2023 Statutes of Nevada, Pages 359-466

[Rev. 3/13/2024 9:49:59 AM]

Link to Page 358

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CHAPTER 72, AB 118

Assembly Bill No. 118–Assemblyman Watts

Joint Sponsor: Senator Donate

CHAPTER 72

[Approved: May 30, 2023]

AN ACT relating to higher education; revising the term length and membership of the Board of Regents of the University of Nevada; revising the length of terms for members of the Board of Regents; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

The Nevada Constitution requires the Legislature to provide for: (1) the establishment of a State University controlled by a Board of Regents; and (2) the election of the Board of Regents of the University of Nevada. (Nev. Const. Art. 11, §§ 4, 7) Existing law establishes the number of members of the Board of Regents and the process by which such members are elected. (NRS 396.040) Section 1 of this bill reduces the number of members of the Board of Regents from 13 to 9. Additionally, section 1 reduces the length of terms of members from 6 years to 4 years, beginning with the 2028 election cycle. Section 2 of this bill staggers the initial terms of members of the Board of Regents following the reduction in membership and revises the length of terms of members elected at the general elections held in 2024 and 2026.

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 396.040 is hereby amended to read as follows:

396.040 1. The Board of Regents consists of [13] 9 members elected by the registered voters within the districts described in the shapefile adopted by NRS 396.047.

2. The members of the Board of Regents must be elected as follows:

(a) At the general election in [2002,] 2028, and every [6] 4 years thereafter, one member of the Board of Regents must be elected from districts [2, 3, 5] 1, 4, 6, 7 and [10.] 9.

(b) At the general election in [2004,] 2030, and every [6] 4 years thereafter, one member of the Board of Regents must be elected from districts [6, 7, 8, 11] 2, 3, 5 and [13.

(c) At the general election in 2006, and every 6 years thereafter, one member of the Board of Regents must be elected from districts 1, 4, 9 and 12.] 8.

3. Each member of the Board of Regents must be a resident of the district from which the member is elected.

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Sec. 2. 1. Notwithstanding the provisions of NRS 396.040, the terms of the members of the Board of Regents of the University of Nevada who are incumbent on January 2, 2029, expire on that date.

2. Four members of the Board of Regents from districts 1, 4, 9 and 12 must be selected at the general election held on November 5, 2024, and take office on January 7, 2025. The terms of the members elected pursuant to this subsection expire on January 2, 2029.

3. Four members of the Board of Regents from districts 2, 3, 5 and 10 must be selected at the general election held on November 3, 2026, and take office on January 5, 2027. The terms of the members elected pursuant to this subsection expire on January 2, 2029.

4. Four members of the Board of Regents from districts 2, 3, 5 and 8 must be selected at the general election held on November 7, 2028, and take office on January 2, 2029. The terms of the members elected pursuant to this subsection expire on January 7, 2031.

5. Five members of the Board of Regents from districts 1, 4, 6, 7 and 9 must be selected at the general election held on November 7, 2028, and take office on January 2, 2029. The terms of the members elected pursuant to this subsection expire on January 4, 2033.

Sec. 3. 1. This section and section 2 of this act become effective upon passage and approval.

2. Section 1 of this act becomes effective on January 1, 2028, for the purpose of filing for office and for nominating and electing members of the Board of Regents of the University of Nevada, and on January 2, 2029, for all other purposes.

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ê2023 Statutes of Nevada, Page 361ê

CHAPTER 73, AB 126

Assembly Bill No. 126–Assemblyman Nguyen

Joint Sponsor: Senator Nguyen

CHAPTER 73

[Approved: May 30, 2023]

AN ACT relating to business entities; authorizing certain business entities to correct an erroneously filed record with the Office of the Secretary of State; clarifying provisions concerning certain records required to be kept by certain business entities; clarifying provisions relating to certain actions available to a board of directors of a corporation; establishing the circumstances under which a corporation may decrease the number of certain issued and outstanding shares without a vote of the stockholders; revising provisions related to stock certificates; revising provisions governing restrictions on transfers of stock; authorizing a board of directors to require a confidentiality agreement with certain persons; revising the definition of the term “acquisition” for certain purposes; establishing the circumstances under which a corporation may change the name of the corporation without a vote of the stockholders; revising provisions governing the restatement of articles of incorporation; revising various definitions relating to dissenter’s rights; making various other changes relating to business entities; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law authorizes a corporation to correct certain inaccurate or defective records filed with the Secretary of the State. (NRS 78.0295) Section 1 of this bill additionally authorizes a corporation to correct a record filed with the Secretary of State if the record is filed erroneously. Sections 16.5-24 of this bill authorize certain other business entities to correct records filed with the Secretary of State under the same circumstances as corporations.

Existing law requires a private corporation to keep certain records and make such records available for inspection upon the demand of certain persons. (NRS 78.105, 78.257) Sections 2 and 3 of this bill clarify the content of the affidavit required to be submitted with a demand to inspect such records. Section 8 of this bill authorizes the board of directors of a corporation to require a confidentiality agreement with a stockholder or other person who submits a demand to inspect the books of account or financial statements of the corporation.

Sections 4, 9, 10 and 14 of this bill clarify the actions available to a board of directors with respect to the adoption or signing of plans, arrangements or instruments and protecting the interests of the corporation and its stockholders.

Section 5 of this bill authorizes a publicly traded corporation, with the approval of certain stockholders, to decrease the number of issued and outstanding shares of a class or series.

Existing law authorizes the board of directors of a corporation to issue certain uncertificated shares to stockholders. Existing law also requires the corporation to send to each stockholder to whom it issues an uncertificated share: (1) a written statement containing certain information; and (2) an annual statement confirming the information contained in the statement previously issued. (NRS 78.235) Section 6 of this bill replaces the requirement that the corporation send such an annual statement with the requirement that the corporation send a confirming statement within 10 days after receiving a written request from a stockholder of such shares.

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Section 7 of this bill revises provisions governing permissible restrictions on the transfer of shares of a corporation by clarifying the manner in which a transferee may be presumed to have knowledge of the restriction.

Section 11 of this bill adds an exception providing that an “acquisition” of a controlling interest in an issuing corporation does not include any acquisition of shares listed on a national securities exchange pursuant to a tender offer.

Existing law provides for an effective date of certain documents filed with the Secretary of State. (NRS 78.390) Section 12 of this bill provides for a time at which such documents become effective. Section 12 also authorizes the board of directors to change the name of a corporation without the approval of the stockholders, unless the articles of incorporation require such approval.

Section 13 of this bill clarifies that certain certificates of designation may be omitted from restated articles of incorporation.

Sections 15 and 29 of this bill make technical corrections to certain provisions by adding appropriate references to certain statutes to clarify that certain provisions of existing law are applicable to certain business entities.

Sections 25-28, 30 and 31 of this bill repeal, reenact and reorganize the definitions of “advance notice statement” and “statement of intent” for the purposes of certain provisions relating to dissenters’ rights.

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 78.0295 is hereby amended to read as follows:

78.0295 1. A corporation may correct a record filed in the Office of the Secretary of State with respect to the corporation if the record contains an inaccurate description of a corporate action or if the record was defectively signed, attested, sealed, verified or acknowledged [.] , including, without limitation, if the record was filed erroneously.

2. To correct a record, the corporation must:

(a) Prepare a certificate of correction which:

(1) States the name of the corporation;

(2) Describes the record, including, without limitation, its filing date;

(3) Specifies the inaccuracy or defect [;] in the record, including, without limitation, if and to the extent applicable, the error in the filing of the record;

(4) Sets forth [the inaccurate or defective portion of the record in an accurate or corrected form;] such information as is necessary so as to clarify or otherwise remedy the inaccuracy or defect; and

(5) Is signed by an officer of the corporation or, if no stock has been issued by the corporation, by the incorporator or a director of the corporation, or by some other person specifically authorized by the corporation to sign the certificate.

(b) Deliver the certificate to the Secretary of State for filing.

3. A certificate of correction is effective on the effective date of the record it corrects except as to persons relying on the uncorrected record and adversely affected by the correction. As to those persons, the certificate is effective when filed.

4. If a corporation has made a filing with the Secretary of State and the Secretary of State has not processed the filing and placed the filing into the public record, the corporation may cancel the filing by:

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(a) Filing a statement of cancellation with the Secretary of State; and

(b) Paying the required fee pursuant to subsection 7 of NRS 78.785.

Sec. 2. NRS 78.105 is hereby amended to read as follows:

78.105 1. A corporation shall keep a copy of the following records at its principal office or with its custodian of records whose name and street address are available at the corporation’s registered office:

(a) A copy certified by the Secretary of State of its articles of incorporation, and all amendments thereto;

(b) A copy certified by an officer of the corporation of its bylaws and all amendments thereto; and

(c) A stock ledger or a duplicate stock ledger, revised annually not later than 60 days after the date by which an annual list is required to be filed pursuant to NRS 78.150, containing only the names, alphabetically arranged, of all persons who are stockholders of record of the corporation, showing their places of residence, if known, and the number of shares held by them respectively. A corporation is not required to keep a list of any person who is a beneficial owner of any shares who is not simultaneously the stockholder of record of such shares, or any other information concerning any person having an interest in the corporation, except for the stock ledger or duplicate stock ledger required by this paragraph. Absent manifest error or actual fraud, the stock ledger of the corporation, as maintained by the corporation or its designated transfer agent, shall conclusively determine the stockholders of record of the corporation.

2. Any person who has been a stockholder of record of a corporation for at least 6 months immediately preceding the demand, or any person holding, or thereunto authorized in writing by the holders of, at least 5 percent of all of its outstanding shares, upon at least 5 days’ written demand, including the affidavit required pursuant to subsection 4, is entitled to inspect in person or by agent or attorney, during usual business hours, the records required by subsection 1 and make copies therefrom. Holders of voting trust certificates representing shares of the corporation must be regarded as stockholders for the purpose of this subsection. Every corporation that neglects or refuses to keep the records required by subsection 1 open for inspection, as required in this subsection, shall forfeit to the State the sum of $25 for every day of such neglect or refusal.

3. If the records required by subsection 1 are not made available for inspection at a location within this State pursuant to a proper demand made pursuant to subsection 2, the stockholder or other person demanding the inspection may serve a demand upon the corporation’s registered agent that the records to be inspected be sent to the demanding stockholder or other person or the agent or attorney thereof. Upon such a demand, the corporation shall send copies of the requested records required by subsection 1, either in paper or electronic form, to the stockholder, other person, agent or attorney entitled to inspect the requested records within 10 business days after service of the demand upon the registered agent.

4. Together with the written demand required pursuant to subsection 2, a stockholder or other person who wishes to inspect the records required by subsection 1 or make copies therefrom shall furnish an affidavit to the corporation stating that the inspection is not desired for a purpose which is in the interest of a business or object other than the business of the corporation and that the stockholder or other person has not at any time sold or offered for sale any list of stockholders of any domestic or foreign corporation or aided or abetted any person in procuring any such record of stockholders for any such [purpose.]

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aided or abetted any person in procuring any such record of stockholders for any such [purpose.] sale or offer for sale.

5. If any corporation willfully neglects or refuses to make any proper entry in the stock ledger or duplicate copy thereof, or neglects or refuses to permit an inspection of the records required by subsection 1 upon demand by a person entitled to inspect them, or refuses to permit copies to be made therefrom, as provided in subsection 2, the corporation is liable to the person injured for all damages resulting to the person therefrom.

6. In every instance where an attorney or other agent of the stockholder seeks the right of inspection, the demand must be accompanied by a power of attorney signed by the stockholder authorizing the attorney or other agent to inspect on behalf of the stockholder.

7. The right to copy records under subsection 2 includes, if reasonable, the right to make copies by photographic, xerographic or other means.

8. The corporation may impose a reasonable charge to recover the costs of labor and materials and the cost of copies of any records provided to the stockholder.

Sec. 3. NRS 78.107 is hereby amended to read as follows:

78.107 1. An inspection authorized by NRS 78.105 may be denied to a stockholder or other person upon the refusal of the stockholder or other person to furnish to the corporation the affidavit required pursuant to subsection 4 of NRS 78.105.

2. It is a defense to any action for penalties or damages under NRS 78.105 that the person suing has at any time sold, or offered for sale, any list of stockholders of the corporation, or any other corporation, or has aided or abetted any person in procuring any such stock list for any such [purpose,] sale or offer for sale, or that the person suing desired inspection for a purpose which is in the interest of a business or object other than the business of the corporation.

3. This section does not impair the power or jurisdiction of any court to compel the production for examination of the records required by subsection 1 of NRS 78.105 in any proper case. This subsection does not authorize or establish any right of inspection or examination independent from the right of inspection or examination authorized by NRS 78.105.

Sec. 4. NRS 78.195 is hereby amended to read as follows:

78.195 1. If a corporation desires to have more than one class or series of stock, the articles of incorporation must prescribe, or vest authority in the board of directors to prescribe, the classes, series and the number of each class or series of stock and the voting powers, designations, preferences, limitations, restrictions and relative rights of each class or series of stock. If more than one class or series of stock is authorized, the articles of incorporation or the resolution of the board of directors adopted pursuant to a provision of the articles must prescribe a distinguishing designation for each class and series. The voting powers, designations, preferences, limitations, restrictions, relative rights and distinguishing designation of each class or series of stock must be described in the articles of incorporation or the resolution of the board of directors and the certificate of designation filed pursuant to subsection 1 of NRS 78.1955 before the issuance of shares of that class or series.

2. All shares of a class or series must have voting powers, designations, preferences, limitations, restrictions and relative rights identical with those of other shares of the same class or series and, except to the extent otherwise provided in the description of the series, with those of other series of the same class.

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3. Unless otherwise provided in the articles of incorporation, no stock issued as fully paid up may ever be assessed and the articles of incorporation must not be amended in this particular.

4. The voting powers, designations, preferences, limitations, restrictions and relative rights for the shares of a class or series of stock may be made dependent upon any fact or event which may be ascertained outside the articles of incorporation if the manner in which a fact or event may operate upon the voting powers, designations, preferences, limitations, restrictions and relative rights is stated in the articles of incorporation. As used in this subsection, “fact or event” includes, without limitation, the existence of a fact or occurrence of an event, including, without limitation, a determination or action by a person, the corporation itself or any government, governmental agency or political subdivision of a government.

5. [The] Without limiting the provisions of NRS 78.138 or 78.139, the provisions of this section do not restrict the directors of a corporation from taking action not in circumvention or contravention of this title to protect the long-term or short-term interests of the corporation [and its] or the long-term or short-term interests of the corporation’s stockholders, including, but not limited to, adopting or signing plans, arrangements or instruments that issue, grant or deny rights [, privileges, power or authority] or options pursuant to NRS 78.200 to a holder or holders of a specified number of shares or percentage of share ownership or voting power [.] , for the purpose or having the effect of granting or denying rights, privileges, power or authority to any such holder or holders.

Sec. 5. NRS 78.2055 is hereby amended to read as follows:

78.2055 1. Unless otherwise provided in the articles of incorporation, a corporation that desires to decrease the number of issued and outstanding shares of a class or series held by each stockholder of record at the effective date and time of the change without correspondingly decreasing the number of authorized shares of the same class or series may do so if:

(a) The board of directors adopts a resolution setting forth the proposal to decrease the number of issued and outstanding shares of a class or series; and

(b) [The] If the corporation is:

(1) A publicly traded corporation, the proposal is approved by the stockholders of the affected class or series, regardless of limitations or restrictions on the voting power of the affected class or series; or

(2) Not a publicly traded corporation, the proposal is approved by the vote of stockholders holding a majority of the voting power of the affected class or series, or such greater proportion as may be provided in the articles of incorporation, regardless of limitations or restrictions on the voting power of the affected class or series.

2. If the proposal required by subsection 1 is approved by the stockholders entitled to vote, the corporation may reissue its stock in accordance with the proposal after the effective date and time of the change.

3. Except as otherwise provided in this subsection, if a proposed decrease in the number of issued and outstanding shares of any class or series would adversely alter or change any preference, or any relative or other right given to any other class or series of outstanding shares, then the decrease must be approved by the vote, in addition to any vote otherwise required, of the holders of shares representing a majority of the voting power of each class or series whose preference or rights are adversely affected by the decrease, or such greater proportion as may be provided in the articles of incorporation, regardless of limitations or restrictions on the voting power of the adversely affected class or series.

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the adversely affected class or series. The decrease does not have to be approved by the vote of the holders of shares representing a majority of the voting power of each class or series whose preference or rights are adversely affected by the decrease if the articles of incorporation specifically deny the right to vote on such a decrease.

4. If any proposed corporate action pursuant to this section would result in only money being paid or scrip being issued to stockholders who:

(a) Before the decrease in the number of shares becomes effective, in the aggregate hold 1 percent or more of the outstanding shares of the affected class or series; and

(b) Would otherwise be entitled to receive a fraction of a share in exchange for the cancellation of all their outstanding shares,

Ê any stockholder who is obligated, as a result of the corporate action taken pursuant to this section, to accept money or scrip rather than receive a fraction of a share in exchange for the cancellation of all the stockholder’s outstanding shares, may dissent in accordance with the provisions of NRS 92A.300 to 92A.500, inclusive, and sections 26 and 27 of this act and obtain payment of the fair value of the fraction of a share to which the stockholder would otherwise be entitled.

Sec. 6. NRS 78.235 is hereby amended to read as follows:

78.235 1. Except as otherwise provided in subsection 4, every stockholder is entitled to have a certificate, signed by officers or agents designated by the corporation for the purpose, certifying the number of shares in the corporation owned by the stockholder. A corporation has no power to issue a certificate in bearer form, and any such certificate that is issued is void and of no force or effect.

2. Whenever any certificate is countersigned or otherwise authenticated by a transfer agent or transfer clerk, and by a registrar, then a facsimile of the signatures of the officers or agents, the transfer agent or transfer clerk or the registrar of the corporation may be printed or lithographed upon the certificate in lieu of the actual signatures. If a corporation uses facsimile signatures of its officers and agents on its stock certificates, it cannot act as registrar of its own stock, but its transfer agent and registrar may be identical if the institution acting in those dual capacities countersigns or otherwise authenticates any stock certificates in both capacities.

3. If any officer or officers who have signed, or whose facsimile signature or signatures have been used on, any certificate or certificates for stock cease to be an officer or officers of the corporation, whether because of death, resignation or other reason, before the certificate or certificates have been delivered by the corporation, the certificate or certificates may nevertheless be adopted by the corporation and be issued and delivered as though the person or persons who signed the certificate or certificates, or whose facsimile signature or signatures have been used thereon, had not ceased to be an officer or officers of the corporation.

4. Unless otherwise provided in the articles of incorporation or bylaws, the board of directors may authorize the issuance of uncertificated shares of some or all of the shares of any or all of its classes or series. The issuance of uncertificated shares has no effect on existing certificates for shares until surrendered to the corporation, or on the respective rights and obligations of the stockholders. Unless otherwise provided by a specific statute, the rights and obligations of stockholders are identical whether or not their shares of stock are represented by certificates.

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5. Within a reasonable time after the issuance of uncertificated shares or the transfer of uncertificated shares [without certificates,] on the books of the corporation, the corporation shall send the stockholder of record a written statement containing the information that otherwise would be required on the certificates for such shares pursuant to subsection 1. [At least annually thereafter,] Within 10 days after receipt of a written request from a stockholder of record, the corporation shall [provide to its stockholders] send the stockholder of record [,] a written statement confirming the information contained in the informational statement previously sent to the stockholder of record pursuant to this subsection.

6. Unless otherwise provided in the articles of incorporation or bylaws, a corporation may issue a new certificate of stock or, if authorized by the board of directors pursuant to subsection 4, uncertificated shares in place of a certificate previously issued by it and alleged to have been lost, stolen or destroyed. A corporation may require an owner or legal representative of an owner of a lost, stolen or destroyed certificate to give the corporation a bond or other security sufficient to indemnify it against any claim that may be made against it for the alleged loss, theft or destruction of a certificate, or the issuance of a new certificate or uncertificated shares.

Sec. 7. NRS 78.242 is hereby amended to read as follows:

78.242 1. Subject to the limitation imposed by NRS 104.8204, a written restriction on the transfer or registration of transfer of the stock of a corporation, if permitted by this section, may be enforced against the holder of the restricted stock or any successor or transferee of the holder, including an executor, administrator, trustee, guardian or other fiduciary entrusted with like responsibility for the person or estate of the holder.

2. A restriction on the transfer or registration of transfer of the stock of a corporation, or on the amount of a corporation’s stock that may be owned by a person or group of persons, may be imposed by the articles of incorporation or by the bylaws or by an agreement among any number of stockholders or between or among one or more stockholders and the corporation. No restriction so imposed is binding upon any stockholder with respect to the shares of stock owned by such stockholder at the time the restriction is adopted, regardless of any later effective time of such restriction, unless such stockholder is a party to the agreement or voted in favor of the restriction.

3. A restriction on the transfer or the registration of transfer of shares is valid and enforceable against [the] a transferee of the [stockholder] shares if the restriction is not prohibited by other law and [its] :

(a) The restriction is set forth in the articles of incorporation;

(b) The existence of the restriction is noted conspicuously on the front or back of the stock certificate or is contained in the statement of information required by NRS 78.235 [. Unless so noted, a restriction is not enforceable against a person without] ; or

4. A restriction on the transfer or registration of transfer of the stock of a corporation or on the amount of such stock that may be owned by any person or group of persons is permitted, without limitation by this enumeration, if it:

(a) Obligates the stockholder first to offer to the corporation or to any other stockholder or stockholders of the corporation or to any other person or persons or to any combination of the foregoing a prior opportunity, to be exercised within a reasonable time, to acquire the stock;

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persons or to any combination of the foregoing a prior opportunity, to be exercised within a reasonable time, to acquire the stock;

(b) Obligates the corporation or any stockholder of the corporation or any other person or any combination of the foregoing to purchase stock which is the subject of an agreement respecting the purchase and sale of the stock;

(1) Consent to any proposed transfer of the stock;

(2) Approve the proposed transferee of stock; or

(3) Approve the amount of stock of the corporation proposed to be acquired by any person or group of persons;

(d) Prohibits or restricts the transfer of the stock to, or the ownership of stock by, designated persons or classes of persons, and such designation is not manifestly unreasonable; or

(e) Prohibits or restricts the transfer or registration of transfer of the stock or the amount of stock of a corporation that may be owned by a person or group of persons, for any of the following purposes:

(1) To maintain the corporation’s status when it is dependent on the number or identity of its stockholders, including, without limitation, the corporation’s status as an electing small business corporation under subchapter S of chapter 1 of subtitle A of the United States Internal Revenue Code, 26 U.S.C. §§ 1371 et seq., as amended, or any successor provision;

(2) To maintain or preserve the corporation’s status or exemptions under federal or state laws governing taxes or securities, including, without limitation, the qualification of the corporation as a real estate investment trust pursuant to 26 U.S.C. §§ 856 et seq., as amended, or any successor provision, and any regulations adopted pursuant thereto;

(3) To maintain or preserve any other local, state, federal or foreign tax advantage to, or attribute of, the corporation or its stockholders, including, without limitation, net operating losses;

(4) To maintain any statutory or regulatory advantage or to comply with any statutory or regulatory requirements under applicable local, state, federal or foreign law; or

(5) For any other reasonable purpose.

5. For the purposes of this section, “stock” includes a security convertible into or carrying an option or other right to subscribe for or to acquire stock.

Sec. 8. NRS 78.257 is hereby amended to read as follows:

78.257 1. Any person who has been a stockholder of record of any corporation and owns not less than 15 percent of all of the issued and outstanding shares of the stock of such corporation or has been authorized in writing by the holders of at least 15 percent of all its issued and outstanding shares, upon at least 5 days’ written demand, including the affidavit and confidentiality agreement, if applicable, required pursuant to subsection 2, is entitled to inspect in person or by agent or attorney, during normal business hours, the books of account and [all] financial [records] statements of the corporation, to make copies [of records,] thereof, and to conduct an audit [of such records.] thereof. Holders of voting trust certificates representing 15 percent of the issued and outstanding shares of the corporation are regarded as stockholders for the purpose of this subsection. The right of stockholders to inspect the [corporate records] books of account and financial statements of the corporation in accordance with this section may not be limited in the articles or bylaws of any corporation.

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2. Together with the written demand required pursuant to subsection 1, a person who wishes to exercise the rights set forth in subsection 1 shall furnish an affidavit to the corporation stating that the inspection, copies or audit is not desired for any purpose not related to his or her interest as a stockholder. As a condition to the rights authorized by subsection 1, the board of directors may require the stockholder and each other person exercising rights set forth in subsection 1 to enter into and comply with a confidentiality agreement having such terms and scope as are reasonably related to protecting the legitimate interests of the corporation.

3. All costs for making copies [of records] or conducting an audit pursuant to this section must be borne by the person exercising the rights set forth in subsection 1.

4. The rights authorized by subsection 1 may be denied [to any stockholder upon] if the affidavit or confidentiality agreement required pursuant to subsection 2 is not furnished to the corporation, or if the stockholder or other person exercising rights set forth in subsection 1 at any time has used or attempted to use, or uses, attempts or threatens to use, any information obtained from the corporation pursuant to this section for any purpose not related to the stockholder’s [refusal to furnish] interest in the corporation [an affidavit required pursuant to subsection 2.] as a stockholder, or if the stockholder or other person exercising rights set forth in subsection 1 at any time, and in any capacity, has used or attempted to use, or uses, attempts or threatens to use, any information obtained from the corporation pursuant to this section or otherwise for any improper purpose. Any stockholder or other person [,] exercising rights set forth in subsection 1 [,] who uses or attempts to use information [, records or other data] obtained from the corporation [,] pursuant to this section for any purpose not related to the stockholder’s interest in the corporation as a stockholder [,] is guilty of a gross misdemeanor.

5. If any officer or agent of any corporation keeping [records] books of account and financial statements in this State knowingly and willfully [neglects or] refuses to permit an inspection of [the] such books of account and financial [records] statements upon demand by a person entitled to inspect them, or knowingly and willfully refuses to permit an audit of such books of account and financial statements to be conducted by such a person, as provided in subsection 1, the corporation shall forfeit to the State the sum of $100 for every day of such [neglect or] refusal, and the corporation [, officer or agent thereof is jointly and severally] is liable to the person injured for all damages directly resulting to the person [.] from such refusal.

6. A stockholder who brings an action or proceeding to enforce any right set forth in this section or to recover damages resulting from its denial:

(a) Is entitled to costs and reasonable attorney’s fees, if the stockholder prevails; or

(b) Is liable for such costs and fees, if the stockholder does not prevail,

Ê in the action or proceeding.

7. Except as otherwise provided in this subsection, the provisions of this section do not apply to any corporation that furnishes to its stockholders a detailed, annual financial statement or any corporation that has filed during the preceding 12 months all reports required to be filed pursuant to section 13 or section 15(d) of the Securities Exchange Act, 15 U.S.C. §§ 78m or 78o(d). A person who owns, or is authorized in writing by the owners of, at least 15 percent of the issued and outstanding shares of the stock of a corporation that has elected to be governed by subchapter S of the Internal Revenue Code and whose shares are not listed or traded on any recognized stock exchange is entitled to inspect the books of the corporation pursuant to subsection 1 and has the rights, duties and liabilities provided in subsections 2 to 6, inclusive.

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whose shares are not listed or traded on any recognized stock exchange is entitled to inspect the books of the corporation pursuant to subsection 1 and has the rights, duties and liabilities provided in subsections 2 to 6, inclusive.

Sec. 9. NRS 78.350 is hereby amended to read as follows:

78.350 1. Unless otherwise provided in the articles of incorporation, or in the certificate of designation establishing the class or series of stock, every stockholder of record of a corporation is entitled at each meeting of stockholders thereof to one vote for each share of stock standing in his or her name on the records of the corporation. If the articles of incorporation, or the certificate of designation establishing the class or series of stock provides for more or less than one vote per share for any class or series of shares on any matter, every reference in this chapter to a majority or other proportion of stock shall be deemed to refer to a majority or other proportion of the voting power of all of the shares or those classes or series of shares, as may be required by the articles of incorporation, or in the certificate of designation establishing the class or series of stock or the provisions of this chapter.

2. Unless a period of more than 60 days or a period of less than 10 days is prescribed or fixed in the articles of incorporation, the board of directors may prescribe a period not exceeding 60 days before any meeting of the stockholders during which no transfer of stock on the books of the corporation may be made, or may fix a record date not more than 60 or less than 10 days before the date of any such meeting as the date as of which stockholders entitled to notice of and to vote at such meetings must be determined.

3. If a record date for a meeting of stockholders is fixed by the board of directors:

(a) The record date:

(1) Must be so fixed pursuant to a resolution adopted by the board of directors; and

(2) Must not precede the day on which the resolution is adopted by the board of directors, regardless of the effective date of the resolution.

