are not distributed inside of a building which does not permit the distribution of such items in the building as indicated by a sign posted in a prominent place at the entrance of the building.
(c) The ability of a person to engage in written recordation of notes at a polling place or a location other than a polling place; or
(d) The ability of a person to communicate with voters, election board officers or other persons in any way that is not otherwise limited or prohibited pursuant to subsection 1 or 3 or any other provision of law, including, without limitation, NRS 293.740.
6. 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 of who, within the immediately preceding 6 months, regularly resided in the household.
(b) Elections official means:
(1) The Secretary of State or any deputy or employee in the Elections Division of the Office of the Secretary of State who is charged with duties relating to an election;
(2) A registrar of voters, county clerk, city clerk or any deputy or employee in the elections division of a county or city who is charged with elections duties; or
(3) An election board officer or counting board officer.
(c) Personal identifying information has the meaning ascribed to it in NRS 205.4617.
(d) Sensitive information has the meaning ascribed to it in NRS 41.1347.
(e) Stalking means a violation of NRS 200.575.
Secs. 2-5. (Deleted by amendment.)
Sec. 5.3. NRS 294A.300 is hereby amended to read as follows:
294A.300 1. Except as otherwise provided in this section, it is unlawful for a member of the Legislature, the Lieutenant Governor, the Lieutenant Governor-Elect, the Governor , [or] the Governor-Elect , the Secretary of State, the State Treasurer, the State Controller or the Attorney General to solicit or accept any monetary contribution, or solicit or accept a commitment to make such a contribution for any political purpose during the period beginning:
(a) Thirty days before a regular session of the Legislature and ending 30 days after the final adjournment of a regular session of the Legislature;
(b) Fifteen days before a special session of the Legislature is set to commence and ending 15 days after the final adjournment of a special session of the Legislature, if:
(1) The Governor sets a specific date for the commencement of the special session that is more than 15 days after the date on which the Governor issues the proclamation calling for the special session pursuant to Section 9 of Article 5 of the Nevada Constitution; or
κ2023 Statutes of Nevada, Page 170 (CHAPTER 35, SB 406)κ
Governor issues the proclamation calling for the special session pursuant to Section 9 of Article 5 of the Nevada Constitution; or
(2) The members of the Legislature set a date on or before which the Legislature is to convene the special session that is more than 15 days after the date on which the Secretary of State receives one or more substantially similar petitions signed, in the aggregate, by the required number of members calling for the special session pursuant to Section 2A of Article 4 of the Nevada Constitution; or
(c) The day after:
(1) The date on which the Governor issues the proclamation calling for the special session and ending 15 days after the final adjournment of the special session if the Governor sets a specific date for the commencement of the special session that is 15 or fewer days after the date on which the Governor issues the proclamation calling for the special session; or
(2) The date on which the Secretary of State receives one or more substantially similar petitions signed, in the aggregate, by the required number of members of the Legislature calling for the special session and ending 15 days after the final adjournment of the special session if the members set a date on or before which the Legislature is to convene the special session that is 15 or fewer days after the date on which the Secretary of State receives the petitions.
2. Except as otherwise provided in this section, a person shall not make or commit to make a contribution or commitment prohibited by subsection 1.
3. This section does not prohibit the payment of a salary or other compensation or income to a member of the Legislature, the Lieutenant Governor , [or] the Governor , the Secretary of State, the State Treasurer, the State Controller or the Attorney General during the period set forth in subsection 1 if it is made for services provided as a part of his or her regular employment or is additional income to which he or she is entitled.
4. This section does not apply to any monetary contribution or commitment to make such a contribution that may be given to or accepted by a person pursuant to NRS 294A.115. The provisions of this subsection do not authorize:
(a) A person to accept or solicit a contribution, or solicit or accept a commitment to make such a contribution, other than a contribution authorized pursuant to NRS 294A.115.
(b) A person to make or commit to make a contribution other than a contribution authorized pursuant to NRS 294A.115.
5. This section does not apply to any monetary contribution or commitment to make such a contribution that may be given to or accepted by a Legislator pursuant to NRS 294A.117.
6. As used in this section, political purpose includes, without limitation, the establishment of, or the addition of money to, a legal defense fund.
Sec. 5.6. NRS 218H.930 is hereby amended to read as follows:
218H.930 1. A lobbyist shall not knowingly or willfully make any false statement or misrepresentation of facts:
(a) To any member of the Legislative Branch in an effort to persuade or influence the member in any legislative action.
(b) In a registration statement or report concerning lobbying activities filed with the Director.
κ2023 Statutes of Nevada, Page 171 (CHAPTER 35, SB 406)κ
2. A lobbyist shall not knowingly or willfully give any gift to a member of the Legislative Branch or a member of his or her immediate family or otherwise directly or indirectly arrange, facilitate or serve as a conduit for such a gift, whether or not the Legislature is in a regular or special session.
3. A member of the Legislative Branch or a member of his or her immediate family shall not knowingly or willfully solicit or accept any gift from a lobbyist, whether or not the Legislature is in a regular or special session.
4. A client of a lobbyist shall not make that lobbyists compensation or reimbursement contingent in any manner upon the outcome of any legislative action.
5. Except during the period permitted by NRS 218H.200, a person shall not knowingly act as a lobbyist during a regular or special session without being registered as required by that section, unless the person qualifies for an exemption or exception from the requirements to register as a lobbyist pursuant to any regulations adopted in accordance with NRS 218H.500.
6. Except as otherwise provided in subsection 7, a member of the Legislative or Executive Branch of the State Government and an elected officer or employee of a political subdivision shall not receive compensation or reimbursement other than from the State or the political subdivision for personally engaging in lobbying.
7. An elected officer or employee of a political subdivision may receive compensation or reimbursement from any organization whose membership consists of elected or appointed public officers.
8. A lobbyist shall not instigate the introduction of any legislation for the purpose of obtaining employment to lobby in opposition to that legislation.
9. A lobbyist shall not make, commit to make or offer to make a monetary contribution to a Legislator, the Lieutenant Governor, the Lieutenant Governor-elect, the Governor , [or] the Governor-elect , the Secretary of State, the State Treasurer, the State Controller or the Attorney General during the period set forth in subsection 1 of NRS 294A.300 unless such act is otherwise authorized pursuant to subsection 4 of NRS 294A.300.
Sec. 6. 1. This section and sections 1 to 5, inclusive, of this act become effective upon passage and approval.
2. Sections 5.3 and 5.6 of this act become effective on October 1, 2023.
________
κ2023 Statutes of Nevada, Page 172κ
Assembly Bill No. 18Committee on Government Affairs
CHAPTER 36
[Approved: May 25, 2023]
AN ACT relating to governmental administration; revising the definitions of certain terms related to the provision of information services to using agencies by the Division of Enterprise Information Technology Services of the Department of Administration; revising the composition of the Division; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Division of Enterprise Information Technology Services of the Department of Administration that consists of: (1) the Administrator; (2) the Enterprise Application Services Unit; (3) the Communication and Computing Unit; and (4) the Office of Information Security. Existing law further provides that the Communication and Computing Unit consists of a Communications Group and Telecommunications Group. (NRS 242.080) Section 4 of this bill provides instead that the Division consists of: (1) the Administration Unit, of which the Administrator is the head; (2) the Client Services Unit; (3) the Computing Services Unit; (4) the Network Services Unit, which consists of a Network Transport Services Group and Telecommunications Group; and (5) the Office of Information Security. Sections 8-13 and 15 of this bill make conforming changes related to the revisions to the composition of the Division.
Existing law defines equipment in relation to the responsibilities and duties of the Division as any machine or device designated for the automatic handling of information, including but not limited to recording, storage, transmission and retrieval. (NRS 242.051) Section 1 of this bill provides instead that equipment means any machine or device designed for the electronic handling of data or information, including, without limitation, for the acquisition, storage, processing, management, use, maintenance, display, distribution, disposal, transmission and retrieval of data or information.
Existing law defines information system in relation to the responsibilities and duties of the Division as any communications or computer equipment, computer software, procedures, personnel or technology used to collect, process, distribute or store information. (NRS 242.057) Section 2 of this bill provides instead that information system means any communications or computer equipment, software, firmware, procedures, personnel or technology used to acquire, store, process, manage, use, maintain, display, distribute, dispose of, transmit or retrieve data or information.
Existing law sets forth a legislative declaration stating, in relevant part, that the creation of the Division is necessary for the coordinated, orderly and economical processing of information in State Government. (NRS 242.071) Section 3 of this bill revises the existing legislative declaration related to the creation of the Division to provide that the Division is also necessary for the coordinated, orderly and economical processing of data in State Government.
Existing law provides that to facilitate the economical processing of data throughout the State Government, the Division may, under certain circumstances, provide service for agencies not under the control of the Governor. (NRS 242.141) Section 5 of this bill authorizes the Division to also provide service for such agencies to facilitate the economical processing of information throughout the State Government.
κ2023 Statutes of Nevada, Page 173 (CHAPTER 36, AB 18)κ
Existing law requires the Administrator of the Division to advise using agencies on the effective administration and use of the computer facility, including security to prevent unauthorized access to data. (NRS 242.151) Section 6 of this bill requires the Administrator to also advise using agencies on the effective administration and use of the computer facility, including security to prevent unauthorized access to information.
Existing law authorizes the Administrator or Chief of the Office of Information Security to inform certain boards or commissions of any unauthorized acquisition of computerized data that materially compromises the security, confidentiality or integrity of an information system. (NRS 242.183) Section 7 of this bill authorizes the Administrator or Chief to also inform such boards or commissions of unauthorized acquisition of computerized information that materially compromises the security, confidentiality or integrity of an information 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 242.051 is hereby amended to read as follows:
242.051 Equipment means any machine or device designed for the [automatic] electronic handling of data or information, including [but not limited to recording,] , without limitation, for the acquisition, storage, processing, management, use, maintenance, display, distribution, disposal, transmission and retrieval [.] of data or information.
Sec. 2. NRS 242.057 is hereby amended to read as follows:
242.057 Information system means any communications or computer equipment, [computer] software, firmware, procedures, personnel or technology used to [collect,] acquire, store, process, manage, use, maintain, display, distribute [or store] , dispose of, transmit or retrieve data or information.
Sec. 3. NRS 242.071 is hereby amended to read as follows:
242.071 1. The Legislature hereby determines and declares that the creation of the Division of Enterprise Information Technology Services of the Department of Administration is necessary for the coordinated, orderly and economical processing of data and information in State Government, to ensure economical use of information systems and to prevent the unnecessary proliferation of equipment and personnel among the various state agencies.
2. The purposes of the Division are:
(a) To perform information services for state agencies.
(b) To provide technical advice but not administrative control of the information systems within the state agencies and, as authorized, of local governmental agencies.
Sec. 4. NRS 242.080 is hereby amended to read as follows:
242.080 1. The Division of Enterprise Information Technology Services of the Department is hereby created.
2. The Division consists of [the] :
(a) The Administration Unit. The Administrator [and the:
(a) Enterprise Application] is the head of the Administration Unit.
(b) The Client Services Unit.
[(b) Communication and]
κ2023 Statutes of Nevada, Page 174 (CHAPTER 36, AB 18)κ
(c) The Computing Services Unit.
[(c)] (d) The Network Services Unit.
(e) The Office of Information Security.
3. A [Communications] Network Transport Services Group and a Telecommunications Group are hereby created within the [Communication and Computing] Network Services Unit of the Division.
Sec. 5. NRS 242.141 is hereby amended to read as follows:
242.141 To facilitate the economical processing of data or information throughout the State Government, the Division may provide service for agencies not under the control of the Governor, upon the request of any such agency. The Division may provide services, including, without limitation, purchasing services, to a local governmental agency upon request, if provision of such services will result in reduced costs to the State for equipment and services.
Sec. 6. NRS 242.151 is hereby amended to read as follows:
242.151 The Administrator shall advise the using agencies regarding:
1. The policy for information services of the Executive Branch of Government, as that policy relates, but is not limited, to such items as standards for systems and programming and criteria for the selection, location and use of information systems in order that the requirements of state agencies and officers may be met at the least cost to the State;
2. The procedures in performing information services; and
3. The effective administration and use of the computer facility, including security to prevent unauthorized access to data , information and plans for the recovery of systems and applications after they have been disrupted.
Sec. 7. NRS 242.183 is hereby amended to read as follows:
242.183 1. The Chief of the Office of Information Security shall investigate and resolve any breach of an information system of a state agency or elected officer that uses the equipment or services of the Division or an application of such an information system or unauthorized acquisition of computerized data that materially compromises the security, confidentiality or integrity of such an information system.
2. The Administrator or Chief of the Office of Information Security, at his or her discretion, may inform members of the Technological Crime Advisory Board created by NRS 205A.040, the Nevada Commission on Homeland Security created by NRS 239C.120 and the Information Technology Advisory Board created by NRS 242.122 of any breach of an information system of a state agency or elected officer or application of such an information system or unauthorized acquisition of computerized data or information that materially compromises the security, confidentiality or integrity of such an information system.
Sec. 8. NRS 242.191 is hereby amended to read as follows:
242.191 1. Except as otherwise provided in subsection 3, the amount receivable from a state agency or officer or local governmental agency which uses the services of the Division must be determined by the Administrator in each case and include:
κ2023 Statutes of Nevada, Page 175 (CHAPTER 36, AB 18)κ
(a) The annual expense, including depreciation, of operating and maintaining the [Communication and Computing] Network Services Unit, distributed among the agencies in proportion to the services performed for each agency.
(b) A service charge in an amount determined by distributing the monthly installment for the construction costs of the computer facility among the agencies in proportion to the services performed for each agency.
2. The Administrator shall prepare and submit monthly to the state agencies and officers and local governmental agencies for which services of the Division have been performed an itemized statement of the amount receivable from each state agency or officer or local governmental agency.
3. The Administrator may authorize, if in his or her judgment the circumstances warrant, a fixed cost billing, including a factor for depreciation, for services rendered to a state agency or officer or local governmental agency.
Sec. 9. Chapter 233F of NRS is hereby amended by adding thereto a new section to read as follows:
Network Transport Services Group means the Network Transport Services Group of the Network Services Unit of the Division.
Sec. 10. NRS 233F.010 is hereby amended to read as follows:
233F.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 233F.015 to 233F.065, inclusive, and section 9 of this act, have the meanings ascribed to them in those sections.
Sec. 11. NRS 233F.065 is hereby amended to read as follows:
233F.065 Telecommunications Group means the Telecommunications Group of the [Communication and Computing] Network Services Unit of the Division.
Sec. 12. NRS 233F.117 is hereby amended to read as follows:
233F.117 If a state agency other than the [Communications] Network Transport Services Group adds equipment which extends the state communications system to another location, the extension, if approved by the Administrator, becomes part of the state communications system. An approved extension of the system is subject to the provisions of this chapter relating to the system.
Sec. 13. 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]
κ2023 Statutes of Nevada, Page 176 (CHAPTER 36, AB 18)κ
Network Services 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. 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. 14. 1. Any administrative regulations adopted by an officer or an agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remain in force until amended by the officer or agency to which the responsibility for the adoption of the regulations has been transferred.
2. Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer or agency to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.
3. Any action taken by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remains in effect as if taken by the officer or agency to which the responsibility for the enforcement of such actions has been transferred.
Sec. 15. NRS 233F.045 is hereby repealed.
Sec. 16. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 177κ
Assembly Bill No. 68Committee on Judiciary
CHAPTER 37
[Approved: May 25, 2023]
AN ACT relating to juvenile justice; revising the manner in which the assessment imposed on certain counties for the operation of a regional facility for the treatment and rehabilitation of children is calculated; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a juvenile court to commit a child to the custody of a regional facility for the treatment and rehabilitation of children and requires each county whose population is less than 700,000 (currently all counties other than Clark County) to pay an assessment for the operation of certain such facilities to the Division of Child and Family Services of the Department of Health and Human Services. Existing law also establishes the formula used to calculate the assessment owed by each county subject to this requirement. Under existing law, the assessment owed by each assessed county equals the total amount of money budgeted by the Legislature for the operation of the regional facility, minus any money appropriated by the Legislature for the support of the regional facility, divided by the total number of pupils enrolled in public schools in this State in the preceding school year, excluding pupils enrolled in public schools in an unassessed county, and multiplied by the number of pupils enrolled in public schools in the assessed county. (NRS 62B.150)
This bill revises this formula by providing that, after any amount of money appropriated by the Legislature for the support of the regional facility has been subtracted from the amount of money budgeted by the Legislature for the operation of the regional facility, the assessment owed by each assessed county equals the sum of: (1) fifty percent of the remaining amount of money budgeted by the Legislature for the operation of the regional facility, divided by the total number of pupils enrolled in public schools in this State in the preceding school year, excluding pupils enrolled in public schools in an unassessed county, and multiplied by the number of pupils enrolled in public schools in the assessed county; and (2) fifty percent of the remaining amount of money budgeted by the Legislature for the operation of the regional facility, divided by the total number of bed days at the facility for the 2 immediately preceding fiscal years, and multiplied by the number of bed days used by the assessed county. For the purposes of calculating the assessment owed, this bill defines the term bed day to mean a day for which a specific bed at a regional facility is occupied.
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 62B.150 is hereby amended to read as follows:
62B.150 1. Except as otherwise provided in subsection [6,] 8, each county shall pay an assessment for the operation of each regional facility for the treatment and rehabilitation of children that is partially supported by the State of Nevada and is operated by a county whose population is less than 700,000.
κ2023 Statutes of Nevada, Page 178 (CHAPTER 37, AB 68)κ
2. The [assessment owed] total aggregated amount of assessments required to be paid by [each county] all counties subject to the requirements of subsection 1 equals the total amount budgeted by the Legislature for the operation of the regional facility, minus any money appropriated by the Legislature for the support of the regional facility . [,]
3. The assessment owed by each assessed county equals the sum of:
(a) Fifty percent of the total aggregated amount of assessments prescribed by subsection 2, divided by the total number of pupils in this State in the preceding school year, excluding pupils in counties whose population is 700,000 or more, and multiplied by the number of pupils in the assessed county [.] ; and
(b) Fifty percent of the total aggregated amount of assessments prescribed by subsection 2, divided by the total number of bed days at the regional facility for the 2 immediately preceding fiscal years, and multiplied by the number of bed days used by the assessed county.
4. The Administrator of the Division of Child and Family Services shall calculate the assessment owed by each county pursuant to subsection 3 in June of each year for the ensuing fiscal year.
[3.] 5. Each county must pay the assessed amount to the Division of Child and Family Services in quarterly installments that are due the first day of the first month of each calendar quarter.
[4.] 6. The Administrator of the Division of Child and Family Services shall deposit the money received pursuant to subsection [3] 5 in a separate account in the State General Fund. The money in the account may be withdrawn only by the Administrator for the operation of regional facilities for the treatment and rehabilitation of children.
[5.] 7. Revenue raised by a county to pay the assessment required pursuant to subsection 1 is not subject to the limitations on revenue imposed pursuant to chapter 354 of NRS and must not be included in the calculation of those limitations.
[6.] 8. The provisions of this section do not apply to a county whose population is 700,000 or more.
[7.] 9. As used in this section [, regional] :
(a) Bed day means a day for which a specific bed at a regional facility is occupied.
(b) Regional facility for the treatment and rehabilitation of children or regional facility does not include the facility in Lyon County known as Western Nevada Regional Youth Center.
Sec. 2. 1. This section becomes effective upon passage and approval.
2. Section 1 of this act becomes effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On July 1, 2023, for all other purposes.
________
κ2023 Statutes of Nevada, Page 179κ
Assembly Bill No. 78Assemblywoman Brown-May
CHAPTER 38
[Approved: May 25, 2023]
AN ACT relating to nursing; providing that certain persons who provide jobs and day training services are not required to be licensed as nurses; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires a person to be licensed by the State Board of Nursing in order to engage in activities that constitute the practice of nursing. (NRS 632.315) Existing law exempts certain persons from the requirement to be licensed by the Board, including a licensed provider of community-based living arrangement services or a certified provider of supported living arrangement services or the employee or independent contractor of such a licensed or certified provider. (NRS 632.316) This bill similarly exempts from such licensure a certified provider of jobs and day training services or an employee or independent contractor of such a certified provider.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 632.316 is hereby amended to read as follows:
632.316 The provisions of NRS 632.315 do not prohibit:
1. Gratuitous nursing by friends or by members of the family of a patient.
2. The incidental care of the sick by domestic servants or persons primarily employed as housekeepers as long as they do not practice nursing within the meaning of this chapter.