(b) Only stockholders of record on the record date are entitled to notice of or to vote at the meeting.

4. If a record date for a meeting of stockholders is not fixed by the board of directors, the record date is at the close of business on the day before the day on which the first notice is given or, if notice is waived, at the close of business on the day before the meeting is held.

5. A determination of stockholders of record entitled to notice of or to vote at a meeting of stockholders applies to any adjournment or postponement of the meeting unless the board of directors fixes a new record date for the adjourned or postponed meeting. The board of directors must fix a new record date if the meeting is adjourned or postponed to a date more than 60 days later than the meeting date set for the original meeting.

6. The board of directors may adopt a resolution prescribing a date upon which the stockholders of record entitled to give written consent pursuant to NRS 78.320 must be determined. The date prescribed by the board of directors may not precede or be more than 10 days after the day on which the resolution is adopted by the board of directors, regardless of the effective date of the resolution.

7. If the board of directors does not adopt a resolution prescribing a date upon which the stockholders of record entitled to give written consent pursuant to NRS 78.320 must be determined and:

(a) No prior action by the board of directors is required by this chapter or chapter 92A of NRS before the matter is submitted for consideration by the stockholders, the date is the first date on which any stockholder delivers to the corporation such consent signed by the stockholder.

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stockholders, the date is the first date on which any stockholder delivers to the corporation such consent signed by the stockholder.

(b) Prior action by the board of directors is required by this chapter or chapter 92A of NRS before the matter is submitted for consideration by the stockholders, the date is at the close of business on the day the board of directors adopts the resolution.

8. [The] Without limiting the provisions of NRS 78.138 or 78.139, the provisions of this section do not restrict the directors of a corporation from taking action not in circumvention or contravention of this title to protect the long-term or short-term interests of the corporation [and its] or the long-term or short-term interests of the corporation’s stockholders, including, but not limited to, adopting or signing plans, arrangements or instruments that issue, grant or deny rights [, privileges, power or authority] or options pursuant to NRS 78.200 to a holder or holders of a specified number of shares or percentage of share ownership or voting power [.] , for the purpose or having the effect of granting or denying rights, privileges, power or authority to any such holder or holders.

Sec. 10. NRS 78.378 is hereby amended to read as follows:

78.378 1. The provisions of NRS 78.378 to 78.3793, inclusive, apply to any acquisition of a controlling interest in an issuing corporation unless the articles of incorporation or bylaws of the corporation in effect on the 10th day following the acquisition of a controlling interest by an acquiring person provide that the provisions of those sections do not apply to the corporation or to an acquisition of a controlling interest specifically by types of existing or future stockholders, whether or not identified.

2. The articles of incorporation, the bylaws or a resolution adopted by the directors of the issuing corporation may impose stricter requirements on the acquisition of a controlling interest in the corporation than the provisions of NRS 78.378 to 78.3793, inclusive.

3. [The] Without limiting the provisions of NRS 78.138 or 78.139, the provisions of NRS 78.378 to 78.3793, inclusive, do not restrict the directors of an issuing corporation from taking action not in circumvention or contravention of this title to protect the long-term or short-term interests of the corporation [and its] or the long-term or short-term interests of the corporation’s stockholders, including, but not limited to, adopting or signing plans, arrangements or instruments that issue, grant or deny rights [, privileges, power or authority] or options pursuant to NRS 78.200 to a holder or holders of a specified number of shares or percentage of share ownership or voting power [.] , for the purpose of having the effect of granting or denying rights, privileges, power or authority to any such holder or holders.

Sec. 11. NRS 78.3783 is hereby amended to read as follows:

78.3783 1. Except as otherwise provided in [subsection] subsections 2 [,] and 3, “acquisition” means the direct or indirect acquisition of a controlling interest.

2. “Acquisition” does not include any acquisition of shares in good faith, and without an intent to avoid the requirements of NRS 78.378 to 78.3793, inclusive:

(a) By an acquiring person authorized pursuant to NRS 78.378 to 78.3793, inclusive, to exercise voting rights, to the extent that the new acquisition does not result in the acquiring person obtaining a controlling interest greater than that previously authorized; or

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(b) Pursuant to:

(1) The laws of descent and distribution;

(2) The enforcement of a judgment;

(3) The satisfaction of a pledge or other security interest; or

(4) A merger, exchange, conversion, domestication or reorganization effected in compliance with the provisions of NRS 78.622, 92A.200 to 92A.240, inclusive, or 92A.270 to which the issuing corporation is a party.

3. “Acquisition” does not include any acquisition of shares listed on a national securities exchange pursuant to a tender offer under section 14(d) of the Securities Exchange Act, 15 U.S.C. § 78n(d), which shares collectively, absent the provisions of NRS 78.378 to 78.3793, inclusive, would be entitled to exercise a majority of the voting power.

Sec. 12. NRS 78.390 is hereby amended to read as follows:

78.390 1. Except as otherwise provided in subsection 8 or in NRS 77.340 or 78.209 or chapter 92A of NRS, every amendment to the articles of incorporation must be made in the following manner:

(a) The board of directors must adopt a resolution setting forth the amendment proposed and submit the proposed amendment to the stockholders for approval.

(b) If stockholders holding shares in the corporation representing at least a majority of the voting power, or such greater proportion of the voting power as may be required in the case of a vote by classes or series, as provided in subsections 2 and 4, or as may be required by the provisions of the articles of incorporation, have approved the amendment, an officer of the corporation shall sign a certificate setting forth the amendment, or setting forth the articles of incorporation as amended, and the vote by which the amendment was adopted.

2. Except as otherwise provided in this subsection, if any proposed amendment would adversely alter or change any preference or any relative or other right given to any class or series of outstanding shares, then, in addition to any approval otherwise required, the amendment must be approved by the holders of shares representing a majority of the voting power of each class or series adversely affected by the amendment regardless of limitations or restrictions on the voting power thereof. The amendment does not have to be approved by the holders of shares representing a majority of the voting power of each class or series whose preference or rights are adversely affected by the amendment if the articles of incorporation specifically deny the right to vote on such an amendment.

3. Provision may be made in the articles of incorporation requiring, in the case of any specified amendments, approval by a larger proportion of the voting power of stockholders than that required by this section.

4. Different series of the same class of shares do not constitute different classes of shares for the purpose of voting by classes except when the series is adversely affected by an amendment in a different manner than other series of the same class.

5. The [resolution of the stockholders approving the proposed amendment may provide that at any time before the effective date of the amendment, notwithstanding approval of the proposed amendment by the stockholders, the] board of directors may, by resolution, abandon the proposed amendment without further action by the stockholders [.] if the resolution of the stockholders approving the proposed amendment authorizes the board of directors to do so. The board of directors may, by resolution, abandon a proposed amendment pursuant to subsection 8 without any action by the stockholders.

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resolution, abandon a proposed amendment pursuant to subsection 8 without any action by the stockholders.

6. A certificate filed pursuant to subsection 1 is effective at the time of the filing of the certificate with the Secretary of State or upon a later date and time as specified in the certificate, which date must not be more than 90 days after the date on which the certificate is filed. If a certificate filed pursuant to subsection 1 specifies a later effective date but does not specify an effective time, the certificate is effective at 12:01 a.m. in the Pacific time zone on the specified later date.

7. If a certificate filed pursuant to subsection 1 specifies a later effective date or time and if [the resolution of the stockholders approving the proposed amendment provides that] the board of directors [may] is authorized to abandon the proposed amendment pursuant to subsection 5, the board of directors may terminate the effectiveness of the certificate by resolution and by filing a certificate of termination with the Secretary of State that:

(a) Is filed before the effective [date specified in] time of the certificate filed with the Secretary of State pursuant to subsection 1;

(b) Identifies the certificate being terminated;

(c) States that [, pursuant to the resolution of the stockholders,] the board of directors is authorized to terminate the effectiveness of the certificate;

(d) States that the effectiveness of the certificate has been terminated;

(e) Is signed by an officer of the corporation; and

(f) Is accompanied by a filing fee of $175.

8. No action by the stockholders is required if the proposed amendment to the articles of incorporation consists only of a change in the name of the corporation. The articles of incorporation may forbid a corporation from amending the articles of incorporation pursuant to this subsection without stockholder approval.

Sec. 13. NRS 78.403 is hereby amended to read as follows:

78.403 1. A corporation may restate, or amend and restate, in a single certificate the entire text of its articles of incorporation as amended by filing with the Secretary of State a certificate in the manner provided in this section. If the certificate alters or amends the articles in any manner, it must comply with the provisions of NRS 78.380, 78.385 and 78.390, as applicable. An omission permitted by subsection 3 does not constitute an alteration or amendment to the articles for purposes of this section.

2. If the certificate does not alter or amend the articles, it must be signed by an officer of the corporation and state that the officer has been authorized to sign the certificate by resolution of the board of directors adopted on the date stated, and that the certificate correctly sets forth the text of the articles of incorporation as amended to the date of the certificate.

3. The following may be omitted from [the] restated articles:

(a) The names, addresses, signatures and acknowledgments of the incorporators;

(b) The names and addresses of the members of the past and present boards of directors; [and]

(d) The text of any certificate of designation filed pursuant to NRS 78.1955, including any amendments thereto, but only if the existence of each such certificate of designation not withdrawn prior to such restatement is expressly noted within the text of the restated articles. The effectiveness of any such certificate of designation or any amendment thereto is not affected by its omission from restated articles pursuant to this subsection.

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4. Whenever a corporation is required to file a certified copy of its articles, in lieu thereof it may file a certified copy of the most recent certificate restating its articles as amended, subject to the provisions of subsection 2, together with certified copies of all certificates of amendment filed subsequent to the restated articles and certified copies of [all] any effective certificates [supplementary to] of designation or amendments thereto omitted from the [original] restated articles [.] pursuant to subsection 3.

5. A certificate filed pursuant to this section is effective at the time of the filing of the certificate with the Secretary of State or upon a later date and time as specified in the certificate, which date must not be more than 90 days after the date on which the certificate is filed. If a certificate filed pursuant to this section specifies a later effective date but does not specify an effective time, the certificate is effective at 12:01 a.m. in the Pacific time zone on the specified later date.

Sec. 14. NRS 78.433 is hereby amended to read as follows:

78.433 1. NRS 78.411 to 78.444, inclusive, do not apply to any combination of a resident domestic corporation:

(a) Which was not, as of the date that the person first becomes an interested stockholder, a publicly traded corporation, unless the corporation’s articles of incorporation provide otherwise.

(b) Whose articles of incorporation have been amended to provide that the resident domestic corporation is subject to NRS 78.411 to 78.444, inclusive, and which was not a publicly traded corporation on the effective date of the amendment, if the combination is with a person who first became an interested stockholder before the effective date of the amendment.

(c) With an interested stockholder of the resident domestic corporation after the expiration of 4 years after the person first became an interested stockholder.

2. The articles of incorporation of a resident domestic corporation may impose on combinations of the resident domestic corporation stricter requirements than the requirements of NRS 78.411 to 78.444, inclusive.

3. [The] Without limiting the provisions of NRS 78.138 or 78.139, the provisions of NRS 78.411 to 78.444, inclusive, do not restrict the directors of a resident domestic corporation from taking action not in circumvention or contravention of this title to protect the long-term or short-term interests of the corporation [and its] or the long-term or short-term interests of the corporation’s stockholders, including, without limitation, adopting or signing plans, arrangements or instruments that issue, grant or deny rights [, privileges, power or authority] or options pursuant to NRS 78.200 to a holder or holders of a specified number of shares or percentage of share ownership or voting power [.] , for the purpose or having the effect of granting or denying rights, privileges, power or authority to any such holder or holders.

Sec. 15. NRS 78.439 is hereby amended to read as follows:

78.439 A resident domestic corporation may not engage in any combination with an interested stockholder of the resident domestic corporation after the expiration of 2 years after the person first became an interested stockholder unless the combination meets all of the requirements of the articles of incorporation of the resident domestic corporation and:

1. The combination or transaction by which the person first became an interested stockholder is approved by the board of directors of the resident domestic corporation before the person first became an interested stockholder;

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2. The combination is approved by a majority of the outstanding voting power of the resident domestic corporation not beneficially owned by the interested stockholder or any affiliate or associate of the interested stockholder; or

3. The combination meets the requirements specified in NRS [78.411] 78.441 to 78.444, inclusive.

Sec. 16. (Deleted by amendment.)

Sec. 16.5. NRS 80.007 is hereby amended to read as follows:

80.007 1. A foreign corporation may correct a record filed in the Office of the Secretary of State if the record contains an incorrect statement or was defectively signed, attested, sealed , [or] verified [.] or acknowledged, including, without limitation, if the record was filed erroneously.

2. To correct a record, the corporation must:

(a) Prepare a certificate of correction which:

(1) States the name of the corporation;

(2) Describes the record, including, without limitation, its filing date;

(3) Specifies the inaccuracy or defect [;] in the record, including, without limitation, if and to the extent applicable, the error in the filing of the record;

(b) Deliver the certificate to the Secretary of State for filing.

4. If a foreign corporation has made a filing with the Secretary of State and the Secretary of State has not processed the filing and placed the filing into the public record, the foreign corporation may cancel the filing by:

(a) Filing a statement of cancellation with the Secretary of State; and

(b) Paying the required fee pursuant to subsection 7 of NRS 78.785.

Sec. 17. NRS 81.006 is hereby amended to read as follows:

81.006 1. A nonprofit cooperative corporation, a cooperative association, a charitable organization or any other entity formed under the provisions of this chapter may correct a record filed with the Secretary of State with respect to the entity if the record contains an inaccurate description of an action or if the record was defectively signed, attested, sealed, verified or acknowledged [.] , including, without limitation, if the record was filed erroneously.

2. To correct a record, the entity must:

(a) Prepare a certificate of correction which:

(1) States the name of the entity;

(2) Describes the record, including, without limitation, its filing date;

(3) Specifies the inaccuracy or defect [;] in the record, including, without limitation, if and to the extent applicable, the error in the filing of the record;

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(5) Is signed by an officer of the entity or, if the certificate is filed before the first meeting of the board of directors, by an incorporator or director, or by some other person specifically authorized by the entity to sign the certificate.

(b) Deliver the certificate to the Secretary of State for filing.

4. If a nonprofit cooperative corporation, a cooperative association, a charitable organization or any other entity formed under the provisions of this chapter has made a filing with the Secretary of State and the Secretary of State has not processed the filing and placed the filing into the public record, the nonprofit cooperative corporation, cooperative association, charitable organization or other entity may cancel the filing by:

(a) Filing a statement of cancellation with the Secretary of State; and

(b) Paying a fee of $50.

Sec. 18. NRS 82.534 is hereby amended to read as follows:

82.534 1. A corporation may correct a record filed in the Office of the Secretary of State with respect to the corporation if the record contains an inaccurate description of a corporate action or if the record was defectively signed, attested, sealed, verified or acknowledged [.] , including, without limitation, if the record was filed erroneously.

2. To correct a record, the corporation must:

(a) Prepare a certificate of correction which:

(1) States the name of the corporation;

(2) Describes the record, including, without limitation, its filing date;

(3) Specifies the inaccuracy or defect [;] in the record, including, without limitation, if and to the extent applicable, the error in the filing of the record;

(5) Is signed by an officer of the corporation or, if the certificate is filed before the first meeting of the board of directors, by an incorporator or director, or by some other person specifically authorized by the corporation to sign the certificate.

(b) Deliver the certificate to the Secretary of State for filing.

(a) Filing a statement of cancellation with the Secretary of State; and

(b) Paying a fee of $50.

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Sec. 19. NRS 84.009 is hereby amended to read as follows:

84.009 1. A corporation sole may correct a record filed with the Office of the Secretary of State with respect to the corporation sole if the record contains an inaccurate description of an action of the corporation sole or if the record was defectively signed, attested, sealed, verified or acknowledged [.] , including, without limitation, if the record was filed erroneously.

2. To correct a record, the corporation sole must:

(a) Prepare a certificate of correction which:

(1) States the name of the corporation sole;

(2) Describes the record, including, without limitation, its filing date;

(3) Specifies the inaccuracy or defect [;] in the record, including, without limitation, if and to the extent applicable, the error in the filing of the record;

(5) Is signed by an archbishop, bishop, president, trustee in trust, president of stake, president of congregation, overseer, presiding elder, district superintendent or other presiding officer or member of the clergy of a church, religious society or denomination, who has been chosen, elected or appointed in conformity with the constitution, canons, rites, regulations or discipline of the church, religious society or denomination, and in whom is vested the legal title to the property held for the purpose, use or benefit of the church or religious society or denomination or by some other person specifically authorized by the corporation sole to sign the certificate of correction.

(b) Deliver the certificate to the Secretary of State for filing.

4. If a corporation sole has made a filing with the Secretary of State and the Secretary of State has not processed the filing and placed the filing into the public record, the corporation sole may cancel the filing by:

(a) Filing a statement of cancellation with the Secretary of State; and

(b) Paying a fee of $50.

Sec. 20. NRS 86.568 is hereby amended to read as follows:

86.568 1. A limited-liability company may correct a record filed in the Office of the Secretary of State with respect to the limited-liability company if the record contains an inaccurate description of a company action or was defectively signed, attested, sealed, verified or acknowledged [.] , including, without limitation, if the record was filed erroneously.

2. To correct a record, the limited-liability company must:

(a) Prepare a certificate of correction that:

(1) States the name of the limited-liability company;

(2) Describes the record, including, without limitation, its filing date;

(3) Specifies the inaccuracy or defect [;] in the record, including, without limitation, if and to the extent applicable, the error in the filing of the record;

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(5) Is signed by a manager of the company or, if management is not vested in a manager, by a member of the company, or by some other person specifically authorized by the company to sign the certificate.

(b) Deliver the certificate to the Secretary of State for filing.

4. If a limited-liability company has made a filing with the Secretary of State and the Secretary of State has not processed the filing and placed the filing into the public record, the limited-liability company may cancel the filing by:

(a) Filing a statement of cancellation with the Secretary of State; and

(b) Paying a fee of $50.

Sec. 21. NRS 87.547 is hereby amended to read as follows:

87.547 1. A registered limited-liability partnership may correct a record filed in the Office of the Secretary of State with respect to the registered limited-liability partnership if the record contains an inaccurate description of a partnership action or if the record was defectively signed, attested, sealed, verified or acknowledged [.] , including, without limitation, if the record was filed erroneously.

2. To correct a record, the registered limited-liability partnership must:

(a) Prepare a certificate of correction that:

(1) States the name of the registered limited-liability partnership;

(2) Describes the record, including, without limitation, its filing date;

(3) Specifies the inaccuracy or defect [;] in the record, including, without limitation, if and to the extent applicable, the error in the filing of the record;

(5) Is signed by a managing partner of the registered limited-liability partnership or by some other person specifically authorized by the registered limited-liability partnership to sign the certificate.

(b) Deliver the certificate to the Secretary of State for filing.

4. If a registered limited-liability partnership has made a filing with the Secretary of State and the Secretary of State has not processed the filing and placed the filing into the public record, the registered limited-liability partnership may cancel the filing by:

(a) Filing a statement of cancellation with the Secretary of State; and

(b) Paying a fee of $50.

Sec. 22. NRS 87A.275 is hereby amended to read as follows:

87A.275 1. A limited partnership or foreign limited partnership may correct a record filed in the Office of the Secretary of State with respect to the limited partnership or foreign limited partnership if the record contains false or erroneous information or if the record was defectively signed, attested, sealed, verified or acknowledged [.]

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false or erroneous information or if the record was defectively signed, attested, sealed, verified or acknowledged [.] , including, without limitation, if the record was filed erroneously.

2. To correct a record, the limited partnership or foreign limited partnership must:

(a) Prepare a certificate of correction that:

(1) States the name of the limited partnership or foreign limited partnership;

(2) Describes the record, including, without limitation, its filing date;

(3) Specifies the false or erroneous information or the defect [;] in the record, including, without limitation, if and to the extent applicable, the error in the filing of the record;

(4) Sets forth [the false or erroneous information or the defective portion of the record in an accurate or corrected form;] such information as is necessary so as to clarify or otherwise remedy the inaccuracy or defect; and

(5) Is signed by a general partner of the limited partnership or foreign limited partnership or by some other person specifically authorized by the limited partnership or foreign limited partnership to sign the certificate.

(b) Deliver the certificate to the Secretary of State for filing.

3. A certificate of correction must not state a delayed effective date and is effective on the effective date of the record it corrects, except that the certificate is effective when filed:

(a) For the purposes of subsections 3 and 4 of NRS 87A.150; and

(b) As to persons relying on the uncorrected record and adversely affected by the correction.

4. If a limited partnership or foreign limited partnership has made a filing with the Secretary of State and the Secretary of State has not processed the filing and placed the filing into the public record, the limited partnership or foreign limited partnership may cancel the filing by:

(a) Filing a statement of cancellation with the Secretary of State; and

(b) Paying a fee of $50.

Sec. 23. NRS 88.339 is hereby amended to read as follows:

88.339 1. A limited partnership may correct a record filed in the Office of the Secretary of State with respect to the limited partnership if the record contains an inaccurate description of a partnership action or if the record was defectively signed, attested, sealed, verified or acknowledged [.] , including, without limitation, if the record was filed erroneously.

2. To correct a record, the limited partnership must:

(a) Prepare a certificate of correction that:

(1) States the name of the limited partnership;

(2) Describes the record, including, without limitation, its filing date;

(3) Specifies the inaccuracy or defect [;] in the record, including, without limitation, if and to the extent applicable, the error in the filing of the record;

(5) Is signed by a general partner of the limited partnership or by some other person specifically authorized by the limited partnership to sign the certificate.

(b) Deliver the certificate to the Secretary of State for filing.

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4. If a limited partnership has made a filing with the Secretary of State and the Secretary of State has not processed the filing and placed the filing into the public record, the limited partnership may cancel the filing by:

(a) Filing a statement of cancellation with the Secretary of State; and

(b) Paying a fee of $50.

Sec. 24. NRS 88A.930 is hereby amended to read as follows:

88A.930 1. A business trust may correct a record filed in the Office of the Secretary of State with respect to the business trust if the record contains an inaccurate description of a trust action or if the record was defectively signed, attested, sealed, verified or acknowledged [.] , including, without limitation, if the record was filed erroneously.

2. To correct a record, the business trust must:

(a) Prepare a certificate of correction that:

(1) States the name of the business trust;

(2) Describes the record, including, without limitation, its filing date;

(3) Specifies the inaccuracy or defect [;] in the record, including, without limitation, if and to the extent applicable, the error in the filing of the record;

(5) Is signed by a trustee of the business trust or by some other person specifically authorized by the business trust to sign the certificate.

(b) Deliver the certificate to the Secretary of State for filing.

4. If a business trust has made a filing with the Secretary of State and the Secretary of State has not processed the filing and placed the filing into the public record, the business trust may cancel the filing by:

(a) Filing a statement of cancellation with the Secretary of State; and

(b) Paying a fee of $50.

Sec. 25. Chapter 92A of NRS is hereby amended by adding thereto the provisions set forth as sections 26 and 27 of this act.

Sec. 26. “Advance notice statement” when used in reference to a proposed corporate action creating dissenter’s rights that is taken or submitted for approval pursuant to a written consent of the stockholders or taken without a vote of the stockholders, means written notice of the proposed corporate action sent by the subject corporation to all stockholders of record entitled to assert dissenter’s rights if the corporate action is effectuated. Such notice must:

1. Be sent not later than 20 days before the effective date of the proposed corporate action;

2. Identify the proposed corporate action;

3. Provide that a stockholder who wishes to assert dissenter’s rights with respect to any class or series of shares must deliver a statement of intent to the subject corporation and set a date by which the subject corporation must receive the statement of intent, which may not be less than 15 days after the date the notice is sent, and state that the stockholder shall be deemed to have waived the right to assert dissenter’s rights with respect to the shares unless the statement of intent is received by the subject corporation by such specified date; and

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intent to the subject corporation and set a date by which the subject corporation must receive the statement of intent, which may not be less than 15 days after the date the notice is sent, and state that the stockholder shall be deemed to have waived the right to assert dissenter’s rights with respect to the shares unless the statement of intent is received by the subject corporation by such specified date; and

4. Be accompanied by a copy of this section and NRS 92A.300 to 92A.500, inclusive, and section 27 of this act.

Sec. 27. “Statement of intent” when used in reference to a proposed corporate action creating dissenter’s rights, means written notice of a stockholder’s intent to assert dissenter’s rights and demand payment for the stockholder’s shares if the corporate action is effectuated.

Sec. 28. NRS 92A.005 is hereby amended to read as follows:

92A.005 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS [92A.006 to 92A.095,] 92A.007 to 92A.092, inclusive, have the meanings ascribed to them in those sections.

Sec. 29. NRS 92A.120 is hereby amended to read as follows:

92A.120 1. After adopting a plan of merger, exchange or conversion, the board of directors of each domestic corporation that is a constituent entity in the merger or conversion, or the board of directors of the domestic corporation whose shares will be acquired in the exchange, must submit the plan of merger, except as otherwise provided in NRS 92A.130 , 92A.133 and 92A.180, the plan of conversion or the plan of exchange for approval by its stockholders who are entitled to vote on the plan in accordance with the provisions of this section.

2. For a plan of merger, conversion or exchange to be approved:

(a) The board of directors must recommend the plan of merger, conversion or exchange to the stockholders, unless the board of directors determines that because of a conflict of interest or other special circumstances it should make no recommendation and it communicates the basis for its determination to the stockholders with the plan; and

(b) The stockholders entitled to vote must approve the plan.

3. The board of directors may condition its submission of the proposed merger, conversion or exchange on any basis. The provisions of this section or this chapter must not be construed to permit a board of directors to submit, or to agree to submit, a plan of merger, conversion or exchange to the stockholders without the recommendation of the board required pursuant to paragraph (a) of subsection 2 unless the board of directors determines that because of a conflict of interest or other special circumstances it should make no recommendation and it communicates the basis for its determination to the stockholders with the plan. Any agreement of the board of directors to submit a plan of merger, conversion or exchange to the stockholders notwithstanding an adverse recommendation of the board of directors shall be deemed to be of no force or effect.

4. Unless the plan of merger, conversion or exchange is approved by the written consent of stockholders pursuant to subsection 7, the domestic corporation must notify each stockholder, whether or not the stockholder is entitled to vote, of the proposed stockholders’ meeting in accordance with NRS 78.370. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the plan of merger, conversion or exchange and must contain or be accompanied by a copy or summary of the plan.

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ê2023 Statutes of Nevada, Page 382 (CHAPTER 73, AB 126)ê

5. Unless this chapter, the articles of incorporation, the resolutions of the board of directors establishing the class or series of stock or the board of directors acting pursuant to subsection 3 require a greater vote or a vote by classes of stockholders, the plan of merger or conversion must be approved by a majority of the voting power of the stockholders.

6. Unless the articles of incorporation or the resolution of the board of directors establishing a class or series of stock provide otherwise, or unless the board of directors acting pursuant to subsection 3 requires a greater vote, the plan of exchange must be approved by a majority of the voting power of each class and each series to be exchanged pursuant to the plan of exchange.

7. Unless otherwise provided in the articles of incorporation or the bylaws of the domestic corporation, the plan of merger, conversion or exchange may be approved by written consent as provided in NRS 78.320.

8. If an officer, director or stockholder of a domestic corporation, which will be the constituent entity in a conversion, will have any liability for the obligations of the resulting entity after the conversion because the officer, director or stockholder will be the owner of an owner’s interest in the resulting entity, then that officer, director or stockholder must also approve the plan of conversion.

9. Unless otherwise provided in the articles of incorporation or bylaws of a domestic corporation, a plan of merger, conversion or exchange may contain a provision that permits amendment of the plan of merger, conversion or exchange at any time after the stockholders of the domestic corporation approve the plan of merger, conversion or exchange, but before the articles of merger, conversion or exchange become effective, without obtaining the approval of the stockholders of the domestic corporation for the amendment if the amendment does not:

(a) Alter or change the manner or basis of exchanging an owner’s interest to be acquired for owner’s interests, rights to purchase owner’s interests, or other securities of the acquiring entity or any other entity, or for cash or other property in whole or in part; or

(b) Alter or change any of the terms and conditions of the plan of merger, conversion or exchange in a manner that adversely affects the stockholders of the domestic corporation.

10. A board of directors shall cancel the proposed meeting or remove the plan of merger, conversion or exchange from consideration at the meeting if the board of directors determines that it is not advisable to submit the plan of merger, conversion or exchange to the stockholders for approval.

Sec. 30. NRS 92A.300 is hereby amended to read as follows:

92A.300 As used in NRS 92A.300 to 92A.500, inclusive, and sections 26 and 27 of this act, unless the context otherwise requires, the words and terms defined in NRS 92A.305 to 92A.335, inclusive, and sections 26 and 27 of this act have the meanings ascribed to them in those sections.