3. Nursing assistance in the case of an emergency.
4. The practice of nursing by students enrolled in accredited schools of nursing or by graduates of those schools or courses pending the results of the first licensing examination scheduled by the Board following graduation. A student or graduate may not work as a nursing assistant unless the student or graduate is certified to practice as a nursing assistant pursuant to the provisions of this chapter.
5. The practice of nursing in this State by any legally qualified nurse or nursing assistant of another state whose engagement requires the nurse or nursing assistant to accompany and care for a patient temporarily residing in this State during the period of one such engagement, not to exceed 6 months, if the person does not represent or hold himself or herself out as a nurse licensed to practice in this State or as a nursing assistant who holds a certificate to practice in this State.
6. The practice of any legally qualified nurse of another state who is employed by the United States Government, or any bureau, division or
κ2023 Statutes of Nevada, Page 180 (CHAPTER 38, AB 78)κ
agency thereof, while in the discharge of his or her official duties in this State, including, without limitation, providing medical care in a hospital in accordance with an agreement entered into pursuant to NRS 449.2455.
7. Nonmedical nursing for the care of the sick, with or without compensation, if done by the adherents of, or in connection with, the practice of the religious tenets of any well-recognized church or religious denomination, if that nursing does not amount to the practice of practical or professional nursing as defined in NRS 632.017 and 632.018, respectively.
8. A personal assistant from performing services for a person with a disability pursuant to NRS 629.091.
9. A natural person from providing community-based living arrangement services if:
(a) That person has been issued a license pursuant to chapter 449 of NRS and the regulations adopted pursuant thereto; or
(b) That person is employed or retained as an independent contractor by a partnership, firm, corporation or association, state or local government or agency thereof that has been issued a license pursuant to chapter 449 of NRS and the regulations adopted pursuant thereto.
Κ As used in this subsection, community-based living arrangement services has the meaning ascribed to it in NRS 449.0026.
10. A natural person from providing supported living arrangement services if:
(a) That person has been issued a certificate pursuant to NRS 435.3305 to 435.339, inclusive, and the regulations adopted pursuant to NRS 435.3305 to 435.339, inclusive; or
(b) That person is employed or retained as an independent contractor by a partnership, firm, corporation or association, state or local government or agency thereof that has been issued a certificate pursuant to NRS 435.3305 to 435.339, inclusive, and the regulations adopted pursuant to NRS 435.3305 to 435.339, inclusive.
Κ As used in this subsection, supported living arrangement services has the meaning ascribed to it in NRS 435.3315.
11. A natural person from providing jobs and day training services if:
(a) That person has been issued a certificate pursuant to NRS 435.130 to 435.310, inclusive, and the regulations adopted pursuant to NRS 435.130 to 435.310, inclusive; or
(b) That person is employed or retained as an independent contractor by a partnership, firm, corporation or association, state or local government or agency thereof that has been issued a certificate pursuant to NRS 435.130 to 435.310, inclusive, and the regulations adopted pursuant to NRS 435.130 to 435.310, inclusive.
Κ As used in this subsection, jobs and day training services has the meaning ascribed to it in NRS 435.176.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2023 Statutes of Nevada, Page 181κ
Assembly Bill No. 206Assemblywoman Brown-May
CHAPTER 39
[Approved: May 25, 2023]
AN ACT relating to persons with disabilities; increasing the membership of the Nevada Commission for Persons Who Are Deaf and Hard of Hearing; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Nevada Commission for Persons Who Are Deaf and Hard of Hearing, which consists of 11 members appointed by the Governor. Existing law requires the Governor to consider the recommendations of the Nevada Commission on Services for Persons with Disabilities when appointing such members. (NRS 427A.750) This bill: (1) adds a twelfth member to the Nevada Commission for Persons Who Are Deaf and Hard of Hearing; and (2) requires that member to be registered with the Aging and Disability Services Division of the Department of Health and Human Services to engage in the practice of sign language interpreting and possess certain experience and knowledge.
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 427A.750 is hereby amended to read as follows:
427A.750 1. The Nevada Commission for Persons Who Are Deaf and Hard of Hearing is hereby created within the Division. The Commission consists of [11] 12 members appointed by the Governor. The Governor shall consider recommendations made by the Nevada Commission on Services for Persons with Disabilities and appoint to the Nevada Commission for Persons Who Are Deaf and Hard of Hearing:
(a) One nonvoting member who is employed by the State and who participates in the administration of the programs of this State that provide services to persons who are deaf, hard of hearing or speech impaired;
(b) One member who is a member of the Nevada Association of the Deaf, or, if it ceases to exist, one member who represents an organization which has a membership of persons who are deaf, hard of hearing or speech-impaired;
(c) One member who has experience with and knowledge of services for persons who are deaf, hard of hearing or speech-impaired;
(d) One nonvoting member who is the Executive Director of the Nevada Telecommunications Association or, in the event of its dissolution, who represents the telecommunications industry;
(e) One member who is a user of telecommunications relay services or the services of persons engaged in the practice of sign language interpreting or the practice of realtime captioning;
(f) One member who is a parent of a child who is deaf, hard of hearing or speech-impaired;
(g) One member who represents educators in this State and has knowledge concerning the provision of communication services to persons who are deaf, hard of hearing or speech impaired in elementary, secondary and postsecondary schools and the laws concerning the provision of those services;
κ2023 Statutes of Nevada, Page 182 (CHAPTER 39, AB 206)κ
who are deaf, hard of hearing or speech impaired in elementary, secondary and postsecondary schools and the laws concerning the provision of those services;
(h) One member who represents an advocacy organization whose membership consists of persons who are deaf, hard of hearing or speech-impaired;
(i) One member who is deaf or hard of hearing;
(j) One member who specializes in issues relating to the employment of persons with disabilities; [and]
(k) One member who is the parent or guardian of a child who is less than 6 years of age and is deaf or hard of hearing [.] ; and
(l) One member who:
(1) Is registered with the Division pursuant to NRS 656A.100 to engage in the practice of sign language interpreting; and
(2) To the extent practicable, has experience with and knowledge of interpreting in a primary or secondary educational setting and a post-secondary educational setting and freelance interpreting.
2. After the initial term, the term of each member is 3 years. A member may be reappointed.
3. If a vacancy occurs during the term of a member, the Governor shall appoint a person similarly qualified to replace that member for the remainder of the unexpired term.
4. The Commission shall:
(a) At its first meeting and annually thereafter, elect a Chair from among its voting members; and
(b) Meet at the call of the Governor or the Chair or a majority of its voting members as is necessary to carry out its responsibilities.
5. A majority of the voting members of the Commission constitutes a quorum for the transaction of business, and a majority of the voting members of a quorum present at any meeting is sufficient for any official action taken by the Commission.
6. Members of the Commission serve without compensation, except that each member is entitled, while engaged in the business of the Commission, to the per diem allowance and travel expenses provided for state officers and employees generally if funding is available for this purpose.
7. A member of the Commission who is an officer or employee of this State or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation so that the person may prepare for and attend meetings of the Commission and perform any work necessary to carry out the duties of the Commission in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Commission to make up the time he or she is absent from work to carry out his or her duties as a member of the Commission or use annual vacation or compensatory time for the absence.
8. The Commission may:
(a) Make recommendations to any state agency, including, without limitation, the Division, concerning the establishment and operation of programs for persons who are deaf, hard of hearing or speech impaired to ensure equal access to state programs and activities.
κ2023 Statutes of Nevada, Page 183 (CHAPTER 39, AB 206)κ
(b) Recommend to the Governor any proposed legislation concerning persons who are deaf, hard of hearing or speech impaired.
(c) Collect information concerning persons who are deaf, hard of hearing or speech impaired.
(d) Create and annually review a 5-year strategic plan consisting of short-term and long-term goals for services provided by or on behalf of the Division. In creating and reviewing any such plan, the Commission must solicit input from various persons, including, without limitation, persons who are deaf, hard of hearing or speech impaired.
(e) Review the goals, policies, programs and services of state agencies, including, without limitation, the Division, that serve persons who are deaf, hard of hearing or speech impaired and advise such agencies regarding such goals, policies, programs and services, including, without limitation, the outcomes of services provided to persons who are deaf, hard of hearing or speech impaired and the requirements imposed on providers.
(f) Based on information collected by the Department of Education, advise the Department of Education on research and methods to ensure the availability of language and communication services for children who are deaf, hard of hearing or speech-impaired.
(g) Consult with the personnel of any state agency, including, without limitation, the Division, concerning any matter relevant to the duties of the Commission. A state agency shall make available to the Commission any officer or employee of the agency with which the Commission wishes to consult pursuant to this paragraph.
9. The Commission shall:
(a) Make recommendations to the Division concerning the practice of sign language interpreting and the practice of realtime captioning, including, without limitation, the adoption of regulations to carry out the provisions of chapter 656A of NRS.
(b) Make recommendations to the Division concerning all programs and activities funded by the surcharge imposed pursuant to subsection 3 of NRS 427A.797.
(c) Provide persons who are deaf, hard of hearing or speech impaired with information concerning services and resources that promote equality for such persons in education, employment and socialization and referrals for such services and resources;
(d) Review the procedures and practices of state and local governmental entities to ensure that persons who are deaf, hard of hearing or speech impaired have equal access to resources and services provided by those governmental entities; and
(e) Make recommendations to state and local governmental entities concerning:
(1) Compliance with laws and regulations concerning persons who are deaf, hard of hearing or speech impaired, including, without limitation, the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.;
(2) Improving the health, safety, welfare and comfort of persons who are deaf, hard of hearing or speech impaired; and
(3) Integrating services and programs for persons who are deaf, hard of hearing or speech impaired and improving cooperation among state and local governmental entities that provide such services.
10. As used in this section:
κ2023 Statutes of Nevada, Page 184 (CHAPTER 39, AB 206)κ
(a) Practice of sign language interpreting has the meaning ascribed to it in NRS 656A.060.
(b) Practice of realtime captioning has the meaning ascribed to it in NRS 656A.062.
(c) Telecommunications relay services has the meaning ascribed to it in 47 C.F.R. § 64.601.
Sec. 2. 1. As soon as practicable after July 1, 2023, the Governor shall appoint to the Nevada Commission for Persons Who Are Deaf and Hard of Hearing the new member required by paragraph (l) of subsection 1 of NRS 427A.750, as amended by section 1 of this act.
2. In making the appointment described in subsection 1, the Governor shall, insofar as is possible, appoint the new member to an initial term which is of such duration that the term is consistent with the manner in which the terms of the other members of the Commission are staggered.
Sec. 3. This act becomes effective on July 1, 2023.
________
Assembly Bill No. 215Assemblymen Gorelow; Orentlicher and Thomas
Joint Sponsor: Senator Ohrenschall
CHAPTER 40
[Approved: May 25, 2023]
AN ACT relating to the Nevada Silver Haired Legislative Forum; revising the residency requirements to be eligible for appointment as a member of the Forum; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the Nevada Silver Haired Legislative Forum and authorizes the Forum to make recommendations for legislative action concerning issues relating to senior citizens. (NRS 427A.320, 427A.390) To be eligible for appointment as a member of the Forum, a person must: (1) have been a resident of this State for 5 years immediately preceding his or her appointment; (2) have been a registered voter in the senatorial district of the Senator who nominated the member for 3 years immediately preceding his or her appointment; and (3) be at least 60 years of age on the day that he or she is appointed. (NRS 427A.340) This bill decreases the time a person is required to have been a registered voter in the senatorial district of the Senator who nominated the member from 3 years to 1 year immediately preceding his or her appointment for the person to be eligible for appointment as a member of the Forum.
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 427A.340 is hereby amended to read as follows:
427A.340 To be eligible for appointment as a member of the Forum pursuant to NRS 427A.330, a person must:
κ2023 Statutes of Nevada, Page 185 (CHAPTER 40, AB 215)κ
1. Have been a resident of this state for 5 years immediately preceding his or her appointment;
2. Have been a registered voter in the senatorial district of the Senator who nominated the member for [3 years] 1 year immediately preceding his or her appointment; and
3. Be at least 60 years of age on the day that he or she is appointed.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 219Assemblywoman Considine
CHAPTER 41
[Approved: May 25, 2023]
AN ACT relating to governmental administration; requiring a public body to hold certain periods devoted to public comment when the agenda for a public meeting authorizes the continuation of the meeting to one or more other calendar days; requiring, under certain circumstances, a public body to post a copy of the notice of a meeting at the building in which the meeting is to be held; requiring, under certain circumstances, a meeting agenda to include clear and complete instructions for a member of the general public to call in to a meeting to provide public comment; requiring, under certain circumstances, instructions for a member of the general public to call in to a meeting to provide public comment to be read verbally before the first period of the day devoted to public comment begins; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The Open Meeting Law requires a public body to have periods devoted to comments by the general public, if any, and discussion of those comments at a meeting. Specifically, the public body must take public comments: (1) at the beginning of the meeting before any items on which action may be taken are heard and again before the adjournment of the meeting; or (2) after each agenda item on which action may be taken is discussed by the public body, but before the public body takes action on the item. Further, a public body may have additional public comment periods in addition to the minimum requirements and the public body must allow the general public to comment on any matter that is not specifically included on the agenda as an action item at some point before the adjournment of the meeting. (NRS 241.020) Section 1 of this bill reorganizes the existing requirements for public comment periods into a new section of the Open Meeting Law. Section 1 further provides that if the agenda for a meeting authorizes the continuation of the meeting of a public body to one or more other calendar days, public comment must be held: (1) at the beginning of each day that the meeting is held before any item on which action may be taken is heard by the public body and again before the meeting recesses for the day or adjourns; or (2) after each item on the agenda on which action may be taken is discussed by the public body but before the public body takes action on the item.
κ2023 Statutes of Nevada, Page 186 (CHAPTER 41, AB 219)κ
The Open Meeting Law requires that written notice of all meetings of a public body be given at least 3 working days before the meeting. The notice must include an agenda consisting of, in relevant part, certain information related to periods devoted to public comment. (NRS 241.020) Section 2 of this bill requires that, if a meeting is being held using a remote technology system and does not have a physical location designated for the meeting where members of the general public are permitted to attend and participate, the agenda must also include clear and complete instructions for a member of the general public to be able to call in to the meeting to provide public comment, including, without limitation, a telephone number and any necessary identification number of the meeting or other access code.
The Open Meeting Law provides that minimum public notice of a meeting of a public body includes posting a copy of the notice at the principal office of the public body. (NRS 241.020) Section 2 instead provides that a copy of the notice must be posted at the principal office of the public body, or, if the meeting has a physical location, at the building in which the meeting is to be held.
The Open Meeting Law authorizes, under certain circumstances, a public body to conduct a meeting by means of a remote technology system. (NRS 241.023) Section 3 of this bill provides that notwithstanding such authority to conduct a meeting by means of a remote technology system, a public body may not hold certain meetings relating to contested cases and regulations by means of a remote technology system without a physical location designated for the meeting where members of the general public are permitted to attend and participate. Section 3 further requires clear and complete instructions for a member of the general public to be able to call in to the meeting to provide public comment, including, without limitation, a telephone number and any necessary identification number of the meeting or other access code, to be made verbally before the first period of the day devoted to public comment.
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 241 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section, comments by the general public must be taken by a public body:
(a) At the beginning of the meeting before any items on which action may be taken are heard by the public body and again before the adjournment of the meeting; or
(b) After each item on the agenda on which action may be taken is discussed by the public body, but before the public body takes action on the item.
2. Regardless of whether a public body takes comments from the general public pursuant to paragraph (a) or (b) of subsection 1, the public body must allow the general public to comment on any matter that is not specifically included on the agenda as an action item at some time before adjournment of the meeting. No action may be taken upon a matter raised during a period devoted to comments by the general public until the matter itself has been specifically included on an agenda as an item upon which action may be taken pursuant to subparagraph (2) of paragraph (d) of subsection 3 of NRS 241.020.
3. The provisions of subsections 1 and 2 do not prohibit a public body from taking comments by the general public in addition to what is required pursuant to subsection 1 or 2.
κ2023 Statutes of Nevada, Page 187 (CHAPTER 41, AB 219)κ
4. If the agenda for a meeting authorizes the continuation of the meeting of a public body to one or more other calendar days, the public body must have a period devoted to comments by the general public:
(a) At the beginning of each day that the meeting is held before any item on which action may be taken is heard by the public body and again before the meeting recesses for the day or the adjournment of the meeting; or
(b) After each item on the agenda on which action may be taken is discussed by the public body, but before the public body takes action on the item.
Sec. 2. NRS 241.020 is hereby amended to read as follows:
241.020 1. Except as otherwise provided by specific statute, all meetings of public bodies must be open and public, and all persons must be permitted to attend any meeting of these public bodies at a physical location or by means of a remote technology system. A meeting that is closed pursuant to a specific statute may only be closed to the extent specified in the statute allowing the meeting to be closed. All other portions of the meeting must be open and public, and the public body must comply with all other provisions of this chapter to the extent not specifically precluded by the specific statute. Public officers and employees responsible for these meetings shall make reasonable efforts to assist and accommodate persons with physical disabilities desiring to attend.
2. If any portion of a meeting is open to the public, the public officers and employees responsible for the meeting must make reasonable efforts to ensure the facilities for the meeting are large enough to accommodate the anticipated number of attendees. No violation of this chapter occurs if a member of the public is not permitted to attend a public meeting because the facilities for the meeting have reached maximum capacity if reasonable efforts were taken to accommodate the anticipated number of attendees. Nothing in this subsection requires a public body to incur any costs to secure a facility outside the control or jurisdiction of the public body or to upgrade, improve or otherwise modify an existing facility to accommodate the anticipated number of attendees.
3. Except in an emergency, written notice of all meetings must be given at least 3 working days before the meeting. The notice must include:
(a) The time, place and location of the meeting. If the meeting is held using a remote technology system pursuant to NRS 241.023 and has no physical location, the notice must include information on how a member of the public may:
(1) Use the remote technology system to hear and observe the meeting;
(2) Participate in the meeting by telephone; and
(3) Provide live public comment during the meeting and, if authorized by the public body, provide prerecorded public comment.
(b) A list of the locations where the notice has been posted.
(c) The name, contact information and business address for the person designated by the public body from whom a member of the public may request the supporting material for the meeting described in subsection 7 and:
κ2023 Statutes of Nevada, Page 188 (CHAPTER 41, AB 219)κ
(1) A list of the locations where the supporting material is available to the public; or
(2) Information about how the supporting material may be found on the Internet website of the public body.
(d) An agenda consisting of:
(1) A clear and complete statement of the topics scheduled to be considered during the meeting.
(2) A list describing the items on which action may be taken and clearly denoting that action may be taken on those items by placing the term for possible action next to the appropriate item or, if the item is placed on the agenda pursuant to NRS 241.0365, by placing the term for possible corrective action next to the appropriate item.
(3) Periods devoted to comments by the general public, if any, and discussion of those comments. [Comments by the general public must be taken:
(I) At the beginning of the meeting before any items on which action may be taken are heard by the public body and again before the adjournment of the meeting; or
(II) After each item on the agenda on which action may be taken is discussed by the public body, but before the public body takes action on the item.
Κ The provisions of this subparagraph do not prohibit a public body from taking comments by the general public in addition to what is required pursuant to sub-subparagraph (I) or (II). Regardless of whether a public body takes comments from the general public pursuant to sub-subparagraph (I) or (II), the public body must allow the general public to comment on any matter that is not specifically included on the agenda as an action item at some time before adjournment of the meeting. No action may be taken upon a matter raised during a period devoted to comments by the general public until the matter itself has been specifically included on an agenda as an item upon which action may be taken pursuant to subparagraph (2).]
(4) If any portion of the meeting will be closed to consider the character, alleged misconduct or professional competence of a person, the name of the person whose character, alleged misconduct or professional competence will be considered.
(5) If, during any portion of the meeting, the public body will consider whether to take administrative action regarding a person, the name of that person.