Sec. 31. NRS 92A.006 and 92A.095 are hereby repealed.

Sec. 32. This act becomes effective upon passage and approval.

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ê2023 Statutes of Nevada, Page 383ê

CHAPTER 74, AB 131

Assembly Bill No. 131–Assemblymen Cohen, Watts; Anderson, Newby and Peters

CHAPTER 74

[Approved: May 30, 2023]

AN ACT relating to forestry; creating the Urban and Community Forestry Program within the Division of Forestry of the State Department of Conservation and Natural Resources; setting forth the powers and duties of the State Forester Firewarden and the Division relating to the Program; authorizing the State Forester Firewarden to award grants to promote urban and community forestry; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law authorizes the State Forester Firewarden, subject to the approval of the Director of the State Department of Conservation and Natural Resources, to negotiate for and enter into cooperative agreements with certain governmental entities and organizations to establish and develop nurseries in this State for various purposes, including urban forestry. (NRS 528.100) Section 6 of this bill creates the Urban and Community Forestry Program within the Division of Forestry of the State Department of Conservation and Natural Resources to promote, create, improve and maintain urban and community forests in this State. Section 6 requires the State Forester Firewarden to administer the Program and sets forth the duties of the State Forester Firewarden, which include: (1) the development of local and regional targets for urban and community tree canopies; (2) cooperating with federal, state and local agencies to promote and advance urban and community forests; and (3) the development and dissemination of best practices for maintaining the health of urban and community forests. Sections 3-5 of this bill define various terms relating to the Program.

Section 7 of this bill requires the Division to provide technical assistance to political subdivisions in this State for certain purposes relating to urban and community forestry.

Section 8 of this bill authorizes the State Forester Firewarden to develop a program to award grants to political subdivisions of this State, Indian tribes and nonprofit organizations for certain purposes relating to urban and community forestry.

Section 9 of this bill authorizes the State Forester Firewarden, subject to the approval of the Director, to enter into cooperative agreements to carry out the duties and functions of the Program. Section 9 further authorizes the State Forester Firewarden to: (1) accept gifts, grants, services and donations; and (2) adopt regulations.

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 528 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.

Sec. 2. As used in sections 2 to 9, inclusive, of this act, unless the context otherwise requires, the terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.

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ê2023 Statutes of Nevada, Page 384 (CHAPTER 74, AB 131)ê

Sec. 3. “Historically underserved community” has the meaning ascribed to it in NRS 704.78343.

Sec. 4. “Urban and community forest” means native or introduced trees and related plant materials in or near urban or community areas, including, without limitation, urban and community watersheds, soils, natural riparian habitats, street trees, park trees and residential trees.

Sec. 5. “Urban and community forestry” means the science of developing, caring for, cultivating, managing and maintaining native and introduced trees and related plant materials in an urban or community environment to enhance air and water quality, provide shade protection, stabilize soils, promote water conservation, reduce noise levels, reduce fire hazards, improve human health, provide wildlife habitat, sustain local economies and improve esthetics.

Sec. 6. 1. The Urban and Community Forestry Program is hereby created within the Division. The State Forester Firewarden shall administer the Program.

2. The Urban and Community Forestry Program must, without limitation, promote, create, improve and maintain urban and community forests in this State and advance and promote improvements that include, without limitation:

(a) Carbon sequestration and reductions in greenhouse gas emissions;

(b) Energy conservation;

(d) Urban and community parks;

(e) Riparian corridors;

(f) River parkways;

(g) School greening or sun-safe schoolyards;

(h) Urban and community revitalization;

(i) Green infrastructure and sustainable landscapes;

(j) Food forests that provide access to healthy and nutritious foods in urban areas and communities that have been designated as food deserts; and

(k) Solid waste prevention.

3. In carrying out the requirements of subsection 2, the State Forester Firewarden shall:

(a) Develop local and regional targets for urban and community tree canopies and prioritize the development of such targets in historically underserved communities and areas that are particularly vulnerable to heat island effects. The targets must include, without limitation, local or regional targets for:

(1) Urban and community forest diversity;

(2) The resistance of urban and community forests to future climate conditions;

(3) The resistance of urban and community forests to insects, pests and diseases; and

(4) Any other target determined to be relevant by the State Forester Firewarden.

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ê2023 Statutes of Nevada, Page 385 (CHAPTER 74, AB 131)ê

(b) Cooperate with state and regional urban and community forestry organizations or associations, arboricultural organizations or associations and any other relevant federal, state or local agency, district, board or other entity or public or private organization or persons in the advancement and promotion of urban and community forests.

(c) Develop and disseminate best practices for maintaining the health of urban and community forests, which may include, without limitation, the control of forest pests, insects and diseases.

Sec. 7. 1. As part of the Urban and Community Forestry Program created pursuant to section 6 of this act, the Division shall provide technical assistance to state and local agencies, governing bodies of cities and counties and other political subdivisions of this State in the following areas relating to urban and community forests:

(a) Local and regional planning and land use;

(b) The development and coordination of training programs for planting and maintaining neighborhood and local trees;

(c) Urban and community forest health, including, without limitation, tree disease, insect problems, planting and maintaining trees and best practices for forest health;

(d) The role of forest ecology in planning for the future of urban and community areas, including, without limitation, climate change, reductions in greenhouse gas emissions, carbon sequestration, air quality, proper watershed functions and energy conservation;

(e) The retention of native trees and riparian habitats;

(f) The role of urban and community forests as food forests in urban and community areas that have been designated as food deserts; and

(g) Any other matter the State Forester Firewarden deems relevant.

2. The Division may provide technical assistance to state and local agencies, governing bodies of cities and counties and other political subdivisions of this State relating to the utilization and composting of organic waste.

Sec. 8. 1. As part of the Urban and Community Forestry Program, the State Forester Firewarden may establish a program to distribute grants to political subdivisions of this State, Indian tribes and nonprofit organizations to support and advance urban and community forestry in this State, which may include, without limitation:

(a) Urban and community forestry planning, including, without limitation, programs to promote community involvement in urban and community forestry planning, the coordination of local agencies or across multiple jurisdictions in urban and community forestry planning, and urban and community forestry planning for historically underserved communities;

(b) The planting of urban and community forests and the purchasing of seeds and nursery stock;

(c) The development and dissemination of training and educational materials on the benefits of urban and community forestry and best practices in maintaining the health of urban and community forests;

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ê2023 Statutes of Nevada, Page 386 (CHAPTER 74, AB 131)ê

(d) Programs for the maintenance of urban and community forests, including, without limitation, programs in response to infestations and certain disruptive weather events such as droughts and storms;

(e) Projects that demonstrate methods of urban and community forestry, prioritizing those that promote achievement of the objectives of the Program set forth in subsection 2 of section 6 of this act;

(f) Partnerships between local agencies and nonprofit organizations that utilize urban and community forests to conserve energy, improve air quality or water management or mitigate greenhouse gases or heat island effects; or

(g) Other projects that promote achievement of the objectives of the Program set forth in subsection 2 of section 6 of this act, as determined by the State Forester Firewarden.

2. If a grant program is established pursuant to subsection 1, the State Forester Firewarden shall adopt regulations to carry out the program.

Sec. 9. 1. The State Forester Firewarden, subject to the approval of the Director, may act for the State of Nevada in negotiating for and entering into cooperative agreements with the United States of America, with political subdivisions of this State, with Indian tribes and with organizations and natural persons to carry out the duties and functions of the Urban and Community Forestry Program in accordance with the provisions of sections 2 to 9, inclusive, of this act.

2. The State Forester Firewarden may:

(a) Apply for and accept gifts, grants, services and donations from any source for the purposes of carrying out the provisions of sections 2 to 9, inclusive, of this act; and

(b) Adopt regulations to carry out the provisions of sections 2 to 9, inclusive, of this act.

Sec. 10. 1. This section becomes effective upon passage and approval.

2. Sections 1 to 9, inclusive, of this act become effective:

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

(b) On January 1, 2024, for all other purposes.

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ê2023 Statutes of Nevada, Page 387ê

CHAPTER 75, AB 146

Assembly Bill No. 146–Assemblywoman Marzola

CHAPTER 75

[Approved: May 30, 2023]

AN ACT relating to information technology; clarifying the definition of the terms “cable service” and “video service”; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law defines the term “video service” for purposes of franchising and regulation of video service and video service providers as the provision of certain multichannel video programming, excluding: (1) any video content provided solely as part of, and through, a service which enables users access to certain content via the public Internet; (2) direct broadcast satellite service; and (3) any wireless multichannel video programming provided by a commercial mobile service provider. (NRS 711.141, 711.400) Section 1.5 of this bill clarifies the definition of the term “video service” to mean the provision by a video service provider over a video service network of certain multichannel video programing provided by a video service provider, excluding: (1) certain video content accessed via the Internet, including streaming video content; (2) direct-to-home satellite services; and (3) any wireless multichannel video programming provided by a commercial mobile service provider.

Section 1 of this bill clarifies the definition of the term “cable service” to exclude any video content, including, without limitation, streaming video content, accessed via a service that enables users to access content, information, electronic mail or other services that are offered via the Internet, regardless of the provider of the video content.

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 711.025 is hereby amended to read as follows:

711.025 1. “Cable service” [has the meaning ascribed to it in 47 U.S.C. § 522, as that section existed on January 1, 2007.] means:

(a) The one-way transmission to subscribers of video programming or other programming service; and

(b) Any interaction with subscribers which is required for the selection or use of such video programming or other programming service.

2. The term does not include any video content, including, without limitation, streaming video content, accessed via a service that enables users to access content, information, electronic mail or other services that are offered via the Internet, regardless of the provider of the video content.

Sec. 1.5. NRS 711.141 is hereby amended to read as follows:

711.141 1. “Video service” means the provision by a video service provider over a video service network of multichannel video programming generally considered comparable to video programming delivered by a television broadcast station, cable service or other digital television service, whether provided as part of a tier, on-demand or on a per-channel basis, without regard to the technology used to deliver the video service, including, without limitation, Internet protocol technology or any successor technology.

2. The term includes, without limitation:

(a) Cable service; and

(b) Video service delivered by a community antenna television system.

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ê2023 Statutes of Nevada, Page 388 (CHAPTER 75, AB 146)ê

3. The term does not include:

(a) Any video content [provided solely as part of, and through,] , including, without limitation, streaming video content, accessed via a service [which] that enables users to access content, information, electronic mail or other services that are offered via the [public] Internet [.] , regardless of the provider of the video content.

(b) [Direct broadcast] Direct-to-home satellite [service.] services, which distribute or broadcast programming or services by satellite directly to the subscriber’s residence without the use of ground receiving or distribution equipment, except at the subscriber’s residence or in the uplink process to the satellite.

Sec. 2. This act becomes effective on July 1, 2023.

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CHAPTER 76, AB 162

Assembly Bill No. 162–Assemblymen Gorelow; Bilbray-Axelrod, Brown-May, Carter, Considine, González, La Rue Hatch, Newby, Peters and Watts

CHAPTER 76

[Approved: May 30, 2023]

AN ACT relating to pesticides; prohibiting the use of neonicotinoid pesticides for certain purposes; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law establishes the Nevada Pesticides Act to regulate the use of pesticides in this State. (Chapter 586 of NRS) Section 1.6 of this bill prohibits the purchase or use of neonicotinoid pesticides on plants in this State except for commercial agricultural use. Section 1.6 further requires any person seeking to use neonicotinoid pesticides for commercial agricultural purposes to obtain a certificate of commercial agricultural use from the Internet website of the State Department of Agriculture.

Sections 1.3 and 7 of this bill define “neonicotinoid pesticide.” Sections 2 and 8 of this bill make conforming changes to incorporate these definitions into the Nevada Revised Statutes.

Sections 6 and 10 of this bill prohibit the application of neonicotinoid pesticides in violation of the requirements of section 1.6.

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 586 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.6 of this act.

Sec. 1.3. “Neonicotinoid pesticide” means any pesticide containing a chemical belonging to the neonicotinoid class of chemicals, including, without limitation:

1. Acetamiprid;

2. Clothianidin;

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ê2023 Statutes of Nevada, Page 389 (CHAPTER 76, AB 162)ê

3. Dinotefuran;

4. Imidacloprid;

5. Nithiazine;

6. Thiacloprid; and

7. Thiamethoxam.

Sec. 1.6. 1. A person shall not purchase or use neonicotinoid pesticides on plants in this State, except for commercial agricultural purposes.

2. Neonicotinoid pesticides may be purchased and used in this State for purposes other than for use on plants, including, without limitation:

(a) Pet care.

(b) Veterinary treatment.

(d) Pest control pesticides that are for indoor use.

(e) Outdoor items and structures, other than plants. This paragraph does not authorize the spraying or application of a neonicotinoid pesticide on any plant.

(f) Pesticides that are intended to act as a wood preservative and pesticide-treated wood products.

(g) Structural insulation.

Ê Any purchase or use of neonicotinoid pesticides pursuant to this section must be in accordance with the on-label use of such neonicotinoid pesticide and as directed by the instructions.

3. The Director shall make available on the Internet website of the State Department of Agriculture an application for a certificate of commercial agricultural use. The certificate must, without limitation:

(a) State that the use of neonicotinoid pesticides is limited to commercial agricultural purposes; and

(b) Include a space for the business identification number of the person seeking a certificate of commercial agricultural use.

4. Any person seeking to apply neonicotinoid pesticides for commercial agricultural purposes must obtain a certificate of commercial agricultural use from the Internet website of the State Department of Agriculture.

5. The Director may adopt regulations to carry out the provisions of this section.

6. As used in this section, “commercial agricultural purposes” means the cultivation of plants or the use of farm and agricultural land to produce an agricultural product to be sold in commerce.

Sec. 2. NRS 586.020 is hereby amended to read as follows:

586.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 586.030 to 586.220, inclusive, and section 1.3 of this act have the meanings ascribed to them in those sections.

Secs. 3-5. (Deleted by amendment.)

Sec. 6. NRS 586.945 is hereby amended to read as follows:

586.945 It shall be unlawful for any person to apply [any] :

1. Any restricted-use pesticide for which regulations have been adopted, except as provided in such regulations [.] ; and

2. Any neonicotinoid pesticide in violation of the requirements of section 1.6 of this act.

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ê2023 Statutes of Nevada, Page 390 (CHAPTER 76, AB 162)ê

Sec. 7. Chapter 555 of NRS is hereby amended by adding thereto a new section to read as follows:

“Neonicotinoid pesticide” has the meaning ascribed to it in section 1.3 of this act.

Sec. 8. NRS 555.2605 is hereby amended to read as follows:

555.2605 As used in NRS 555.2605 to 555.460, inclusive, unless the context otherwise requires, the words and terms defined in NRS 555.261 to 555.2695, inclusive, and section 7 of this act have the meanings ascribed to them in those sections.

Sec. 9. (Deleted by amendment.)

Sec. 10. NRS 555.351 is hereby amended to read as follows:

555.351 1. Except as otherwise provided in subsection 3, a person shall not use [any] :

(a) Any restricted-use pesticide within this State at any time without a certificate issued by the Director except a person using any restricted-use pesticide under the supervision of an authorized commercial applicator who complies with the provisions of subsection 3, certified non-private applicator or private applicator [.] ; or

(b) Any neonicotinoid pesticide in violation of the requirements of section 1.6 of this act. Any person seeking to apply a neonicotinoid pesticide for commercial agricultural purposes must obtain a certificate of commercial agricultural use pursuant to section 1.6 of this act.

2. If the Director has adopted regulations requiring:

(a) A permit pursuant to NRS 586.403; or

(b) A special use permit pursuant to NRS 586.405,

Ê for a restricted-use pesticide, a person shall not use that pesticide without obtaining the required permit.

3. A person licensed as a commercial applicator and authorized to engage in pest control is authorized to use or supervise the use of a restricted-use pesticide without obtaining a certificate issued by the Director pursuant to NRS 555.357, if the person:

(a) Demonstrates that he or she satisfies the standards set forth in 40 C.F.R. § 171.103; and

(b) Otherwise complies with the provisions of this chapter and any regulations adopted pursuant to this chapter governing the use of restricted-use pesticides.

4. As used in this section, “commercial agricultural purposes” has the meaning ascribed to it in section 1.6 of this act.

Sec. 11. (Deleted by amendment.)

Sec. 12. 1. This section becomes effective upon passage and approval.

2. Sections 1 to 11, inclusive, of this act become effective:

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

(b) On January 1, 2024, for all other purposes.

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ê2023 Statutes of Nevada, Page 391ê

CHAPTER 77, AB 164

Assembly Bill No. 164–Assemblyman Yeager

CHAPTER 77

[Approved: May 30, 2023]

AN ACT relating to outdoor recreation; revising the duties of the Advisory Board on Outdoor Recreation; eliminating the advisory committee established to assist and advise the Administrator of the Division of Outdoor Recreation of the State Department of Conservation and Natural Resources on the development and administration of the Outdoor Education and Recreation Grant Program; requiring the Division of Outdoor Recreation to establish an Outdoor Education Advisory Working Group during the 2023-2024 interim to study approaches to incorporate outdoor recreation into the curriculum of the public education system in this State; prescribing the membership and duties of the Outdoor Education Advisory Working Group; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law creates the Outdoor Education and Recreation Grant Program and requires the Administrator of the Division of Outdoor Recreation of the State Department of Conservation and Natural Resources to adopt regulations to establish an advisory committee to assist and advise the Administrator in the development and administration of the Grant Program. (NRS 407A.605, 407A.610) Existing law also creates the Advisory Board on Outdoor Recreation, which is required to advise the Administrator on any matter concerning outdoor recreation in this State. (NRS 407A.575) Section 1.3 of this bill eliminates the advisory committee and instead requires the Advisory Board on Outdoor Recreation to serve as a technical advisory committee to assist and advise the Administrator in the development and administration of the Grant Program. Section 1 of this bill makes a conforming change to require the Advisory Board to assist and advise the Administrator in the development and administration of the Grant Program.

Section 1.7 of this bill requires the Division of Outdoor Recreation to establish an Outdoor Education Advisory Working Group in the 2023-2024 interim to study approaches to incorporate outdoor recreation into the curriculum of the public education system in this State. Section 1.7 also: (1) prescribes the membership and duties of the Outdoor Education Advisory Working Group; (2) requires the Division to submit a written report describing the activities, findings, conclusions and recommendations of the Advisory Working Group for transmittal to the 83rd Session of the Legislature; and (3) authorizes the Outdoor Education Advisory Working Group to request the drafting of not more than 1 legislative measure for prefiling on or before the first day of the regular session of the Legislature in 2025.

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 407A.575 is hereby amended to read as follows:

407A.575 1. There is hereby created the Advisory Board on Outdoor Recreation composed of:

(a) The following 12 voting members:

(1) The Lieutenant Governor or his or her designee;

(2) The Director or his or her designee;

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ê2023 Statutes of Nevada, Page 392 (CHAPTER 77, AB 164)ê

(3) The Director of the Department of Tourism and Cultural Affairs or his or her designee;

(4) The Executive Director of the Office of Economic Development or his or her designee;

(5) The Director of the Department of Wildlife or his or her designee;

(6) The Administrator of the Division of State Parks of the Department;

(7) The Chair of the Nevada Indian Commission;

(8) One member appointed by the Governor from a list of nominees submitted by the Board of Directors of the Nevada Association of Counties, or its successor organization, who:

(I) Resides in a county whose population is less than 100,000; and

(II) Has professional expertise or possesses demonstrated knowledge in outdoor recreation, natural resources management and economic development in this State; and

(9) Four members appointed by the Governor from a list of nominees submitted by the Lieutenant Governor and the Director as follows:

(I) A representative of the outdoor recreation industry;

(II) A representative of conservation interests;

(III) A person with experience in and knowledge of education; and

(IV) A person with experience in and knowledge of public health.

(b) The following two nonvoting members, who must be appointed by the Administrator of the Division of Outdoor Recreation or his or her designee, subject to the approval of the Director:

(1) A representative of the United States Department of the Interior from the Bureau of Land Management, National Park Service or United States Fish and Wildlife Service; and

(2) A representative of the United States Department of Agriculture from the United States Forest Service or Rural Development.

2. The Lieutenant Governor or his or her designee shall:

(a) Serve as Chair of the Advisory Board; and

(b) Appoint a member of the Advisory Board to serve as Vice Chair of the Advisory Board.

3. The Advisory Board shall meet at such times and places as are specified by a call of the Chair but not less than once a year. A majority of the voting members of the Advisory Board constitutes a quorum. If a quorum is present, the affirmative vote of a majority of the voting members of the Advisory Board present is sufficient for any official action taken by the Advisory Board.

4. The Advisory Board shall [advise] :

(a) Advise the Administrator on any matter concerning outdoor recreation in this State [.] ; and

(b) Assist and advise the Administrator in the development and administration of the Outdoor Education and Recreation Grant Program pursuant to NRS 407A.610.

Sec. 1.3. NRS 407A.610 is hereby amended to read as follows:

407A.610 1. The [Administrator] Advisory Board on Outdoor Recreation created by NRS 407A.575 shall [, by regulation, establish an] serve as a technical advisory committee to assist and advise the Administrator in the development and administration of the Grant Program.

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ê2023 Statutes of Nevada, Page 393 (CHAPTER 77, AB 164)ê

2. The Administrator may adopt regulations [must specify:

(a) The membership of the committee;

(b) The] setting forth the duties of the [committee;

(d) The rules for the governance of the committee.

2. The Administrator shall appoint members to the advisory committee who have knowledge and experience in outdoor education and recreation and matters concerning the environment, agriculture, natural resources or other related matters relevant to the purposes of the Grant Program. The advisory committee must include, without limitation, members from:

(a) Agencies of state and local government;

(b) Public schools, private schools, charter schools and school districts;

(d) The business community.

3. In addition to the membership prescribed by subsection 2, the Administrator shall appoint to the advisory committee a person who was or is a pupil in this State and participated in an outdoor education and recreation program that was funded by a grant awarded pursuant to NRS 407A.605 or, if no such person is available to serve, a person who represents pupils in this State and has knowledge and experience in outdoor education and recreation programs.

4. To the extent that money is available for that purpose, each member of the advisory committee who is not an officer or employee of the State of Nevada is entitled to receive a salary of not more than $80 per day, fixed by the Administrator, for each day or portion of a day spent on the business of the advisory committee. Each member of the advisory committee who is an officer or employee of the State of Nevada serves without additional compensation. To the extent that money is available for that purpose, each member of the advisory committee is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

5. Each member of the advisory committee who is an officer or employee of the State of Nevada or a local government must be relieved from his or her duties without loss of regular compensation so that he or she may prepare for and attend meetings of the advisory committee and perform any work necessary to carry out the duties of the advisory committee in the most timely manner practicable. A state agency or local governmental entity may not require an employee who is a member of the advisory committee to make up time or take annual vacation or compensatory time for the time that he or she is absent from work to carry out his or her duties as a member of the advisory committee.] Advisory Board on Outdoor Recreation for the purposes of this section.

Sec. 1.7. 1. The Division of Outdoor Recreation in the State Department of Conservation and Natural Resources shall establish an Outdoor Education Advisory Working Group during the 2023-2024 interim to study approaches to incorporate outdoor recreation into the curriculum of the public education system in this State. The Advisory Working Group consists of the following members:

(a) A representative of the Division of Outdoor Recreation, appointed by the Administrator of the Division;

(b) A representative of the Office of Early Learning and Development in the Department of Education, the Office of Standards and Instructional Support in the Department of Education or the Office for a Safe and Respectful Learning Environment in the Department of Education, appointed by the Superintendent of Public Instruction of the Department of Education;

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ê2023 Statutes of Nevada, Page 394 (CHAPTER 77, AB 164)ê

Support in the Department of Education or the Office for a Safe and Respectful Learning Environment in the Department of Education, appointed by the Superintendent of Public Instruction of the Department of Education;

(d) One teacher from an urban area, appointed by the Speaker of the Assembly;

(e) One teacher from an urban area, appointed by the Majority Leader of the Senate;

(f) One teacher from a rural area, appointed by the Governor;

(g) One superintendent of a school district, appointed by the Nevada Association of School Superintendents;

(h) One pupil enrolled in a public school, appointed by the Speaker of the Assembly, with the permission of a parent or legal guardian of the pupil;

(i) Two providers of nature-based education, one of whom must primarily serve a minority or historically underserved community, appointed by the Speaker of the Assembly;

(j) A member of the Senate, appointed by the Majority Leader of the Senate;

(k) A member of the Senate, appointed by the Minority Leader of the Senate;

(l) A member of the Assembly, appointed by the Speaker of the Assembly;

(m) A member of the Assembly, appointed by the Minority Leader of the Assembly;

(n) An early education specialist, appointed by the Majority Leader of the Senate; and

(o) A provider of health care to children and adolescents, appointed by the Governor.

2. The Outdoor Education Advisory Working Group shall study approaches to incorporate outdoor recreation into the curriculum for preschool, kindergarten and grades 1 to 12, inclusive, which include, without limitation, opportunities to integrate outdoor recreation with:

(a) Physical education;

(b) Scientific inquiry;

(d) Environmental science;

(e) Physical sciences;

(f) Language arts;

(g) Art;

(h) Humanities;

(i) Social and emotional learning; and

(j) Public service.

3. The Outdoor Education Advisory Working Group shall, at its first meeting, elect a Chair and Vice Chair from among its members.

4. A majority of the members of the Outdoor Education Advisory Working Group 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 Outdoor Education Advisory Working Group.

5. The Division shall provide the Advisory Working Group with such administrative support as is necessary to assist the Outdoor Recreation Working Group in carrying out its duties pursuant to this section.

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ê2023 Statutes of Nevada, Page 395 (CHAPTER 77, AB 164)ê

6. The members of the Outdoor Education Advisory Working Group serve without compensation generally.

7. Each member of the Outdoor Education Advisory Working Group who is an officer or employee of the State or a local government must be relieved from his or her duties without loss of regular compensation so that the member may prepare for and attend meetings of the Outdoor Education Advisory Working Group and perform any work necessary to carry out the duties of the Outdoor Education Advisory Working Group 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 Outdoor Education Advisory Working Group 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.

8. The Division may accept gifts, grants and donations from any source to support the work of the Outdoor Education Advisory Working Group.

9. The Division shall, on or before December 31, 2024, prepare and submit a written report describing the activities, findings, conclusions and recommendations of the Outdoor Education Advisory Working Group to the Director of the Legislative Counsel Bureau for transmittal to the 83rd Session of the Legislature.

10. The Outdoor Education Advisory Working Group may request the drafting of not more than 1 legislative measure which relates to matters within the scope of the Outdoor Education Advisory Working Group. The request must be submitted to the Legislative Counsel on or before December 31, 2024, and must be on a form prescribed by the Legislative Counsel. A legislative measure requested pursuant to this subsection must be prefiled on or before the first day of the regular session of the Legislature in 2025. A legislative measure that is not prefiled on or before that day shall be deemed withdrawn.

11. As used in this section, “historically underserved community” has the meaning ascribed to it in NRS 445B.834.

Sec. 1.9. Notwithstanding the provisions of NRS 407A.610, as amended by section 1.3 of this act, the terms of all of the members serving on the advisory committee established by regulation pursuant to NRS 407A.610 who are serving on June 30, 2023, expire on that date.

Sec. 2. 1. This section becomes effective upon passage and approval.

2. Section 1.7 of this act becomes effective:

(a) Upon passage and approval for the purpose of appointing members to the Outdoor Education Advisory Working Group established pursuant to section 1.7 of this act 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.

3. Sections 1 and 1.3 of this act become effective:

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

(b) On July 1, 2023, for all other purposes.

4. Section 1.9 of this act becomes effective upon passage and approval.

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ê2023 Statutes of Nevada, Page 396ê

CHAPTER 78, AB 214

Assembly Bill No. 214–Assemblywoman Anderson

Joint Sponsors: Senators Daly; and Goicoechea

CHAPTER 78

[Approved: May 30, 2023]

AN ACT relating to regional transportation commissions; requiring a regional transportation commission in certain counties to establish an advisory committee; revising certain requirements relating to the security in operations of a regional transportation commission; revising certain requirements relating to the establishment of an advisory committee by a regional transportation commission in certain counties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Under existing law, a board of county commissioners may by ordinance create a regional transportation commission if a streets and highways plan has been adopted as part of the master plan by the county or regional planning commission. (NRS 277A.170) Existing law authorizes a regional transportation commission to provide for and maintain such security in operations as is necessary for the protection of persons and property. (NRS 277A.260) Section 2 of this bill authorizes a regional transportation commission to establish a fine for a passenger who refuses to comply with a regional or statewide health and safety standard or mandate. Section 2 further requires a regional transportation commission or any person who contracts with a regional transportation commission to operate a public transit system to: (1) maintain any audio or video recording that is used as evidence in certain disciplinary actions or contains an incident on a public transit system that results in an injury to an employee; and (2) upon the request of an employee organization that is the exclusive bargaining agent of the employees of a person who contracts with the regional transportation commission, to provide such audio or video recordings to the employee organization.