(6) Notification that:
(I) Items on the agenda may be taken out of order;
(II) The public body may combine two or more agenda items for consideration; and
(III) The public body may remove an item from the agenda or delay discussion relating to an item on the agenda at any time.
(7) Any restrictions on comments by the general public. Any such restrictions must be reasonable and may restrict the time, place and manner of the comments, but may not restrict comments based upon viewpoint.
(8) If the meeting is being held using a remote technology system pursuant to NRS 241.023 and does not have a physical location designated for the meeting where members of the general public are permitted to attend and participate, clear and complete instructions for a member of the general public to be able to call in to the meeting to provide public comment, including, without limitation, a telephone number and any necessary identification number of the meeting or other access code.
κ2023 Statutes of Nevada, Page 189 (CHAPTER 41, AB 219)κ
attend and participate, clear and complete instructions for a member of the general public to be able to call in to the meeting to provide public comment, including, without limitation, a telephone number and any necessary identification number of the meeting or other access code.
4. Minimum public notice is:
(a) Posting a copy of the notice at the principal office of the public body [.] or, if the meeting has a physical location, at the building in which the meeting is to be held. If the meeting is held using a remote technology system pursuant to NRS 241.023 and has no physical location, the public body must also post the notice to the Internet website of the public body not later than 9 a.m. of the third working day before the meeting is to be held unless the public body is unable to do so because of technical problems relating to the operation or maintenance of the Internet website of the public body.
(b) Posting the notice on the official website of the State pursuant to NRS 232.2175 not later than 9 a.m. of the third working day before the meeting is to be held, unless the public body is unable to do so because of technical problems relating to the operation or maintenance of the official website of the State.
(c) Providing a copy of the notice to any person who has requested notice of the meetings of the public body. A request for notice lapses 6 months after it is made. The public body shall inform the requester of this fact by enclosure with, notation upon or text included within the first notice sent. The notice must be:
(1) Delivered to the postal service used by the public body not later than 9 a.m. of the third working day before the meeting for transmittal to the requester by regular mail; or
(2) Transmitted to the requester by electronic mail sent not later than 9 a.m. of the third working day before the meeting.
5. For each of its meetings, a public body shall document in writing that the public body complied with the minimum public notice required by paragraph (a) of subsection 4. The documentation must be prepared by every person who posted a copy of the public notice and include, without limitation:
(a) The date and time when the person posted the copy of the public notice;
(b) The address of the location where the person posted the copy of the public notice; and
(c) The name, title and signature of the person who posted the copy of the notice.
6. Except as otherwise provided in paragraph (a) of subsection 4, if a public body maintains a website on the Internet or its successor, the public body shall post notice of each of its meetings on its website unless the public body is unable to do so because of technical problems relating to the operation or maintenance of its website. Notice posted pursuant to this subsection is supplemental to and is not a substitute for the minimum public notice required pursuant to subsection 4. The inability of a public body to post notice of a meeting pursuant to this subsection as a result of technical problems with its website shall not be deemed to be a violation of the provisions of this chapter.
κ2023 Statutes of Nevada, Page 190 (CHAPTER 41, AB 219)κ
7. Upon any request, a public body shall provide, at no charge, at least one copy of:
(a) An agenda for a public meeting;
(b) A proposed ordinance or regulation which will be discussed at the public meeting; and
(c) Subject to the provisions of subsection 8 or 9, as applicable, any other supporting material provided to the members of the public body for an item on the agenda, except materials:
(1) Submitted to the public body pursuant to a nondisclosure or confidentiality agreement which relates to proprietary information;
(2) Pertaining to the closed portion of such a meeting of the public body; or
(3) Declared confidential by law, unless otherwise agreed to by each person whose interest is being protected under the order of confidentiality.
Κ The public body shall make at least one copy of the documents described in paragraphs (a), (b) and (c) available to the public at the meeting to which the documents pertain. As used in this subsection, proprietary information has the meaning ascribed to it in NRS 332.025.
8. Unless it must be made available at an earlier time pursuant to NRS 288.153, a copy of supporting material required to be provided upon request pursuant to paragraph (c) of subsection 7 must be:
(a) If the supporting material is provided to the members of the public body before the meeting, made available to the requester at the time the material is provided to the members of the public body; or
(b) If the supporting material is provided to the members of the public body at the meeting, made available at the meeting to the requester at the same time the material is provided to the members of the public body.
Κ If the requester has agreed to receive the information and material set forth in subsection 7 by electronic mail, the public body shall, if feasible, provide the information and material by electronic mail.
9. Unless the supporting material must be posted at an earlier time pursuant to NRS 288.153, and except as otherwise provided in subsection 11, the governing body of a county or city whose population is 45,000 or more shall post the supporting material described in paragraph (c) of subsection 7 to its website not later than the time the material is provided to the members of the governing body or, if the supporting material is provided to the members of the governing body at a meeting, not later than 24 hours after the conclusion of the meeting. Such posting is supplemental to the right of the public to request the supporting material pursuant to subsection 7. The inability of the governing body, as a result of technical problems with its website, to post supporting material pursuant to this subsection shall not be deemed to be a violation of the provisions of this chapter.
10. Except as otherwise provided in subsection 11, a public body may provide the public notice, information or supporting material required by this section by electronic mail. Except as otherwise provided in this subsection, if a public body makes such notice, information or supporting material available by electronic mail, the public body shall inquire of a person who requests the notice, information or supporting material if the person will accept receipt by electronic mail. If a public body is required to post the public notice, information or supporting material on its website pursuant to this section, the public body shall inquire of a person who requests the notice, information or supporting material if the person will accept by electronic mail a link to the posting on the website when the documents are made available.
κ2023 Statutes of Nevada, Page 191 (CHAPTER 41, AB 219)κ
this section, the public body shall inquire of a person who requests the notice, information or supporting material if the person will accept by electronic mail a link to the posting on the website when the documents are made available. The inability of a public body, as a result of technical problems with its electronic mail system, to provide a public notice, information or supporting material or a link to a website required by this section to a person who has agreed to receive such notice, information, supporting material or link by electronic mail shall not be deemed to be a violation of the provisions of this chapter.
11. If a public body holds a meeting using a remote technology system pursuant to NRS 241.023 and has no physical location for the meeting, the public body must:
(a) Have an Internet website; and
(b) Post to its Internet website:
(1) The public notice required by this section; and
(2) Supporting material not later than the time the material is provided to the members of the governing body or, if the supporting material is provided to the members of the governing body at a meeting, not later than 24 hours after the conclusion of the meeting.
Κ The inability of the governing body, as a result of technical problems with its Internet website, to post supporting material pursuant to this subsection shall not be deemed to be a violation of the provisions of this chapter.
12. As used in this section, emergency means an unforeseen circumstance which requires immediate action and includes, but is not limited to:
(a) Disasters caused by fire, flood, earthquake or other natural causes; or
(b) Any impairment of the health and safety of the public.
Sec. 3. NRS 241.023 is hereby amended to read as follows:
241.023 1. Except as otherwise provided in subsection 2, a public body may conduct a meeting by means of a remote technology system if:
(a) A quorum is actually or collectively present, whether in person, by using the remote technology system or by means of electronic communication.
(b) Members of the public are permitted to:
(1) Attend and participate at a physical location designated for the meeting where members of the public are permitted to attend and participate; or
(2) Hear and observe the meeting, participate in the meeting by telephone and provide live public comment during the meeting using the remote technology system. A public body may also allow public comment by means of prerecorded messages.
(c) The public body reasonably ensures that any person who is not a member of the public body or a member of the public but is otherwise required or allowed to participate in the meeting is able to participate in the portion of the meeting that pertains to the person using the remote technology system. The public body shall be deemed to have complied with the requirements of this paragraph if the public body provides the person with a web-based link and a telephone number, in case of technical
κ2023 Statutes of Nevada, Page 192 (CHAPTER 41, AB 219)κ
difficulties, that allows the person in real time to attend and participate in the meeting. Nothing in this paragraph requires a public body to provide a person with technical support to address the persons individual hardware, software or other technical issues.
2. If all members of a public body:
(a) Are required to be elected officials, the public body shall not conduct a meeting by means of a remote technology system without a physical location designated for the meeting where members of the public are permitted to attend and participate.
(b) Are not required to be elected officials, the public body shall not conduct a meeting by means of a remote technology system without a physical location designated for the meeting where members of the public are permitted to attend and participate unless the public body complies with the provisions of subsection 11 of NRS 241.020.
3. If any member of a public body attends a meeting by means of a remote technology system, the chair of the public body, or his or her designee, must make reasonable efforts to ensure that:
(a) Members of the public body and members of the public present at the physical location of the meeting can hear or observe each member attending by a remote technology system; and
(b) Each member of the public body in attendance can participate in the meeting.
4. Notwithstanding the provisions of subsections 1, 2 and 3, a public body may not hold a meeting to consider a contested case, as defined in NRS 233B.032 or a regulation as defined in NRS 233B.038 by means of a remote technology system unless there is a physical location for the meeting where members of the general public are permitted to attend and participate.
5. If a meeting is conducted pursuant to this section using a remote technology system, before the first period of the day devoted to public comment, the clear and complete instructions for a member of the general public to be able to call in to the meeting to provide public comment, including, without limitation, a telephone number or any necessary identification number of the meeting or other access code, must be read verbally.
Sec. 4. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 193κ
Assembly Bill No. 401Assemblywoman Jauregui
CHAPTER 42
[Approved: May 25, 2023]
AN ACT relating to nursing; revising provisions governing the ratio of faculty members to students in courses that provide clinical training at schools of practical nursing and at schools of professional nursing; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law: (1) authorizes the State Board of Nursing to establish standards and curricula for schools of practical nursing; and (2) requires the Board to establish standards and curricula for schools of professional nursing. (NRS 632.430, 632.440) Existing regulations require that a course at such a school relating to the care of patients have at least one member of the faculty for every eight students. (NAC 632.675) Section 1 of this bill instead authorizes such a school to determine the appropriate ratio of faculty members to students for a course that provides clinical training while requiring that such a ratio not exceed 1 member of the faculty for every 12 students. Sections 2 and 3 of this bill make conforming changes to indicate the proper placement and applicability of section 1 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 632 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An approved school of practical nursing or an approved school of professional nursing may determine the appropriate ratio of faculty members to students for a course that provides clinical training, provided that such a ratio not exceed 1 member of the faculty for every 12 students.
2. The Board may not impose requirements that are more stringent than the requirements of subsection 1 concerning the ratio of faculty members to students for a course to which that subsection applies.
Sec. 2. NRS 632.0126 is hereby amended to read as follows:
632.0126 Approved school of nursing means a school of nursing that is approved by the Board as meeting the standards for nursing education established by the Board pursuant to NRS 632.430 to 632.470, inclusive [.] , and section 1 of this act.
Sec. 3. NRS 632.01264 is hereby amended to read as follows:
632.01264 Approved school of professional nursing means a school of professional nursing that is approved by the Board as meeting the standards for professional nursing education established by the Board pursuant to NRS 632.440, 632.460 and 632.470 [.] and section 1 of this act.
Sec. 4. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 194κ
Assembly Bill No. 426Committee on Growth and Infrastructure
CHAPTER 43
[Approved: May 25, 2023]
AN ACT relating to public highways; exempting special events on or near certain highways from certain restrictions on commercial advertising; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law restricts the placement of commercial advertising on or near certain highways, with certain exceptions for: (1) benches and shelters for passengers of mass transit and monorail stations; and (2) touchdown structures, as authorized by a public authority. (NRS 405.110, 410.320, 484B.313) Section 5 of this bill creates an exception for any sign, signal, marking or street banner bearing commercial advertising erected before, during or after a special event that is located on or over any highway. For such an exception to be granted, section 5 requires: (1) the organizer of the special event to receive authorization from a public authority concerning the use and location of such advertising and the placement and maintenance of such advertising; (2) the organizer to enter into a written agreement with the public authority on terms and conditions acceptable to the public authority; (3) such advertising to not constitute a hazard or prevent the safe use of the highway by the public; and (4) such advertising to be placed and maintained for not more than 14 days. Section 5 also defines the term special event to mean a sporting event, concert, festival or other similar event which: (1) will provide an anticipated economic impact of at least $250,000,000; and (2) is issued a permit as a special event by the public authority with jurisdiction over a highway.
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 1-4. (Deleted by amendment.)
Sec. 5. NRS 484B.313 is hereby amended to read as follows:
484B.313 1. It is unlawful for any person to place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any such device, sign or signal, and except as otherwise provided in subsections 4 and 5, a person shall not place or maintain nor may any public authority permit upon any highway any sign, signal, marking or street banner bearing thereon any commercial advertising.
2. Every such prohibited sign, signal or marking is hereby declared to be a public nuisance, and the proper public authority may remove the same or cause it to be removed without notice.
3. This section does not prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official traffic-control devices.
4. A person may place and maintain commercial advertising in an airspace above a highway under the conditions specified pursuant to subsection 3 of NRS 405.110, and a public authority may permit commercial advertising that has been placed in an airspace above a highway under the conditions specified pursuant to subsection 3 of NRS 405.110.
κ2023 Statutes of Nevada, Page 195 (CHAPTER 43, AB 426)κ
advertising that has been placed in an airspace above a highway under the conditions specified pursuant to subsection 3 of NRS 405.110.
5. The provisions of subsection 1 do not apply to any sign, signal, marking or street banner bearing thereon any commercial advertising that is located:
(a) On a bench or shelter for passengers of public mass transportation built pursuant to a franchise granted pursuant to NRS 244.187 and 244.188, 268.081 and 268.083, 269.128 and 269.129, or 277A.310 and 277A.330;
(b) On a monorail station; [or]
(c) On a touchdown structure if a public authority authorizes such advertising and the advertising is placed and maintained by a person who owns real property adjacent to the touchdown structure and who has:
(1) Dedicated the touchdown structure to the public authority or has granted a fee or perpetual easement to the public authority for the construction or maintenance of the touchdown structure; and
(2) Entered a written agreement with the public authority on terms and conditions acceptable to the public authority [.] ; or
(d) On or over any highway before, during or after a special event, if:
(1) A public authority authorizes the use and location of such advertising, and the advertising is placed and maintained by the organizer of a special event for itself or its sponsors or partners;
(2) The organizer of a special event enters into a written agreement with the public authority on terms and conditions acceptable to the public authority;
(3) The advertising does not constitute a hazard or prevent the safe use of the highway by the public; and
(4) Such advertising is placed and maintained for not more than 14 consecutive days.
6. If a franchisee receives revenues from commercial advertising authorized by subsection 1 and the franchisee is obligated to repay a bond issued by the State of Nevada, the franchisee shall use all revenue generated by the advertising authorized by subsection 1 to meet its obligations to the State of Nevada as set forth in the financing agreement and bond indenture, including, without limitation, the payment of operations and maintenance obligations, the funding of reserves and the payment of debt service. To the extent that any surplus revenue remains after the payment of all such obligations, the surplus revenue must be used solely to repay the bond until the bond is repaid.
7. As used in this section:
(a) Monorail station means:
(1) A structure for the loading and unloading of passengers from a monorail for which a franchise has been granted pursuant to NRS 705.695 or an agreement has been entered into pursuant to NRS 705.695; and
(2) Any facilities or appurtenances within such a structure.
(b) Special event means a sporting event, concert, festival or other similar event which:
(1) Will provide an anticipated economic impact of $250,000,000 or more, as certified by the county fair and recreation board of the county in which the special event will occur; and
κ2023 Statutes of Nevada, Page 196 (CHAPTER 43, AB 426)κ
(2) After the certification of the anticipated economic impact pursuant to subparagraph (1), is designated as a special event by the public authority with jurisdiction over a highway and is issued a permit as a special event by that public authority.
(c) Street banner has the meaning ascribed to it in NRS 277A.130.
[(c)] (d) Touchdown structure means a structure, connected to a pedestrian bridge, which houses an elevator.
Sec. 6. This act becomes effective upon passage and approval.
________
Senate Bill No. 42Committee on Health and Human Services
CHAPTER 44
[Approved: May 25, 2023]
AN ACT relating to public welfare; expanding the authorized uses of money in a county fund for medical assistance to indigent persons; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the board of county commissioners of each county to: (1) create a fund in the county treasury for medical assistance to indigent persons; and (2) impose a property tax and deposit the proceeds from the tax into the fund. (NRS 428.275, 428.285) Existing law requires counties to use the money in the fund to provide certain medical assistance to indigent persons or, in a county whose population is 100,000 or more (currently Clark and Washoe Counties), to provide supplemental payments under an upper limit payment program established in the State Plan for Medicaid to certain county hospitals. (NRS 428.295) This bill additionally authorizes the board of county commissioners in a county whose population is 100,000 or more to allocate money from the fund, if authorized under any other supplemental payment program administered by the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services to: (1) provide an enhanced rate of reimbursement to any public hospital in the county for hospital care that is provided to recipients of Medicaid; or (2) make supplemental payments to any public hospital in the county for the provision of such hospital care through increased federal financial participation.
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 428.295 is hereby amended to read as follows:
428.295 1. For each fiscal year the board of county commissioners shall, in the preparation of its final budget, allocate money for assistance to indigents pursuant to this chapter.
2. In a county whose population is less than 700,000, the amount allocated must be calculated by multiplying the amount allocated for that purpose for the previous fiscal year by 104.5 percent.
3. In a county whose population is 100,000 or more, the board of county commissioners may allocate money from its fund for medical assistance to indigent persons to make an intergovernmental transfer of money to the Division of Health Care Financing and Policy of the Department of Health and Human Services [:
κ2023 Statutes of Nevada, Page 197 (CHAPTER 44, SB 42)κ
assistance to indigent persons to make an intergovernmental transfer of money to the Division of Health Care Financing and Policy of the Department of Health and Human Services [:
(a) In] in accordance with the regulations adopted pursuant to NRS 422.390 [;] and
[(b)] for any or all of the following purposes:
(a) If an upper payment limit program is established in the State Plan for Medicaid, to provide supplemental payments to any public hospital located in the county that is eligible for supplemental payments under the program.
(b) If authorized under any other supplemental payment program administered by the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services, to:
(1) Provide an enhanced rate of reimbursement to any public hospital located in the county for the hospital care provided to recipients of Medicaid; or
(2) Make supplemental payments to any public hospital located in the county for the provision of such hospital care through increased federal financial participation.
4. When, during any fiscal year, the amount of money expended by the county for any program of medical assistance for those persons eligible pursuant to this chapter exceeds the amount allocated for that purpose in its budget, the board of county commissioners shall, to the extent that money is available in the fund, pay claims against the county from the fund for that purpose.
5. In a county whose population is 700,000 or more, the board of county commissioners may by resolution allocate money from the fund in any fiscal year, in an amount not to exceed the equivalent of the amount collected from 2 cents on each $100 of assessed valuation of all taxable property in the county, to make grants to any public hospital located in the county. Such a grant may be used by a hospital only to:
(a) Construct or acquire capital assets, including, without limitation, land, improvements to land and major items of equipment; and
(b) Renovate existing facilities of the hospital. Money granted for the renovation of facilities must not be used for the normal, recurring maintenance of the facilities.
6. As used in this section, upper payment limit program means a program providing for supplemental payments, not to exceed a limit calculated in the manner prescribed in the State Plan for Medicaid, to hospitals owned or operated by a governmental entity other than this State or an agency of the State.
Sec. 2. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 198κ
Senate Bill No. 44Committee on Health and Human Services
CHAPTER 45
[Approved: May 25, 2023]
AN ACT relating to public health; transferring the State Dental Health Officer from the Division of Health Care Financing and Policy of the Department of Health and Human Services to the Department; revising provisions governing the qualifications for appointment as the State Dental Health Officer or the State Public Health Dental Hygienist; transferring the State Program for Oral Health, the Advisory Committee on the State Program for Oral Health and certain duties from the Division of Public and Behavioral Health of the Department of Health and Human Services to the Department; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Division of Health Care Financing and Policy of the Department of Health and Human Services to appoint, with the consent of the Director of the Department, a State Dental Health Officer and prescribes the qualifications and duties of the State Dental Health Officer. Existing law also requires the State Dental Health Officer to: (1) hold a current license to practice dentistry issued pursuant to chapter 631 of NRS; and (2) be appointed on the basis of his or her education, training and experience and his or her interest in public dental health and related programs. Finally, existing law requires the State Dental Health Officer to devote all of his or her time to the business of his or her office and prohibits him or her from pursuing any other business or vocation or holding any other office of profit. (NRS 422.239) Section 1 of this bill transfers the duty to appoint the State Dental Health Officer from the Division of Health Care Financing and Policy to the Director of the Department. Section 1 also provides that the State Dental Health Officer must have satisfied the educational requirements for and may, but is not required to, satisfy any other requirements for the issuance of an unrestricted license to practice dentistry pursuant to chapter 631 of NRS. Finally, section 1 eliminates the requirement that the State Dental Health Officer devote all of his or her time to the business of his or her office and the prohibition on the pursuit of any other business or vocation or holding any other office of profit.
Existing law requires the Division of Public and Behavioral Health of the Department of Health and Human Services to appoint, with the consent of the Director of the Department, a State Public Health Dental Hygienist, who must: (1) hold a current license to practice dental hygiene issued pursuant to chapter 631 of NRS with a special endorsement to practice public health dental hygiene; and (2) be appointed on the basis of his or her education, training and experience and his or her interest in public health dental hygiene and related programs. Existing law also requires the State Public Health Dental Hygienist to devote all of his or her time to the business of his or her office and prohibits the State Public Health Dental Hygienist from pursuing any other business or vocation or holding any other office of profit. (NRS 439.279) Section 2 of this bill transfers the duty to appoint the State Public Health Dental Hygienist to the Department and provides that the State Public Health Dental Hygienist may, but is not required to, hold a current license to practice dental hygiene issued pursuant to chapter 631 of NRS with a special endorsement to practice public health dental hygiene. Section 2 also eliminates the requirement that the State Public Health Dental Hygienist devote all of his or her time to the business of his or her office and the prohibition on the pursuit of any other business or vocation or holding any other office of profit.
κ2023 Statutes of Nevada, Page 199 (CHAPTER 45, SB 44)κ
Existing law establishes the State Program for Oral Health within the Division of Public and Behavioral Health. (NRS 439.2791) Section 3 of this bill transfers that Program to the Department.
Existing law: (1) creates the Advisory Committee on the State Program for Oral Health within the Division of Public and Behavioral Health; and (2) requires the Advisory Committee to annually submit a written report to the Administrator of the Division summarizing the activities of the Advisory Committee and its recommendations. (NRS 439.2792) Section 4 of this bill: (1) transfers the Advisory Committee to the Department; and (2) requires the Advisory Committee to submit its annual report to the Director of the Department.
Existing law prescribes certain duties for the Division of Public and Behavioral Health to perform with the advice and recommendations of the Advisory Committee. (NRS 439.2793) Section 5 of this bill transfers those duties to the Department.
Existing law authorizes the Division of Public and Behavioral Health to take certain actions and sets forth certain requirements and duties for the administration of money accepted to carry out the State Program for Oral Health. (NRS 439.2794) Section 6 of this bill transfers that authority and those requirements and duties to the Department.
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 422.239 is hereby amended to read as follows:
422.239 1. The [Division of Health Care Financing and Policy of the Department] Director shall appoint [, with the consent of the Director,] a State Dental Health Officer, who may serve in the unclassified service of the State or as a contractor for the [Division.] Department. The State Dental Health Officer must:
(a) Be a resident of this State;
(b) [Hold a current] Have satisfied the educational requirements for and may, but is not required to, satisfy any other requirements for the issuance of an unrestricted license to practice dentistry [issued] pursuant to chapter 631 of NRS; and
(c) Be appointed on the basis of his or her education, training and experience and his or her interest in public dental health and related programs.
2. The State Dental Health Officer shall:
(a) Determine the needs of the residents of this State for public dental health;
(b) Provide the Advisory Committee [, the Division of Health Care Financing and Policy] and the [Division of Public and Behavioral Health] Department with advice regarding public dental health;
(c) Make recommendations to the Advisory Committee, the [Division of Health Care Financing and Policy, the Division of Public and Behavioral Health] Department and the Legislature regarding programs in this State for public dental health;
(d) Work collaboratively with the State Public Health Dental Hygienist; and
(e) Seek such information and advice from the Advisory Committee or from any dental education program in this State, including any such programs of the Nevada System of Higher Education, as necessary to carry out his or her duties.
κ2023 Statutes of Nevada, Page 200 (CHAPTER 45, SB 44)κ
3. [The State Dental Health Officer shall devote all of his or her time to the business of his or her office and shall not pursue any other business or vocation or hold any other office of profit.
4.] As used in this section, Advisory Committee means the Advisory Committee on the State Program for Oral Health created by NRS 439.2792.
Sec. 2. NRS 439.279 is hereby amended to read as follows:
439.279 1. The [Division] Department shall appoint [, with the consent of the Director,] a State Public Health Dental Hygienist, who may serve in the unclassified service of the State or as a contractor for the [Division.] Department. The State Public Health Dental Hygienist : [must:]
(a) [Be] Must be a resident of this State;
(b) [Hold] May, but is not required to, hold a current license to practice dental hygiene issued pursuant to chapter 631 of NRS with a special endorsement issued pursuant to NRS 631.287; and
(c) [Be] Must be appointed on the basis of his or her education, training and experience and his or her interest in public health dental hygiene and related programs.
2. The State Public Health Dental Hygienist:
(a) Shall work collaboratively with the State Dental Health Officer in carrying out his or her duties; and
(b) May:
(1) Provide advice and make recommendations to the Advisory Committee and the [Division] Department regarding programs in this State for public health dental hygiene; and
(2) [Perform] If he or she holds a license to practice dental hygiene issued pursuant to chapter 631 of NRS with a special endorsement issued pursuant to NRS 631.287, perform any acts authorized pursuant to NRS 631.287.
3. [The State Public Health Dental Hygienist shall devote all of his or her time to the business of his or her office and shall not pursue any other business or vocation or hold any other office of profit.
4.] The [Division] Department may solicit and accept gifts and grants to pay the costs associated with the position of State Public Health Dental Hygienist.
Sec. 3. NRS 439.2791 is hereby amended to read as follows:
439.2791 There is hereby established within the [Division] Department the State Program for Oral Health to increase public knowledge and raise public awareness of the importance of oral health and to educate the residents of this State on matters relating to oral health, including, without limitation:
1. Proper oral hygiene;
2. The factors that increase the risk of a person developing oral diseases; and
3. The prevention and treatment of oral diseases.
Sec. 4. NRS 439.2792 is hereby amended to read as follows:
439.2792 1. There is hereby created within the [Division of Public and Behavioral Health] Department the Advisory Committee on the State Program for Oral Health to advise and make recommendations to the [Division] Department concerning the Program.
2. The [Administrator] Director shall appoint to the Advisory Committee 13 members, including, without limitation, one or more persons who are representatives of:
κ2023 Statutes of Nevada, Page 201 (CHAPTER 45, SB 44)κ
(a) Public health care professionals and educators;
(b) Providers of oral health care;
(c) Persons knowledgeable in promoting and educating the public on oral health issues; and
(d) National dental and other oral health organizations and their local or state chapters.
3. After the initial terms, the members of the Advisory Committee serve terms of 2 years commencing on July 1. A member may be reappointed.
4. Members of the Advisory Committee serve without compensation, except that each member is entitled, while engaged in the business of the Advisory Committee, to the per diem allowance and travel expenses provided for state officers and employees generally.
5. Any member of the Advisory Committee who is a public employee must be granted administrative leave from his or her duties to engage in the business of the Advisory Committee without loss of his or her regular compensation. Such leave does not reduce the amount of the members other accrued leave.
6. A majority of the members of the Advisory Committee constitutes a quorum for the transaction of business, and a majority of a quorum present at any meeting is sufficient for any official action taken by the Advisory Committee.
7. The Advisory Committee shall:
(a) At its first meeting and annually thereafter, elect a Chair from among its members;
(b) Meet at the call of the Director, the Chair or a majority of its members as necessary and within the budget of the Advisory Committee; and
(c) On or before July 1 of each year, submit a written report to the [Administrator] Director summarizing the activities of the Advisory Committee and any recommendations of the Advisory Committee.
Sec. 5. NRS 439.2793 is hereby amended to read as follows:
439.2793 To carry out the provisions of NRS 439.271 to 439.2794, inclusive, the [Division] Department shall, with advice and recommendations of the Advisory Committee:
1. Establish a solid scientific database of the most current information on the importance of oral health, using information obtained through surveillance, epidemiology and research related to oral health;
2. Provide educational materials and information on research concerning matters relating to oral health to health care professionals, providers of oral health care and the public, including, without limitation, materials and information concerning programs and services available to the public and strategies for the prevention of oral diseases;
3. Coordinate the establishment of regional coalitions to support the efforts of the Program;
4. Increase public awareness about the prevention, detection and treatment of oral diseases among state and local governmental officials who are responsible for matters relating to oral health, health care professionals, providers of oral health care and policymakers;
5. Coordinate state and local programs and services to ensure that the public has adequate access to dental services;
κ2023 Statutes of Nevada, Page 202 (CHAPTER 45, SB 44)κ
6. Work with other governmental agencies, national health organizations and their local and state chapters, community and business leaders, community organizations and providers of oral health care to:
(a) Coordinate the work of the Program with the work of those agencies, organizations and persons; and
(b) Maximize the resources of state and local governments in the efforts to educate the public about the importance of oral health, including, without limitation, the prevention and detection of oral diseases and proper oral hygiene;
7. Develop and carry out public awareness and media campaigns in each county, targeting groups of persons who are considered at risk for developing oral diseases;
8. Evaluate the need to improve the quality and accessibility of dental services that exist in communities in this State; and
9. Develop and coordinate, in cooperation with the Department of Education, recommendations for dental programs to encourage proper oral hygiene by children.
Sec. 6. NRS 439.2794 is hereby amended to read as follows:
439.2794 1. The [Division] Department may:
(a) Enter into contracts for any services necessary to carry out or assist the [Division] Department in carrying out the provisions of NRS 439.271 to 439.2794, inclusive, with public or private entities that have the appropriate expertise to provide such services;
(b) Apply for and accept any gift, donation, bequest, grant or other source of money to carry out the provisions of NRS 439.271 to 439.2794, inclusive;
(c) Apply for any waiver from the Federal Government that may be necessary to maximize the amount of money this State may obtain from the Federal Government to carry out the provisions of NRS 439.271 to 439.2794, inclusive; and
(d) Adopt regulations as necessary to carry out and administer the Program.
2. Any money that is accepted by the [Division] Department pursuant to subsection 1 must be deposited in the State Treasury and accounted for separately in the State General Fund.
3. The [Administrator] Director shall administer the account created pursuant to subsection 2. Money in the account does not lapse to the State General Fund at the end of the fiscal year. The interest and income earned on the money in the account must be credited to the account. Any claims against the account must be paid as other claims against the State are paid.
Sec. 7. 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. 8. 1. Any administrative regulations adopted by an officer or an agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remain in force until amended by the officer or agency to which the responsibility for the adoption of the regulations has been transferred.
κ2023 Statutes of Nevada, Page 203 (CHAPTER 45, SB 44)κ
remain in force until amended by the officer or agency to which the responsibility for the adoption of the regulations has been transferred.
2. Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer or agency to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.
3. Any action taken by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remains in effect as if taken by the officer or agency to which the responsibility for the enforcement of such actions has been transferred.
Sec. 9. This act becomes effective on July 1, 2023.
________
Senate Bill No. 66Committee on Growth and Infrastructure
CHAPTER 46
[Approved: May 25, 2023]
AN ACT relating to public safety; establishing certain circumstances under which a person is disqualified from operating a commercial motor vehicle; requiring a court to notify the Department of Motor Vehicles if a person is convicted of certain offenses; prohibiting an employer from allowing a person to operate a commercial motor vehicle under certain circumstances; requiring the Department to adopt certain regulations to comply with certain federal regulations; requiring the Department to furnish full information regarding a driving record to certain persons upon request; revising provisions relating to railroad grade crossings; revising provisions concerning the crime of involuntary servitude; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prohibits a person from driving a commercial motor vehicle at any time when the driving privilege of the person is subject to disqualification. (NRS 483.924) Existing federal regulations require a person convicted of certain offenses to be disqualified from operating a commercial motor vehicle for a certain period. The length of the period in which the person is required to be disqualified varies based on the offense for which the person was convicted. For certain offenses, existing federal regulations require the person to be disqualified for life. Such offenses include, among others, using a commercial motor vehicle in the commission of a felony involving an act or practice of severe forms of trafficking in persons, as defined by federal law. (22 U.S.C. § 7102(11); 49 C.F.R. § 383.51) To conform with these federal requirements, section 2 of this bill expressly provides that a person is disqualified from operating a commercial motor vehicle for a certain period if the person is convicted of certain offenses. Under section 2, if a person is convicted of certain specified offenses relating to human trafficking while using a commercial motor vehicle, or certain other offenses, the person is disqualified for life without the possibility of reinstatement.
κ2023 Statutes of Nevada, Page 204 (CHAPTER 46, SB 66)κ
motor vehicle, or certain other offenses, the person is disqualified for life without the possibility of reinstatement. Section 2 prohibits a person who is disqualified from operating a motor vehicle for life from being issued or holding a commercial drivers license or commercial learners permit. Section 3 of this bill requires a court to provide notice to the Department of Motor Vehicles within 5 days after a person is convicted of certain offenses relating to human trafficking while using a commercial motor vehicle.
Existing federal law defines severe forms of trafficking in persons to include, without limitation, the recruitment, harboring, transportation, provision or obtaining of a person for labor or services, through the use of force, fraud or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage or slavery. (22 U.S.C. § 7102(11)) Section 10 of this bill revises the list of acts that constitute the crime of holding a person in involuntary servitude to conform more closely with the federal definition of severe forms of trafficking in persons. (NRS 200.463) Under section 10, a person who knowingly subjects, or attempts to subject, another person to forced labor or services by debt bondage, peonage, or using a scheme, plan or pattern intended to cause the person to believe that the failure to perform an act would result in serious harm or physical restraint against any person is guilty of holding a person in involuntary servitude.
Similarly, section 10.5 of this bill revises the list of acts that constitute the crime of holding a minor in involuntary servitude to conform more closely with the federal definition of severe forms of trafficking in persons. (NRS 200.4631) Under section 10.5, a person who has physical custody of a minor, allows a minor to reside in his or her residence, is in a position of authority over a minor or provides care to the minor and who knowingly uses a scheme, plan or pattern intended to cause the minor to believe that the failure to perform an act would result in serious harm or physical restraint against any person is guilty of holding a minor in involuntary servitude.
Existing federal regulations prohibit an employer from allowing, requiring, permitting or authorizing a driver to operate a commercial motor vehicle if the employer knows or should reasonably know of the existence of certain circumstances. (49 C.F.R. § 383.37) Existing law requires the Department to impose a civil penalty against an employer who has been convicted of violating those federal regulations. (NRS 483.939) Section 4 of this bill enacts prohibitions on employers which are similar to the prohibitions set forth in those federal regulations. Section 8 of this bill requires the Department to impose a civil penalty in a certain specified amount against an employer who has been convicted of certain violations of such prohibitions.
Existing law requires the Department to adopt certain regulations relating to commercial drivers licenses. (NRS 483.908) Section 6.5 of this bill additionally requires the Department to adopt regulations necessary to comply with certain federal regulations related to commercial drivers licenses and learners permits and the operation of commercial motor vehicles. (49 C.F.R. § 383.73(q))
Existing law requires the Department, with certain exceptions, to furnish full information regarding the driving record of any person to certain persons or entities under certain circumstances. (NRS 483.916) Section 7 of this bill requires the Department also to furnish that information to the person who is the subject of that driving record or the Secretary of Transportation of the United States, upon his or her request.
Existing law requires certain vehicles to stop at all railroad grade crossings. (NRS 484B.560) Section 9 of this bill requires the driver of a commercial motor vehicle who is not otherwise required to stop, before crossing at grade any track or tracks of a railroad, to decrease the speed of the vehicle and confirm that the tracks are clear. Section 9 also requires the driver of any vehicle to: (1) stop the vehicle within a certain distance of a railroad grade crossing if the track or tracks of the railroad are not clear; and (2) obey any official traffic control device or the directions of a police officer at a railroad grade crossing.
Sections 5 and 6 of this bill make conforming changes to indicate the proper placement of sections 2-4 in the Nevada Revised Statutes.
κ2023 Statutes of Nevada, Page 205 (CHAPTER 46, SB 66)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 483 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. If a person is convicted of an offense listed in 49 C.F.R. § 383.51 involving the operation of a motor vehicle, other than an offense described in 49 C.F.R. §§ 383.51(b)(9) or 383.51(b)(10), or the person refuses to submit to a test required by NRS 484C.150 or 484C.160, the person is disqualified from operating a commercial motor vehicle for the period set forth in 49 C.F.R. § 383.51.
2. If a person is convicted of any of the following offenses involving the operation of a motor vehicle, the person is disqualified from operating a commercial motor vehicle for life without the possibility of reinstatement:
(a) Using a motor vehicle in the commission of a felony involving manufacturing, distributing or dispensing a controlled substance; or
(b) Using a commercial motor vehicle in the commission of:
(1) A violation of NRS 200.463, 200.4631, 200.464, 200.465, 200.467, 200.468, 200.4685, 201.300 or 207.400 involving an offense described in subsection 36 or 37 of NRS 207.360;
(2) An attempt or conspiracy to commit an offense described by subparagraph (1), if punishable by a felony; or
(3) Any other offense punishable as a felony by state or federal law which involves an act or practice of severe forms of human trafficking, as defined in 22 U.S.C. § 7102(11).
3. A person who is disqualified from operating a commercial motor vehicle for life without the possibility of reinstatement pursuant to this section or 49 C.F.R. § 383.51 must not be issued, and shall not hold, a commercial drivers license or commercial learners permit.
Sec. 3. If a person is convicted of an offense described in subparagraph (1) or (2) of paragraph (b) of subsection 2 of section 2 of this act while operating a commercial motor vehicle, the court in which the person was convicted shall, not later than 5 business days after the date on which the person was convicted, provide to the Department notice of the conviction in a form prescribed by Department.
Sec. 4. 1. An employer shall not allow, require, permit or authorize a person to operate a commercial motor vehicle if the employer knows or should reasonably know that the operation of the motor vehicle is:
(a) During a period in which the person does not have a current commercial drivers license or commercial learners permit or does not have a commercial drivers license or commercial learners permit with the proper class or endorsements;
(b) In violation of any restriction on the commercial drivers license or commercial learners permit of the person;
(c) During a period in which the person has a commercial drivers license or commercial learners permit disqualified by a state, has lost the right to operate a commercial motor vehicle in a state or has been disqualified from operating a commercial motor vehicle;
κ2023 Statutes of Nevada, Page 206 (CHAPTER 46, SB 66)κ
(d) During a period in which the person has more than one commercial drivers license or commercial learners permit;
(e) During a period in which the person, the motor vehicle he or she is operating or the motor carrier operation is subject to an out-of-service order, as defined by 49 C.F.R. § 383.5; or
(f) In violation of a federal, state or local law or regulation pertaining to railroad-highway grade crossings.
2. As used in this section, employer means any person who owns or leases a commercial motor vehicle or assigns an employee to operate a commercial motor vehicle.
Sec. 5. NRS 483.902 is hereby amended to read as follows:
483.902 The provisions of NRS 483.900 to 483.940, inclusive, and sections 2, 3 and 4 of this act apply only with respect to commercial drivers licenses.
Sec. 6. NRS 483.904 is hereby amended to read as follows:
483.904 As used in NRS 483.900 to 483.940, inclusive, and sections 2, 3 and 4 of this act, unless the context otherwise requires:
1. Commercial drivers license means a license issued to a person which authorizes the person to drive a class or type of commercial motor vehicle.
2. Commercial Drivers License Information System means the information system maintained by the Secretary of Transportation pursuant to 49 U.S.C. § 31309 to serve as a clearinghouse for locating information relating to the licensing, identification and disqualification of operators of commercial motor vehicles.