Existing law requires the regional transportation commission in a county whose population is 700,000 or more (currently only Clark County) to establish an advisory committee to provide certain information and advice to the commission relating to public mass transportation in the county. The advisory committee consists of: (1) two members of the general public from each city within the county who are appointed by the governing body of that city; and (2) six members of the general public appointed by the regional transportation commission. (NRS 277A.340) Section 3 of this bill instead requires the regional transportation commission in a county whose population is 100,000 or more (currently Clark and Washoe Counties) to establish an advisory committee. Section 3 further provides that the membership of the committee must include: (1) at least two members who are employees of the person who contracts with the commission to operate the public transit system in the county, are not in a supervisory position and are recommended by the principal officers of the employee organization that represents such employees; (2) at least one member of the general public; and (3) any other additional members appointed at the discretion of the regional transportation commission. Section 3 also authorizes a regional transportation commission to assign certain duties of the advisory committee to another committee established by the regional transportation commission, provided that the membership of the other committee meets the membership requirements for an advisory committee.

Section 6 of this bill revises a reference to federal law.

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ê2023 Statutes of Nevada, Page 397 (CHAPTER 78, AB 214)ê

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Sections 1 and 1.5. (Deleted by amendment.)

Sec. 2. NRS 277A.260 is hereby amended to read as follows:

277A.260 1. A commission may:

[1.] (a) Provide for and maintain such security in operations as is necessary for the protection of persons and property under its jurisdiction and control.

[2.] (b) Employ professional, technical, clerical and other personnel necessary to carry out the provisions of this chapter.

[3.] (c) Establish [a fine] fines for a passenger who refuses to [pay] :

(1) Pay or otherwise fails to pay the proper fare to ride on the public transit system established and operated by the commission [.] ; or

(2) Comply with a regional or statewide health and safety standard or mandate.

Ê If the commission establishes such [a fine,] fines, the commission may establish procedures that provide for the issuance and collection of the [fine.] fines.

2. The commission or any person who contracts with the commission to operate the public transit system shall:

(a) Maintain, in accordance with all applicable provisions of state and federal law, any audio or video recording that:

(1) Is used as evidence in a disciplinary action involving an employee of any person who contracts with the commission to operate the public transit system; or

(2) Contains an incident on the public transit system that results in an injury to an employee of a person who contracts with the commission to operate the public transit system.

(b) Upon the request of an employee organization that is the exclusive bargaining agent of the employees of a person who contracts with the commission to operate the public transit system, provide the employee organization with any audio or video recording that:

(1) Is used as evidence in a disciplinary action involving an employee of any person who contracts with the commission to operate the public transit system; or

(2) Contains an incident on the public transit system that results in an injury to an employee of a person who contracts with the commission to operate the public transit system, provided that the commission and the person who contracts with the commission to operate the public transit system receive a written request by the employee organization for the audio or video recording within 10 calendar days of the incident.

Sec. 3. NRS 277A.340 is hereby amended to read as follows:

277A.340 1. [In] Except as otherwise provided in subsection 8, in a county whose population is [700,000] 100,000 or more, the commission shall establish an advisory committee to [provide] :

(a) Provide information and advice to the commission concerning the construction, installation and maintenance of benches, shelters and transit stops for passengers of public mass transportation in the county [.] ; and

(b) Perform, at the discretion of the commission, any other duties.

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ê2023 Statutes of Nevada, Page 398 (CHAPTER 78, AB 214)ê

2. The commission shall appoint members to the advisory committee. The membership of the advisory committee must consist of:

(a) [Two] At least two members [of the general public from each city within the county who are appointed by the governing body of that city; and] who:

(1) Are employees of the person who contracts with the commission to operate the public transit system in the county;

(2) Are not in a supervisory position; and

(3) Are recommended by the principal officers of the employee organization that represents such employees.

(b) [Six members] At least one member of the general public . [appointed by the commission.

2.] (c) Any other additional members appointed at the discretion of the commission.

3. Each member of the advisory committee serves a term of 1 year. A member may be reappointed for additional terms of 1 year in the same manner as the original appointment.

[3.] 4. A vacancy occurring in the membership of the advisory committee must be filled in the same manner as the original appointment.

[4.] 5. The advisory committee shall meet at least [six] four times annually.

[5.] 6. At its first meeting and annually thereafter, the advisory committee shall elect a chair and vice chair from among its members.

[6.] 7. Each member of the advisory committee serves without compensation and is not entitled to receive a per diem allowance or travel expenses.

8. If a commission has established other committees, the commission may assign the duty of an advisory committee to provide information and advice to the commission concerning the construction, installation and maintenance of benches, shelters and transit stops for passengers of public mass transportation in the county to another committee, provided that the membership of the other committee meets the requirements of paragraphs (a) and (b) of subsection 2.

Secs. 4 and 5. (Deleted by amendment.)

Sec. 6. NRS 277A.450 is hereby amended to read as follows:

277A.450 1. Notwithstanding the provisions of chapter 332 of NRS or NRS 625.530, a commission may utilize a turnkey procurement process to select a person to design, build, finance, operate and maintain, or any combination thereof, a high-capacity transit system, including, without limitation, any minimum operable segment thereof. The commission shall determine whether to utilize turnkey procurement for a high-capacity transit project before the completion of the preliminary engineering phase of the project. In making that determination, the commission shall evaluate whether turnkey procurement is the most cost-effective method of constructing the project on schedule and in satisfaction of its transportation objectives.

2. Notwithstanding the provisions of chapter 332 of NRS, a commission may utilize a competitive negotiation procurement process to procure rolling stock for a high-capacity transit project and any other equipment that is related to the project. The award of a contract under such a process must be made to the person whose proposal is determined to be the most advantageous to the commission, based on price and other factors specified in the procurement documents.

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ê2023 Statutes of Nevada, Page 399 (CHAPTER 78, AB 214)ê

3. If a commission develops a high-capacity transit project, the Department of Transportation is hereby designated to serve as the oversight agency to ensure compliance with the federal safety regulations for rail fixed guideway public transportation systems set forth in 49 C.F.R. Part [659.] 674.

4. As used in this section:

(a) “Minimum operable segment” means the shortest portion of a high-capacity transit system that is technically capable of providing viable public transportation between two end points.

(b) “Turnkey procurement” means a competitive procurement process by which a person is selected by a commission, based on evaluation criteria established by the commission, to design, build, operate and maintain, or any combination thereof, a high-capacity transit system, or a portion thereof, in accordance with performance criteria and technical specifications established by the commission.

Sec. 7. (Deleted by amendment.)

Sec. 8. 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.

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CHAPTER 79, SB 264

Senate Bill No. 264–Senators Donate; and Pazina

CHAPTER 79

[Approved: May 30, 2023]

AN ACT relating to collective bargaining; revising the provisions relating to the authority of a civilian employee of a metropolitan police department to be a member of an employee organization; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law: (1) generally requires a local government employer to engage in collective bargaining with the recognized employee organization, if any, for each bargaining unit among its employees; and (2) provides that a police officer, sheriff, deputy sheriff or other law enforcement officer may be a member of an employee organization only if such employee organization is composed exclusively of law enforcement officers. (NRS 288.140) Section 1 of this bill provides that a civilian employee of a metropolitan police department may be a member of an employee organization only if such employee organization is composed exclusively of civilian employees of a metropolitan police department. Section 2 of this bill provides that the amendatory provisions of section 1 do not apply during the current term of any collective bargaining entered into before October 1, 2023, but do apply to any extension or renewal of such an agreement and to any collective bargaining agreement entered into on or after October 1, 2023.

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ê2023 Statutes of Nevada, Page 400 (CHAPTER 79, SB 264)ê

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 288.140 is hereby amended to read as follows:

288.140 1. It is the right of every local government employee, subject to the limitations provided in subsections 3 , [and] 4 [,] and 5, to join any employee organization of the employee’s choice or to refrain from joining any employee organization. A local government employer shall not discriminate in any way among its employees on account of membership or nonmembership in an employee organization.

2. The recognition of an employee organization for negotiation, pursuant to this chapter, does not preclude any local government employee who is not a member of that employee organization from acting for himself or herself with respect to any condition of his or her employment, but any action taken on a request or in adjustment of a grievance shall be consistent with the terms of an applicable negotiated agreement, if any.

3. A police officer, sheriff, deputy sheriff or other law enforcement officer may be a member of an employee organization only if such employee organization is composed exclusively of law enforcement officers.

4. A civilian employee of a metropolitan police department which is organized pursuant to chapter 280 of NRS may be a member of an employee organization only if such employee organization is composed exclusively of civilian employees of a metropolitan police department which is organized pursuant to chapter 280 of NRS.

5. The following persons may not be a member of an employee organization:

(a) A supervisory employee described in paragraph (b) of subsection 1 of NRS 288.138, including but not limited to appointed officials and department heads who are primarily responsible for formulating and administering management, policy and programs.

(b) A doctor or physician who is employed by a local government employer.

(c) Except as otherwise provided in this paragraph, an attorney who is employed by a local government employer and who is assigned to a civil law division, department or agency. The provisions of this paragraph do not apply with respect to an attorney for the duration of a collective bargaining agreement to which the attorney is a party as of July 1, 2011.

[5.] 6. As used in this section, “doctor or physician” means a doctor, physician, homeopathic physician, osteopathic physician, chiropractic physician, practitioner of Oriental medicine, podiatric physician or practitioner of optometry, as those terms are defined or used, respectively, in NRS 630.014, 630A.050, 633.091, chapter 634 of NRS, chapter 634A of NRS, chapter 635 of NRS or chapter 636 of NRS.

Sec. 2. Insofar as they conflict with the provisions of such an agreement, the amendatory provisions of this act do not apply during the current term of any collective bargaining entered into before October 1, 2023, but do apply to any extension or renewal of such an agreement and to any collective bargaining agreement entered into on or after October 1, 2023.

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ê2023 Statutes of Nevada, Page 401ê

CHAPTER 80, AB 316

Assembly Bill No. 316–Assemblyman C.H. Miller

CHAPTER 80

[Approved: May 30, 2023]

AN ACT relating to motor vehicles; authorizing the governing body of a local government to adopt an ordinance prohibiting the unlawful possession of unregistered vehicles unfit for use; revising the penalty for the unlawful possession of unregistered vehicles unfit for use; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

With certain exceptions, existing law makes it a misdemeanor for a person to keep more than two unregistered vehicles on real property owned by or under the possession or control of the person if the vehicles are no longer intended for or in condition for lawful use on the highway. (NRS 487.290, 487.300) Sections 1 and 3 of this bill revise the penalty by providing that such an act is punishable by a civil penalty of not more than $100 for each day of the violation. Section 1 authorizes a local authority to adopt an ordinance prohibiting the same conduct and imposing a different, non-criminal penalty for such conduct. Section 1 provides that such a local ordinance applies instead of the state law prohibiting the same conduct under certain circumstances. Section 2 of this bill makes a conforming change to indicate the proper placement 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 487 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in this section, any person who violates any provisions of NRS 487.290 is liable for a civil penalty of not more than $100 for each day of the violation.

2. A local authority may adopt an ordinance prohibiting the same conduct as is prohibited by NRS 487.290. If a local authority adopts such an ordinance:

(a) The local authority may establish a different penalty for a violation of the ordinance than the penalty provided by subsection 1, except that a local authority shall not establish a criminal penalty for the violation of such an ordinance.

(b) A person who commits the conduct prohibited by NRS 487.290 within the jurisdiction of the local authority shall be subject to the provisions of the local ordinance, including, without limitation, any penalty established by the local ordinance, instead of the penalty provided by subsection 1.

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ê2023 Statutes of Nevada, Page 402 (CHAPTER 80, AB 316)ê

3. As used in this section, “local authority” means the governing board of a county, city or other political subdivision having authority to enact ordinances.

Sec. 2. NRS 487.210 is hereby amended to read as follows:

487.210 As used in NRS 487.210 to 487.300, inclusive, and section 1 of this act, unless the context otherwise requires:

1. “Abandoned vehicle” means a vehicle:

(a) If the vehicle is discovered upon public lands, that the owner has discarded.

(b) If the vehicle is discovered upon public or private property other than public lands:

(1) That the owner has discarded; or

(2) Which has not been reclaimed by the registered owner or a person having a security interest in the vehicle within 15 days after notification pursuant to NRS 487.250.

2. “Public lands” means all lands within the exterior boundaries of the State of Nevada except lands:

(a) To which title is held by any private person or entity;

(b) To which title is held by the State of Nevada, any of its local governments or the Nevada System of Higher Education;

(c) Which are located within congressionally authorized national parks, monuments, national forests or wildlife refuges or which are lands acquired by purchase consented to by the Legislature;

(d) Which are controlled by the United States Department of Defense, Department of Energy or Bureau of Reclamation; or

(e) Which are held in trust for Indian purposes or are Indian reservations.

Sec. 3. NRS 487.300 is hereby amended to read as follows:

487.300 Every person who violates any provision of NRS 487.281 [or 487.290] is guilty of a misdemeanor.

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ê2023 Statutes of Nevada, Page 403ê

CHAPTER 81, SB 501

Senate Bill No. 501–Committee on Finance

CHAPTER 81

[Approved: May 30, 2023]

AN ACT relating to programs for public personnel; establishing for the 2023-2025 biennium the subsidies to be paid to the Public Employees’ Benefits Program for insurance for certain active and retired public officers and employees; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Under existing law, the State and local governments are required to pay a portion of the cost of coverage under the Public Employees’ Benefits Program for certain active and retired public officers and employees. (NRS 287.023, 287.044, 287.0445, 287.046) Section 1 of this bill establishes the amount of the State’s share of the costs of premiums or contributions for group insurance for active state officers and employees who participate in the Public Employees’ Benefits Program. Section 2 of this bill establishes the base amount for the share of the costs of premiums or contributions for group insurance under the Program that is required to be paid by the State and local governments for retired public officers and employees. Section 2 also establishes the share of the cost of qualified medical expenses for individual Medicare insurance plans through the Program that is required to be paid by the State and local governments for retired public officers and employees.

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. 1. For the purposes of NRS 287.044 and 287.0445, the State’s share of the cost of premiums or contributions for group insurance for each active state officer or employee who elects to participate in the Public Employees’ Benefits Program is:

(a) For the Fiscal Year 2023-2024, $730.00 per month.

(b) For the Fiscal Year 2024-2025, $759.00 per month.

2. If the amount of the State’s share pursuant to this section exceeds the actual premium or contribution for the plan of the Public Employees’ Benefits Program that the state officer or employee selects, less any amount paid by the state officer or employee toward the premium or contribution, the balance must be credited to the Fund for the Public Employees’ Benefits Program created by NRS 287.0435, which may be used to pay a portion of the premiums or contributions for persons who are eligible to participate in the Public Employees’ Benefits Program through such a state officer or employee.

Sec. 2. 1. Except as otherwise provided in subsection 2, for the purposes of NRS 287.023 and 287.046, the base amount for the share of the cost of premiums or contributions for group insurance for each person who

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ê2023 Statutes of Nevada, Page 404 (CHAPTER 81, SB 501)ê

has retired with state service and continues to participate in the Public Employees’ Benefits Program to be paid by the State or a local government, as applicable, is:

(a) For the Fiscal Year 2023-2024, $515.00 per month.

(b) For the Fiscal Year 2024-2025, $545.00 per month.

2. For the purposes of NRS 287.023 and 287.046, the share of the cost of qualified medical expenses for each person who has retired with state service and whose coverage is provided through the Public Employees’ Benefits Program by an individual medical plan offered pursuant to the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., for Fiscal Year 2023-2024 and Fiscal Year 2024-2025 to be paid by the State or a local government, as applicable, is:

(a) For those persons who retired before January 1, 1994:

(1) For the Fiscal Year 2023-2024, $195.00 per month.

(2) For the Fiscal Year 2024-2025, $195.00 per month.

(b) For those persons who retired on or after January 1, 1994:

(1) For the Fiscal Year 2023-2024, $13.00 per month per year of service, up to 20 years, excluding service purchased pursuant to NRS 1A.310 or 286.300, up to a maximum of $260.00 per month.

(2) For the Fiscal Year 2024-2025, $13.00 per month per year of service, up to 20 years, excluding service purchased pursuant to NRS 1A.310 or 286.300, up to a maximum of $260.00 per month.

3. If the amount calculated pursuant to this section exceeds the actual premium or contribution for the plan of the Public Employees’ Benefits Program that the retired participant selects, the balance must be credited to the Fund for the Public Employees’ Benefits Program created by NRS 287.0435.

Sec. 3. Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after May 16, 2023.

Sec. 4. This act becomes effective on July 1, 2023.

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ê2023 Statutes of Nevada, Page 405ê

CHAPTER 82, SB 131

Senate Bill No. 131–Senators Cannizzaro, Lange, Scheible, Nguyen, Spearman; Daly, Donate, Dondero Loop, Flores, D. Harris, Neal, Ohrenschall and Pazina

Joint Sponsors: Assemblymen Anderson, Backus, Bilbray-Axelrod, Brown-May, Carter, Cohen, Considine, D’Silva, Duran, González, Gorelow, Jauregui, La Rue Hatch, Marzola, Brittney Miller, C.H. Miller, Monroe-Moreno, Mosca, Newby, Nguyen, Orentlicher, Peters, Summers-Armstrong, Taylor, Thomas, Torres, Watts and Yeager

CHAPTER 82

[Approved: May 30, 2023]

AN ACT relating to reproductive health care; prohibiting health care licensing boards from disqualifying from licensure or disciplining a person for providing or assisting in the provision of certain reproductive health care services; prohibiting the Governor from surrendering, or issuing an arrest warrant for, a person who is charged in another state with a criminal violation related to certain reproductive health care services; prohibiting state agencies from assisting in certain investigations and proceedings initiated in other states related to certain reproductive health care services; requiring certain health care licensing boards to examine the feasibility of reciprocal licensure for health care providers who provide reproductive health care services in other states; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law regulates the licensing, certification and registration of various providers of health care in this State. (Chapters 630-637B and 639-641D of NRS) Section 1 of this bill prohibits a health care licensing board from disqualifying a person from licensure or subjecting a person to discipline because he or she provided or assisted in providing certain reproductive health care services or was subject to judgment, discipline or other sanction in another state for providing or assisting in the provision of certain reproductive health care services if the reproductive health care services as provided would have been lawful and consistent with standards for the practice of the relevant profession in this State. Section 4 of this bill requires each health care licensing board that licenses providers of health care who provide certain reproductive health care services to examine the feasibility of providing reciprocal licensing to providers of health care in other states to facilitate the provision of reproductive health care services to persons from other states who seek reproductive health care services in this State.

In accordance with the Extradition Clause of Section 2 of Article IV of the United States Constitution, existing state law provides that it is the duty of the Governor to have arrested and delivered up to the executive authority of any other state any person charged in that state with treason, felony or other crime, who has fled from justice and is found in this State. (NRS 179.181) Under existing law, the Governor is also authorized, but not required, to surrender, on demand of the executive authority of any other state, any person in this State charged in the other state with committing an

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ê2023 Statutes of Nevada, Page 406 (CHAPTER 82, SB 131)ê

act in this State, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand, even though the accused was not in that state at the time of the commission of the crime, and has not thereafter fled from that state. (NRS 179.189) Section 2 of this bill prohibits the Governor from surrendering, or issuing a warrant of arrest for, a person in this State who is charged in another state with a criminal violation of the laws of that other state if the violation involves the provision or receipt of or assistance with certain reproductive health care services, unless the acts forming the basis of the prosecution of the crime would also constitute a criminal offense under the laws of this State. Section 2 excludes from this prohibition circumstances in which the executive authority of another state demands the surrender of a person who was physically present in the demanding state at the time of the commission of the alleged offense and thereafter fled from that state.

Section 3 of this bill prohibits state agencies in the Executive Department of the State Government from providing information or expending or using time, money, facilities, property, equipment, personnel or other resources in furtherance of an investigation or proceeding initiated in another state related to the provision, securing or receiving of, or any inquiry concerning, certain reproductive health care services, except under certain limited 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. Chapter 629 of NRS is hereby amended by adding thereto a new section to read as follows:

1. A health care licensing board shall not disqualify a person from licensure or subject any person to discipline solely:

(a) For providing or assisting in the provision of reproductive health care services; or

(b) As a consequence of any judgment, discipline or other sanction threatened or imposed under the laws of the District of Columbia or any state or territory of the United States for providing or assisting in the provision of reproductive health care services,

Ê if the reproductive health care services as provided would have been lawful and consistent with standards for the practice of the relevant profession in this State.

2. As used in this section:

(a) “Health care licensing board” means:

(1) A board created pursuant to chapter 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637B, 639, 640, 640A, 640B, 640C, 640D, 640E, 641, 641A, 641B, 641C or 641D of NRS.

(2) The Division of Public and Behavioral Health of the Department of Health and Human Services.

(b) “Reproductive health care services” means medical, surgical, counseling or referral services relating to the human reproductive system, including, without limitation, services relating to pregnancy, contraception, the termination of pregnancy or any procedure or

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ê2023 Statutes of Nevada, Page 407 (CHAPTER 82, SB 131)ê

care found by a competent medical professional to be appropriate based upon the wishes of a patient and in accordance with the laws of this State.

Sec. 2. Chapter 179 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Notwithstanding the provisions of NRS 179.177 to 179.235, inclusive, the Governor shall not surrender, or issue a warrant pursuant to NRS 179.191 for the arrest of, any person in this State who is charged in another state with a criminal violation of the laws of that other state if the violation alleged involves the provision or receipt of or assistance with reproductive health care services, unless the acts forming the basis of the prosecution of the crime charged would constitute a criminal offense under the laws of the State of Nevada.

2. The provisions of this section do not apply in the circumstance where a demand for the extradition of a person charged with crime in another state is made in accordance with NRS 179.183, and the person who is the subject of the demand was physically present in the demanding state at the time of the commission of the alleged offense and thereafter fled from that state.

3. As used in this section:

(a) “Reproductive health care services” means medical, surgical, counseling or referral services relating to the human reproductive system, including, without limitation, services relating to pregnancy, contraception, the termination of pregnancy or any procedure or care found by a competent medical professional to be appropriate based upon the wishes of a patient and in accordance with the laws of this State.

(b) The words and terms defined in NRS 179.179 have the meanings ascribed to them in that section.

Sec. 3. Chapter 232 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as required by the order of a court of competent jurisdiction, a state agency shall not provide any information or expend or use time, money, facilities, property, equipment, personnel or other resources in furtherance of any investigation or proceeding initiated in or by another state that seeks to impose civil or criminal liability or professional sanction upon a person or entity for:

(a) The provision, securing or receiving of, or any inquiry concerning, reproductive health care services that are legal in this State; or

(b) Any assistance given to any person or entity that relates to the provision, securing or receiving of, or any inquiry concerning, reproductive health care services that are legal in this State.

2. The provisions of subsection 1 do not apply to any investigation or proceeding where the conduct that is subject to potential liability under the investigation or proceeding initiated in or by the other state would be subject to civil or criminal liability or professional sanction under the laws of the State of Nevada, if committed in this State.

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ê2023 Statutes of Nevada, Page 408 (CHAPTER 82, SB 131)ê

3. Notwithstanding the provisions of this section, a state agency or employee, appointee, officer or other person acting on behalf of a state agency may provide information or assistance in connection with such an investigation or proceeding in response to a written request by the person who is the subject of the investigation or proceeding.

4. As used in this section:

(b) “State agency” means an agency, bureau, board, commission, department, division, officer, employee, appointee or agent or any other unit of the Executive Department.

Sec. 4. 1. Each health care licensing board that licenses providers of health care who provide reproductive health care services shall examine the feasibility of providing opportunities for reciprocity of licensure to providers of health care who provide reproductive health care services in other states to facilitate the provision of quality reproductive health care services to persons from other states who seek reproductive health care services in this State.

2. As used in this section:

(a) “Health care licensing board” has the meaning ascribed to it in section 1 of this act.

(b) “Provider of health care” has the meaning ascribed to it in NRS 629.031.

Sec. 5. This act becomes effective upon passage and approval.

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ê2023 Statutes of Nevada, Page 409ê

CHAPTER 83, AB 101

Assembly Bill No. 101–Assemblywoman González

CHAPTER 83

[Approved: May 30, 2023]

AN ACT relating to criminal procedure; requiring each office of a prosecuting attorney to maintain certain records relating to certain informants; requiring a prosecuting attorney to make certain disclosures to the defendant relating to informants; requiring a court to instruct jurors to consider certain information relating to informants; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law imposes a duty upon a prosecuting attorney and a defendant to disclose certain information before and during a trial, including, without limitation, information relating to witnesses and evidence. (NRS 174.233-174.295) Section 7 of this bill provides that if a prosecuting attorney intends to use testimony provided by an informant in a trial, the prosecuting attorney is required to disclose the following information or materials to the defendant: (1) a summary of the criminal history of the informant; (2) a copy of any cooperation agreement; (3) any benefit that has been or will be provided to the informant in exchange for his or her testimony; (4) the substance and, if known, the time and place of any statement made by the defendant to the informant that is relevant to the trial and any statement implicating the defendant that was made by the informant to a law enforcement officer; (5) details relating to any occasion on which the informant recanted his or her testimony; and (6) any other case known to the prosecuting attorney in which the informant testified in exchange for a benefit and the benefit offered or provided. Section 7 requires such disclosures to be made as soon as is practicable before a trial, but not later than 30 days before the trial, unless the court revises the deadline for making the disclosures or the court continues the trial.

Section 7 also provides that if a court finds that making the disclosures may result in substantial bodily harm to the informant, the court may order the disclosures to only be made to the attorney for the defendant, and not to the defendant or any other party. Finally, section 7 requires a court to instruct the jury to consider certain information in assessing the credibility of an informant.

Section 6 of this bill requires each office of a prosecuting attorney to maintain complete and systematic records of cases prosecuted by the office in which testimony is provided by an informant pursuant to a cooperation agreement. Sections 6 and 8 of this bill provide that such records are confidential and not considered public books or records.

Sections 3-5 of this bill define the terms “benefit,” “cooperation agreement” and “informant,” respectively, for the purposes of this bill. Section 2 of this bill makes a conforming change related to the definitions.

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 178 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

Sec. 2. As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.

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ê2023 Statutes of Nevada, Page 410 (CHAPTER 83, AB 101)ê

Sec. 3. “Benefit” means:

1. A plea bargain;

2. Any consideration of bail or conditions of release;

3. A reduction or modification of a term of sentence; or

4. Any other leniency, immunity, financial payment, reward or amelioration of the current or future conditions of any term of sentence.

Sec. 4. “Cooperation agreement” means a written agreement:

1. Between a person who is or was in jail or prison and the office of a prosecuting attorney wherein the person agrees to be an informant; and

2. Which includes, without limitation, a summary of:

(a) The testimony to be provided by the informant; and

(b) The benefit which has been or may be provided to the informant in exchange for the testimony described in paragraph (a).

Sec. 5. “Informant” means a person who:

1. Provides testimony on behalf of the State based on any statement made by a defendant while the defendant and the person were in jail or prison; and

2. Has received or will receive a benefit in connection with the provision of the testimony described in subsection 1.

Sec. 6. 1. Every office of a prosecuting attorney shall maintain complete and systematic records of any case prosecuted by the office in which testimony is provided by an informant pursuant to a cooperation agreement. The records must include, without limitation:

(a) The substance of the testimony;

(b) Any benefit that has been or will be provided to the informant in connection with the provision of the testimony; and

2. The records described in subsection 1 are confidential and are not public books or records within the meaning of NRS 239.010.

Sec. 7. 1. Except as otherwise provided in subsections 2 and 3, if a prosecuting attorney intends to use testimony provided by an informant at a trial, the prosecuting attorney shall file and serve upon the defendant the following information or material as soon as practicable, but not later than 30 days before the trial:

(a) A summary of the criminal history of the informant, including, without limitation:

(1) Any pending charges against the informant; and

(2) Any charge against the informant that was reduced or dismissed, or will be reduced or dismissed, in exchange for the testimony to be provided as part of a plea bargain;

(b) A copy of any cooperation agreement;

(c) Any benefit that has been or will be provided to the informant in connection with his or her provision of the testimony;

(d) The substance and, if known, the time and place of:

(1) Any statement that is relevant to the trial made by the defendant to the informant; and

(2) Any statement implicating the defendant in the charged offense made by the informant to a law enforcement officer;

(e) Any occasion on which the informant recanted his or her testimony that will be provided by the informant at the trial, including, without limitation:

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ê2023 Statutes of Nevada, Page 411 (CHAPTER 83, AB 101)ê

(1) The time and place of the recantation;

(2) The nature of the recantation; and

(3) The name of any person who was present at the time of the recantation; and

(f) Any other case known to the prosecuting attorney in which the informant provided testimony and the benefit offered or provided in each case.