Sec. 6.5. NRS 483.908 is hereby amended to read as follows:
483.908 The Department shall adopt regulations:
1. Providing for the issuance, expiration, renewal, suspension, revocation and reinstatement of commercial drivers licenses;
2. Providing the same exemptions allowed pursuant to federal regulations for farmers, firefighters, military personnel or any other class of operators or vehicles for which exemptions are authorized by federal law or regulations;
3. Specifying the violations which constitute grounds for disqualification from driving a commercial motor vehicle and the penalties associated with each violation;
4. Setting forth a schedule of various alcohol concentrations and the penalties which must be imposed if those concentrations are detected in the breath, blood, urine or other bodily substances of a person who is driving, operating or is in actual physical control of a commercial motor vehicle; [and]
5. Necessary to enable it to carry out the provisions of NRS 483.900 to 483.940, inclusive [.] ; and
6. Necessary to enable it to comply with the provisions of 49 C.F.R. § 383.73(q).
Κ The Department shall not adopt regulations which are more restrictive than the federal regulations adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986, as amended, 49 U.S.C. chapter 313 (§§ 31301 et seq.).
κ2023 Statutes of Nevada, Page 207 (CHAPTER 46, SB 66)κ
Sec. 7. NRS 483.916 is hereby amended to read as follows:
483.916 Except as otherwise provided in NRS 481.063, the Department shall furnish full information regarding the driving record of any person to:
1. The person who is the subject of the driving record upon his or her request;
2. The drivers license administrator of any other state or of any province or territory of Canada [who requests that information;] upon his or her request;
[2.] 3. Any employer or prospective employer of that person upon his or her request and payment of a fee established in regulations adopted by the Department; [or
3.] 4. Any insurer upon its request and payment of a fee established in regulations adopted by the Department if the insurer has complied with the provisions of NRS 485.314 [.] ; or
5. The Secretary of Transportation of the United States upon his or her request.
Sec. 8. NRS 483.939 is hereby amended to read as follows:
483.939 1. If the Department receives notice that a person who holds a commercial drivers license has been convicted of driving a commercial motor vehicle in violation of the prohibitions described in 49 C.F.R. § 395.13, the Department shall:
(a) Suspend the privilege of the person to operate a commercial motor vehicle for the period set forth in 49 C.F.R. § 383.51; and
(b) In addition to any other applicable fees and penalties that must be paid to reinstate the commercial drivers license after suspension, impose against the person a civil penalty in the amount set forth in 49 C.F.R. § 383.53(b)(1).
2. If the Department receives notice that the employer of a person who holds a commercial drivers license has been convicted of [a] :
(a) A violation of 49 C.F.R. § [383.37] 383.37(a)-(d), for knowingly allowing, requiring, permitting or authorizing the person to operate a commercial motor vehicle during any period in which the person or the commercial motor vehicle is subject to the circumstances described in 49 C.F.R. § [383.37,] 383.37(a)-(d), the Department shall impose against the employer a civil penalty in the amount set forth in 49 C.F.R. § 383.53.
(b) A violation of paragraph (f) of subsection 1 of section 4 of this act, the Department shall impose against the employer a civil penalty in the amount set forth in 49 C.F.R. Part 386, Appendix B.
3. All money collected by the Department pursuant to paragraph (b) of subsection 1 or subsection 2 must be deposited in the State Treasury for credit to the Motor Vehicle Fund.
4. The Department shall adopt regulations to carry out the provisions of this section.
5. As used in this section, employer means any person who owns or leases a commercial motor vehicle or assigns an employee to operate a commercial motor vehicle.
Sec. 9. NRS 484B.560 is hereby amended to read as follows:
484B.560 1. Except as otherwise provided in subsection 4, the driver of a bus carrying passengers, or of any school bus carrying any school child, or of any vehicle carrying hazardous materials as that term is defined in 49 C.F.R. § 383.5, before crossing at grade any track or tracks of a railroad, shall stop that vehicle within 50 feet but not less than 15 feet from the nearest rail of the railroad and while so stopped shall listen and look in both directions along the track for any approaching train or other on-track equipment, and for signals indicating the approach of a train or other on-track equipment, and shall not proceed until the driver can do so safely.
κ2023 Statutes of Nevada, Page 208 (CHAPTER 46, SB 66)κ
rail of the railroad and while so stopped shall listen and look in both directions along the track for any approaching train or other on-track equipment, and for signals indicating the approach of a train or other on-track equipment, and shall not proceed until the driver can do so safely.
2. After stopping as required in this section and upon proceeding when it is safe to do so, the driver of any such vehicle shall cross only in a gear of the vehicle that there will be no necessity for changing gears while traversing the crossing and the driver shall not shift gears while crossing the track or tracks.
3. When stopping is required at a railroad crossing the driver shall keep as far to the right of the highway as possible and shall not form two lanes of traffic unless the highway is marked for four or more lanes of traffic.
4. No such stop need be made at a railroad crossing:
(a) Where a police officer or official traffic-control device controls the movement of traffic.
(b) Which is marked with a device indicating that the crossing is abandoned.
(c) Which is a streetcar crossing or is used exclusively for industrial switching purposes within an area designated as a business district.
(d) Which is marked with a sign identifying it as an exempt crossing. Signs identifying a crossing as exempt may be erected only:
(1) If the tracks are an industrial or spur line;
(2) By or with the consent of the appropriate state or local authority which has jurisdiction over the road; and
(3) After the State or the local authority has held a public hearing to determine whether the crossing should be designated an exempt crossing.
5. The driver of a commercial motor vehicle, as that term is defined in 49 C.F.R. § 383.5, who is not otherwise required to stop pursuant to subsection 1 shall, before crossing at grade any track or tracks of a railroad, decrease the speed of the commercial motor vehicle and confirm that the tracks are clear of any approaching train or other on-track equipment.
6. If the driver of any vehicle approaches a railroad crossing and the track or tracks of the railroad are not clear, the driver shall stop that vehicle within 50 feet but not less than 15 feet from the nearest rail of the railroad and shall not proceed until the driver can do so safely.
7. It is unlawful for the driver of any vehicle [, when] :
(a) When crossing at grade any track or tracks of a railroad, to fail to completely cross the track or tracks without stopping due to insufficient:
[(a)] (1) Space for the vehicle on the opposite side of the railroad crossing; or
[(b)] (2) Undercarriage clearance of the vehicle [.
6.] ; or
(b) To fail to obey an official traffic-control device or the directions of a police officer at a railroad crossing.
8. As used in this section, completely cross means to travel across a railroad track or tracks in such a manner that the trailing end of the vehicle is 15 feet or more past the nearest rail of the railroad track or tracks.
Sec. 10. NRS 200.463 is hereby amended to read as follows:
200.463 1. A person who knowingly subjects, or attempts to subject, another person to forced labor or services by:
κ2023 Statutes of Nevada, Page 209 (CHAPTER 46, SB 66)κ
(a) Causing or threatening to cause physical harm to any person;
(b) Physically restraining or threatening to physically restrain any person;
(c) Abusing or threatening to abuse the law or legal process;
(d) Knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of the person;
(e) Extortion; [or]
(f) Causing or threatening to cause financial harm to any person [,] ;
(g) Debt bondage;
(h) Peonage; or
(i) Using a scheme, plan or pattern intended to cause the person to believe that the failure to perform an act would result in serious harm or physical restraint against any person,
Κ is guilty of holding a person in involuntary servitude.
2. Unless a greater penalty is provided in NRS 200.4631, a person who is found guilty of holding a person in involuntary servitude is guilty of a category B felony and shall be punished:
(a) Where the victim suffers substantial bodily harm while held in involuntary servitude or in attempted escape or escape therefrom, by imprisonment in the state prison for a minimum term of not less than 7 years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $50,000.
(b) Where the victim suffers no substantial bodily harm as a result of being held in involuntary servitude, by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $50,000.
3. As used in this section:
(a) Debt bondage has the meaning ascribed to it in 22 U.S.C. § 7102.
(b) Peonage means a status or condition of compulsory service based upon real or alleged indebtedness.
Sec. 10.5. NRS 200.4631 is hereby amended to read as follows:
200.4631 1. A person who has physical custody of a minor, allows a minor to reside in his or her residence, is in a position of authority over a minor or provides care for any length of time to a minor and who knowingly:
(a) Obtains labor or services from the minor by causing or threatening to cause serious harm to the minor or by engaging in a pattern of conduct that results in physical injury to the minor, sexual abuse of the minor or sexual assault of the minor pursuant to NRS 200.366; [or]
(b) Benefits, financially or by receiving anything of value other than sexual gratification from the labor or services obtained by the conduct specified in paragraph (a) [,] ; or
(c) Uses a scheme, plan or pattern intended to cause the minor to believe that the failure to perform an act would result in serious harm or physical restraint against any person,
Κ is guilty of holding a minor in involuntary servitude.
2. A person who is found guilty of holding a minor in involuntary servitude is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served, and may be further punished by a fine of at least $50,000.
κ2023 Statutes of Nevada, Page 210 (CHAPTER 46, SB 66)κ
imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served, and may be further punished by a fine of at least $50,000.
3. Consent of the victim to the performance of any labor or services is not a valid defense to a prosecution conducted pursuant to this section.
4. Nothing in this section shall be construed to prohibit a parent or guardian of a child from requiring his or her child to perform common household chores under the threat of the reasonable exercise of discipline by the parent or guardian of the child.
5. For the purposes of this section:
(a) Physical injury includes, without limitation:
(1) A sprain or dislocation;
(2) Damage to cartilage;
(3) A fracture of a bone or the skull;
(4) An injury causing an intracranial hemorrhage or injury to another internal organ;
(5) Permanent or temporary disfigurement, including, without limitation, a burn, scalding, cut, laceration, puncture or bite; or
(6) Permanent or temporary loss or impairment of a part or organ of the body.
(b) Serious harm means any harm, whether physical or nonphysical, including, without limitation, psychological, financial or reputational harm, that is sufficiently serious, under the circumstances, to compel a reasonable person of the same background and in the same circumstances as the victim to perform or to continue to provide labor or services to avoid incurring that harm.
(c) Sexual abuse includes acts upon a child constituting:
(1) Lewdness with a child pursuant to NRS 201.230;
(2) Sado-masochistic abuse pursuant to NRS 201.262;
(3) Sexual assault pursuant to NRS 200.366;
(4) Open or gross lewdness pursuant to NRS 201.210; and
(5) Mutilation of the genitalia of a female child, aiding, abetting, encouraging or participating in the mutilation of the genitalia of a female child, or removal of a female child from this State for the purpose of mutilating the genitalia of the child pursuant to NRS 200.5083.
Sec. 11. (Deleted by amendment.)
Sec. 12. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 211κ
Senate Bill No. 27Committee on Health and Human Services
CHAPTER 47
[Approved: May 25, 2023]
AN ACT relating to excavations; revising provisions governing excavations conducted in areas that are known or reasonably should be known to contain a subsurface installation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prohibits a person, except a person responsible for an emergency excavation or demolition under certain circumstances, from beginning an excavation or demolition that is to be conducted in an area that is known or reasonably should be known to contain a subsurface installation, unless the person: (1) notifies the appropriate association for persons who own, operate or maintain a subsurface installation; and (2) cooperates with the operator in locating and identifying the subsurface installation. (NRS 455.110) Existing law defines emergency to mean a sudden, unexpected occurrence that involves clear and imminent danger and requires immediate action to prevent or mitigate loss of life or damage to health, property or essential public services. (NRS 455.090) Section 6.5 of this bill revises this definition by clarifying that an immediate action includes, without limitation: (1) the use of non-mechanical equipment and methods that are standard in the industry to determine the severity or spread of an underground leak; or (2) the locating of a subsurface installation by the operator of the subsurface installation using non-mechanical equipment within the area of a proposed excavation under certain circumstances.
Existing law defines excavation to mean the movement or removal of earth, rock or other material in or on the ground which is accomplished using mechanical equipment or by the placement and discharge of explosives. (NRS 455.092) Section 7 of this bill expands the definition of excavation to include the movement or removal of earth, rock or other material in or on the ground using non-mechanical equipment by: (1) a contractor; or (2) any person, other than a contractor, if the movement or removal of such material occurs more than 12 inches below the surface of the original groundline. Sections 2 and 3 of this bill define the terms contractor and non-mechanical equipment, respectively. Sections 4-6, 8 and 10-12 of this bill make conforming changes indicating the placement of sections 2 and 3 within the Nevada Revised Statutes. Section 9 of this bill makes a conforming change by replacing the term hand tools with the defined term non-mechanical equipment.
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 455 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Contractor has the meaning ascribed to it in NRS 624.020.
Sec. 3. Non-mechanical equipment means equipment operated solely by human power, including, without limitation, a hammer or other device used to drive stakes or rods into the ground, mattock, pickaxe, shovel or spade.
Sec. 4. NRS 455.040 is hereby amended to read as follows:
455.040 1. The notice served pursuant to subsection 2 of NRS 455.030 must require the person or persons to appear before the justice of the peace of the township where the hole, excavation, shaft or other condition exists, or any municipal judge who may be acting in the place of the justice of the peace, at a time to be stated therein, not less than 3 days nor more than 10 days from the service of the notice, and show, to the satisfaction of the court, that the provisions of NRS 455.010 to 455.180, inclusive, and sections 2 and 3 of this act or the standards established by the Commission on Mineral Resources for the abatement of dangerous conditions have been complied with, or if the person or persons fail to appear, judgment will be entered against the person or persons for double the amount required to abate the condition.
κ2023 Statutes of Nevada, Page 212 (CHAPTER 47, SB 27)κ
peace of the township where the hole, excavation, shaft or other condition exists, or any municipal judge who may be acting in the place of the justice of the peace, at a time to be stated therein, not less than 3 days nor more than 10 days from the service of the notice, and show, to the satisfaction of the court, that the provisions of NRS 455.010 to 455.180, inclusive, and sections 2 and 3 of this act or the standards established by the Commission on Mineral Resources for the abatement of dangerous conditions have been complied with, or if the person or persons fail to appear, judgment will be entered against the person or persons for double the amount required to abate the condition.
2. All proceedings had therein must be as prescribed by law in civil cases.
3. Such persons, in addition to any judgment that may be rendered against them, are liable and subject to a fine not exceeding the sum of $250 for each violation of the provisions of NRS 455.010 to 455.180, inclusive, and sections 2 and 3 of this act which judgments and fines must be adjudged and collected as provided for by law.
Sec. 5. NRS 455.050 is hereby amended to read as follows:
455.050 1. Suits commenced under the provisions of NRS 455.010 to 455.180, inclusive, and sections 2 and 3 of this act must be filed in the name of the State of Nevada.
2. All judgments collected must be paid into the county treasury for county purposes.
3. All fines collected must be paid into the State Permanent School Fund.
Sec. 6. NRS 455.080 is hereby amended to read as follows:
455.080 As used in NRS 455.080 to 455.180, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 455.082 to 455.105, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.
Sec. 6.5. NRS 455.090 is hereby amended to read as follows:
455.090 1. Emergency means a sudden, unexpected occurrence that involves clear and imminent danger and requires immediate action to prevent or mitigate loss of life or damage to health, property or essential public services.
2. As used in this section, immediate action includes, without limitation:
(a) The use of non-mechanical equipment and methods that are standard in the industry to determine the severity or spread of an underground leak; or
(b) The locating of a subsurface installation by the operator of the subsurface installation using non-mechanical equipment within the area of a proposed excavation if:
(1) The excavation is imminent;
(2) The excavator has complied with provisions of NRS 455.080 to 455.180, inclusive, and sections 2 and 3 of this act; and
(3) The operator has been unable to locate its subsurface installation.
Sec. 7. NRS 455.092 is hereby amended to read as follows:
455.092 1. Excavation means the movement or removal of earth, rock or other material in or on the ground by [use] :
(a) Use of mechanical equipment ;
(b) Use of non-mechanical equipment by:
κ2023 Statutes of Nevada, Page 213 (CHAPTER 47, SB 27)κ
(1) A contractor; or
(2) Any person, other than a contractor, if at any point the movement or removal of such material occurs more than 12 inches below the surface of the original groundline; or [by the]
(c) The placement and discharge of explosives.
2. The term includes augering, backfilling, boring, digging, ditching, drilling, grading, plowing-in, ripping, scraping, trenching and tunneling.
Sec. 8. NRS 455.107 is hereby amended to read as follows:
455.107 1. Except as otherwise provided in subsection 2, possession of a permit to conduct an excavation or demolition does not exempt a person from complying with the provisions of NRS 455.080 to 455.180, inclusive [.] , and sections 2 and 3 of this act.
2. A person is exempt from complying with the provisions of NRS 455.080 to 455.180, inclusive, and sections 2 and 3 of this act if the person obtains the written consent of all operators involved in the proposed excavation or demolition before the person receives a permit to conduct the excavation or demolition.
Sec. 9. NRS 455.137 is hereby amended to read as follows:
455.137 1. Except as otherwise provided in subsection 2, the person responsible for an excavation or demolition shall, before using any mechanical equipment, determine the exact location of a subsurface installation that is affected by the excavation or demolition by excavating with [hand tools] non-mechanical equipment or by any other method agreed upon by the person responsible for the excavation or demolition and the operator within the approximate location of the subsurface installation as designated by markings made in accordance with NRS 455.133.
2. A person may use mechanical equipment for the removal of pavement if there are no subsurface installations contained in the pavement.
3. If the exact location of a subsurface installation cannot be determined by using [hand tools,] non-mechanical equipment, the person responsible for an excavation or demolition shall request the operator to provide additional information to locate the installation. The operator shall, within 1 working day, provide any information that is available to the operator to enable the person responsible for the excavation or demotion to determine the exact location of the installation.
Sec. 10. NRS 455.150 is hereby amended to read as follows:
455.150 Any person who substantially complies with the provisions of NRS 455.080 to 455.180, inclusive, and sections 2 and 3 of this act is not liable for the cost of repairing any damage to a subsurface installation which results from the persons excavation or demolition.
Sec. 11. NRS 455.170 is hereby amended to read as follows:
455.170 1. An action for the enforcement of a civil penalty pursuant to this section may be brought before the Public Utilities Commission of Nevada by the Attorney General, a district attorney, a city attorney, the Regulatory Operations Staff of the Public Utilities Commission of Nevada, the governmental agency that issued the permit to conduct an excavation or demolition, an operator or a person conducting an excavation or demolition.
2. Except as otherwise provided in subsection 4, in addition to any other penalty provided by law, any person who willfully or repeatedly violates a provision of NRS 455.080 to 455.180, inclusive, and sections 2 and 3 of this act is liable for a civil penalty:
κ2023 Statutes of Nevada, Page 214 (CHAPTER 47, SB 27)κ
(a) Not to exceed $2,500 per day for each violation; and
(b) Not to exceed $250,000 for any related series of violations within a calendar year.
3. Except as otherwise provided in subsections 2 and 4, any person who negligently violates any such provision is liable for a civil penalty:
(a) Not to exceed $1,000 per day for each violation; and
(b) Not to exceed $50,000 for any related series of violations within a calendar year.
4. The maximum civil penalty imposed pursuant to this section may be tripled for each violation that involves contact with, or that occurs less than 24 horizontal inches from a high consequence subsurface installation, regardless of the depth of the location of the high consequence subsurface installation. The amount of any civil penalty imposed pursuant to this section and the propriety of any settlement or compromise concerning a penalty shall be determined by the Public Utilities Commission of Nevada.
5. In determining the amount of the penalty or the amount agreed upon in a settlement or compromise, the Public Utilities Commission of Nevada shall consider:
(a) The gravity of the violation;
(b) The good faith of the person charged with the violation in attempting to comply with the provisions of NRS 455.080 to 455.180, inclusive, and sections 2 and 3 of this act before and after the violation;
(c) Any history of previous violations of the provisions of NRS 455.080 to 455.180, inclusive, and sections 2 and 3 of this act by the person charged with the violation;
(d) The willfulness or negligence of the person charged with the violation in failing to comply with the provisions of NRS 455.080 to 455.180, inclusive [;] , and sections 2 and 3 of this act;
(e) The timeliness of notification of the violation to the Public Utilities Commission of Nevada by the person charged with the violation;
(f) The cooperation of the person charged with the violation in the investigation and repair of any damage caused by the violation; and
(g) Whether an interruption of services occurred as a result of the violation.