2. A court may, upon good cause shown, implement a revised deadline for making the disclosures described in subsection 1 or, upon its own motion, continue the trial described in subsection 1, if:

(a) The informant was not known to the prosecuting attorney until after the deadline for making the disclosures described in subsection 1; and

(b) The information and materials described in subsection 1 could not have been discovered or obtained by the prosecuting attorney with the exercise of due diligence before the deadline for making the disclosures described in subsection 1.

3. If a court finds that disclosing the information and materials described in subsection 1 will result in the possibility of substantial bodily harm to the informant, the court may require the information and materials to be viewed exclusively by the attorney for the defendant, and not by the defendant or any other party.

4. In every trial in which a prosecuting attorney uses testimony provided by an informant, the court shall instruct the jury to consider the information described in paragraphs (a) to (f), inclusive, of subsection 1 in assessing the credibility of the informant.

Sec. 8. NRS 239.010 is hereby amended to read as follows:

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ê2023 Statutes of Nevada, Page 412 (CHAPTER 83, AB 101)ê

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, 414.280, 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, 629.047, 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, and section 6 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.

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ê2023 Statutes of Nevada, Page 413 (CHAPTER 83, AB 101)ê

section 6 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.

3. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.

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.

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ê2023 Statutes of Nevada, Page 414ê

CHAPTER 84, AB 154

Assembly Bill No. 154–Assemblymen Peters, Orentlicher; Anderson, Cohen and Considine

Joint Sponsor: Senator Krasner

CHAPTER 84

[Approved: May 30, 2023]

AN ACT relating to tissue donation; imposing certain requirements to ensure access to certain information concerning entities that accept living donations of birth tissue; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law prescribes rules and procedures governing anatomical gifts, which take effect after the death of the donor, for the purposes of transplantation, therapy, research or education. (NRS 451.500-451.598) This bill requires the Division of Public and Behavioral Health of the Department of Health and Human Services to publish on an Internet website a list of certain entities that accept living donations of birth tissue made in a hospital or freestanding birthing center in this State. This bill authorizes the Division to include certain other information concerning living donations of birth tissue on the Internet website. This bill requires a hospital or a physician practicing in the area of obstetrics and gynecology to provide a patient who is pregnant with a link to that Internet website or a printed copy of that list.

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 442 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The Division shall publish on an Internet website maintained by the Division a list of entities that accept living donations of birth tissue made in a hospital or freestanding birthing center in this State. To be included on the list, an entity must submit to the Division:

(a) A request that the entity be included on the list; and

(b) Proof of accreditation by the American Association of Tissue Banks, or its successor organization, for the acquisition, collection or recovery of birth tissue. Such proof must include, without limitation, the date on which the accreditation expires.

2. The Division shall remove an entity from the list published pursuant to subsection 1 on the date on which the accreditation described in paragraph (b) of subsection 1 expires, unless the entity submits to the Division proof that the accreditation has been renewed.

3. The Division may post on the Internet website maintained pursuant to subsection 1 information concerning:

(a) The manner in which a patient who is pregnant may make a living donation of birth tissue to an entity included on the list published pursuant to subsection 1; and

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ê2023 Statutes of Nevada, Page 415 (CHAPTER 84, AB 154)ê

(b) Federal and state laws and regulations governing the living donation of birth tissue.

4. A hospital or physician practicing in the area of obstetrics and gynecology shall provide to any patient who is pregnant:

(a) A link to the Internet website maintained pursuant to subsection 1; or

(b) A printed version of the list published pursuant to subsection 1 that was printed not more than 3 months before the provision of the list.

5. As used in this section:

(a) “Birth tissue” means tissue derived from a live birth.

(b) “Live birth” has the meaning ascribed to it in NRS 440.030.

Secs. 2-4. (Deleted by amendment.)

Sec. 5. 1. This section becomes effective upon passage and approval.

2. Sections 1 to 4, inclusive, of this act become effective:

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

(b) On January 1, 2024, for all other purposes.

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CHAPTER 85, AB 289

Assembly Bill No. 289–Assemblymen Carter; La Rue Hatch, C.H. Miller, Summers-Armstrong and Watts

Joint Sponsor: Senator Pazina

CHAPTER 85

[Approved: May 30, 2023]

AN ACT relating to human remains; authorizing the use of natural organic reduction for the cremation of human remains; revising various provisions relating to the disposition of human remains; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law establishes provisions for the cremation of human remains and the operation of facilities for cremation, regulated by the Nevada Funeral and Cemetery Services Board. (NRS 451.600-451.715) This bill authorizes the use of natural organic reduction for the disposition of human remains, which is defined by section 1 of this bill as the contained, accelerated conversion of human remains to soil.

Section 3 of this bill revises the definition of “cremation” to include natural organic reduction. As a result of the incorporation of natural organic reduction into this definition, certain penalty provisions for violations of various requirements governing the disposition of human remains and the licensing, permitting and certification of operators and facilities are also applicable to natural organic reduction. (Chapter 642 of NRS, NRS 451.635, 451.715) Section 9 of this bill makes a conforming change to indicate that a violation of the provisions governing natural organic reduction is subject to certain criminal penalties.

Section 6 of this bill requires containers used for natural organic reduction to consist of materials that are readily reducible by natural organic reduction.

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ê2023 Statutes of Nevada, Page 416 (CHAPTER 85, AB 289)ê

Section 5 of this bill authorizes the Board to adopt regulations governing natural organic reduction.

Existing law imposes restrictions on where crematories in certain cities and towns may be located, but provides an exception for crematories proposing to cremate human remains only using alkaline hydrolysis if the board of county commissioners of the county or the governing body of the city or town, as applicable, provides written notice to the Board consenting to the proposed location. (NRS 451.635) Section 4 of this bill adds crematories proposing to cremate human remains using only natural organic reduction to this exception.

Existing law requires cremated remains for certain disposition be reduced to particles no larger than one-eighth of an inch. (NRS 451.700) Section 8 of this bill exempts the soil resulting from natural organic reduction from this size requirement.

Section 7 of this bill makes a conforming change to account for the inclusion of natural organic reduction, and the soil resulting from it, in the definition of cremation.

Section 2 of this bill makes a conforming change to indicate the proper placement 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 451 of NRS is hereby amended by adding thereto a new section to read as follows:

“Natural organic reduction” means the contained, accelerated conversion of human remains to soil.

Sec. 2. NRS 451.600 is hereby amended to read as follows:

451.600 As used in NRS 451.600 to 451.715, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 451.605 to 451.630, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

Sec. 3. NRS 451.617 is hereby amended to read as follows:

451.617 “Cremation” means the technical process that reduces human remains to bone fragments or soil by using alkaline hydrolysis , [or] incineration [.] or natural organic reduction.

Sec. 4. NRS 451.635 is hereby amended to read as follows:

451.635 1. No person may cremate human remains except in a crematory whose operator is licensed by the Nevada Funeral and Cemetery Services Board.

2. The licensed operator of a crematory shall ensure that all persons physically operating the crematory equipment have completed a crematory certification program approved by the Board and maintain proof of completion of the program at the site where the crematory equipment operated by the person is located. Such proof of completion must be made available to the Board upon request or as part of any inspection or investigation conducted by the Board.

3. Except as otherwise provided in subsection 4, if a crematory is proposed to be located in an incorporated city whose population is 60,000 or more or in an unincorporated town that is contiguous to such an incorporated city, the Board shall not issue a license to the applicant unless the proposed location of all structures associated with the crematory are:

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ê2023 Statutes of Nevada, Page 417 (CHAPTER 85, AB 289)ê

(a) In an area which is zoned for mixed, commercial or industrial use; and

(b) At least 1,500 feet from the boundary line of any parcel zoned for residential use.

4. If a crematory proposes to cremate human remains only through alkaline hydrolysis [,] or natural organic reduction, the Board may issue a license to the applicant regardless of the location if the board of county commissioners of the county or the governing body of the city or town, as applicable, in which the crematory is proposed to be located provides written notice to the Board consenting to the proposed location of the crematory.

5. The Board shall prescribe and furnish forms for application for licensing. An application must be in writing and contain:

(a) The name and address of the applicant and the location or proposed location of the crematory;

(b) A description of the structure and equipment to be used in operating the crematory; and

6. An application must be signed by the applicant personally, by one of the partners if the applicant is a partnership, or by an authorized officer if the applicant is a corporation or other form of business organization.

7. The Board shall examine the structure and equipment and, if applicable, the location and shall issue the license if:

(a) It appears that the proposed operation will meet the requirements of NRS 451.600 to 451.715, inclusive , [;] and section 1 of this act; and

(b) The applicant has paid all fees related to the application.

8. If the ownership of a crematory is to be changed, the proposed operator shall apply for licensing at least 30 days before the change.

Sec. 5. NRS 451.640 is hereby amended to read as follows:

451.640 1. The Nevada Funeral and Cemetery Services Board shall adopt regulations for the administration of NRS 451.600 to 451.715, inclusive [.] , and section 1 of this act. Unless governed by the regulations of the State Board of Health, the regulations of the Nevada Funeral and Cemetery Services Board must include, without limitation:

(a) The conditions under which the remains of a person who has died from a communicable or otherwise dangerous disease may be transported to a crematory for cremation; and

(b) The minimum standards for sanitation, required equipment and protection from fire.

2. The Nevada Funeral and Cemetery Services Board may bring legal proceedings to enjoin any person who violates any provision of NRS 451.600 to 451.715, inclusive, and section 1 of this act, any regulation adopted pursuant thereto or any order of the Board from operating a crematory. Any person who is so enjoined is liable to the Board for attorney’s fees and court costs.

3. The Board may adopt regulations prescribing requirements for the conduct of natural organic reduction.

Sec. 6. NRS 451.670 is hereby amended to read as follows:

451.670 1. No operator of a crematory may require that human remains be placed in a casket, or refuse to accept human remains for cremation because they are not in a casket.

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ê2023 Statutes of Nevada, Page 418 (CHAPTER 85, AB 289)ê

2. The container used must:

(a) Consist of [readily] :

(1) Readily combustible materials [or, if alkaline hydrolysis will be used to cremate the human remains, materials] if incineration will be used to cremate the human remains;

(2) Materials that are readily dissolvable by alkaline hydrolysis [;] , if alkaline hydrolysis will be used to cremate the human remains; or

(3) Materials that are readily reducible by natural organic reduction if natural organic reduction will be used to cremate the human remains;

(b) Cover the human remains completely when closed;

(d) Be rigid enough for easy handling or, if alkaline hydrolysis will be used to cremate the human remains, be properly supported during transport; and

(e) Protect the health and safety of employees of the operator.

3. Unless otherwise ordered in writing by the agent, the operator shall incinerate , [or] dissolve or reduce the container, as applicable, as the remains are cremated.

Sec. 7. NRS 451.680 is hereby amended to read as follows:

451.680 1. The agent, or the person charged with arranging for disposition of the body of a person who has ordered his or her own cremation, shall ensure that any artificial device that would be dangerous if [incinerated or subjected to alkaline hydrolysis, as applicable,] cremated is removed from the human remains before their cremation. If he or she is unable to arrange for its removal before the remains are delivered to a crematory, he or she shall inform the operator of the crematory.

2. The space within a crematory where cremation takes place must be enclosed and must not be used for any other purpose than the cremation of human remains. Immediately before a container is placed in this chamber, the identification of the human remains within it must be verified by the operator and any identifying document or label for the urn must be removed from the container and kept near the control panel until cremation is complete.

3. Upon the completion of cremation, the operator shall:

(a) Remove the recoverable residue from the chamber;

(b) Place the bone fragments or soil, as applicable, in an urn with proper identification and insofar as practicable place no other material with them unless authorized by the agent; and

4. If the cremated remains will not fit in the urn selected by the agent, the operator of the crematory shall hold the remains until the agent selects an urn or urns in which the remains will fit.

Sec. 8. NRS 451.700 is hereby amended to read as follows:

451.700 1. Except as otherwise provided in subsection 2 or authorized by the agent who ordered the cremation, no person may:

(a) Scatter cremated remains in such a manner or location that the remains are commingled with those of another person; or

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ê2023 Statutes of Nevada, Page 419 (CHAPTER 85, AB 289)ê

(b) Place the cremated remains of more than one person in the same urn unless the persons are friends or members of the same family and the urn is designed for the remains of more than one person.

2. Cremated remains may be scattered at sea or over a public waterway, or by air, from individual closed vessels, or scattered in an area of a dedicated cemetery from which there is no means of location or recovery and which is used exclusively for this purpose.

3. Cremated remains may be disposed of in any manner upon private property if the agent who ordered the cremation so directs and the owner of the property consents in writing.

4. Cremated remains for disposition pursuant to subsection 2 or 3 , except soil resulting from natural organic reduction, must be, and any other cremated remains may be, reduced to particles no larger than 1/8 of an inch.

Sec. 9. NRS 451.715 is hereby amended to read as follows:

451.715 1. It is unlawful for any person to:

(a) Hold himself or herself out to the public as the operator of a crematory without being licensed pursuant to NRS 451.635;

(b) Sign an order for cremation knowing that the order contains incorrect information; or

(c) Violate any other provision of NRS 451.600 to 451.715, inclusive, and section 1 of this act, any regulation adopted pursuant thereto or any order of the Nevada Funeral and Cemetery Services Board.

2. It is unlawful for the operator of a crematory to perform a cremation without an order signed by a person authorized to order the cremation pursuant to NRS 451.024 or 451.655.

3. If a crematory is operated in this State in violation of any provision of NRS 451.600 to 451.715, inclusive, and section 1 of this act, any regulation adopted pursuant thereto or any order of the Nevada Funeral and Cemetery Services Board, the crematory is a public nuisance and may be abated as such.

Sec. 10. 1. This section becomes effective upon passage and approval.

2. Sections 1 to 9 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 January 1, 2024, for all other purposes.

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ê2023 Statutes of Nevada, Page 420ê

CHAPTER 86, AB 311

Assembly Bill No. 311–Assemblymen Bilbray-Axelrod; Gray, Taylor and Thomas

CHAPTER 86

[Approved: May 30, 2023]

AN ACT relating to health care; authorizing a hospital to enter into an agreement with the Armed Forces of the United States for the provision of care by a person who is not licensed to provide care under certain circumstances; exempting certain federal employees who provide care within the scope of their official duties from requirements governing the licensure and regulation of certain health professionals; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law authorizes a hospital in this State to enter into an agreement with the Armed Forces of the United States to authorize a medical officer to provide medical care in the hospital if: (1) the medical officer holds a valid license in the District of Columbia or any state or territory of the United States; and (2) the medical care is provided as part of a training or educational program for the medical officer. (NRS 449.2455) Section 2 of this bill additionally authorizes a hospital to enter into an agreement with the Armed Forces of the United States to authorize an unlicensed person who provides care under authority granted by the Federal Government to provide such care in the hospital: (1) in his or her official capacity; (2) within the scope of practice authorized by the Federal Government; and (3) as part of a training or educational program. Sections 1 and 2 of this bill additionally authorize a hospital to enter into an agreement with the Armed Forces of the United States to authorize a surgical technologist who does not meet the requirements to practice surgical technology in this State to practice surgical technology in the hospital under similar circumstances. Sections 3-7 of this bill exempt a person who provides care as part of his or her official duties as a federal employee, including a person providing care in a hospital under an agreement with the Armed Forces of the United States pursuant to section 2, from provisions governing the licensure and regulation of certain health professionals in this State.

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 449.24185 is hereby amended to read as follows:

449.24185 Except as otherwise provided in this section and NRS 449.0301 , [and] 449.24195 [:] and 449.2455:

1. A health care facility may not employ or otherwise allow a person to engage in the practice of surgical technology at the health care facility unless the person has:

(a) Successfully completed a program for surgical technologists that is accredited by a national accrediting organization and is certified as a Certified Surgical Technologist by the National Board of Surgical Technology and Surgical Assisting or a successor organization;

(b) Successfully completed a training program for surgical technologists administered by the United States Public Health Service, Army, Navy, Air Force, Marine Corps or Coast Guard; or

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ê2023 Statutes of Nevada, Page 421 (CHAPTER 86, AB 311)ê

2. A health care facility may employ or otherwise allow a person who has successfully completed a program for surgical technologists that is accredited by a national accrediting organization but who is not certified as a Certified Surgical Technologist pursuant to paragraph (a) of subsection 1 to engage in the practice of surgical technology at the health care facility for 180 days after the date on which the person successfully completed the program.

3. A health care facility may employ a person who does not possess the qualifications prescribed by subsection 1 to engage in the practice of surgical technology at the health care facility if, after conducting a thorough and diligent search, the health care facility is unable to employ a sufficient number of surgical technologists who possess such qualifications. A health care facility may continue to employ such a person after the health care facility determines it is able to employ a sufficient number of surgical technologists who possess such qualifications.

Sec. 2. NRS 449.2455 is hereby amended to read as follows:

449.2455 1. A hospital may enter into an agreement with the Armed Forces of the United States to authorize [a] :

(a) A medical officer to provide medical care in the hospital if:

[(a)] (1) The medical officer holds a valid license in good standing to provide such medical care in the District of Columbia or any state or territory of the United States;

[(b)] (2) The medical care is provided as part of a training or educational program designed to further the employment of the medical officer; and

[(c)] (3) The agreement complies with the provisions of 10 U.S.C. § 1094 and any regulations or guidelines adopted pursuant thereto.

(b) An unlicensed federal medical provider to provide care for which a license, certificate or registration is otherwise required pursuant to chapter 630, 631, 632, 633, 635, 639, 640, 652 or 653 of NRS at the hospital:

(1) In his or her official capacity and within the scope of practice authorized by the Federal Government; and

(2) As part of a training or educational program.

(c) A federal surgical technologist who does not meet the requirements of NRS 449.24185 to engage in the practice of surgical technology at the hospital:

(1) In his or her official capacity and within the scope of practice authorized by the Federal Government; and

(2) As part of a training or educational program.

2. As used in this section [, “medical] :

(a) “Federal surgical technologist” means a surgical technologist who engages in the practice of surgical technology pursuant to authority granted by the Federal Government.

(b) “Medical officer” includes any physician, nurse, dentist or other health care professional who is employed by the Armed Forces of the United States or a reserve component thereof.

(d) “Surgical technologist” has the meaning ascribed to it in NRS 449.24175.

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ê2023 Statutes of Nevada, Page 422 (CHAPTER 86, AB 311)ê

(e) “Unlicensed federal medical provider” means a pharmaceutical technician who is not registered pursuant to chapter 639 of NRS and provides care pursuant to authority granted by the Federal Government or a person who does not hold a license or certificate issued pursuant to chapter 630, 631, 632, 633, 635, 640, 652 or 653 of NRS and provides care pursuant to such authority. The term:

(1) Includes, without limitation, a person who does not hold any license or certificate issued by a licensing authority in the District of Columbia or any state or territory of the United States.

(2) Does not include a health-care professional, as defined in 10 U.S.C. § 1094.

Sec. 3. 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] nursing by any person who is employed by the United States Government, or any bureau, division or 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.

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ê2023 Statutes of Nevada, Page 423 (CHAPTER 86, AB 311)ê

agency thereof that has been issued a license pursuant to chapter 449 of NRS and the regulations adopted pursuant thereto.

Ê 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.

Ê As used in this subsection, “supported living arrangement services” has the meaning ascribed to it in NRS 435.3315.

Sec. 4. NRS 639.018 is hereby amended to read as follows:

639.018 1. The provisions of this chapter and any regulations adopted pursuant thereto do not apply to [a] :

(a) A veterinary biologic product that is:

[(a)] (1) Licensed for production under a product license; and

[(b)] (2) Directly marketed by a manufacturing facility holding an establishment license for administration to livestock.

(b) A pharmaceutical technician of the Armed Forces of the United States or a pharmaceutical technician of any division or department of the United States in the discharge of his or her official duties, including, without limitation, providing care in a hospital in accordance with an agreement entered into pursuant to NRS 449.2455.

2. As used in this section:

(a) “Establishment license” means a U. S. Veterinary Biologics Establishment License issued by the Administrator of the Animal and Plant Health Inspection Service of the United States Department of Agriculture pursuant to the Virus-Serum-Toxin Act, 21 U.S.C. §§ 151 to 159, inclusive, and any amendments to or replacements of the Act, and any regulations adopted pursuant to the Act.

(b) “Livestock” has the meaning ascribed to it in subsections 1 and 3 to 6, inclusive, of NRS 571.022.

(c) “Product license” means a U. S. Veterinary Biological Product License issued by the Administrator of the Animal and Plant Health Inspection Service of the United States Department of Agriculture pursuant to the Virus-Serum-Toxin Act, 21 U.S.C. §§ 151 to 159, inclusive, and any amendments to or replacements of the Act, and any regulations adopted pursuant to the Act.

(d) “Veterinary biologic product” has the meaning ascribed to “biological product” in 9 C.F.R. § 101.2.

Sec. 5. NRS 640.029 is hereby amended to read as follows:

640.029 1. This chapter does not apply to:

(a) A provider of health care who:

(1) Is licensed to practice in this state;

(2) Practices within the scope of that license; and

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ê2023 Statutes of Nevada, Page 424 (CHAPTER 86, AB 311)ê

(3) Does not use any letters, words or insignia listed in NRS 640.170 or 640.175 in connection with his or her name or otherwise represent that he or she is a physical therapist or physical therapist assistant, or that he or she practices physical therapy; [or]

(b) A physical therapist who is temporarily exempt from licensure pursuant to NRS 640.135 and is practicing physical therapy within the scope of the exemption [.] ; or

(c) A physical therapist, physical therapist assistant or physical therapist technician of the Armed Forces of the United States or a physical therapist, physical therapist assistant or physical therapist technician of any division or department of the United States in the discharge of his or her official duties, including, without limitation, providing care in a hospital in accordance with an agreement entered into pursuant to NRS 449.2455.

2. As used in this section, “provider of health care” has the meaning ascribed to it in NRS 629.031.

Sec. 6. Chapter 652 of NRS is hereby amended by adding thereto a new section to read as follows:

The provisions of this chapter do not apply to a laboratory director or laboratory personnel of the Armed Forces of the United States or a laboratory director or laboratory personnel of any division or department of the United States in the discharge of his or her official duties, including, without limitation, providing care in a hospital in accordance with an agreement entered into pursuant to NRS 449.2455.

Sec. 7. NRS 653.430 is hereby amended to read as follows:

653.430 The provisions of this chapter do not apply to:

1. A physician or physician assistant licensed pursuant to chapter 630 or 633 of NRS.

2. A dentist, dental hygienist or dental therapist licensed pursuant to chapter 631 of NRS or a dental assistant working within the scope of his or her employment under the direct supervision of a dentist.

3. A chiropractic physician or chiropractic assistant licensed pursuant to chapter 634 of NRS.

4. A person training to become a chiropractic assistant or a student practicing in the preceptor program established by the Chiropractic Physicians’ Board of Nevada pursuant to NRS 634.1375.

5. A podiatric physician or podiatry hygienist licensed pursuant to chapter 635 of NRS, or a person training to be a podiatry hygienist.

6. A veterinarian or veterinary technician licensed pursuant to chapter 638 of NRS or any other person performing tasks under the supervision of a veterinarian or veterinary technician as authorized by regulation of the Nevada State Board of Veterinary Medical Examiners.

7. The performance of mammography in accordance with NRS 457.182 to 457.187, inclusive.

8. Any employee of the Armed Forces of the United States or any division or department of the United States who engages in radiologic imaging or radiation therapy in the discharge of his or her official duties, including, without limitation, while providing care in a hospital in accordance with an agreement entered into pursuant to NRS 449.2455.

Sec. 8. This act becomes effective upon passage and approval.

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ê2023 Statutes of Nevada, Page 425ê

CHAPTER 87, AB 318

Assembly Bill No. 318–Assemblymen Nguyen, González; Brown-May, Cohen, D’Silva, Gallant, Gorelow, Hibbetts, Koenig, La Rue Hatch, Mosca, Newby, Summers-Armstrong and Taylor

Joint Sponsors: Senators Donate and Pazina

CHAPTER 87

[Approved: May 30, 2023]

AN ACT relating to medicine; revising the account in which proceeds from certain penalties are deposited; revising certain procedures relating to the expiration of a license to practice medicine; requiring a physician assistant, practitioner of respiratory care or perfusionist or the insurer of such a person to report certain information relating to an action or claim of malpractice to the Board of Medical Examiners; providing administrative penalties; requiring the Board to investigate a physician assistant, practitioner of respiratory care or perfusionist in certain circumstances; authorizing the Board to examine such a person under certain circumstances; increasing the maximum amount of certain fines; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law authorizes the Board of Medical Examiners to impose upon a person a fine not to exceed $5,000 for each violation committed by the person that constitutes grounds for disciplinary action against the person. (NRS 630.352) Existing law additionally requires that all money received by the Board from penalties be deposited with the State Treasurer for credit to the State General Fund. (NRS 630.110) Section 1 of this bill requires that all money from penalties be credited to an account in the State Treasury, selected by the State Treasurer and requires that the money in the account be used to support the improvement of health care or the practice of medicine in this State. Section 5.5 of this bill increases the maximum amount of the fine that the Board is authorized to impose for a violation that constitutes grounds for disciplinary action to $10,000 for each such violation.

Existing law requires the holder of a license to practice medicine to submit a registration fee and certain information to the Board on or before June 30, or if June 30 is a Saturday, Sunday or legal holiday, on the next business day after June 30, of each odd-numbered year. Existing law requires the Board to make reasonable attempts to notify a licensee: (1) at least once that the fee for biennial registration and the required information are due; and (2) that his or her license has expired. Existing law requires the Board to send a copy of such notice to the Drug Enforcement Administration of the United States Department of Justice. (NRS 630.267) Section 1.5 of this bill requires the Board to provide notice to the holder of a license to practice medicine at least 60 days before the scheduled expiration of the license: (1) that the fees and required information are due; and (2) of the date on which the license is scheduled to expire. After such a license expires, section 1.5 requires the Board to make reasonable attempts to notify the licensee of the expiration. Section 1.5 also removes the requirement for the Board to provide a copy of each notice to the Drug Enforcement Administration and instead requires the Board to provide a list of expired licenses to the Drug Enforcement Administration and the State Board of Pharmacy.

Existing law requires a physician and the insurer of a physician to report to the Board any: (1) action for malpractice against the physician; (2) claim for malpractice against the physician that is submitted to arbitration or mediation; or (3) settlement, award, judgment or other disposition of such an action or claim. (NRS 630.3067, 630.3068) Existing law additionally requires a physician to report to the Board any sanctions imposed against the physician that are reportable to the National Practitioner Data Bank.

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ê2023 Statutes of Nevada, Page 426 (CHAPTER 87, AB 318)ê

sanctions imposed against the physician that are reportable to the National Practitioner Data Bank. (NRS 630.3068) Existing law authorizes the imposition of an administrative penalty against an insurer or physician that fails to report the required information. (NRS 630.3067, 630.3068) After receiving a report from an insurer or physician indicating that a judgment has been rendered or that such an action or claim has been resolved by settlement, existing law requires the Board to conduct an investigation to determine whether to impose disciplinary action against the physician, unless such an investigation has already commenced or been completed. (NRS 630.3069) Upon receiving such a report or determining that the conduct of a physician has raised a reasonable question as to his or her competence to practice medicine, existing law authorizes the Board to order the physician to undergo certain examinations to determine the fitness of the physician to practice medicine. (NRS 630.318) Sections 2-5 of this bill make those provisions additionally applicable to physician assistants, practitioners of respiratory care and perfusionists.

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 630.110 is hereby amended to read as follows:

630.110 1. Out of the money coming into the possession of the Board, each member and advisory member of the Board is entitled to receive:

(a) A salary of not more than $150 per day, as fixed by the Board, while engaged in the business of the Board; and

(b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

2. While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

3. Expenses of the Board and the expenses and salaries of its members and employees must be paid from the fees received by the Board pursuant to the provisions of this chapter, and no part of the salaries or expenses of the Board may be paid out of the State General Fund or from the penalties imposed by the Board pursuant to this chapter.

4. All money received by the Board from:

(a) Fees must be deposited in financial institutions in this State that are federally insured or insured by a private insurer pursuant to NRS 672.755, invested in treasury bills or notes of the United States, deposited in institutions in this State whose business is the making of investments, or invested as authorized by NRS 355.140.

(b) Penalties must be deposited with the State Treasurer for credit to [the State General Fund.] an account in the State Treasury, selected by the State Treasurer. The money in the account must be used to support the improvement of health care or the practice of medicine in this State.

Sec. 1.5. NRS 630.267 is hereby amended to read as follows:

630.267 1. Each holder of a license to practice medicine must, on or before June 30, or if June 30 is a Saturday, Sunday or legal holiday, on the next business day after June 30, of each odd-numbered year:

(a) Submit a list of all actions filed or claims submitted to arbitration or mediation for malpractice or negligence against him or her during the previous 2 years.

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ê2023 Statutes of Nevada, Page 427 (CHAPTER 87, AB 318)ê

(b) Pay to the Secretary-Treasurer of the Board the applicable fee for biennial registration. This fee must be collected for the period for which a physician is licensed.

2. When a holder of a license fails to pay the fee for biennial registration and submit all information required to complete the biennial registration after they become due, his or her license to practice medicine in this State expires. The holder may, within 2 years after the date the license expires, upon payment of twice the amount of the current fee for biennial registration to the Secretary-Treasurer and submission of all information required to complete the biennial registration and after he or she is found to be in good standing and qualified under the provisions of this chapter, be reinstated to practice.

3. [The] Not later than 60 days before a license is scheduled to expire, the Board shall make such reasonable attempts as are practicable to notify [a] the licensee:

(a) At least once that the fee for biennial registration and all information required to complete the biennial registration are due; and

(b) [That] The date on which his or her license [has expired.

Ê A copy of this notice must be sent] is scheduled to expire.

4. After a license expires, the Board shall make such reasonable attempts as are practicable to notify the holder of the license that his or her license has expired.

5. Not later than September 30 of each odd-numbered year, the Board shall provide a list of licenses to practice medicine that have expired during that year to the Drug Enforcement Administration of the United States Department of Justice or its successor agency [.] and the State Board of Pharmacy.

Sec. 2. NRS 630.3067 is hereby amended to read as follows:

630.3067 1. The insurer of a physician , physician assistant, practitioner of respiratory care or perfusionist licensed under this chapter shall report to the Board:

(a) Any action for malpractice against the physician , physician assistant, practitioner of respiratory care or perfusionist not later than 45 days after the physician , physician assistant, practitioner of respiratory care or perfusionist receives service of a summons and complaint for the action;

(b) Any claim for malpractice against the physician , physician assistant, practitioner of respiratory care or perfusionist that is submitted to arbitration or mediation not later than 45 days after the claim is submitted to arbitration or mediation; and

(c) Any settlement, award, judgment or other disposition of any action or claim described in paragraph (a) or (b) not later than 45 days after the settlement, award, judgment or other disposition.

2. The Board shall report any failure to comply with subsection 1 by an insurer licensed in this State to the Division of Insurance of the Department of Business and Industry. If, after a hearing, the Division of Insurance determines that any such insurer failed to comply with the requirements of subsection 1, the Division may impose an administrative fine of not more than $10,000 against the insurer for each such failure to report. If the administrative fine is not paid when due, the fine must be recovered in a civil action brought by the Attorney General on behalf of the Division.

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ê2023 Statutes of Nevada, Page 428 (CHAPTER 87, AB 318)ê

Sec. 3. NRS 630.3068 is hereby amended to read as follows:

630.3068 1. A physician , physician assistant, practitioner of respiratory care or perfusionist shall report to the Board:

(c) Any settlement, award, judgment or other disposition of any action or claim described in paragraph (a) or (b) not later than 45 days after the settlement, award, judgment or other disposition [;] , including, without limitation, any amount paid to resolve the claim; and

(d) Any sanctions imposed against the physician , physician assistant, practitioner of respiratory care or perfusionist that are reportable to the National Practitioner Data Bank not later than 45 days after the sanctions are imposed.

2. If the Board finds that a physician , physician assistant, practitioner of respiratory care or perfusionist has violated any provision of this section, the Board may impose a fine of not more than $5,000 against the physician , physician assistant, practitioner of respiratory care or perfusionist for each violation, in addition to any other fines or penalties permitted by law.

3. All reports made by a physician , physician assistant, practitioner of respiratory care or perfusionist pursuant to this section are public records.

Sec. 4. NRS 630.3069 is hereby amended to read as follows:

630.3069 If the Board receives a report pursuant to the provisions of NRS 630.3067, 630.3068 or 690B.250 indicating that a judgment has been rendered or an award has been made against a physician , physician assistant, practitioner of respiratory care or perfusionist regarding an action or claim for malpractice or that such an action or claim against the physician , physician assistant, practitioner of respiratory care or perfusionist has been resolved by settlement, the Board shall conduct an investigation to determine whether to impose disciplinary action against the physician , physician assistant, practitioner of respiratory care or perfusionist regarding the action or claim, unless the Board has already commenced or completed such an investigation regarding the action or claim before it receives the report.

Sec. 5. NRS 630.318 is hereby amended to read as follows:

630.318 1. If the Board or any investigative committee of the Board has reason to believe that the conduct of any physician , physician assistant, practitioner of respiratory care or perfusionist has raised a reasonable question as to his or her competence to practice medicine , respiratory care or perfusion or practice as a physician assistant, as applicable, with reasonable skill and safety to patients, or if the Board has received a report pursuant to the provisions of NRS 630.3067, 630.3068 or 690B.250 indicating that a judgment has been rendered or an award has been made against a physician , physician assistant, practitioner of respiratory care or perfusionist regarding an action or claim for malpractice or that such an action or claim against the physician , physician assistant, practitioner of respiratory care or perfusionist has been resolved by settlement, the Board or committee may order that the physician , physician assistant, practitioner of respiratory care or perfusionist undergo a mental or physical examination, an examination testing his or her competence to practice medicine , respiratory care or perfusion or practice as a physician assistant, as applicable, or any other examination designated by the Board to assist the Board or committee in determining the fitness of the physician , physician assistant, practitioner of respiratory care or perfusionist to practice medicine [.]

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ê2023 Statutes of Nevada, Page 429 (CHAPTER 87, AB 318)ê

respiratory care or perfusionist has been resolved by settlement, the Board or committee may order that the physician , physician assistant, practitioner of respiratory care or perfusionist undergo a mental or physical examination, an examination testing his or her competence to practice medicine , respiratory care or perfusion or practice as a physician assistant, as applicable, or any other examination designated by the Board to assist the Board or committee in determining the fitness of the physician , physician assistant, practitioner of respiratory care or perfusionist to practice medicine [.] , respiratory care or perfusion or practice as a physician assistant, as applicable.

2. For the purposes of this section:

(a) Every physician , physician assistant, practitioner of respiratory care or perfusionist who applies for a license or who is licensed under this chapter shall be deemed to have given consent to submit to a mental or physical examination or an examination testing his or her competence to practice medicine , respiratory care or perfusion or practice as a physician assistant, as applicable, when ordered to do so in writing by the Board or an investigative committee of the Board.

(b) The testimony or reports of a person who conducts an examination of a physician , physician assistant, practitioner of respiratory care or perfusionist on behalf of the Board or an investigative committee of the Board pursuant to this section are not privileged communications.

3. Except in extraordinary circumstances, as determined by the Board, the failure of a physician , physician assistant, practitioner of respiratory care or perfusionist licensed under this chapter to submit to an examination when directed as provided in this section constitutes an admission of the charges against the physician [.] , physician assistant, practitioner of respiratory care or perfusionist.

Sec. 5.5. NRS 630.352 is hereby amended to read as follows:

630.352 1. Any member of the Board, other than a member of an investigative committee of the Board who participated in any determination regarding a formal complaint in the matter or any member serving on a panel of the Board at the hearing of the matter, may participate in an adjudication to obtain the final order of the Board. At the adjudication, the Board shall consider any findings of fact and conclusions of law submitted after the hearing and shall allow:

(a) Counsel for the Board to present a disciplinary recommendation and argument in support of the disciplinary recommendation subject to the provisions of NRS 622A.200 and 622A.210;

(b) The respondent or counsel of the respondent to present a disciplinary recommendation and argument in support of the disciplinary recommendation; and

(c) The complainant in the matter to make a statement to the Board regarding the disciplinary recommendations by the parties and to address the effect of the respondent’s conduct upon the complainant or the patient involved, if other than the complainant.

Ê The Board may limit the time within which the parties and the complainant may make their arguments and statements.

2. At the conclusion of the presentations of the parties and the complainant, the Board shall deliberate and may by a majority vote impose discipline based upon the findings of fact and conclusions of law and the presentations of the parties and the complainant.

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ê2023 Statutes of Nevada, Page 430 (CHAPTER 87, AB 318)ê

3. If, in the findings of fact and conclusions of law, the Board, hearing officer or panel of the Board determines that no violation has occurred, the Board shall dismiss the charges, in writing, and notify the respondent that the charges have been dismissed.

4. Except as otherwise provided in subsection 5, if the Board finds that a violation has occurred, it shall by order take one or more of the following actions:

(a) Place the person on probation for a specified period on any of the conditions specified in the order;

(b) Administer a written public reprimand to the person;

(d) Suspend the person’s license for a specified period or until further order of the Board;

(e) Revoke the person’s license;

(f) Require the person to participate in a program to correct an alcohol or other substance use disorder or any other impairment;

(g) Require supervision of the person’s practice;

(h) Impose a fine not to exceed [$5,000] $10,000 for each violation;

(i) Require the person to perform community service without compensation;

(j) Require the person to take a physical or mental examination or an examination testing his or her competence; and

(k) Require the person to fulfill certain training or educational requirements.

5. If the Board finds that the respondent has violated the provisions of NRS 439B.425, the Board shall suspend the respondent’s license for a specified period or until further order of the Board.

6. The Board shall not administer a private reprimand if the Board finds that a violation has occurred.

7. Within 30 days after the conclusion of the adjudication by the Board, the Board shall issue a final order, certified by the Secretary-Treasurer of the Board, that imposes discipline and incorporates the findings of fact and conclusions of law obtained from the hearing. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Sec. 6. 1. The provisions of NRS 630.3067, 630.3068, 630.3069 and 630.318, as amended by sections 2 to 5, inclusive, of this act, apply to any activity described in those sections which occurs on or after January 1, 2024, or is ongoing on January 1, 2024, regardless of when the relevant conduct of a physician assistant, practitioner of respiratory care or perfusionist occurred.

2. The amendatory provisions of section 5.5 of this act apply only to fines for violations that occur on or after January 1, 2024.

Sec. 7. 1. This section becomes effective upon passage and approval.

2. Sections 1 to 6, inclusive, of this act become effective:

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

(b) On January 1, 2024, for all other purposes.

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ê2023 Statutes of Nevada, Page 431ê

CHAPTER 88, AB 343

Assembly Bill No. 343–Assemblyman C.H. Miller

CHAPTER 88

[Approved: May 30, 2023]

AN ACT relating to occupational therapy; authorizing the Board of Occupational Therapy to issue a license by reciprocity as an occupational therapist or occupational therapy assistant; authorizing the Board to issue certain citations to licensees for certain violations; revising the qualifications for a person to obtain a license as an occupational therapist or occupational therapy assistant; providing a salary for members of the Board; revising various provisions relating to licensing occupational therapists or occupational therapy assistants; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law provides for the licensure and regulation of occupational therapists and occupational therapy assistants by the Board of Occupational Therapy. (Chapter 640A of NRS) Existing law requires a person to meet certain requirements to obtain a license as an occupational therapist or occupational therapy assistant, including the satisfaction of certain educational requirements in a program approved by the Board, the successful completion of a certain amount of fieldwork experience approved by the Board and the passage of an examination approved by the Board. (NRS 640A.120) Section 8 of this bill revises those requirements to instead require, with certain exceptions, a person who wishes to obtain a license as an occupational therapist or occupational therapy assistant to: (1) pass an examination on the laws and regulations governing the practice of occupational therapy in this State approved by the Board pursuant to section 10 of this bill; and (2) hold a current certification as an occupational therapist or occupational therapy assistant, as applicable, with the National Board for Certification in Occupational Therapy, or its successor organization. Section 5 of this bill revises a reference to the educational program required for licensure to reflect the changes made by section 8. Section 19 of this bill repeals provisions concerning the issuance of certain licenses to conform to the changes made by section 8.

Existing law authorizes the issuance of a license by endorsement as an occupational therapist to an applicant who holds a valid and unrestricted license as an occupational therapist in the District of Columbia or any state or territory of the United States and who meets certain other requirements. (NRS 640A.165, 640A.166) Section 2 of this bill authorizes the Board to issue a license by reciprocity as an occupational therapist or occupational therapy assistant to a person who holds a valid and unrestricted license as an occupational therapist or occupational therapy assistant, as applicable, in any state that is a member of the Occupational Therapy Licensure Compact and who meets certain other requirements. Sections 2, 11 and 12 of this bill require an applicant for a licensure by endorsement or by reciprocity to meet the requirements set forth in section 8.

Existing law authorizes the Board to issue a temporary license to a person who meets the qualifications for licensure as an occupational therapist or occupational therapy assistant other than the passage of the examination approved by the Board. If the person to whom a temporary license does not hold a license in another State and is not certified by the National Board for Certification in Occupational Therapy, existing law authorizes the person to practice occupational therapy under the temporary license only under the general supervision of a licensed occupational therapist. (NRS 640A.170) Section 13 of this bill requires a temporary license to be issued only to a person who is licensed in another state and who meets the requirements set forth in section 8. Section 3 of this bill provides for the issuance of a provisional license to a person who: (1) has passed the examination approved by the Board pursuant to section 10; (2) has completed certain educational requirements; and (3) is eligible to take the national examination required for certification.

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ê2023 Statutes of Nevada, Page 432 (CHAPTER 88, AB 343)ê

Board pursuant to section 10; (2) has completed certain educational requirements; and (3) is eligible to take the national examination required for certification. Under section 3, a person to whom a provisional license is issued is authorized to practice occupational therapy under the temporary license only under the general supervision of a licensed occupational therapist.

Existing law exempts a person enrolled in an educational program approved by the Board from the provisions of existing law governing occupational therapy under certain circumstances. (NRS 640A.070) Section 6 of this bill revises the type of educational program in which a person must be enrolled to qualify for the exemption. Section 9 of this bill revises certain requirements concerning an application for a license. Section 15 of this bill authorizes the Board to establish fees for the issuance of a license by reciprocity and a provisional license.

Existing law authorizes the Board to adopt regulations imposing continuing education requirements for the renewal of a license. (NRS 640A.180) Section 14 of this bill provides that such requirements may require a licensee to take and pass the examination approved by the Board pursuant to section 10 at intervals set by the Board.

Existing law provides that the members of the Board serve without compensation while engaged in the business of the Board. (NRS 640A.100) Section 7 of this bill provides that each member of the Board is entitled to a salary of not more than $150 per day, as fixed by the Board, while engaged in the business of the Board.

Existing law authorizes the Board to impose certain penalties against a licensee who commits certain violations of the provisions of existing law governing occupational therapy or who engages in certain other conduct. (NRS 640A.200) Section 4 of this bill authorizes the Board to issue a citation to a licensee who commits certain specified violations of certain regulations adopted by the Board.

Sections 16-18 of this bill make technical changes to existing provisions which exempt persons licensed as an occupational therapist or occupational therapy assistant from certain provisions governing other professions.

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 640A of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

Sec. 2. 1. The Board may issue a license by reciprocity as an occupational therapist or occupational therapy assistant to an applicant who meets the requirements set forth in this section. An applicant may submit an application for such a license if the applicant:

(a) Holds a valid and unrestricted license as an occupational therapist or occupational therapy assistant, as applicable, in any state that is a member of the Occupational Therapy Licensure Compact; and

(b) Meets the requirements set forth in NRS 640A.120.

2. An applicant for a license by reciprocity pursuant to this section must submit to the Board with his or her application:

(a) Proof satisfactory to the Board that the applicant satisfies the requirements of subsection 1;

(b) A fee in the amount set by regulation of the Board pursuant to NRS 640A.190; and

Sec. 3. 1. The Board may issue a provisional license to a person who:

(a) Has passed the examination approved by the Board pursuant to NRS 640A.150;

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ê2023 Statutes of Nevada, Page 433 (CHAPTER 88, AB 343)ê

(b) Has graduated from an educational program accredited by the Accreditation Council for Occupational Therapy Education of the American Occupational Therapy Association Inc., or its successor organization, or a comparable foreign educational program accepted by the National Board for Certification in Occupational Therapy, or its successor organization, as an equivalent requirement for certification; and

(c) Is eligible to take the national examination required for certification by the National Board for Certification in Occupational Therapy.

2. A provisional license issued pursuant to this section authorizes the person to whom the provisional license is issued to practice occupational therapy only under the general supervision of an occupational therapist licensed pursuant to this chapter.

3. A provisional license issued pursuant to this section is valid for 6 months or until the person to whom it is issued otherwise obtains a license pursuant to this chapter, whichever occurs first.

4. The Board may renew a provisional license not more than once and may revoke a provisional license for any of the grounds set forth in NRS 640A.200.

Sec. 4. 1. A member or agent of the Board may issue a citation to a licensee if the member or agent concludes that, based on a preponderance of the evidence, the licensee has violated any regulation of the Board that requires a licensee to:

(a) Provide his or her current contact information to the Board;

(b) Provide to the Board information relating to the supervision or employment of the licensee;

(d) Practice only under the name listed on his or her license;

(e) Provide proof of continuing education; or

(f) Provide to the Board information or documentation required to be maintained by the licensee.

2. A citation issued pursuant to this section may include, without limitation, an order to:

(a) Take action to correct any condition resulting from any act that constitutes a violation of a provision set forth in subsection 1, at the cost of the person who committed the violation. If the citation contains such an order, the citation must:

(1) State the time permitted for compliance, which must be not less than 5 business days after the date the person receives the citation; and

(2) Specifically describe the corrective action to be taken.

(b) Except as otherwise provided by subsection 4, pay an administrative fine not to exceed the amount prescribed pursuant to subsection 3.

3. Any administrative fine imposed pursuant to this section must be in the amount prescribed by regulation of the Board, which must be not more than $500.

4. If a citation issued pursuant to this section contains an order to pay an administrative fine, the person to whom the citation was issued may submit a written request to the Board to waive the administrative fine. If the Board determines that good cause exists to waive the administrative fine, the Board may grant the request.

5. The sanctions authorized by this section are separate from, and in addition to, any other remedy, civil or criminal, authorized by this chapter.

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ê2023 Statutes of Nevada, Page 434 (CHAPTER 88, AB 343)ê

Sec. 5. NRS 640A.050 is hereby amended to read as follows:

640A.050 “Occupational therapy” means the use of evaluations, teachings and interventions to facilitate the activities of daily living of a client in groups or on an individual basis to enable the client to participate in and perform activities of daily living in various settings, including, without limitation, at home, at school, in the workplace and in the community. The term includes:

1. Providing services for habilitation, rehabilitation and the promotion of health and wellness to a client;

2. Assisting a client in achieving the highest practicable physical, cognitive and psychosocial well-being to improve the physical and mental health of the client and the quality of life of the client;

3. Teaching a client skills for daily living;

4. Assisting a client in the development of cognitive and perceptual motor skills, and in the integration of sensory functions;

5. Assisting a client in learning to play and to use his or her leisure time constructively;

6. Assisting a client in developing functional skills necessary to be considered for employment;

7. Assessing the need for, designing, constructing and training a client in the use and application of selected orthotic devices and adaptive equipment;

8. Assessing the need for prosthetic devices for the upper body and training a client in the functional use of prosthetic devices;

9. Teaching a client crafts and exercises designed to enhance his or her ability to function normally;

10. Administering to a client manual tests of his or her muscles and range of motion, and interpreting the results of those tests;

11. Incorporating into the treatment of a client the safe and appropriate use of physical agent modalities and techniques which have been acquired through an [appropriate] educational program [of education approved by the Board pursuant to subsection 2 of] required to obtain the certification described in NRS 640A.120, or through a program of continuing education or higher education; and

12. Adapting the environment of a client to reduce the effects of handicaps.

Sec. 6. NRS 640A.070 is hereby amended to read as follows:

640A.070 This chapter does not apply to a person:

1. Holding a current license or certificate issued pursuant to chapter 391, 630 to 637B, inclusive, 640, 640B to 641B, inclusive, or 641D of NRS, who practices within the scope of that license or certificate.

2. Employed by the Federal Government who practices occupational therapy within the scope of that employment.

3. Enrolled in an educational program [approved by the Board] that is accredited by the Accreditation Council for Occupational Therapy Education of the American Occupational Therapy Association, Inc. or its successor organization, or a comparable foreign educational program accepted by the National Board for Certification in Occupational Therapy, or its successor organization, which is designed to lead to a certificate or degree in occupational therapy, if the person is designated by a title which clearly indicates that he or she is a student.

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ê2023 Statutes of Nevada, Page 435 (CHAPTER 88, AB 343)ê

[4. Obtaining the supervised fieldwork experience necessary to satisfy the requirements of subsection 3 of NRS 640A.120.]

Sec. 7. NRS 640A.100 is hereby amended to read as follows:

640A.100 1. [The members] Each member of the Board [serve without compensation, except that while engaged in the business of the Board, each member] is entitled to [the] receive:

(a) A salary of not more than $150 per day, as fixed by the Board, while engaged in the business of the Board; and

(b) A per diem allowance and travel expenses , at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

2. The Board may employ an Executive Director and any other employees it deems necessary, establish their duties and fix their salaries.

3. The expenses of the Board and members of the Board, and the salaries of its employees, must be paid from the fees received by the Board pursuant to this chapter, and no part of those expenses and salaries may be paid out of the State General Fund.

Sec. 8. NRS 640A.120 is hereby amended to read as follows:

640A.120 Except as otherwise provided in [NRS 640A.165 and 640A.166,] section 3 of this act, to be eligible for licensing by the Board as an occupational therapist or occupational therapy assistant, an applicant must:

1. [Be a natural person of good moral character.] Have passed the examination approved by the Board pursuant to NRS 640A.150; and

2. [Except as otherwise provided in NRS 640A.130, have satisfied the academic requirements of an educational program approved by the Board. The Board shall not approve an educational program designed to qualify a person to practice as an occupational therapist or an occupational therapy assistant unless the program is accredited by the Accreditation Council for Occupational Therapy Education of the American Occupational Therapy Association, Inc., or its successor organization.

3. Except as otherwise provided in NRS 640A.130, have successfully completed:

(a) If the application is for licensing as an occupational therapist, 24 weeks; or

(b) If the application is for licensing as an occupational therapy assistant, 16 weeks,

Ê of supervised fieldwork experience approved by the Board. The Board shall not approve any supervised experience unless the experience was sponsored by the American Occupational Therapy Association, Inc., or its successor organization, or the educational institution at which the applicant satisfied the requirements of subsection 2.

4. Except as otherwise provided in NRS 640A.160 and 640A.170, pass an examination approved by the Board.] Hold a current certification as an occupational therapist or occupational therapy assistant, as applicable, with the National Board for Certification in Occupational Therapy, or its successor organization.

Sec. 9. NRS 640A.140 is hereby amended to read as follows:

640A.140 1. Except as otherwise provided in NRS 640A.165 and 640A.166, and section 2 of this act, a person who desires to be licensed by the Board as an occupational therapist or occupational therapy assistant must:

(a) Submit an application to the Board [on a form furnished by] in the manner prescribed by the Board; and

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ê2023 Statutes of Nevada, Page 436 (CHAPTER 88, AB 343)ê

(b) Provide evidence satisfactory to the Board that he or she possesses the qualifications required pursuant to [subsections 1, 2 and 3 of] NRS 640A.120.

2. The application must include all information required to complete the application.

Sec. 10. NRS 640A.150 is hereby amended to read as follows:

640A.150 [1.] The Board shall:

[(a)] 1. Approve an examination [for licensing as an occupational therapist and an examination for licensing as an occupational therapy assistant; and] on the laws and regulations governing the practice of occupational therapy in this State; and

[(b)] 2. Establish the requirements to pass [each] the examination.

[2. Each examination must be in writing and be designed to test an applicant’s knowledge of:

(a) The basic and clinical sciences relating to occupational therapy;

(b) The techniques and methods of occupational therapy; and

3. A person who has satisfied the requirements of NRS 640A.140 may take the appropriate examination for licensing.]

Sec. 11. NRS 640A.165 is hereby amended to read as follows:

640A.165 1. The Board may issue a license by endorsement as an occupational therapist to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant satisfies the requirements set forth in NRS 640A.120 and holds a corresponding valid and unrestricted license as an occupational therapist in the District of Columbia or any state or territory of the United States.

2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

(a) Proof satisfactory to the Board that the applicant:

(1) Satisfies the requirements of subsection 1;

(2) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license as an occupational therapist; and

(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(b) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

(c) A fee in the amount of the fee set by a regulation of the Board pursuant to NRS 640A.190 for the initial issuance of a license; and

(d) Any other information required by the Board.

3. Not later than 15 business days after receiving an application for a license by endorsement as an occupational therapist pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement as an occupational therapist to the applicant not later than 45 days after receiving the application.

4. A license by endorsement as an occupational therapist may be issued at a meeting of the Board or between its meetings by the Chair of the Board. Such an action shall be deemed to be an action of the Board.

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ê2023 Statutes of Nevada, Page 437 (CHAPTER 88, AB 343)ê

Sec. 12. NRS 640A.166 is hereby amended to read as follows:

640A.166 1. The Board may issue a license by endorsement as an occupational therapist to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:

(a) Holds a corresponding valid and unrestricted license as an occupational therapist in the District of Columbia or any state or territory of the United States; [and]

(b) Meets the requirements set forth in NRS 640A.120; and

(c) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.

2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

(a) Proof satisfactory to the Board that the applicant:

(1) Satisfies the requirements of subsection 1;

(2) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a license as an occupational therapist; and

(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(b) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

(c) A fee in the amount set by a regulation of the Board pursuant to NRS 640A.190 for the initial issuance of a license; and

(d) Any other information required by the Board.

5. At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice as an occupational therapist in accordance with regulations adopted by the Board.

6. As used in this section, “veteran” has the meaning ascribed to it in NRS 417.005.

Sec. 13. NRS 640A.170 is hereby amended to read as follows:

640A.170 1. The Board may issue, [without examination,] a temporary license to a person who has the qualifications required pursuant to [subsections 1, 2 and 3 of] NRS 640A.120 and who [:

(a) Is certified by the National Board for Certification in Occupational Therapy or its successor organization and] is licensed as an occupational therapist or occupational therapy assistant in good standing in another state . [; or

(b) Has not achieved the passing score on the examination approved pursuant to NRS 640A.150. A temporary license issued pursuant to this paragraph authorizes the person to whom it is issued to practice occupational therapy only under the general supervision of an occupational therapist licensed pursuant to this chapter.]

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ê2023 Statutes of Nevada, Page 438 (CHAPTER 88, AB 343)ê

paragraph authorizes the person to whom it is issued to practice occupational therapy only under the general supervision of an occupational therapist licensed pursuant to this chapter.]

2. A temporary license issued pursuant to subsection 1 is valid for 6 months or until the person to whom it is issued otherwise obtains a license pursuant to this chapter, whichever occurs first.

3. The Board may renew a temporary license not more than once and may revoke a temporary license for any of the grounds set forth in NRS 640A.200.

Sec. 14. NRS 640A.180 is hereby amended to read as follows:

640A.180 1. The Board shall adopt regulations prescribing the period for which a license issued pursuant to the provisions of this chapter is valid. Except as otherwise provided in NRS 640A.170, and section 3 of this act, the period must be not less than 1 year.

2. The Board may adopt regulations prescribing the manner in which a license issued pursuant to this chapter must be renewed, which may include requirements for continuing education. Such requirements for continuing education may require a licensee to take and pass the examination approved by the Board pursuant to NRS 640A.150 at intervals set by the Board.

3. The Board may adopt regulations providing for the late renewal of a license and the reinstatement of an expired license, except that the Board may not renew or reinstate a license if 5 years have passed since its expiration.

4. The Board may, at the request of a person licensed pursuant to this chapter, place the license on inactive status if the person:

(a) Does not practice occupational therapy, or represent that the person is authorized to practice occupational therapy, in this State; and

(b) Satisfies any requirements for continuing education established by the Board.

Sec. 15. NRS 640A.190 is hereby amended to read as follows:

640A.190 1. The Board may by regulation establish reasonable fees for:

(a) The examination of an applicant for a license;

(b) The initial issuance of a license, including a license by endorsement;

(d) The issuance of a provisional license;

(e) The issuance of a license by reciprocity pursuant to section 2 of this act;

(f) The renewal of a license; and

[(e)] (g) The late renewal of a license.

2. If an applicant submits an application for a license by endorsement pursuant to NRS 640A.166, the Board shall collect not more than one-half of the fee established pursuant to subsection 1 for the initial issuance of the license.

3. Except as otherwise provided in subsection 2, the fees must be set in such an amount as to reimburse the Board for the cost of carrying out the provisions of this chapter.