6. Except as otherwise provided in this subsection, a civil penalty recovered pursuant to this section must first be paid to reimburse the person who initiated the action for any cost incurred in prosecuting the matter. If the Regulatory Operations Staff of the Public Utilities Commission of Nevada initiates the action, a civil penalty recovered pursuant to this section must be deposited in the State General Fund.
7. Any person aggrieved by a determination of the Public Utilities Commission of Nevada pursuant to this section may seek judicial review of the determination in the manner provided by NRS 703.373.
Sec. 12. NRS 455.180 is hereby amended to read as follows:
455.180 The provisions of NRS 455.080 to 455.170, inclusive, and sections 2 and 3 of this act do not affect any civil remedies provided by law for personal injury or property damage and do not create a new civil remedy for any personal injury or property damage.
Sec. 13. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 215κ
Senate Bill No. 4Committee on Health and Human Services
CHAPTER 48
[Approved: May 29, 2023]
AN ACT relating to public health; revising provisions governing the use of certain proceeds of litigation against manufacturers of tobacco products to pay for prescription drugs, pharmaceutical services and other benefits; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Fund for a Healthy Nevada and requires the State Treasurer to deposit into the Fund a portion of any proceeds that the State of Nevada receives from settlement agreements with and civil actions against manufacturers of tobacco products. (NRS 439.620) Existing law requires the Department of Health and Human Services to allocate money in the Fund for certain purposes, including, without limitation and subject to legislative authorization, for direct expenditure by the Department to pay for prescription drugs, pharmaceutical services and other benefits for senior citizens and persons with disabilities. Existing law also authorizes the Department to use such allocated money to subsidize these costs for senior citizens and persons with disabilities. (NRS 439.630) Existing law establishes the procedure for allocating and revoking such subsidies. (NRS 439.635-439.690) Existing law requires the Department to submit a quarterly report to the Governor and certain other entities regarding the general manner in which these expenditures have been made. (NRS 439.630)
Section 3 of this bill removes: (1) the requirement that such money must be directly expended by the Department; and (2) the limitation that such money must be used only to pay for benefits for senior citizens and persons with disabilities. Section 3 instead authorizes the Department to allocate money to provide grants and enter into contracts or intergovernmental agreements to pay for or subsidize the cost of prescription drugs, pharmaceutical services and other benefits for natural persons who: (1) are residents of Nevada; and (2) meet other criteria for eligibility established by regulation of the Department. Section 3 also requires the Department to submit the report concerning such expenditures annually rather than quarterly. Section 4 of this bill repeals the existing provisions governing the direct subsidization of prescription drugs, pharmaceutical services and other benefits for senior citizens and persons with disabilities by the Department. Sections 1 and 2 of this bill make conforming changes to remove references to the repealed provisions.
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 439.529 is hereby amended to read as follows:
439.529 1. The Department may, to the extent that money is available, administer a program pursuant to 42 U.S.C. §§ 300ff-21 et seq. to provide therapeutics to treat certain persons who have been diagnosed with the human immunodeficiency virus and to prevent the serious deterioration of the health of such persons. The program may include the provision of subsidies and pharmaceutical services.
2. The Director shall:
κ2023 Statutes of Nevada, Page 216 (CHAPTER 48, SB 4)κ
(a) Establish the criteria for eligibility for participation in the program administered pursuant to this section, which must be in accordance with the provisions of 42 U.S.C. §§ 300ff-21 et seq.; and
(b) Prescribe the manner in which the program will be administered and services will be provided.
3. The Department may use any other program administered by the Department to facilitate the provision of subsidies and services pursuant to this section . [, including, without limitation, the provision of subsidies for pharmaceutical services to senior citizens and persons with disabilities pursuant to NRS 439.635 to 439.690, inclusive.] If the Department uses another program to facilitate the provision of subsidies and services pursuant to this section, the Department shall not commingle the money available to carry out the provisions of this section and the money available to carry out the other program.
4. Money available to carry out the provisions of this section must be accounted for separately by the Department.
Sec. 2. NRS 439.620 is hereby amended to read as follows:
439.620 1. The Fund for a Healthy Nevada is hereby created in the State Treasury. The State Treasurer shall deposit in the Fund:
(a) Sixty percent of all money received by this State pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products; and
(b) Sixty percent of all money recovered by this State from a judgment in a civil action against a manufacturer of tobacco products.
2. The State Treasurer shall administer the Fund. As administrator of the Fund, the State Treasurer:
(a) Shall maintain the financial records of the Fund;
(b) Shall invest the money in the Fund as the money in other state funds is invested;
(c) Shall manage any account associated with the Fund;
(d) Shall maintain any instruments that evidence investments made with the money in the Fund;
(e) May contract with vendors for any good or service that is necessary to carry out the provisions of this section; and
(f) May perform any other duties necessary to administer the Fund.
3. The interest and income earned on the money in the Fund must, after deducting any applicable charges, be credited to the Fund. All claims against the Fund must be paid as other claims against the State are paid.
4. The State Treasurer or the Department may submit to the Interim Finance Committee a request for an allocation for administrative expenses from the Fund pursuant to this section. Except as otherwise limited by this subsection, the Interim Finance Committee may allocate all or part of the money so requested. The annual allocation for administrative expenses from the Fund must:
(a) Not exceed 2 percent of the money in the Fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the State Treasurer to administer the Fund; and
(b) Not exceed 5 percent of the money in the Fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the Department, including, without limitation, the Aging and Disability Services Division of the Department, to carry out its duties set forth in NRS 439.630 . [and to administer the provisions of NRS 439.635 to 439.690, inclusive.]
κ2023 Statutes of Nevada, Page 217 (CHAPTER 48, SB 4)κ
Κ For the purposes of this subsection, the amount of money available for allocation to pay for the administrative costs must be calculated at the beginning of each fiscal year based on the total amount of money anticipated by the State Treasurer to be deposited in the Fund during that fiscal year.
5. The money in the Fund remains in the Fund and does not revert to the State General Fund at the end of any fiscal year.
6. All money that is deposited or paid into the Fund is hereby appropriated to be used for any purpose authorized by the Legislature or by the Department for expenditure or allocation in accordance with the provisions of NRS 439.630. Money expended from the Fund must not be used to supplant existing methods of funding that are available to public agencies.
Sec. 3. NRS 439.630 is hereby amended to read as follows:
439.630 1. The Department shall:
(a) Conduct, or require the Grants Management Advisory Committee created by NRS 232.383 to conduct, public hearings to accept public testimony from a wide variety of sources and perspectives regarding existing or proposed programs that:
(1) Promote public health;
(2) Improve health services for children, senior citizens and persons with disabilities;
(3) Reduce or prevent alcohol and other substance use disorders; and
(4) Offer other general or specific information on health care in this State.
(b) Establish a process to evaluate the health and health needs of the residents of this State and a system to rank the health problems of the residents of this State, including, without limitation, the specific health problems that are endemic to urban and rural communities, and report the results of the evaluation to the Joint Interim Standing Committee on Health and Human Services on an annual basis.
(c) Subject to legislative authorization, allocate money [for direct expenditure by] to the Department to provide grants and enter into contracts or intergovernmental agreements to pay for prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, for [senior citizens and persons with disabilities pursuant to NRS 439.635 to 439.690, inclusive.] natural persons who are residents of this State and meet the criteria for eligibility established by regulation of the Department. From the money allocated pursuant to this paragraph, the Department may subsidize any portion of the cost of providing prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, to [senior citizens and persons with disabilities pursuant to NRS 439.635 to 439.690, inclusive.] such natural persons. The Department shall consider recommendations from the Grants Management Advisory Committee in carrying out the provisions of [NRS 439.635 to 439.690, inclusive.] this paragraph. The Department shall submit [a quarterly] an annual report to the Governor, the Interim Finance Committee, the Joint Interim Standing Committee on Health and Human Services and any other committees or commissions the Director deems appropriate regarding the general manner in which expenditures have been made pursuant to this paragraph.
κ2023 Statutes of Nevada, Page 218 (CHAPTER 48, SB 4)κ
committees or commissions the Director deems appropriate regarding the general manner in which expenditures have been made pursuant to this paragraph.
(d) Subject to legislative authorization, allocate, by contract or grant, money for expenditure by the Aging and Disability Services Division of the Department in the form of grants for existing or new programs that assist senior citizens and other specified persons with independent living, including, without limitation, programs that provide:
(1) Respite care or relief of informal caretakers, including, without limitation, informal caretakers of any person with Alzheimers disease or other related dementia regardless of the age of the person;
(2) Transportation to new or existing services to assist senior citizens in living independently; and
(3) Care in the home which allows senior citizens to remain at home instead of in institutional care.
Κ The Aging and Disability Services Division of the Department shall consider recommendations from the Grants Management Advisory Committee concerning the independent living needs of senior citizens.
(e) Allocate $200,000 of all revenues deposited in the Fund for a Healthy Nevada each year for direct expenditure by the Director to award competitive grants to finance the establishment or expansion of assisted living facilities that provide services pursuant to the provisions of the home and community-based services waiver which are amended pursuant to NRS 422.3962. The Director shall develop policies and procedures for awarding grants pursuant to this paragraph. If any money allocated pursuant to this paragraph remains after awarding grants to all eligible applicants, the Director must reallocate such money to the Aging and Disability Services Division of the Department to be used for the purposes described in paragraph (d).
(f) Subject to legislative authorization, allocate to the Division money for programs that are consistent with the guidelines established by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services relating to evidence-based best practices to prevent, reduce or treat the use of tobacco and the consequences of the use of tobacco. In making allocations pursuant to this paragraph, the Division shall allocate the money, by contract or grant:
(1) To the district board of health in each county whose population is 100,000 or more for expenditure for such programs in the respective county;
(2) For such programs in counties whose population is less than 100,000; and
(3) For statewide programs for tobacco cessation and other statewide services for tobacco cessation and for statewide evaluations of programs which receive an allocation of money pursuant to this paragraph, as determined necessary by the Division and the district boards of health.
(g) Subject to legislative authorization, allocate, by contract or grant, money for expenditure for programs that improve the health and well-being of residents of this State, including, without limitation, programs that improve health services for children.
(h) Subject to legislative authorization, allocate, by contract or grant, money for expenditure for programs that improve the health and well-being of persons with disabilities. In making allocations pursuant to this paragraph, the Department shall, to the extent practicable, allocate the money evenly among the following three types of programs:
κ2023 Statutes of Nevada, Page 219 (CHAPTER 48, SB 4)κ
(1) Programs that provide respite care or relief of informal caretakers for persons with disabilities;
(2) Programs that provide positive behavioral supports to persons with disabilities; and
(3) Programs that assist persons with disabilities to live safely and independently in their communities outside of an institutional setting.
(i) Maximize expenditures through local, federal and private matching contributions.
(j) Ensure that any money expended from the Fund will not be used to supplant existing methods of funding that are available to public agencies.
(k) Develop policies and procedures for the administration and distribution of contracts, grants and other expenditures to state agencies, political subdivisions of this State, nonprofit organizations, universities, state colleges and community colleges. A condition of any such contract or grant must be that not more than 8 percent of the contract or grant may be used for administrative expenses or other indirect costs. The procedures must require at least one competitive round of requests for proposals per biennium.
(l) To make the allocations required by paragraphs (f), (g) and (h):
(1) Prioritize and quantify the needs for these programs;
(2) Develop, solicit and accept applications for allocations;
(3) Review and consider the recommendations of the Grants Management Advisory Committee submitted pursuant to NRS 232.385;
(4) Conduct annual evaluations of programs to which allocations have been awarded; and
(5) Submit annual reports concerning the programs to the Governor, the Interim Finance Committee, the Joint Interim Standing Committee on Health and Human Services and any other committees or commissions the Director deems appropriate.
(m) Transmit a report of all findings, recommendations and expenditures to the Governor, each regular session of the Legislature, the Joint Interim Standing Committee on Health and Human Services and any other committees or commissions the Director deems appropriate.
(n) After considering the recommendations submitted to the Director pursuant to subsection 6, develop a plan each biennium to determine the percentage of available money in the Fund for a Healthy Nevada to be allocated from the Fund for the purposes described in paragraphs (c), (d), (f), (g) and (h). The plan must be submitted as part of the proposed budget submitted to the Chief of the Budget Division of the Office of Finance pursuant to NRS 353.210.
(o) On or before September 30 of each even-numbered year, submit to the Grants Management Advisory Committee, the Nevada Commission on Aging created by NRS 427A.032 and the Nevada Commission on Services for Persons with Disabilities created by NRS 427A.1211 a report on the funding plan submitted to the Chief of the Budget Division of the Office of Finance pursuant to paragraph (n).
2. The Department may take such other actions as are necessary to carry out its duties.
κ2023 Statutes of Nevada, Page 220 (CHAPTER 48, SB 4)κ
3. To make the allocations required by paragraph (d) of subsection 1, the Aging and Disability Services Division of the Department shall:
(a) Prioritize and quantify the needs of senior citizens and other specified persons for these programs;
(b) Develop, solicit and accept grant applications for allocations;
(c) As appropriate, expand or augment existing state programs for senior citizens and other specified persons upon approval of the Interim Finance Committee;
(d) Award grants, contracts or other allocations;
(e) Conduct annual evaluations of programs to which grants or other allocations have been awarded; and
(f) Submit annual reports concerning the allocations made by the Aging and Disability Services Division pursuant to paragraph (d) of subsection 1 to the Governor, the Interim Finance Committee, the Joint Interim Standing Committee on Health and Human Services and any other committees or commissions the Director deems appropriate.
4. The Aging and Disability Services Division of the Department shall submit each proposed grant or contract which would be used to expand or augment an existing state program to the Interim Finance Committee for approval before the grant or contract is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money. The Aging and Disability Services Division of the Department shall not expend or transfer any money allocated to the Aging and Disability Services Division pursuant to this section to subsidize any portion of the cost of providing prescription drugs, pharmaceutical services and other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear [, to senior citizens or persons with disabilities] pursuant to [NRS 439.635 to 439.690, inclusive.] paragraph (c) of subsection 1.
5. A veteran may receive benefits or other services which are available from the money allocated pursuant to this section for senior citizens or persons with disabilities to the extent that the veteran does not receive other benefits or services provided to veterans for the same purpose if the veteran qualifies for the benefits or services as a senior citizen or a person with a disability, or both.
6. On or before June 30 of each even-numbered year, the Grants Management Advisory Committee, the Nevada Commission on Aging and the Nevada Commission on Services for Persons with Disabilities each shall submit to the Director a report that includes, without limitation, recommendations regarding community needs and priorities that are determined by each such entity after any public hearings held by the entity.
Sec. 4. NRS 439.635, 439.648, 439.650, 439.655, 439.660, 439.665, 439.670, 439.675, 439.680, 439.685 and 439.690 are hereby repealed.
Sec. 5. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 221κ
Senate Bill No. 13Committee on Natural Resources
CHAPTER 49
[Approved: May 29, 2023]
AN ACT relating to pest control; revising references to certain federal statutes related to pesticides; clarifying that pest control includes certain acts conducted as a function of certain governmental entities; revising certain requirements relating to records of the sale or distribution of restricted-use pesticides; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing federal law establishes various requirements for the registration, distribution, sale and use of pesticides. (7 U.S.C. §§ 136 et seq.) Sections 1, 3 and 4 of this bill update certain references to existing federal law relating to pesticides.
Existing law prohibits, in general, any natural person from using pesticides or otherwise engaging in pest control without a license as an applicator issued by the Director of the State Department of Agriculture. (NRS 555.280, 555.285) Section 2 of this bill clarifies that pest control includes certain activities of a city, county, state or other governmental agency, thereby clarifying that employees of such agencies who engage in pest control are required to obtain a license from the Director.
Existing law prohibits a person from selling, offering to sell, distributing or delivering a restricted-use pesticide unless the person is registered with the Director. Existing law also requires each person registered with the Director to maintain a record of each sale and distribution of restricted-use pesticides for 2 years. (NRS 586.406) Section 4 of this bill requires that such records be kept at each place of business at which a person sells or distributes restricted-use pesticides.
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 555.2641 is hereby amended to read as follows:
555.2641 General-use pesticide means a pesticide that has not been determined to be or classified as a restricted-use pesticide:
1. By the Director; or
2. In accordance with the Federal [Environmental Pesticide Control] Insecticide, Fungicide, and Rodenticide Act , [of 1972,] 7 U.S.C. §§ 136 et seq.
Sec. 2. NRS 555.2667 is hereby amended to read as follows:
555.2667 Pest control means conducting, as a function of the agency, in the case of a city, county, state or other governmental agency, or publicly holding oneself out as being in the business of detecting, preventing, controlling or exterminating pests or otherwise engaging in, advertising or soliciting for:
1. The use of pesticides or mechanical devices for the extermination, control or prevention of infestations of pests.
2. The inspection of households or other structures and the submission of reports of inspection, estimates or bids, written or oral, for the inspection, extermination, control or prevention of wood-destroying pests.
κ2023 Statutes of Nevada, Page 222 (CHAPTER 49, SB 13)κ
Sec. 3. NRS 586.205 is hereby amended to read as follows:
586.205 Restricted-use pesticide means any pesticide, including any highly toxic pesticide, which:
1. The Director has determined after a hearing, to be:
(a) Injurious to persons, pollinating insects, bees, animals, crops or land, other than pests or vegetation it is intended to prevent, destroy, control or mitigate; or
(b) Detrimental to:
(1) Vegetation, except weeds;
(2) Wildlife; or
(3) Public health and safety; or
2. Has been classified for restricted use by or under the supervision of a certified applicator in accordance with the Federal [Environmental Pesticide Control] Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§ 136 et seq.
Sec. 4. NRS 586.406 is hereby amended to read as follows:
586.406 1. It is unlawful for any person to sell or offer to sell at the retail level or distribute or deliver for transportation for delivery to the consumer or user a pesticide classified for restricted use pursuant to NRS 586.237 or the Federal [Environmental Pesticide Control] Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§ 136 et seq., unless the person is registered with the Director.
2. Each person applying for registration must provide a statement including:
(a) The name and address of the person registering; and
(b) The name and address of any person who, on behalf of the person registering, sells, offers to sell, distributes or delivers for transportation a restricted-use pesticide.
3. All registrations expire on December 31 and are renewable annually.
4. Each person registering shall pay:
(a) An annual registration fee established by regulation of the State Board of Agriculture; and
(b) A penalty fee of $5 if the persons previous registration has expired by the failure to reregister on or before February 1, unless the persons registration is accompanied by a signed statement that no person named on the registration statement has sold or distributed any restricted-use pesticides during the year the registration was not in effect.
5. Each person who is registered shall maintain for 2 years , at each place of business at which a person sells or distributes restricted-use pesticides, a record of each sale and distribution of restricted-use pesticides in accordance with the requirements for State certification plans set forth in 40 C.F.R. § 171.303(b)(7)(vii).
6. Each person registered pursuant to this section shall, on or before the 15th day of each month, file a report with the Director specifying the restricted-use pesticides sold or distributed during the previous month. The Director shall provide the form for the report. The form must be filed regardless of whether the person sold or distributed any pesticides during the previous month.
Sec. 5. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 223κ
Senate Bill No. 117Committee on Health and Human Services
CHAPTER 50
[Approved: May 29, 2023]
AN ACT relating to health care; authorizing Medicaid coverage for the services of certain community health workers; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Director of the Department of Health and Human Services to include in the State Plan for Medicaid coverage for the services of a community health worker who is supervised by a physician, physician assistant or advance practice registered nurse. (NRS 422.2722) This bill authorizes the Director to include in the State Plan coverage for services of community health workers who are supervised by other types of providers of health care.
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 422.2722 is hereby amended to read as follows:
422.2722 1. The Director shall include in the State Plan for Medicaid a requirement that the State, to the extent authorized by federal law, pay the nonfederal share of expenditures incurred for the services of a community health worker who provides services under the supervision of a physician, physician assistant or advanced practice registered nurse.
2. The Director may include in the State Plan for Medicaid a requirement that the State, to the extent authorized by federal law, pay the nonfederal share of expenditures incurred for the services of community health workers who provide services under the supervision of specified types of providers of health care, other than those described in subsection 1.