Sec. 16. NRS 641.029 is hereby amended to read as follows:

641.029 The provisions of this chapter do not apply to:

1. A physician who is licensed to practice in this State;

2. A person who is licensed to practice dentistry in this State;

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ê2023 Statutes of Nevada, Page 439 (CHAPTER 88, AB 343)ê

3. A person who is licensed as a marriage and family therapist or marriage and family therapist intern pursuant to chapter 641A of NRS;

4. A person who is licensed as a clinical professional counselor or clinical professional counselor intern pursuant to chapter 641A of NRS;

5. A person who is licensed to engage in social work pursuant to chapter 641B of NRS;

6. A person who is licensed as an occupational therapist or occupational therapy assistant pursuant to chapter 640A of NRS ; [640A.010 to 640A.230, inclusive;]

7. A person who is licensed as a clinical alcohol and drug counselor, licensed or certified as an alcohol and drug counselor or certified as an alcohol and drug counselor intern, a clinical alcohol and drug counselor intern, a problem gambling counselor or a problem gambling counselor intern, pursuant to chapter 641C of NRS;

8. A person who provides or supervises the provision of peer recovery support services in accordance with the provisions of NRS 433.622 to 433.641, inclusive;

9. A person who is licensed as a behavior analyst or an assistant behavior analyst or registered as a registered behavior technician pursuant to chapter 641D of NRS, while engaged in the practice of applied behavior analysis as defined in NRS 641D.080; or

10. Any member of the clergy,

Ê if such a person does not commit an act described in NRS 641.440 or represent himself or herself as a psychologist.

Sec. 17. NRS 641B.040 is hereby amended to read as follows:

641B.040 The provisions of this chapter do not apply to:

1. A physician who is licensed to practice in this State;

2. A nurse who is licensed to practice in this State;

3. A person who is licensed as a psychologist pursuant to chapter 641 of NRS or authorized to practice psychology in this State pursuant to the Psychology Interjurisdictional Compact enacted in NRS 641.227;

4. A person who is licensed as a marriage and family therapist or marriage and family therapist intern pursuant to chapter 641A of NRS;

5. A person who is licensed as a clinical professional counselor or clinical professional counselor intern pursuant to chapter 641A of NRS;

6. A person who is licensed as an occupational therapist or occupational therapy assistant pursuant to chapter 640A of NRS ; [640A.010 to 640A.230, inclusive;]

7. A person who is licensed as a clinical alcohol and drug counselor, licensed or certified as an alcohol and drug counselor or certified as a clinical alcohol and drug counselor intern, an alcohol and drug counselor intern, a problem gambling counselor or a problem gambling counselor intern, pursuant to chapter 641C of NRS;

8. A person who provides or supervises the provision of peer recovery support services in accordance with NRS 433.622 to 433.641, inclusive;

9. Any member of the clergy;

10. A county welfare director;

11. Any person who may engage in social work or clinical social work in his or her regular governmental employment but does not hold himself or herself out to the public as a social worker; or

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ê2023 Statutes of Nevada, Page 440 (CHAPTER 88, AB 343)ê

12. A student of social work and any other person preparing for the profession of social work under the supervision of a qualified social worker in a training institution or facility recognized by the Board, unless the student or other person has been issued a provisional license pursuant to paragraph (b) of subsection 1 of NRS 641B.275. Such a student must be designated by the title “student of social work” or “trainee in social work,” or any other title which clearly indicates the student’s training status.

Sec. 18. NRS 641D.110 is hereby amended to read as follows:

641D.110 The provisions of this chapter do not apply to:

1. A physician who is licensed to practice in this State;

2. A person who is licensed to practice dentistry in this State;

3. A person who is licensed as a psychologist pursuant to chapter 641 of NRS;

4. A person who is licensed as a marriage and family therapist or marriage and family therapist intern pursuant to chapter 641A of NRS;

5. A person who is licensed as a clinical professional counselor or clinical professional counselor intern pursuant to chapter 641A of NRS;

6. A person who is licensed to engage in social work pursuant to chapter 641B of NRS;

7. A person who is licensed as an occupational therapist or occupational therapy assistant pursuant to chapter 640A of NRS ; [640A.010 to 640A.230, inclusive;]

8. A person who is licensed as a clinical alcohol and drug counselor, licensed or certified as an alcohol and drug counselor or certified as an alcohol and drug counselor intern, a clinical alcohol and drug counselor intern, a problem gambling counselor or a problem gambling counselor intern, pursuant to chapter 641C of NRS;

9. Any member of the clergy;

10. A family member, guardian or caregiver of a recipient of applied behavior analysis services who performs activities as directed by a behavior analyst or assistant behavior analyst; or

11. An employee of a school district or charter school when providing services to a pupil in a public school in a manner consistent with the duties of his or her position,

Ê if such a person does not commit an act described in NRS 641D.910 or represent himself or herself as a behavior analyst, assistant behavior analyst or registered behavior technician.

Sec. 19. NRS 640A.130 and 640A.160 are hereby repealed.

Sec. 20. 1. This section becomes effective upon passage and approval.

2. Sections 1 to 19, inclusive, of this act become effective:

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

(b) On January 1, 2024, for all other purposes.

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ê2023 Statutes of Nevada, Page 441ê

CHAPTER 89, AB 455

Assembly Bill No. 455–Committee on Revenue

CHAPTER 89

[Approved: May 30, 2023]

AN ACT relating to tobacco; authorizing the Department of Taxation to impose a civil penalty for certain violations relating to contraband tobacco products; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law: (1) prohibits a person from knowingly selling or possessing for the purpose of selling any contraband tobacco products; and (2) provides that any person who exports, imports, possesses or constructively possesses contraband tobacco products, with certain exceptions, is guilty of a gross misdemeanor. (NRS 370.405, 370.410) Existing law also requires the Department of Taxation and its agents, sheriffs and all other peace officers of this State to seize any counterfeit stamps, contraband tobacco products, machinery used to manufacture contraband tobacco products and cigarette rolling machines used in violation of existing law that are found in this State. (NRS 370.415) This bill authorizes the Department to impose a civil penalty on any person who violates such provisions of existing law resulting in the seizure of counterfeit stamps, contraband tobacco products, machinery or cigarette rolling machines. This bill further requires any civil penalty to be credited to a separate account in the State General Fund to be used to enforce the provisions governing contraband tobacco products.

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 370.415 is hereby amended to read as follows:

370.415 1. The Department, its agents, sheriffs within their respective counties and all other peace officers of the State of Nevada shall seize any counterfeit stamps, contraband tobacco products, machinery used to manufacture contraband tobacco products and cigarette rolling machines being used in violation of any provision of this chapter that are found or located in the State of Nevada.

2. A sheriff or other peace officer who seizes stamps, contraband tobacco products, machinery or cigarette rolling machines pursuant to this section shall provide written notification of the seizure to the Department not later than 5 working days after the seizure. The notification must include the reason for the seizure.

3. After consultation with the Department, the sheriff or other peace officer shall transmit the contraband tobacco products to the Department if:

(a) The contraband tobacco products consist of cigarettes and:

(1) Except for revenue stamps being properly affixed as required by this chapter, the cigarettes comply with all state and federal statutes and regulations; and

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ê2023 Statutes of Nevada, Page 442 (CHAPTER 89, AB 455)ê

(2) The Department approves the transmission of the cigarettes; or

(b) The contraband tobacco products consist of any other tobacco products and the Department approves the transmission of the other tobacco products.

4. Upon the receipt of any:

(a) Cigarettes pursuant to subsection 3, the Department shall dispose of the cigarettes as provided in subsection 4 of NRS 370.270; or

(b) Other tobacco products pursuant to subsection 3, the Department shall:

(1) Sell the other tobacco products to the highest bidder among the licensed wholesale dealers in this State after due notice to all licensed Nevada wholesale dealers has been given by mail to the addresses contained in the Department’s records; or

(2) If there is no bidder, or in the opinion of the Department the quantity of the other tobacco products is insufficient, or for any other reason such disposition would be impractical, destroy or dispose of the other tobacco products as the Department may see fit.

Ê The proceeds of all sales pursuant to this paragraph must be classed as revenues derived under the provisions of NRS 370.440 to 370.503, inclusive.

5. The sheriff or other peace officer who seizes any stamps, contraband tobacco products, machinery or cigarette rolling machines pursuant to this section shall:

(a) Destroy the stamps, machinery and cigarette rolling machines; and

(b) If he or she does not transmit the contraband tobacco products to the Department, destroy the contraband tobacco products.

6. In addition to any other penalty provided by law, the Department may impose a civil penalty upon a person who violates NRS 370.405 or 370.410 resulting in the seizure of counterfeit stamps, contraband tobacco products, machinery or cigarette rolling machines pursuant to this section in the amount of $10,000 or the total costs incurred by the Department for the transportation, storage and disposal of the counterfeit stamps, contraband tobacco products, machinery or cigarette rolling machines, whichever is greater.

7. All penalties imposed pursuant to subsection 6 must be paid to the Department in the form of remittances payable to the Department and deposited in a separate account in the State General Fund to be used for the enforcement of the provisions of this section.

Sec. 2. This act becomes effective on July 1, 2023.

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ê2023 Statutes of Nevada, Page 443ê

CHAPTER 90, AB 185

Assembly Bill No. 185–Assemblywoman Mosca

Joint Sponsor: Senator Buck

CHAPTER 90

[Approved: May 30, 2023]

AN ACT relating to education; revising provisions relating to the enrollment of pupils in charter schools; requiring school districts, charter schools and university schools for profoundly gifted pupils to take certain measures to accommodate a pupil who plans to transfer to the school district or school or leave the school district or school because of the documented pending military transfer of a parent or guardian; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law authorizes a charter school to give preference in enrollment to certain children before enrolling children who are otherwise eligible for enrollment. (NRS 388A.456) Section 1 of this bill authorizes a charter school to give the same preference to a child who has a parent or legal guardian who is a member of the military.

The Interstate Compact on Educational Opportunity for Military Children requires member states, including Nevada, to take certain measures to facilitate the enrollment and continued education of pupils who are children of military families and who transfer into this State. (NRS 388F.010) Existing law also requires the superintendent of a school district or his or her designee to make reasonable efforts to accommodate a pupil who transfers to a public school in the district due to the military transfer of the parent or legal guardian of the pupil. (NRS 388F.070) Section 1.5 of this bill additionally requires the governing body of a charter school or university school for profoundly gifted pupils to make such reasonable efforts. Section 1.5 requires those reasonable efforts to include authorizing such a pupil to enroll in the school and participate in any application or lottery process necessary to be eligible for such enrollment: (1) at the same time as pupils who reside in the school district or near the charter school or university school, as applicable; and (2) in the same manner as pupils who reside in the school district or near the charter school or university school, as applicable, or remotely using electronic means, regardless of whether such means are generally authorized for other pupils. Section 1.5 authorizes such a pupil to: (1) use the address of a military installation to which a parent or legal guardian of the pupil has a documented pending military transfer as the address of the pupil for all purposes relating to enrollment until the pupil notifies the public school of the actual address at which the pupil will reside in the appropriate attendance area; and (2) specify an additional address solely for the purpose of receiving correspondence. Section 1.5 also requires the superintendent of a school district or the superintendent’s designee or the governing body of a charter school or university school for profoundly gifted pupils to make reasonable efforts to accommodate a pupil who plans to leave the school during the school year because of the documented pending military transfer of the parent or legal guardian of the pupil. Section 1.5 requires those efforts to include: (1) authorizing and assisting the pupil to complete the requirements for the current school year through a program of distance education, if such a program is available; and (2) cooperating with any school or school district to which the pupil plans to transfer. Section 1.5 requires a pupil who enrolls in a public school, charter school or university school for profoundly gifted pupils for all or part of a school year pursuant to the provisions of this bill to provide proof of residency before the beginning of the next school year if the pupil plans to enroll in the school for the next school year.

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ê2023 Statutes of Nevada, Page 444 (CHAPTER 90, AB 185)ê

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 388A.456 is hereby amended to read as follows:

388A.456 1. Before a charter school enrolls pupils who are eligible for enrollment pursuant to NRS 388A.453, a charter school may enroll a child who:

(a) Is a sibling of a pupil who is currently enrolled in the charter school.

(b) Was enrolled, free of charge and on the basis of a lottery system, in a prekindergarten program at the charter school or any other early childhood educational program affiliated with the charter school.

(1) Who is employed by the charter school;

(2) Who is a member of the committee to form the charter school;

(3) Who is a member of the governing body of the charter school; or

(4) Who resides on or is employed on the federal military installation, if the charter school is located on a federal military installation;

(d) Is enrolled at a charter school with which the charter school has an articulation agreement, approved by the sponsor, providing for priority enrollment.

(e) Is in a particular category of at-risk pupils and the child meets the eligibility for enrollment prescribed by the charter school for that particular category.

(f) At the time his or her application is submitted, is enrolled in a public school of a school district with an enrollment that is more than 25 percent over the public school’s intended capacity, as reported on the list maintained by the school district pursuant to subsection 4. If a charter school enrolls pupils who are enrolled in such a public school before enrolling other pupils who are eligible for enrollment, the charter school must enroll such pupils who reside within 2 miles of the charter school before enrolling other such pupils.

(g) At the time his or her application is submitted, is enrolled in a public school that received an annual rating established as one of the two lowest ratings possible indicating underperformance of a public school, as determined by the Department pursuant to the statewide system of accountability for public schools for the most recent school year for which the public school received an annual rating. If a charter school enrolls pupils who are enrolled in such a public school before enrolling other pupils who are eligible for enrollment, the charter school must enroll such pupils who reside within 2 miles of the charter school before enrolling other such pupils.

(h) Resides within the school district and within 2 miles of the charter school if the charter school is located in an area that the sponsor of the charter school determines includes a high percentage of children who are at risk. If space is available after the charter school enrolls pupils pursuant to this paragraph, the charter school may enroll children who reside outside the school district but within 2 miles of the charter school if the charter school is located within an area that the sponsor determines includes a high percentage of children who are at risk.

(i) Has a parent or legal guardian who is a member of the military.

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ê2023 Statutes of Nevada, Page 445 (CHAPTER 90, AB 185)ê

2. If more pupils described in this section who are eligible apply for enrollment than the number of spaces available, the charter school shall determine which applicants to enroll pursuant to this section on the basis of a lottery system.

3. A lottery held pursuant to subsection 2 must be held not sooner than 45 days after the date on which a charter school begins accepting applications for enrollment unless the sponsor of the charter school determines there is good cause to hold it sooner.

4. Each school district shall create and maintain a list which specifies for each public school of the school district, the maximum enrollment capacity for each school, the actual number of pupils enrolled at each school and the percentage by which enrollment at each school exceeds the intended enrollment capacity, if applicable. Each school district shall post the list on the Internet website maintained by the school district as soon as practicable after the count of pupils is completed pursuant to NRS 387.1223 but not later than November 1 of each year.

5. As used in this section, “member of the military” has the meaning ascribed to it in NRS 176A.043.

Sec. 1.5. NRS 388F.070 is hereby amended to read as follows:

388F.070 1. The superintendent of a school district or the superintendent’s designee or the governing body of a charter school or a university school for profoundly gifted pupils shall [, in] :

(a) Authorize a pupil who plans to transfer to a public school in the school district or to a charter school or university school, as applicable, from a school inside or outside this State because of the documented pending military transfer of the parent or legal guardian of the pupil to enroll in the public school, charter school or university school and participate in any application or lottery process necessary to be eligible for such enrollment:

(1) At the same time as pupils who reside in the school district or near the charter school or university school, as applicable; and

(2) In the same manner as pupils in the school district or near the charter school or university school, as applicable, or remotely using electronic means, regardless of whether such means are generally authorized for other pupils.

(b) Deem the address of a military installation to which a parent or legal guardian of the pupil has a documented pending military transfer to be the address of the pupil for all purposes relating to enrollment for which an address is required until the pupil notifies the public school of the actual address at which the pupil will reside in the appropriate attendance area.

(c) Authorize the pupil and the parent or legal guardian of the pupil to specify an additional, current address solely for the purpose of receiving correspondence.

(d) In accordance with NRS 388F.010, make other reasonable efforts to accommodate a pupil who transfers to a public school in the school district or to the charter school or university school, as applicable, from a school inside or outside this State because of the military transfer of the parent or legal guardian of the pupil.

2. If the superintendent of a school district or the superintendent’s designee is not able to grant a standard high school diploma to a pupil who transfers during grade 12 to a school in this State from a school outside this State because of the military transfer of the parent or legal guardian of the pupil, the superintendent or the superintendent’s designee shall work cooperatively with the local education agency in the state in which the pupil was previously enrolled to determine if the pupil is eligible to receive a diploma from that local education agency and, if the pupil is eligible, to facilitate receiving a high school diploma from that local education agency.

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ê2023 Statutes of Nevada, Page 446 (CHAPTER 90, AB 185)ê

State because of the military transfer of the parent or legal guardian of the pupil, the superintendent or the superintendent’s designee shall work cooperatively with the local education agency in the state in which the pupil was previously enrolled to determine if the pupil is eligible to receive a diploma from that local education agency and, if the pupil is eligible, to facilitate receiving a high school diploma from that local education agency.

3. If a pupil at a public school in a school district, a charter school or a university school for profoundly gifted pupils plans to leave the school during the school year because of the documented pending military transfer of the parent or legal guardian of the pupil, the superintendent of the school district or the superintendent’s designee or the governing body of the charter school or university school, as applicable, shall make reasonable efforts to accommodate the pupil, including, without limitation, by:

(a) Authorizing and assisting the pupil to complete the requirements for the current school year through a program of distance education, if such a program is available; and

(b) Cooperating with any school or school district to which the pupil plans to transfer.

4. A pupil who enrolls in a public school, charter school or university school for profoundly gifted pupils pursuant to subsection 1 for all or part of a school year and plans to enroll in the school for the next school year shall, before the beginning of the next school year, provide proof of residency in this State and, as applicable, in:

(a) The school district;

(b) The zone of attendance of the school established pursuant to NRS 388.040; or

5. As used in this section, “program of distance education” means a program comprised of one or more courses of study for which instruction is delivered by means of video, computer, television or the Internet or other electronic means of communication, or any combination thereof, in such a manner that the person supervising or providing the instruction and the pupil receiving the instruction are separated geographically for a majority of the time during which instruction is delivered.

Sec. 2. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

Sec. 3. 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 January 1, 2024, for all other purposes.

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ê2023 Statutes of Nevada, Page 447ê

CHAPTER 91, AB 189

Assembly Bill No. 189–Assemblywoman Jauregui

CHAPTER 91

[Approved: May 30, 2023]

AN ACT relating to construction; setting forth certain limitations on the board of county commissioners or the governing body of a city in certain counties in adopting an ordinance restricting the hours in which construction work may begin during certain times of the year in a declarant-controlled common-interest community; prohibiting, under certain circumstances, a declarant-controlled common-interest community from restricting the hours that construction work may begin in certain counties or cities during certain times of the year; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law provides that if the governing body of a county or city in which a common-interest community is located adopts an ordinance restricting the hours in which construction work may begin, a common-interest community is prohibited from restricting the hours that construction work may begin in the common-interest community during the period beginning on May 1 and ending on September 30 to hours other than those set forth in the ordinance. (NRS 116.347)

Sections 1 and 4 of this bill, respectively, provide that if the board of county commissioners in a county whose population is 700,000 or more (currently only Clark County) or the governing body of a city which is located in such a county adopts an ordinance restricting the hours in which construction work may begin in a common-interest community, the hours for construction work in a declarant-controlled common-interest community must be allowed to begin at, but not earlier than, 5 a.m. during the period beginning on April 1 and ending on September 30.

Section 6 of this bill provides that if, on the effective date of this bill, the board of county commissioners in a county whose population is 700,000 or more (currently only Clark County) or the governing body of a city located in such a county has adopted an ordinance restricting hours in which construction work may begin in a common-interest community and the ordinance does not allow construction work in a declarant-controlled common-interest community to begin at, but not earlier than, 5 a.m. during the period beginning on April 1 and ending on September 30, the board of county commissioners or governing body must amend the ordinance to comply with section 1 or 4, as applicable.

Section 3 of this bill provides that if, in a county whose population is 700,000 or more (currently only Clark County), the governing body of the county or a city adopts an ordinance restricting the hours in which construction work may begin, a declarant-controlled common-interest community must not restrict the hours that construction work may begin in the declarant-controlled common-interest community during the period beginning on April 1 and ending on September 30 to hours other than those set forth in the ordinance.

Sections 2 and 5 of this bill provide that an ordinance regulating excessive noise is subject to the provisions of sections 1 and 4, respectively.

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ê2023 Statutes of Nevada, Page 448 (CHAPTER 91, AB 189)ê

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

1. If the board of county commissioners in a county whose population is 700,000 or more adopts an ordinance restricting the hours in which construction work in a common-interest community may begin, the hours for construction work in a declarant-controlled common-interest community must be allowed to begin at, but not earlier than, 5 a.m. during the period beginning on April 1 and ending on September 30.

2. As used in this section:

(a) “Common-interest community” has the meaning ascribed to it in NRS 116.021.

(b) “Declarant-controlled common-interest community” means a common-interest community in which the original developer controls a majority of the units.

Sec. 2. NRS 244.363 is hereby amended to read as follows:

244.363 Except as otherwise provided in subsection 3 of NRS 40.140 and subsection 9 of NRS 202.450 [,] and subject to the provisions of section 1 of this act, the boards of county commissioners in their respective counties may, by ordinance regularly enacted, regulate, control and prohibit, as a public nuisance, excessive noise which is injurious to health or which interferes unreasonably with the comfortable enjoyment of life or property within the boundaries of the county.

Sec. 3. NRS 116.347 is hereby amended to read as follows:

116.347 1. If, in a county whose population is 700,000 or more, the governing body of a county or city in which a declarant-controlled common-interest community is located adopts an ordinance restricting the hours in which construction work may begin, the executive board shall not and the governing documents must not restrict the hours that construction work may begin in the declarant-controlled common-interest community during the period beginning on April 1 and ending on September 30 to hours other than those set forth in the ordinance.

2. The provisions of subsection 1 do not preclude the executive board or the governing documents from restricting the hours that construction work may begin:

(a) If a governing body of a county or city has not adopted an ordinance restricting the hours in which construction work may begin; or

(b) During the period beginning on October 1 and ending on March 31.

3. If , in a county whose population is less than 700,000, the governing body of a county or city in which a declarant-controlled common-interest community is located adopts an ordinance restricting the hours in which construction work may begin, the executive board shall not and the governing documents must not restrict the hours that construction work may begin in the declarant-controlled common-interest community during the period beginning on May 1 and ending on September 30 to hours other than those set forth in the ordinance.

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ê2023 Statutes of Nevada, Page 449 (CHAPTER 91, AB 189)ê

[2.] 4. The provisions of subsection [1] 3 do not preclude the executive board or the governing documents from restricting the hours that construction work may begin:

(a) If a governing body of a county or city has not adopted an ordinance restricting the hours in which construction work may begin; or

(b) During the period beginning on October 1 and ending on April 30.

Sec. 4. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:

1. If the governing body of a city located in a county whose population is 700,000 or more adopts an ordinance restricting the hours that construction work may begin in a common-interest community, the hours for construction work in a declarant-controlled common-interest community must be allowed to begin at, but not earlier than, 5 a.m. during the period beginning on April 1 and ending on September 30.

2. As used in this section:

(a) “Common-interest community” has the meaning ascribed to it in NRS 116.021.

(b) “Declarant-controlled common-interest community” means a common-interest community in which the original developer controls a majority of the units.

Sec. 5. NRS 268.412 is hereby amended to read as follows:

268.412 Except as otherwise provided in subsection 3 of NRS 40.140 and subsection 9 of NRS 202.450 [,] and subject to the provisions of section 4 of this act, the city council or other governing body of a city may, by ordinance regularly enacted, regulate, control and prohibit, as a public nuisance, excessive noise which is injurious to health or which interferes unreasonably with the comfortable enjoyment of life or property within the boundaries of the city.

Sec. 6. 1. If, on the effective date of this act, the board of county commissioners in a county whose population is 700,000 or more or the governing body of a city located in such a county has adopted an ordinance restricting hours in which construction work may begin in a common-interest community and the ordinance does not allow construction work in a declarant-controlled common-interest community to begin at, but not earlier than, 5 a.m. during the period beginning on April 1 and ending on September 30, the board of county commissioners or governing body must amend the ordinance to comply with section 1 or 4 of this act, as applicable.

2. As used in this section:

(a) “Common-interest community” has the meaning ascribed to it in NRS 116.021.

(b) “Declarant controlled common-interest community” means a common-interest community in which the original developer controls a majority of the units.

Sec. 7. This act becomes effective upon passage and approval.

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ê2023 Statutes of Nevada, Page 450ê

CHAPTER 92, AB 210

Assembly Bill No. 210–Assemblymen Duran, Torres, González; Carter, Gorelow, La Rue Hatch, Marzola, Newby, Nguyen and Thomas

CHAPTER 92

[Approved: May 30, 2023]

AN ACT relating to public works; requiring a contractor on a public work to provide a worker with written or electronic notice of certain information; requiring a person found by the Labor Commissioner to have willfully and repeatedly failed to pay prevailing wages to a worker to pay certain damages to the affected worker; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law requires every contract to which a public body of this State is a party that requires the employment of certain skilled, semiskilled and unskilled workers to contain in express terms the hourly and daily rate of wages to be paid to each class of applicable workers. The hourly and daily rate must not be less than the prevailing wage in the region in which the public work is located, as determined by the Labor Commissioner. (NRS 338.020, 338.030) Section 5.5 of this bill requires each contractor engaged on a public work to provide his or her workers at the time of hire a written or electronic notice that sets forth: (1) the Internet website of the Labor Commissioner where the prevailing wage rates for the public work project are posted; (2) the name of the contractor; and (3) the physical address of the principal place of business of the contractor. Section 5.5 further requires the contractor to obtain a written or electronic acknowledgment of receipt of any notice, to be maintained by the contractor for a period of at least 2 years and made available to the Labor Commissioner upon request.

Existing law requires, with certain exception, the Labor Commissioner, after an opportunity for a hearing, to assess a person found to have failed to pay the required prevailing wage an amount equal to the difference between the prevailing wages required to be paid and the wages that the contractor or subcontractor actually paid. (NRS 338.090) Section 6 of this bill requires, without exception, a person found to have willfully and repeatedly failed to pay the prevailing wage to pay an affected worker damages in an amount that is equal to the difference between the prevailing wages required to be paid and the wages that the contractor or subcontractor actually paid to the affected worker.

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 338 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5.5, inclusive, of this act.

Secs. 2-5. (Deleted by amendment.)

Sec. 5.5. 1. A contractor engaged on a public work shall provide to his or her workers at the time of hire a written or electronic notice that includes, without limitation:

(a) The Internet website of the Labor Commissioner where the prevailing wage rates for the public work are posted;

(b) The name of the contractor; and

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ê2023 Statutes of Nevada, Page 451 (CHAPTER 92, AB 210)ê

2. A contractor shall obtain a written or electronic acknowledgement of receipt of any notice pursuant to this section. The acknowledgement of notice must be maintained by the contractor for at least 2 years, made available to the Labor Commissioner upon request and include, without limitation:

(a) The worker’s name, contact information and signature; and

(b) The date on which the worker received the notice.

Sec. 6. NRS 338.090 is hereby amended to read as follows:

338.090 1. Except as otherwise provided in subsection 5, any person, including the officers, agents or employees of a public body, who violates any provision of NRS 338.010 to 338.090, inclusive, or any regulation adopted pursuant thereto, is guilty of a misdemeanor.

2. The Labor Commissioner, in addition to any other remedy or penalty provided in this chapter:

(a) Shall, except as otherwise provided in subsection 4, assess a person who, after an opportunity for a hearing, is found to have failed to pay the prevailing wage required pursuant to NRS 338.020 to 338.090, inclusive, an amount equal to the difference between the prevailing wages required to be paid and the wages that the contractor or subcontractor actually paid; [and]

(b) Shall require a person found to have willfully and repeatedly failed to pay the prevailing wage required pursuant to NRS 338.020 to 338.090, inclusive, to pay damages to each affected worker in an amount equal to the difference between the prevailing wages required to be paid and the wages that the contractor or subcontractor actually paid to the worker; and

(c) May, in addition to any other administrative penalty, impose an administrative penalty not to exceed the costs incurred by the Labor Commissioner to investigate and prosecute the matter.

3. If the Labor Commissioner finds that a person has failed to pay the prevailing wage required pursuant to NRS 338.020 to 338.090, inclusive, the public body may, in addition to any other remedy or penalty provided in this chapter, require the person to pay the actual costs incurred by the public body to investigate the matter.

4. The Labor Commissioner is not required to assess a person an amount equal to the difference between the prevailing wages required to be paid and the wages that the contractor or subcontractor actually paid if the contractor or subcontractor has already paid that amount to a worker pursuant to paragraph (c) of subsection 4 of NRS 338.035.