3. As used in this section [, community] :
(a) Community health worker has the meaning ascribed to it in NRS 449.0027.
(b) Provider of health care has the meaning ascribed to it in NRS 629.031.
Sec. 3. 1. This section becomes effective upon passage and approval.
2. Sections 1 and 2 of this act become effective:
(a) Upon passage and approval for the purpose of adopting any policies and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On July 1, 2023, for all other purposes.
________
κ2023 Statutes of Nevada, Page 224κ
Senate Bill No. 119Committee on Health and Human Services
CHAPTER 51
[Approved: May 29, 2023]
AN ACT relating to health care; revising provisions governing the circumstances under which certain insurers are required to provide reimbursement for services provided through telehealth in the same amount as services provided in person or through other means; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires a third-party payer who is not an industrial insurer to cover services provided through telehealth, except for services provided through audio-only interaction, in the same amount as services provided in person or by other means. (NRS 422.2721, 689A.0463, 689B.0369, 689C.195, 695A.265, 695B.1904, 695C.1708, 695D.216, 695G.162) However, existing law provides for the expiration of the requirement: (1) as it applies to services other than mental health services, 1 year after the termination of the emergency declared for COVID-19 or on June 30, 2023, whichever is earlier; and (2) as it applies to mental health services, on June 30, 2023. (Chapter 479, Statutes of Nevada 2021, at page 3046) The Declaration of Emergency for COVID-19 was terminated on May 20, 2022. (Proclamation Terminating Declaration of Emergency Related to COVID-19, May 18, 2022) Therefore, the requirement for certain third-party payers to cover services provided through telehealth, except for services provided through audio-only interaction, in the same amount as services provided in person or by other means expires: (1) as it applies to services other than mental health services, on May 20, 2023; and (2) as it applies to mental health services, on June 30, 2023. (Section 17 of chapter 479, Statutes of Nevada 2021, at page 3046) Sections 2 and 4 of this bill retain the requirement that a third-party payer who is not an industrial insurer cover services provided through telehealth, except for services provided through audio-only interaction, in the same amount as services provided in person or by other means until July 1, 2023. On that date, sections 1-1.9 of this bill retain that requirement with respect to: (1) services delivered through means other than audio-only interaction to patients at certain originating sites located in rural areas or by certain facilities; and (2) counseling or treatment relating to a mental health condition or substance use disorder. Sections 1-1.9 additionally require an insurer to provide reimbursement for counseling or treatment relating to a mental health condition or substance use disorder provided through an audio-only telehealth interaction in the same amount as if the counseling or treatment was provided in person or through other means.
κ2023 Statutes of Nevada, Page 225 (CHAPTER 51, SB 119)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 689A.0463 is hereby amended to read as follows:
689A.0463 1. A policy of health insurance must include coverage for services provided to an insured through telehealth to the same extent [and, except for services provided through audio-only interaction, in the same amount] as though provided in person or by other means.
2. A policy of health insurance must provide reimbursement for services described in subsection 1 in the same amount as though provided in person or by other means:
(a) If the services:
(1) Are received at an originating site described in 42 U.S.C. § 1395m(m)(4)(C) or furnished by a federally-qualified health center or a rural health clinic; and
(2) Except for services described in paragraph (b), are not provided through audio-only interaction; or
(b) For counseling or treatment relating to a mental health condition or a substance use disorder, including, without limitation, when such counseling or treatment is provided through audio-only interaction.
[2.] 3. An insurer shall not:
(a) Require an insured to establish a relationship in person with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to providing the coverage described in subsection 1 [;] or the reimbursement described in subsection 2;
(b) Require a provider of health care to demonstrate that it is necessary to provide services to an insured through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage described in subsection 1 [;] or the reimbursement described in subsection 2;
(c) Refuse to provide the coverage described in subsection 1 or the reimbursement described in subsection 2 because of:
(1) The distant site from which a provider of health care provides services through telehealth or the originating site at which an insured receives services through telehealth; or
(2) The technology used to provide the services;
(d) Require covered services to be provided through telehealth as a condition to providing coverage for such services; or
(e) Categorize a service provided through telehealth differently for purposes relating to coverage or reimbursement than if the service had been provided in person or through other means.
[3.] 4. A policy of health insurance must not require an insured to obtain prior authorization for any service provided through telehealth that is not required for the service when provided in person. A policy of health insurance may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or by other means.
[4.] 5. The provisions of this section do not require an insurer to:
κ2023 Statutes of Nevada, Page 226 (CHAPTER 51, SB 119)κ
(a) Ensure that covered services are available to an insured through telehealth at a particular originating site;
(b) Provide coverage for a service that is not a covered service or that is not provided by a covered provider of health care; or
(c) Enter into a contract with any provider of health care or cover any service if the insurer is not otherwise required by law to do so.
[5.] 6. A policy of health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after [October] July 1, [2021,] 2023, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this section is void.
[6.] 7. As used in this section:
(a) Distant site has the meaning ascribed to it in NRS 629.515.
(b) Federally-qualified health center has the meaning ascribed to it in 42 U.S.C. § 1396d(l)(2)(B).
(c) Originating site has the meaning ascribed to it in NRS 629.515.
[(c)] (d) Provider of health care has the meaning ascribed to it in NRS 439.820.
(e) Rural health clinic has the meaning ascribed to it in 42 U.S.C. § 1395x(aa)(2).
[(d)] (f) Telehealth has the meaning ascribed to it in NRS 629.515.
Sec. 1.2. NRS 689B.0369 is hereby amended to read as follows:
689B.0369 1. A policy of group or blanket health insurance must include coverage for services provided to an insured through telehealth to the same extent [and, except for services provided through audio-only interaction, in the same amount] as though provided in person or by other means.
2. A policy of group or blanket health insurance must provide reimbursement for services described in subsection 1 in the same amount as though provided in person or by other means:
(a) If the services:
(1) Are received at an originating site described in 42 U.S.C. § 1395m(m)(4)(C) or furnished by a federally-qualified health center or a rural health clinic; and
(2) Except for services described in paragraph (b), are not provided through audio-only interaction; or
(b) For counseling or treatment relating to a mental health condition or a substance use disorder, including, without limitation, when such counseling or treatment is provided through audio-only interaction.
3. An insurer shall not:
(a) Require an insured to establish a relationship in person with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to providing the coverage described in subsection 1 [;] or the reimbursement described in subsection 2;
(b) Require a provider of health care to demonstrate that it is necessary to provide services to an insured through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage described in subsection 1 [;] or the reimbursement described in subsection 2;
(c) Refuse to provide the coverage described in subsection 1 or the reimbursement described in subsection 2 because of:
κ2023 Statutes of Nevada, Page 227 (CHAPTER 51, SB 119)κ
(1) The distant site from which a provider of health care provides services through telehealth or the originating site at which an insured receives services through telehealth; or
(2) The technology used to provide the services;
(d) Require covered services to be provided through telehealth as a condition to providing coverage for such services; or
(e) Categorize a service provided through telehealth differently for purposes relating to coverage or reimbursement than if the service had been provided in person or through other means.
[3.] 4. A policy of group or blanket health insurance must not require an insured to obtain prior authorization for any service provided through telehealth that is not required for that service when provided in person. A policy of group or blanket health insurance may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or by other means.
[4.] 5. The provisions of this section do not require an insurer to:
(a) Ensure that covered services are available to an insured through telehealth at a particular originating site;
(b) Provide coverage for a service that is not a covered service or that is not provided by a covered provider of health care; or
(c) Enter into a contract with any provider of health care or cover any service if the insurer is not otherwise required by law to do so.
[5.] 6. A policy of group or blanket health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after [October] July 1, [2021,] 2023, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this section is void.
[6.] 7. As used in this section:
(a) Distant site has the meaning ascribed to it in NRS 629.515.
(b) Federally-qualified health center has the meaning ascribed to it in 42 U.S.C. § 1396d(l)(2)(B).
(c) Originating site has the meaning ascribed to it in NRS 629.515.
[(c)] (d) Provider of health care has the meaning ascribed to it in NRS 439.820.
(e) Rural health clinic has the meaning ascribed to it in 42 U.S.C. § 1395x(aa)(2).
[(d)] (f) Telehealth has the meaning ascribed to it in NRS 629.515.
Sec. 1.3. NRS 689C.195 is hereby amended to read as follows:
689C.195 1. A health benefit plan must include coverage for services provided to an insured through telehealth to the same extent [and, except for services provided through audio-only interaction, in the same amount] as though provided in person or by other means.
2. A health benefit plan must provide reimbursement for services described in subsection 1 in the same amount as though provided in person or by other means:
(a) If the services:
(1) Are received at an originating site described in 42 U.S.C. § 1395m(m)(4)(C) or furnished by a federally-qualified health center or a rural health clinic;
(2) Except for services described in paragraph (b), are not provided through audio-only interaction; or
κ2023 Statutes of Nevada, Page 228 (CHAPTER 51, SB 119)κ
(b) For counseling or treatment relating to a mental health condition or a substance use disorder, including, without limitation, when such counseling or treatment is provided through audio-only interaction.
3. A carrier shall not:
(a) Require an insured to establish a relationship in person with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to providing the coverage described in subsection 1 [;] or the reimbursement described in subsection 2;
(b) Require a provider of health care to demonstrate that it is necessary to provide services to an insured through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage described in subsection 1 [;] or the reimbursement described in subsection 2;
(c) Refuse to provide the coverage described in subsection 1 or the reimbursement described in subsection 2 because of:
(1) The distant site from which a provider of health care provides services through telehealth or the originating site at which an insured receives services through telehealth; or
(2) The technology used to provide the services;
(d) Require covered services to be provided through telehealth as a condition to providing coverage for such services; or
(e) Categorize a service provided through telehealth differently for purposes relating to coverage or reimbursement than if the service had been provided in person or through other means.
[3.] 4. A health benefit plan must not require an insured to obtain prior authorization for any service provided through telehealth that is not required for the service when provided in person. A health benefit plan may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or by other means.
[4.] 5. The provisions of this section do not require a carrier to:
(a) Ensure that covered services are available to an insured through telehealth at a particular originating site;
(b) Provide coverage for a service that is not a covered service or that is not provided by a covered provider of health care; or
(c) Enter into a contract with any provider of health care or cover any service if the carrier is not otherwise required by law to do so.
[5.] 6. A plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after [October] July 1, [2021,] 2023, has the legal effect of including the coverage required by this section, and any provision of the plan or the renewal which is in conflict with this section is void.
[6.] 7. As used in this section:
(a) Distant site has the meaning ascribed to it in NRS 629.515.
(b) Federally-qualified health center has the meaning ascribed to it in 42 U.S.C. § 1396d(l)(2)(B).
(c) Originating site has the meaning ascribed to it in NRS 629.515.
[(c)] (d) Provider of health care has the meaning ascribed to it in NRS 439.820.
(e) Rural health clinic has the meaning ascribed to it in 42 U.S.C. § 1395x(aa)(2).
κ2023 Statutes of Nevada, Page 229 (CHAPTER 51, SB 119)κ
[(d)] (f) Telehealth has the meaning ascribed to it in NRS 629.515.
Sec. 1.4. NRS 695A.265 is hereby amended to read as follows:
695A.265 1. A benefit contract must include coverage for services provided to an insured through telehealth to the same extent [and, except for services provided through audio-only interaction, in the same amount] as though provided in person or by other means.
2. A benefit contract must provide reimbursement for services described in subsection 1 in the same amount as though provided in person or by other means:
(a) If the services:
(1) Are received at an originating site described in 42 U.S.C. § 1395m(m)(4)(C) or furnished by a federally-qualified health center or a rural health clinic; and
(2) Except for services described in paragraph (b), are not provided through audio-only interaction; or
(b) For counseling or treatment relating to a mental health condition or a substance use disorder, including, without limitation, when such counseling or treatment is provided through audio-only interaction.
3. A society shall not:
(a) Require an insured to establish a relationship in person with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to providing the coverage described in subsection 1 [;] or the reimbursement described in subsection 2;
(b) Require a provider of health care to demonstrate that it is necessary to provide services to an insured through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage described in subsection 1 [;] or the reimbursement described in subsection 2;
(c) Refuse to provide the coverage described in subsection 1 or the reimbursement described in subsection 2 because of:
(1) The distant site from which a provider of health care provides services through telehealth or the originating site at which an insured receives services through telehealth; or
(2) The technology used to provide the services;
(d) Require covered services to be provided through telehealth as a condition to providing coverage for such services; or
(e) Categorize a service provided through telehealth differently for purposes relating to coverage or reimbursement than if the service had been provided in person or through other means.
[3.] 4. A benefit contract must not require an insured to obtain prior authorization for any service provided through telehealth that is not required for the service when provided in person. A benefit contract may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or by other means.
[4.] 5. The provisions of this section do not require a society to:
(a) Ensure that covered services are available to an insured through telehealth at a particular originating site;
(b) Provide coverage for a service that is not a covered service or that is not provided by a covered provider of health care; or
κ2023 Statutes of Nevada, Page 230 (CHAPTER 51, SB 119)κ
(c) Enter into a contract with any provider of health care or cover any service if the society is not otherwise required by law to do so.
[5.] 6. A benefit contract subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after [October] July 1, [2021,] 2023, has the legal effect of including the coverage required by this section, and any provision of the contract or the renewal which is in conflict with this section is void.
[6.] 7. As used in this section:
(a) Distant site has the meaning ascribed to it in NRS 629.515.
(b) Federally-qualified health center has the meaning ascribed to it in 42 U.S.C. § 1396d(1)(2)(B).
(c) Originating site has the meaning ascribed to it in NRS 629.515.
[(c)] (d) Provider of health care has the meaning ascribed to it in NRS 439.820.
(e) Rural health clinic has the meaning ascribed to it in 42 U.S.C. § 1395x(aa)(2).
[(d)] (f) Telehealth has the meaning ascribed to it in NRS 629.515.
Sec. 1.5. NRS 695B.1904 is hereby amended to read as follows:
695B.1904 1. A contract for hospital, medical or dental services subject to the provisions of this chapter must include services provided to an insured through telehealth to the same extent [and, except for services provided through audio-only interaction, in the same amount] as though provided in person or by other means.
2. A contract for hospital, medical or dental services must provide reimbursement for services described in subsection 1 in the same amount as though provided in person or by other means:
(a) If the services:
(1) Are received at an originating site described in 42 U.S.C. § 1395m(m)(4)(C) or furnished by a federally-qualified health center or a rural health clinic; and
(2) Except for services described in paragraph (b), are not provided through audio-only interaction; or
(b) For counseling or treatment relating to a mental health condition or a substance use disorder, including, without limitation, when such counseling or treatment is provided through audio-only interaction.
3. A medical services corporation that issues contracts for hospital, medical or dental services shall not:
(a) Require an insured to establish a relationship in person with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to providing the coverage described in subsection 1 [;] or the reimbursement described in subsection 2;
(b) Require a provider of health care to demonstrate that it is necessary to provide services to an insured through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage described in subsection 1 [;] or the reimbursement described in subsection 2;
(c) Refuse to provide the coverage described in subsection 1 or the reimbursement described in subsection 2 because of:
(1) The distant site from which a provider of health care provides services through telehealth or the originating site at which an insured receives services through telehealth; or
κ2023 Statutes of Nevada, Page 231 (CHAPTER 51, SB 119)κ
(2) The technology used to provide the services;
(d) Require covered services to be provided through telehealth as a condition to providing coverage for such services; or
(e) Categorize a service provided through telehealth differently for purposes relating to coverage or reimbursement than if the service had been provided in person or through other means.
[3.] 4. A contract for hospital, medical or dental services must not require an insured to obtain prior authorization for any service provided through telehealth that is not required for the service when provided in person. A contract for hospital, medical or dental services may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or by other means.
[4.] 5. The provisions of this section do not require a medical services corporation that issues contracts for hospital, medical or dental services to:
(a) Ensure that covered services are available to an insured through telehealth at a particular originating site;
(b) Provide coverage for a service that is not a covered service or that is not provided by a covered provider of health care; or
(c) Enter into a contract with any provider of health care or cover any service if the medical services corporation is not otherwise required by law to do so.
[5.] 6. A contract for hospital, medical or dental services subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after [October] July 1, [2021,] 2023, has the legal effect of including the coverage required by this section, and any provision of the contract or the renewal which is in conflict with this section is void.
[6.] 7. As used in this section:
(a) Distant site has the meaning ascribed to it in NRS 629.515.
(b) Federally-qualified health center has the meaning ascribed to it in 42 U.S.C. § 1396d(l)(2)(B).
(c) Originating site has the meaning ascribed to it in NRS 629.515.
[(c)] (d) Provider of health care has the meaning ascribed to it in NRS 439.820.
(e) Rural health clinic has the meaning ascribed to it in 42 U.S.C. § 1395x(aa)(2).
[(d)] (f) Telehealth has the meaning ascribed to it in NRS 629.515.
Sec. 1.6. NRS 695C.1708 is hereby amended to read as follows:
695C.1708 1. A health care plan of a health maintenance organization must include coverage for services provided to an enrollee through telehealth to the same extent [and, except for services provided through audio-only interaction, in the same amount] as though provided in person or by other means.
2. A health care plan of a health maintenance organization must provide reimbursement for services described in subsection 1 in the same amount as though provided in person or by other means:
(a) If the services:
(1) Are received at an originating site described in 42 U.S.C. § 1395m(m)(4)(C) or furnished by a federally-qualified health center or a rural health clinic; and
(2) Except for services described in paragraph (b), are not provided through audio-only interaction; or
κ2023 Statutes of Nevada, Page 232 (CHAPTER 51, SB 119)κ
(b) For counseling or treatment relating to a mental health condition or a substance use disorder, including, without limitation, when such counseling or treatment is provided through audio-only interaction.
3. A health maintenance organization shall not:
(a) Require an enrollee to establish a relationship in person with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to providing the coverage described in subsection 1 [;] or the reimbursement described in subsection 2;
(b) Require a provider of health care to demonstrate that it is necessary to provide services to an enrollee through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage described in subsection 1 [;] or the reimbursement described in subsection 2;
(c) Refuse to provide the coverage described in subsection 1 or the reimbursement described in subsection 2 because of:
(1) The distant site from which a provider of health care provides services through telehealth or the originating site at which an enrollee receives services through telehealth; or
(2) The technology used to provide the services;
(d) Require covered services to be provided through telehealth as a condition to providing coverage for such services; or
(e) Categorize a service provided through telehealth differently for purposes relating to coverage or reimbursement than if the service had been provided in person or through other means.
[3.] 4. A health care plan of a health maintenance organization must not require an enrollee to obtain prior authorization for any service provided through telehealth that is not required for the service when provided in person. Such a health care plan may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or by other means.
[4.] 5. The provisions of this section do not require a health maintenance organization to:
(a) Ensure that covered services are available to an enrollee through telehealth at a particular originating site;
(b) Provide coverage for a service that is not a covered service or that is not provided by a covered provider of health care; or
(c) Enter into a contract with any provider of health care or cover any service if the health maintenance organization is not otherwise required by law to do so.
[5.] 6. Evidence of coverage subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after [October] July 1, [2021,] 2023, has the legal effect of including the coverage required by this section, and any provision of the plan or the renewal which is in conflict with this section is void.
[6.] 7. As used in this section:
(a) Distant site has the meaning ascribed to it in NRS 629.515.
(b) Federally-qualified health center has the meaning ascribed to it in 42 U.S.C. § 1396d(l)(2)(B).
(c) Originating site has the meaning ascribed to it in NRS 629.515.
[(c)] (d) Provider of health care has the meaning ascribed to it in NRS 439.820.
κ2023 Statutes of Nevada, Page 233 (CHAPTER 51, SB 119)κ
(e) Rural health clinic has the meaning ascribed to it in 42 U.S.C. § 1395x(aa)(2).
[(d)] (f) Telehealth has the meaning ascribed to it in NRS 629.515.
Sec. 1.7. NRS 695D.216 is hereby amended to read as follows:
695D.216 1. A plan for dental care must include coverage for services provided to a member through telehealth to the same extent [and, except for services provided through audio-only interaction, in the same amount] as though provided in person or by other means.
2. A plan for dental care must provide reimbursement for services described in subsection 1 in the same amount as though provided in person or by other means if the services:
(a) Are received at an originating site described in 42 U.S.C. § 1395m(m)(4)(C) or furnished by a federally-qualified health center or a rural health clinic; and
(b) Are not provided through audio-only interaction.
3. An organization for dental care shall not:
(a) Require a member to establish a relationship in person with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to providing the coverage described in subsection 1 [;] or the reimbursement described in subsection 2;
(b) Require a provider of health care to demonstrate that it is necessary to provide services to a member through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage described in subsection 1 [;] or the reimbursement described in subsection 2;
(c) Refuse to provide the coverage described in subsection 1 or the reimbursement described in subsection 2 because of:
(1) The distant site from which a provider of health care provides services through telehealth or the originating site at which a member receives services through telehealth; or
(2) The technology used to provide the services;
(d) Require covered services to be provided through telehealth as a condition to providing coverage for such services; or
(e) Categorize a service provided through telehealth differently for purposes relating to coverage or reimbursement than if the service had been provided in person or through other means.
[3.] 4. A plan for dental care must not require a member to obtain prior authorization for any service provided through telehealth that is not required for the service when provided in person. A plan for dental care may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or by other means.
[4.] 5. The provisions of this section do not require an organization for dental care to:
(a) Ensure that covered services are available to a member through telehealth at a particular originating site;
(b) Provide coverage for a service that is not a covered service or that is not provided by a covered provider of health care; or
κ2023 Statutes of Nevada, Page 234 (CHAPTER 51, SB 119)κ
(c) Enter into a contract with any provider of health care or cover any service if the organization for dental care is not otherwise required by law to do so.
[5.] 6. A plan for dental care subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after [October] July 1, [2021,] 2023, has the legal effect of including the coverage required by this section, and any provision of the plan or the renewal which is in conflict with this section is void.
[6.] 7. As used in this section:
(a) Distant site has the meaning ascribed to it in NRS 629.515.
(b) Federally-qualified health center has the meaning ascribed to it in 42 U.S.C. § 1396d(l)(2)(B).
(c) Originating site has the meaning ascribed to it in NRS 629.515.
[(c)] (d) Provider of health care has the meaning ascribed to it in NRS 439.820.
(e) Rural health clinic has the meaning ascribed to it in 42 U.S.C. § 1395x(aa)(2).
[(d)] (f) Telehealth has the meaning ascribed to it in NRS 629.515.
Sec. 1.8. NRS 695G.162 is hereby amended to read as follows:
695G.162 1. A health care plan issued by a managed care organization for group coverage must include coverage for services provided to an insured through telehealth to the same extent [and, except for services provided through audio-only interaction, in the same amount] as though provided in person or by other means.
2. A health care plan issued by a managed care organization for group coverage must provide reimbursement for services described in subsection 1 in the same amount as though provided in person or by other means:
(a) If the services:
(1) Are received at an originating site described in 42 U.S.C. § 1395m(m)(4)(C) or furnished by a federally-qualified health center or a rural health clinic; and
(2) Except for services described in paragraph (b), are not provided through audio-only interaction; or
(b) For counseling or treatment relating to a mental health condition or a substance use disorder, including, without limitation, when such counseling or treatment is provided through audio-only interaction.
3. A managed care organization shall not:
(a) Require an insured to establish a relationship in person with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to providing the coverage described in subsection 1 [;] or the reimbursement described in subsection 2;
(b) Require a provider of health care to demonstrate that it is necessary to provide services to an insured through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage described in subsection 1 [;] or the reimbursement described in subsection 2;
κ2023 Statutes of Nevada, Page 235 (CHAPTER 51, SB 119)κ
(c) Refuse to provide the coverage described in subsection 1 or the reimbursement described in subsection 2 because of:
(1) The distant site from which a provider of health care provides services through telehealth or the originating site at which an insured receives services through telehealth; or
(2) The technology used to provide the services;
(d) Require covered services to be provided through telehealth as a condition to providing coverage for such services; or
(e) Categorize a service provided through telehealth differently for purposes relating to coverage or reimbursement than if the service had been provided in person or through other means.
[3.] 4. A health care plan of a managed care organization must not require an insured to obtain prior authorization for any service provided through telehealth that is not required for the service when provided in person. Such a health care plan may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or by other means.
[4.] 5. The provisions of this section do not require a managed care organization to:
(a) Ensure that covered services are available to an insured through telehealth at a particular originating site;
(b) Provide coverage for a service that is not a covered service or that is not provided by a covered provider of health care; or
(c) Enter into a contract with any provider of health care or cover any service if the managed care organization is not otherwise required by law to do so.
[5.] 6. Evidence of coverage that is delivered, issued for delivery or renewed on or after [October] July 1, [2021,] 2023, has the legal effect of including the coverage required by this section, and any provision of the plan or the renewal which is in conflict with this section is void.
[6.] 7. As used in this section:
(a) Distant site has the meaning ascribed to it in NRS 629.515.
(b) Federally-qualified health center has the meaning ascribed to it in 42 U.S.C. § 1396d(l)(2)(B).
(c) Originating site has the meaning ascribed to it in NRS 629.515.
[(c)] (d) Provider of health care has the meaning ascribed to it in NRS 439.820.
(e) Rural health clinic has the meaning ascribed to it in 42 U.S.C. § 1395x(aa)(2).
[(d)] (f) Telehealth has the meaning ascribed to it in NRS 629.515.
Sec. 1.9. NRS 422.2721 is hereby amended to read as follows:
422.2721 1. The Director shall include in the State Plan for Medicaid:
(a) A requirement that the State [, and, to the extent applicable, any of its political subdivisions,] shall pay for the nonfederal share of expenses for services provided to a person through telehealth to the same extent and, except for services provided through audio-only interaction, in the same amount as though provided in person or by other means; [and]
(b) A requirement that the State shall pay the nonfederal share of expenses for services described in paragraph (a) in the same amount as though provided in person or by other means:
κ2023 Statutes of Nevada, Page 236 (CHAPTER 51, SB 119)κ
(1) If the services:
(I) Are received at an originating site described in 42 U.S.C. § 1395m(m)(4)(C) or furnished by a federally-qualified health center or a rural health clinic; and
(II) Except for services described in subparagraph (2), are not provided through audio-only interaction; or
(2) For counseling or treatment relating to a mental health condition or a substance use disorder, including, without limitation, when such counseling or treatment is provided through audio-only interaction; and
(c) A provision prohibiting the State from:
(1) Requiring a person to obtain prior authorization that would not be required if a service were provided in person or through other means, establish a relationship with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to paying for services as described in paragraph (a) [.] or (b). The State Plan for Medicaid may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or through other means.
(2) Requiring a provider of health care to demonstrate that it is necessary to provide services to a person through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to paying for services as described in paragraph (a) [.] or (b).
(3) Refusing to pay for services as described in paragraph (a) or (b) because of:
(I) The distant site from which a provider of health care provides services through telehealth or the originating site at which a person who is covered by the State Plan for Medicaid receives services through telehealth; or
(II) The technology used to provide the services.
(4) Requiring services to be provided through telehealth as a condition to paying for such services.
(5) Categorizing a service provided through telehealth differently for purposes relating to coverage or reimbursement than if the service had been provided in person or through other means.
2. The provisions of this section do not:
(a) Require the Director to include in the State Plan for Medicaid coverage of any service that the Director is not otherwise required by law to include; or
(b) Require the State or any political subdivision thereof to:
(1) Ensure that covered services are available to a recipient of Medicaid through telehealth at a particular originating site; or
(2) Provide coverage for a service that is not included in the State Plan for Medicaid or provided by a provider of health care that does not participate in Medicaid.
3. As used in this section:
(a) Distant site has the meaning ascribed to it in NRS 629.515.
(b) Federally-qualified health center has the meaning ascribed to it in 42 U.S.C. § 1396d(l)(2)(B).
κ2023 Statutes of Nevada, Page 237 (CHAPTER 51, SB 119)κ
(c) Originating site has the meaning ascribed to it in NRS 629.515.
[(c)] (d) Provider of health care has the meaning ascribed to it in NRS 439.820.
(e) Rural health clinic has the meaning ascribed to it in 42 U.S.C. § 1395x(aa)(2).
[(d)] (f) Telehealth has the meaning ascribed to it in NRS 629.515.
Sec. 2. Section 17 of chapter 479, Statutes of Nevada 2021, at page 3046, is hereby amended to read as follows:
Sec. 17. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 4, inclusive, 5 to 9, inclusive, 10, 11, 12, 13, 14, 15, 16 and 16.5 of this act become effective:
(a) Upon passage and approval for the purpose of performing any preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On October 1, 2021, for all other purposes.
3. [Sections 4.3, 9.3, 10.3, 11.3, 12.3, 13.3, 14.3 and 16.1 of this act become effective 1 year after the date on which the Governor terminates the emergency described in the Declaration of Emergency for COVID-19 issued on March 12, 2020, only if the Governor terminates that emergency before July 1, 2022.
4. Sections 4.6, 9.6, 10.6, 11.6, 12.6, 13.6, 14.6 and 16.2 of this act become effective on July 1, 2023, only if the Governor terminates the emergency described in the Declaration of Emergency for COVID-19 issued on March 12, 2020, before July 1, 2022.
5.] Sections 4.9, 9.9, 10.9, 11.9, 12.9, 13.9, 14.9 and 16.3 of this act become effective on June 30, 2023, only if the Governor terminates the emergency described in the Declaration of Emergency for COVID-19 issued on March 12, 2020, on or after July 1, 2022.
[6. Section 15.5 of this act becomes effective on June 30, 2023, or 1 year after the date on which the Governor terminates the emergency described in the Declaration of Emergency for COVID-19 issued on March 12, 2020, whichever is earlier.]
Sec. 3. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 4. 1. This section and section 3 of this act become effective upon passage and approval.
2. Section 2 of this act becomes effective upon passage and approval and applies retroactively on and after May 20, 2023.
3. Sections 1 to 1.9, inclusive, of this act become effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 238κ
Senate Bill No. 16Committee on Government Affairs
CHAPTER 52
[Approved: May 29, 2023]
AN ACT relating to the Charter of Carson City; amending provisions relating to the deadline for realigning the boundaries of wards; revising provisions related to the terms of Supervisors of Carson City; amending the time limit for the Board of Supervisors of Carson City to adopt or reject an ordinance or amendment; revising provisions related to filling a vacancy in the Office of Mayor; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The existing Charter of Carson City requires that Carson City be divided into four wards. The existing Charter of Carson City also requires the Board of Supervisors of Carson City to: (1) realign the boundaries of the wards on or before January 1 preceding the next general election at which Supervisors are elected, if reliable evidence indicates that the population of a ward exceeds any other ward by more than 5 percent; and (2) reconsider the boundaries of the wards upon the receipt of information from the preceding national decennial census. (Carson City Charter § 1.060) Section 1 of this bill requires instead that the Board of Supervisors realign the boundaries of wards whenever: (1) reliable evidence indicates the population of a ward exceeds any other ward by more than 5 percent; or (2) the population in a ward exceeds the population in any other ward by more than 5 percent, as determined by the preceding national decennial census.
The existing Charter of Carson City provides that terms of Supervisors, including the Mayor, are 4 years. (Carson City Charter § 2.010) Existing law further provides that the terms of office for Supervisors: (1) begin the first Monday of January succeeding their election; and (2) expire at 12 p.m. of the day preceding the first Monday in January following the election. (NRS 0.0305, 244.030, 244.040) Sections 2, 7 and 8 of this bill provide instead that the terms of Supervisors: (1) begin at midnight on the first Monday in January following the general election; and (2) end at 11:59 p.m. on the day immediately preceding the first Monday in January following the general election. Section 9 of this bill makes a conforming change to clarify that these changes are applicable to Supervisors who are in office on the effective date of this bill.
Section 4 of this bill revises the style of ordinances of Carson City.
Under the existing Charter of Carson City, the Board of Supervisors must adopt or reject an ordinance, or amendment to an ordinance, within 45 days after the date of publication. (Carson City Charter § 2.110) Section 5 of this bill requires instead that the Board of Supervisors adopt or reject an ordinance, or amendment to an ordinance, within 60 days after the date of publication. Section 5 further amends the Charter to require that the ordinances must be signed, attested by the Clerk and published by title in a newspaper in Carson City not later than 14 days after the adoption.
The existing Charter of Carson City provides that if the Office of Mayor becomes vacant, the Mayor Pro Tempore shall serve as Mayor until the next general election. (Carson City Charter § 3.015) Section 6 of this bill provides that the Mayor Pro Tempore shall serve as Mayor for the unexpired term of the former incumbent. Section 3 of this bill makes a conforming change to clarify that the Mayor Pro Tempore fills a vacancy in the Office of Mayor.
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EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 1.060 of the Charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 313, Statutes of Nevada 1983, at page 756, is hereby amended to read as follows:
Sec. 1.060 Wards: Creation; boundaries.
1. Carson City must be divided into four wards . [, which] Each ward must be as nearly equal in population as can be conveniently provided, and the territory comprising each ward must be contiguous.
2. The boundaries of wards must be established and realigned, if necessary, by ordinance, passed by a vote of at least three-fifths of the Board of Supervisors.
3. [The] Except as otherwise provided in subsection 4, the Board shall realign [any such] the boundaries [on or before January 1 preceding the next general election at which Supervisors are to be elected, if reliable] of wards whenever:
(a) Reliable evidence indicates that the population in any ward exceeds the population in any other ward by more than 5 percent [. In any case, the Board shall reconsider the boundaries of the wards upon the receipt of the necessary information from] ; or
(b) The population in a ward exceeds the population in any other ward by more than 5 percent, as determined by the preceding national decennial census conducted by the Bureau of the Census of the United States Department of Commerce.
4. Except as otherwise provided in this subsection, the Board shall not realign the boundaries of wards in any year in which a general election is held during the period beginning 30 days immediately preceding the first day of filing a declaration of candidacy for nonjudicial office and ending on the date of the general election. The Board may realign the boundaries of wards during the period beginning 30 days immediately preceding the first day of filing a declaration of candidacy for nonjudicial office and ending on the first day of filing a declaration of candidacy for nonjudicial office if any circumstance made it impossible or impracticable for the Board to realign the boundaries of wards before the date that is 30 days immediately preceding the first day of filing a declaration of candidacy for nonjudicial office.
Sec. 2. Section 2.010 of the Charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 118, Statutes of Nevada 1985, at page 474, is hereby amended to read as follows:
Sec. 2.010 Board of Supervisors: Qualifications; election; term of office.
1. The legislative power of Carson City is vested in a Board of Supervisors consisting of five Supervisors, including the Mayor.
2. The Mayor must be:
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(a) An actual and bona fide resident of Carson City for at least 6 months immediately preceding his or her election.
(b) A qualified elector within Carson City.
3. Each Supervisor must be:
(a) An actual and bona fide resident of Carson City for at least 6 months immediately preceding his or her election.
(b) A qualified elector within the ward which he or she represents.
(c) A resident of the ward which he or she represents, except that changes effected in the boundaries of a ward pursuant to the provisions of section 1.060 do not affect the right of any elected Supervisor to continue in office for the term for which he or she was elected.
4. All Supervisors, including the Mayor, must be voted upon by the registered voters of Carson City at large and shall serve for terms of 4 years. Each term of office:
(a) Begins at midnight on the first Monday in January following the general election; and
(b) Ends at 11:59 p.m. on the day immediately preceding the first Monday in January following the general election.
Sec. 3. Section 2.030 of the Charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 515, Statutes of Nevada 1997, at page 2449, is hereby amended to read as follows:
Sec. 2.030 Board of Supervisors: Vacancies. Except as otherwise provided in section 3.015 and NRS 268.325:
1. A vacancy in the office of Supervisor must be filled by appointment by a majority of the members of the Board within 30 days after the occurrence of the vacancy or after three regular or special meetings, whichever is the shorter period of time. A person may be selected to fill a prospective vacancy in the Board before the vacancy occurs. In such a case, each member of the Board, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the Board pursuant to this section. The appointee must have the qualifications required by section 2.010.
2. No such appointment extends beyond the first Monday in January after the next general election, at which election a new Supervisor must be elected to fill the unexpired term.
Sec. 4. Section 2.100 of the Charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 296, is hereby amended to read as follows:
Sec. 2.100 Ordinances: Passage by bill; amendments; subject matter; title requirements.
1. No ordinance may be passed except by bill and by a majority vote of the whole Board of Supervisors. The style of all ordinances shall be as follows: The Board of Supervisors of Carson City [do] does ordain.
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2. No ordinance shall contain more than one subject, which shall be briefly indicated in the title. Where the subject of the ordinance is not so expressed in the title, the ordinance is void as to the matter not expressed in the title.
3. Any ordinance which amends an existing ordinance shall set out in full the ordinance or sections thereof to be amended, and shall indicate matter to be omitted by enclosing it in brackets and shall indicate new matter by underscoring or by italics.
Sec. 5. Section 2.110 of the Charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 118, Statutes of Nevada 1985, at page 475, is hereby amended to read as follows:
Sec. 2.110 Ordinances: Enactment procedure; emergency ordinances.
1. All proposed ordinances when first proposed must be read to the Board by title, after which an adequate number of copies of the proposed ordinance must be filed with the Clerk for public distribution. Except as otherwise provided in subsection 3, notice of the filing must be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS and published in Carson City at least 10 days before the adoption of the ordinance. The Board shall adopt or reject the ordinance or an amendment thereto, within [45] 60 days after the date of publication.
2. At a regular meeting or adjourned meeting of the Board following the proposal of an ordinance it must be read as first introduced, or as amended, and thereupon the proposed ordinance must be finally voted upon or action thereon postponed.
3. In cases of emergency or where the ordinance is of a kind specified in section 7.030, by unanimous consent of the Board, final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of copies of the proposed ordinance with the Clerk need be published.
4. All ordinances must be signed by the Mayor, attested by the Clerk and published by title, together with the names of the Supervisors voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS and published in Carson City for at least one publication, [before the ordinance becomes effective.] not later than 14 days after adoption of the ordinance. The Board may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.
5. The Clerk shall record all ordinances in a book kept for that purpose together with the affidavits of publication by the publisher.
Sec. 6. Section 3.015 of the Charter of Carson City, being chapter 690, Statutes of Nevada 1979, as last amended by chapter 238, Statutes of Nevada 2007, at page 815, is hereby amended to read as follows:
Sec. 3.015 Mayor Pro Tempore: Selection; duties. The Board shall elect one of its members, for such term as the Board determines, to be Mayor Pro Tempore. He or she shall:
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1. [Hold] Except as otherwise provided in subsection 3, hold the office and title at all times during the term for which he or she was elected without additional compensation.
2. Perform the duties of Mayor during the absence or disability of the Mayor.
3. [Act as] Assume the Office of Mayor [until the next general election] for the unexpired term of the former Mayor if the Office of Mayor becomes vacant. The resulting vacancy in the office of Supervisor must be filled as provided in section 2.030.
Sec. 7. NRS 244.030 is hereby amended to read as follows:
244.030 County commissioners shall enter upon their duties on the first Monday of January succeeding their election, and, except for 2-year terms established pursuant to NRS 244.018, shall hold their offices for 4 years as provided in this chapter; and except in Carson City, the term of office shall expire at 12 p.m. of the day preceding the first Monday in January following a general election.
Sec. 8. NRS 244.040 is hereby amended to read as follows:
244.040 1. Any vacancy occurring in any board of county commissioners must be filled by appointment of the Governor. Except in Carson City, the Governor shall appoint a suitable person who is a member of the same political party as the most recent holder of the vacant office.
2. [The] Except in Carson City, the term of office of a person appointed to the office of county commissioner does not, by virtue of the appointment, extend beyond 12 p.m. of the day preceding the first Monday of January next following the next general election.
Sec. 9. The provisions of section 2.010 of the Charter of Carson City, as amended by section 2 of this act, NRS 244.030, as amended by section 7 of this act, and NRS 244.040, as amended by section 8 of this act, apply to the terms of all Supervisors of Carson City, including the Mayor, who are in office on the effective date of this act.
Sec. 10. This act becomes effective upon passage and approval.
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