5. The provisions of subsection 1 do not apply to a subcontractor specified in NRS 338.072.

Sec. 7. 1. This section becomes effective upon passage and approval.

2. Sections 1 to 6, inclusive, of this act become effective:

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

(b) On January 1, 2024, for all other purposes.

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ê2023 Statutes of Nevada, Page 452ê

CHAPTER 93, AB 225

Assembly Bill No. 225–Assemblywoman Newby

CHAPTER 93

[Approved: May 30, 2023]

AN ACT relating to governmental administration; authorizing certain persons to request a court order to make certain personal information in the possession of a county recorder, county assessor or elections official be kept in a confidential manner; making various other changes relating to the procedures for a person to request personal information in the possession of a county recorder, county assessor or elections official be maintained in a confidential manner; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law authorizes certain persons and the spouse, domestic partner or minor child thereof, to request a court order to require that a county recorder, county assessor, county clerk, city clerk or the Secretary of State maintain the personal information of the person contained in their records in a confidential manner. (NRS 247.540, 250.140, 293.908) Sections 8, 16 and 25 of this bill make the lists of persons who are authorized to request such a court order consistent. Sections 7, 15 and 26 of this bill provide that any order of a court obtained pursuant to existing law authorizes, under certain circumstances, the county recorder, county assessor, county clerk, city clerk or the Secretary of State to keep personal information received subsequent to the date of the court order confidential.

Sections 4, 12 and 22 of this bill set forth a process for a person who is not otherwise authorized under existing law, or a representative of a governmental agency for whom such a person is an employee, to petition the district court to make the personal information of the person that is contained in the records of the county recorder, county assessor, county clerk, city clerk or the Secretary of State confidential. Any such petition must set forth sufficient justification for the request for confidentiality, including, without limitation: (1) evidence of the existence of a threat to the petitioner or the spouse, domestic partner or minor child of the petitioner and that such threat is mitigated by making the personal information confidential; or (2) evidence that a threat has existed within the last 5 years to a person who holds a similar position as the petitioner and that such threat was mitigated by making the personal information of the person confidential. Any such order of the court expires 5 years after the date of the order, but may be extended in 5-year increments.

Sections 6, 14 and 24 of this bill make conforming changes to provide that the definitions of “confidential information” include personal information deemed confidential pursuant to sections 4, 12 and 22.

Sections 9, 17 and 27 of this bill make conforming changes to provide that if a person who obtains a court order pursuant to section 4, 12 or 22 requests confidentiality of his or her personal information, the confidential information may only be disclosed in certain circumstances.

Section 19 of this bill makes a conforming change to provide the personal information that has been made confidential pursuant to sections 4, 12 and 22 is not a public record.

Sections 10, 11, 13, 18-20, 23 and 27-29 of this bill make conforming changes to indicate the proper placement of sections 4, 12 and 22 in the Nevada Revised Statutes.

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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:

Sections 1-3. (Deleted by amendment.)

Sec. 4. Chapter 247 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Any person who is not otherwise described in NRS 247.540 or a representative of a governmental agency, on behalf of a person who is an employee of the governmental agency and is not otherwise described in NRS 247.540, may petition a district court to have personal information of the person that is contained in the records of a county recorder be maintained in a confidential manner. Any such a petition must be based on a sworn affidavit which:

(a) Sets forth sufficient justification for the request for confidentiality, including, without limitation:

(1) Evidence of the existence of a threat to the petitioner or the spouse, domestic partner or minor child of the petitioner and that such threat is mitigated by making the personal information contained in the records of the county recorder confidential; or

(2) Evidence that a threat has existed within the last 5 years to a person who holds a similar position as the petitioner and that such threat was mitigated by making the personal information contained in the records of the county recorder confidential; and

(b) Sets forth the document numbers of all records of the county recorder that contain confidential information.

2. A petition filed pursuant to this section must be filed under seal and no filing fee may be charged.

3. The district court may order the personal information of the petitioner contained in the records of the county recorder to be confidential if, based on a preponderance of the evidence, the court finds:

(a) The existence of a threat to the petitioner or the spouse, domestic partner or minor child of the petitioner and that such threat is mitigated by making the personal information contained in the records of the county recorder confidential.

(b) That a threat has existed within the last 5 years to a person who holds a similar position as the petitioner and that such threat was mitigated by making the personal information contained in the records of the county recorder confidential.

4. Any order of a court requiring the personal information of a person contained in the records of the county recorder be maintained in a confidential manner pursuant to this section:

(a) Is sufficient for the person to request that any personal information set forth in a document that is filed with the county recorder subsequent to the court order be maintained in a confidential manner.

(b) Expires 5 years after the date of the order. The county recorder must notify the person at least 6 months before the expiration of the order. The person may submit a request to the district court to extend the order. Any such extension expires 5 years after the date of the extension.

5. Upon receipt of an order obtained pursuant to this section, the county recorder shall keep such information confidential and shall not:

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(a) Disclose the confidential information to anyone, unless disclosure is specifically authorized in writing by that person or entity; or

(b) Post the confidential information on the Internet or its successor, if any, or make the information available to others in any other way.

6. As used in this section, “personal information” means:

(a) The home address of a person;

(b) The home address of the spouse, domestic partner or minor child of a person; and

Sec. 5. NRS 247.500 is hereby amended to read as follows:

247.500 As used in NRS 247.500 to 247.600, inclusive, and section 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 247.510 and 247.520 have the meanings ascribed to them in those sections.

Sec. 6. NRS 247.510 is hereby amended to read as follows:

247.510 “Confidential information” means personal information deemed confidential pursuant to NRS 247.530 [.] or section 4 of this act.

Sec. 7. NRS 247.530 is hereby amended to read as follows:

247.530 1. Except as otherwise provided in subsection 2, any person or entity listed in NRS 247.540 who wishes to have the personal information of the person or entity that is contained in the records of a county recorder be kept confidential must obtain an order of a court that requires the county recorder to maintain the personal information of the person or entity in a confidential manner. Such an order must be based on a sworn affidavit by the person or, if an entity, a person authorized to sign on behalf of the entity, which affidavit:

(a) States that the affiant qualifies as a person listed in NRS 247.540 or that the entity on behalf of whom the person is signing qualifies as an entity listed in NRS 247.540;

(b) Sets forth sufficient justification for the request for confidentiality; and

2. A person for whom a fictitious address has been issued pursuant to NRS 217.462 to 217.471, inclusive, may request the county recorder to maintain the personal information of the person in a confidential manner without obtaining a court order pursuant to subsection 1 by submitting to the county recorder:

(a) A sworn affidavit which:

(1) States that the affiant has been issued a fictitious address pursuant to NRS 217.462 to 217.471, inclusive; and

(2) Sets forth the document numbers of all records of a county recorder that contain confidential information; and

(b) Proof that the person has been issued a fictitious address pursuant to NRS 217.462 to 217.471, inclusive, including, without limitation, a confirmation letter and a copy of the enrollment card if such documents are issued by the Division of Child and Family Services of the Department of Health and Human Services.

Ê Upon request of the county recorder, the Division shall verify whether a person who has submitted a request pursuant to this subsection has been issued a fictitious address pursuant to NRS 217.462 to 217.471, inclusive.

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ê2023 Statutes of Nevada, Page 455 (CHAPTER 93, AB 225)ê

3. Upon receipt of an order obtained pursuant to subsection 1 or a request made pursuant to subsection 2, a county recorder shall keep such information confidential and shall not:

(a) Disclose the confidential information to anyone, unless disclosure is specifically authorized in writing by that person or entity; or

(b) Post the confidential information on the Internet or its successor, if any, or make the information available to others in any other way.

4. Any order of a court obtained pursuant to subsection 1 may authorize the county recorder to keep personal information confidential in a record that is filed with the county recorder subsequent to the date of the court order if the person submits a request to the county recorder along with the document number.

Sec. 8. NRS 247.540 is hereby amended to read as follows:

247.540 1. The following persons may request that the personal information described in subsection 1, 2 or 3 of NRS 247.520 that is contained in the records of a county recorder be kept confidential:

(a) Any justice or judge in this State.

(b) Any senior justice or senior judge in this State.

(d) Any clerk of a court, court administrator or court executive officer in this State.

(e) Any county or city clerk or registrar of voters charged with the powers and duties relating to elections and any deputy appointed by such county or city clerk or registrar of voters in the elections division of the county or city.

(f) Any peace officer or retired peace officer.

(g) Any [district attorney or attorney employed by the district attorney who as part of his or her normal job responsibilities prosecutes persons for:

(1) Crimes that are punishable as category A felonies; or

(2) Domestic violence.

(g)] prosecutor.

(h) Any state or county public defender . [who as part of his or her normal job responsibilities defends persons for:

(1) Crimes that are punishable as category A felonies; or

(2) Domestic violence.

(h)] (i) Any person employed by the Office of the Attorney General who prosecutes or defends actions on behalf of the State of Nevada or any agency in the Executive Department of the State Government.

[(i)] (j) Any person, including without limitation, a social worker, employed by this State or a political subdivision of this State who as part of his or her normal job responsibilities:

(1) Interacts with the public; and

(2) Performs tasks related to child welfare services or child protective services or tasks that expose the person to comparable dangers.

[(j)] (k) Any county manager in this State.

[(k)] (l) Any inspector, officer or investigator employed by this State or a political subdivision of this State designated by his or her employer:

(1) Who possesses specialized training in code enforcement;

(2) Who, as part of his or her normal job responsibilities, interacts with the public; and

(3) Whose primary duties are the performance of tasks related to code enforcement.

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[(l)] (m) The spouse, domestic partner or minor child of a person described in paragraphs (a) to [(k),] (l), inclusive.

[(m)] (n) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to [(k),] (l), inclusive, who was killed in the performance of his or her duties.

[(n)] (o) Any person for whom a fictitious address has been issued pursuant to NRS 217.462 to 217.471, inclusive.

2. Any nonprofit entity in this State that maintains a confidential location for the purpose of providing shelter to victims of domestic violence may request that the personal information described in subsection 4 of NRS 247.520 that is contained in the records of a county recorder be kept confidential.

3. As used in this section:

(a) “Child protective services” has the meaning ascribed to it in NRS 432B.042.

(b) “Child welfare services” has the meaning ascribed to it in NRS 432B.044.

(c) “Code enforcement” means the enforcement of laws, ordinances or codes regulating public nuisances or the public health, safety and welfare.

(d) “Peace officer” means:

(1) Any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive; and

(2) Any person:

(I) Who resides in this State;

(II) Whose primary duties are to enforce the law; and

(III) Who is employed by a law enforcement agency of the Federal Government, including, without limitation, a ranger for the National Park Service and an agent employed by the Federal Bureau of Investigation, Secret Service, United States Department of Homeland Security or United States Department of the Treasury.

(e) “Prosecutor” has the meaning ascribed to it in NRS 241A.030.

(f) “Social worker” means any person licensed under chapter 641B of NRS.

Sec. 9. NRS 247.550 is hereby amended to read as follows:

247.550 If a person or entity listed in NRS 247.540 or a person who obtains a court order pursuant to section 4 of this act requests confidentiality, the confidential information of that person or entity may only be disclosed as provided in NRS 239.0115 or 247.560 or as otherwise specifically authorized by law.

Sec. 10. NRS 247.580 is hereby amended to read as follows:

247.580 1. A person shall not:

(a) Make a false representation to obtain any information pursuant to NRS 247.500 to 247.570, inclusive [;] , and section 4 of this act; or

(b) Knowingly obtain or disclose information pursuant to NRS 247.500 to 247.570, inclusive, and section 4 of this act, for any use not authorized pursuant to NRS 247.500 to 247.570, inclusive [.] , and section 4 of this act.

2. A person who violates the provisions of this section is guilty of a misdemeanor.

Sec. 11. NRS 247.590 is hereby amended to read as follows:

247.590 If a person discloses confidential information about a person or entity [listed in NRS 247.540] in violation of NRS 247.500 to 247.570, inclusive, and section 4 of this act, and the person who makes the disclosure knows or reasonably should know that such disclosure will create a substantial risk of bodily harm to the person about whom the information pertains or to a person to whom the entity is providing shelter, as applicable, the person who makes the disclosure is guilty of a misdemeanor.

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knows or reasonably should know that such disclosure will create a substantial risk of bodily harm to the person about whom the information pertains or to a person to whom the entity is providing shelter, as applicable, the person who makes the disclosure is guilty of a misdemeanor.

Sec. 12. Chapter 250 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Any person who is not otherwise described in NRS 250.140 or a representative of a governmental agency, on behalf of a person who is an employee of the governmental agency and is not otherwise described in NRS 250.140, may petition a district court to have personal information of the person that is contained in the records of a county assessor be maintained in a confidential manner. Any such a petition must be based on a sworn affidavit which:

(a) Sets forth sufficient justification for the request for confidentiality, including, without limitation:

(b) Sets forth the document numbers of all records of the county assessor that contain confidential information.

2. A petition filed pursuant to this section must be filed under seal and no filing fee may be charged.

3. The district court may order the personal information of the petitioner contained in the records of the county assessor to be confidential if, based on a preponderance of the evidence, the court finds:

4. Any order of a court requiring the personal information of a person contained in the records of the county assessor be maintained in a confidential manner pursuant to this section:

(a) Is sufficient for the person to request that any personal information set forth in a document that is filed with the county assessor subsequent to the court order be maintained in a confidential manner.

(b) Expires 5 years after the date of the order. The county assessor must notify the person at least 6 months before the expiration of the order. The person may submit a request to the district court to extend the order. Any such extension expires 5 years after the date of the extension.

5. Upon receipt of an order obtained pursuant to this section, the county assessor shall keep such information confidential and shall not:

(a) Disclose the confidential information to anyone, unless disclosure is specifically authorized in writing by that person or entity; or

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(b) Post the confidential information on the Internet or its successor, if any, or make the information available to others in any other way.

6. As used in this section, “personal information” means:

(a) The home address of a person;

(b) The home address of the spouse, domestic partner or minor child of a person; and

Sec. 13. NRS 250.100 is hereby amended to read as follows:

250.100 As used in NRS 250.100 to 250.230, inclusive, and section 12 of this act, unless the context otherwise requires, the words and terms defined in NRS 250.110 and 250.120 have the meanings ascribed to them in those sections.

Sec. 14. NRS 250.110 is hereby amended to read as follows:

250.110 “Confidential information” means personal information deemed confidential pursuant to NRS 250.130 [.] or section 12 of this act.

Sec. 15. NRS 250.130 is hereby amended to read as follows:

250.130 1. Except as otherwise provided in subsection 2, any person or entity listed in NRS 250.140 who wishes to have the personal information of the person or entity that is contained in the records of a county assessor be kept confidential must obtain an order of a court that requires the county assessor to maintain the personal information of the person or entity in a confidential manner. Such an order must be based on a sworn affidavit by the person or, if an entity, a person authorized to sign on behalf of the entity, which affidavit:

(a) States that the affiant qualifies as a person listed in NRS 250.140 or that the entity on behalf of whom the person is signing qualifies as an entity listed in NRS 250.140; and

(b) Sets forth sufficient justification for the request for confidentiality.

2. A person for whom a fictitious address has been issued pursuant to NRS 217.462 to 217.471, inclusive, may request a county assessor to maintain the personal information of the person in a confidential manner without obtaining a court order pursuant to subsection 1 by submitting to the county assessor:

(a) A sworn affidavit which states that the affiant has been issued a fictitious address pursuant to NRS 217.462 to 217.471, inclusive; and

Ê Upon request of the county assessor, the Division shall verify whether a person who has submitted a request pursuant to this subsection has been issued a fictitious address pursuant to NRS 217.462 to 217.471, inclusive.

3. Upon receipt of an order obtained pursuant to subsection 1 or a request made pursuant to subsection 2, a county assessor shall keep such information confidential and shall not:

(a) Disclose the confidential information to anyone, unless disclosure is specifically authorized in writing by that person or entity; or

(b) Post the confidential information on the Internet or its successor, if any, or make the information available to others in any other way.

4. Any order of a court obtained pursuant to subsection 1 may authorize the county assessor to keep personal information confidential in a record that is filed with the county assessor subsequent to the date of the court order if the person submits a request to the county assessor along with the document number.

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a record that is filed with the county assessor subsequent to the date of the court order if the person submits a request to the county assessor along with the document number.

Sec. 16. NRS 250.140 is hereby amended to read as follows:

250.140 1. The following persons may request that personal information described in subsection 1, 2 or 3 of NRS 250.120 that is contained in the records of a county assessor be kept confidential:

(a) Any justice or judge in this State.

(b) Any senior justice or senior judge in this State.

(d) Any clerk of a court, court administrator or court executive officer in this State.

(f) Any peace officer or retired peace officer.

(g) Any prosecutor.

(h) Any state or county public defender.

(i) Any person employed by the Office of the Attorney General who prosecutes or defends actions on behalf of the State of Nevada or any agency in the Executive Department of the State Government.

(j) Any person, including without limitation, a social worker, employed by this State or a political subdivision of this State who as part of his or her normal job responsibilities [interacts] :

(1) Interacts with the public ; and [performs]

(2) Performs tasks related to child welfare services or child protective services or tasks that expose the person to comparable dangers.

(k) Any county manager in this State.

(l) Any inspector, officer or investigator employed by this State or a political subdivision of this State designated by his or her employer [who] :

(1) Who possesses specialized training in code enforcement [,] ;

(2) Who, as part of his or her normal job responsibilities, interacts with the public ; and [whose]

(3) Whose primary duties are the performance of tasks related to code enforcement.

(m) The spouse, domestic partner or minor child of a person described in paragraphs (a) to (l), inclusive.

(n) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to (l), inclusive, who was killed in the performance of his or her duties.

(o) Any person for whom a fictitious address has been issued pursuant to NRS 217.462 to 217.471, inclusive.

2. Any nonprofit entity in this State that maintains a confidential location for the purpose of providing shelter to victims of domestic violence may request that the personal information described in subsection 4 of NRS 250.120 that is contained in the records of a county assessor be kept confidential.

3. As used in this section:

(a) “Child protective services” has the meaning ascribed to it in NRS 432B.042.

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ê2023 Statutes of Nevada, Page 460 (CHAPTER 93, AB 225)ê

(b) “Child welfare services” has the meaning ascribed to it in NRS 432B.044.

(c) “Code enforcement” means the enforcement of laws, ordinances or codes regulating public nuisances or the public health, safety and welfare.

(d) “Peace officer” means:

(1) Any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive; and

(2) Any person:

(I) Who resides in this State;

(II) Whose primary duties are to enforce the law; and

(e) “Prosecutor” has the meaning ascribed to it in NRS 241A.030.

(f) “Social worker” means any person licensed under chapter 641B of NRS.

Sec. 17. NRS 250.150 is hereby amended to read as follows:

250.150 If a person or entity listed in NRS 250.140 or person who obtains a court order pursuant to section 12 of this act requests confidentiality, the confidential information of that person or entity may only be disclosed as provided in NRS 239.0115, 250.087, 250.160 or 250.180 or as otherwise specifically authorized by law.

Sec. 18. NRS 250.180 is hereby amended to read as follows:

250.180 A county assessor may establish a program whereby a person may request a complete list of the assessor’s roll, including, without limitation, any confidential information, by establishing an account with the office of the assessor to facilitate the person’s ability to request such information electronically or by written request if the person has submitted to the assessor proof that he or she is eligible to request such information pursuant to NRS 250.160 and a signed and notarized affidavit acknowledging:

1. That the person has read and fully understands the current laws and regulations regarding the manner in which confidential information from the assessor’s files and records may be obtained and the authorized use of such information.

2. That the person understands that any sale or disclosure of such information must be in accordance with the provisions of NRS 250.100 to 250.180, inclusive [.] , and section 12 of this act.

3. That the person understands that the assessor will maintain a record of any confidential information he or she requests.

4. That the person understands the penalties for violating the provisions of NRS 250.100 to 250.180, inclusive [.] , and section 12 of this act.

5. That the person understands that a violation of any of the provisions of NRS 250.100 to 250.180, inclusive, and section 12 of this act, may result in a revocation of his or her privilege to request documents pursuant to this section.

Sec. 19. NRS 250.210 is hereby amended to read as follows:

250.210 1. A person shall not:

(a) Make a false representation to obtain any information pursuant to NRS 250.100 to 250.180, inclusive [;] , and section 12 of this act; or

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(b) Knowingly obtain or disclose information pursuant to NRS 250.100 to 250.180, inclusive, and section 12 of this act, for any use not authorized pursuant to NRS 250.087 or 250.100 to 250.180, inclusive [.] , and section 12 of this act.

2. A person who violates the provisions of this section is guilty of a misdemeanor.

Sec. 20. NRS 250.220 is hereby amended to read as follows:

250.220 If a person discloses confidential information about a person or entity [listed in NRS 250.140] in violation of NRS 250.100 to 250.180, inclusive, and section 12 of this act, and the person who makes the disclosure knows or reasonably should know that such disclosure will create a substantial risk of bodily harm to the person about whom the information pertains or to a person to whom the entity is providing shelter, as applicable, the person who makes the disclosure is guilty of a misdemeanor.

Sec. 21. NRS 239.010 is hereby amended to read as follows:

239.010 1. Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 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, 414.280, 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.

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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, 629.047, 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 4, 12 and 22 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.

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(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:

Sec. 22. Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Any person who is not otherwise described in NRS 293.908 or a representative of a governmental agency, on behalf of a person who is an employee of the governmental agency and is not otherwise described in NRS 293.908, may petition a district court to have personal information of the person that is contained in the records of the Secretary of State or a county or city clerk be maintained in a confidential manner. Any such a petition must be based on a sworn affidavit which sets forth sufficient justification for the request for confidentiality, including, without limitation:

(a) Evidence of the existence of a threat to the petitioner or the spouse, domestic partner or minor child of the petitioner and that such threat is mitigated by making the personal information contained in the records of the Secretary of State or a county or city clerk confidential; or

(b) Evidence that a threat has existed within the last 5 years to a person who holds a similar position as the petitioner and that such threat was mitigated by making the personal information contained in the records of the Secretary of State or a county or city clerk confidential; and

2. A petition filed pursuant to this section must be filed under seal and no filing fee may be charged.

3. The district court may order the personal information of the petitioner contained in the records of the Secretary of State or a county or city clerk to be confidential if, based on a preponderance of the evidence, the court finds:

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ê2023 Statutes of Nevada, Page 464 (CHAPTER 93, AB 225)ê

4. Any order of a court requiring the personal information of a person contained in the records of the Secretary of State or a county or city clerk be maintained in a confidential manner pursuant to this section:

(a) Is sufficient for the person to request that any personal information set forth in the records of the Secretary of State or a county or city clerk subsequent to the court order be maintained in a confidential manner.

(b) Expires 5 years after the date of the order. The Secretary of State, county clerk and city clerk must notify the person at least 6 months before the expiration of the order. The person may submit a request to the district court to extend the order. Any such extension expires 5 years after the date of the extension.

5. Upon receipt of an order obtained pursuant to this section, the Secretary of State, county clerk and city clerk shall keep such information confidential and shall not:

(a) Disclose the confidential information to anyone, unless disclosure is specifically authorized in writing by that person or entity; or

(b) Post the confidential information on the Internet or its successor, if any, or make the information available to others in any other way.

6. As used in this section, “personal information” means:

(a) The home address of a person;

(b) The home address of the spouse, domestic partner or minor child of a person; and

Sec. 23. NRS 293.900 is hereby amended to read as follows:

293.900 As used in NRS 293.900 to 293.920, inclusive, and section 22 of this act, unless the context otherwise requires, the words and terms defined in NRS 293.902 and 293.904 have the meanings ascribed to them in those sections.

Sec. 24. NRS 293.902 is hereby amended to read as follows:

293.902 “Confidential information” means personal information deemed confidential pursuant to NRS 293.906 [.] or section 22 of this act.

Sec. 25. NRS 293.908 is hereby amended to read as follows:

293.908 1. The following persons may request that personal information contained in the records of the Secretary of State or a county or city clerk be kept confidential:

(a) Any justice or judge in this State.

(b) Any senior justice or senior judge in this State.

(d) Any clerk of a court, court administrator or court executive officer in this State.

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ê2023 Statutes of Nevada, Page 465 (CHAPTER 93, AB 225)ê

(f) Any peace officer or retired peace officer.

(g) Any [district attorney or attorney employed by the district attorney who as part of his or her normal job responsibilities prosecutes persons for:

(1) Crimes that are punishable as category A felonies; or

(2) Domestic violence.

(f)] prosecutor.

(h) Any state or county public defender . [who as part of his or her normal job responsibilities defends persons for:

(1) Crimes that are punishable as category A felonies; or

(2) Domestic violence.

(g)] (i) Any person employed by the Office of the Attorney General who prosecutes or defends actions on behalf of the State of Nevada or any agency in the Executive Department of the State Government.

[(h)] (j) Any person, including without limitation, a social worker, employed by this State or a political subdivision of this State who as part of his or her normal job responsibilities:

(1) Interacts with the public; and

(2) Performs tasks related to child welfare services or child protective services or tasks that expose the person to comparable dangers.

[(i)] (k) Any county manager in this State.

[(j)] (l) Any inspector, officer or investigator employed by this State or a political subdivision of this State designated by his or her employer:

(1) Who possess specialized training in code enforcement;

(2) Who, as part of his or her normal job responsibilities, interacts with the public; and

(3) Whose primary duties are the performance of tasks related to code enforcement.

[(k) Any county or city clerk or registrar of voters charged with the powers and duties relating to elections and any deputy appointed by the county or city clerk or registrar of voters in the elections division of the county or city.

(l)] (m) The spouse, domestic partner or minor child of a person described in paragraphs (a) to [(k),] (l), inclusive.

[(m)] (n) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to [(k),] (l), inclusive, who was killed in the performance of his or her duties.

2. As used in this section:

(a) “Child protective services” has the meaning ascribed to it in NRS 432B.042.

(b) “Child welfare services” has the meaning ascribed to it in NRS 432B.044.

(c) “Code enforcement” means the enforcement of laws, ordinances or codes regulating public nuisances or the public health, safety and welfare.

(d) “Peace officer” means:

(1) Any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive; and

(2) Any person:

(I) Who resides in this State;

(II) Whose primary duties are to enforce the law; and

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Investigation, Secret Service, United States Department of Homeland Security or United States Department of the Treasury.

(e) “Prosecutor” has the meaning ascribed to it in NRS 241A.030.

(f) “Social worker” means any person licensed under chapter 641B of NRS.

Sec. 26. NRS 293.906 is hereby amended to read as follows:

293.906 1. Any person listed in NRS 293.908 who wishes to have personal information about himself or herself that is contained in the records of the Secretary of State or a county or city clerk be kept confidential must obtain an order of a court that requires the Secretary of State or the county clerk or city clerk to maintain the personal information of the person in a confidential manner. Such an order must be based on a sworn affidavit by the person, which affidavit:

(a) States that the affiant qualifies as a person listed in NRS 293.908; and

(b) Sets forth sufficient justification for the request for confidentiality.

2. Upon receipt of such an order, the Secretary of State or a county or city clerk shall keep such information confidential and shall not:

(a) Disclose the confidential information to anyone, unless disclosure is specifically authorized in writing by that person; or

(b) Post the confidential information on the Internet or its successor, if any, or make the information available to others in any other way.

3. Any order of a court obtained pursuant to subsection 1 may authorize the Secretary of State or county or city clerk to keep personal information confidential that is received subsequent to the date of the court order if the person submits a request to the Secretary of State or county or city clerk, as applicable.

Sec. 27. NRS 293.910 is hereby amended to read as follows:

293.910 If a person listed in NRS 293.908 or a person who obtains a court order pursuant to section 22 of this act requests confidentiality, the confidential information of that person may only be disclosed as provided in NRS 239.0115 or 293.912 or as otherwise specifically authorized by law.

Sec. 28. NRS 293.916 is hereby amended to read as follows:

293.916 1. A person shall not:

(a) Make a false representation to obtain any information pursuant to NRS 293.900 to 293.914, inclusive [;] , and section 22 of this act; or

(b) Knowingly obtain or disclose information pursuant to NRS 293.900 to 293.914, inclusive, and section 22 of this act, for any use not authorized pursuant to NRS 293.900 to 293.914, inclusive [.] , and section 22 of this act.

2. A person who violates the provisions of this section is guilty of a misdemeanor.

Sec. 29. NRS 293.918 is hereby amended to read as follows:

293.918 If a person discloses confidential information about a person [listed in NRS 293.908] in violation of NRS 293.900 to 293.914, inclusive, and section 22 of this act, and the person who makes the disclosure knows or reasonably should know that such disclosure will create a substantial risk of bodily harm to the person about whom the information pertains, the person who makes the disclosure is guilty of a misdemeanor.

Sec. 30. This act becomes effective upon passage and approval.

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