[Rev. 3/13/2024 9:50:03 AM]
κ2023 Statutes of Nevada, Page 467κ
Assembly Bill No. 227Assemblywoman Cohen
CHAPTER 94
[Approved: May 30, 2023]
AN ACT relating to domestic relations; creating summary procedures for the resolution of certain matters relating to annulment and child custody; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes parties to a divorce to use a summary procedure to dissolve the marriage when both parties desire the court to enter a decree of divorce and, among other conditions, have reached an agreement regarding or have waived their respective rights to: (1) a written notice of entry of the decree of divorce; (2) appeal; (3) request findings of fact and conclusions of law; and (4) move for a new trial. (NRS 125.181) Entry of the final judgment upon a joint petition for a summary proceeding for divorce constitutes a final adjudication of the rights and obligations of the parties with respect to the status of marriage and the property rights of the parties. (NRS 125.184) Sections 5-8 of this bill create a summary procedure for an annulment similar to the summary procedure for divorce when certain factors are present and both spouses agree to the summary procedure. Sections 16-19 of this bill create a summary procedure to determine child custody when the parents or legal guardians of a child have reached a detailed agreement on the custody, medical or other care, education, maintenance and support of the child and the court determines that using the summary procedure is in the best interest of the child.
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 125 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8 of this act.
Secs. 2-4. (Deleted by amendment.)
Sec. 5. A marriage may be dissolved by the summary procedure for annulment set forth in sections 5 to 8, inclusive, of this act, when all of the following conditions exist at the time the proceeding is commenced:
1. Either party has met the jurisdictional requirements of NRS 125.360 or 125.370, as applicable.
2. If there are minor children of the relationship of the parties born before or during the marriage or adopted by the parties during the marriage or a spouse, to her knowledge, is pregnant:
(a) The parties have executed an agreement as to the medical and other care, support, education, maintenance and custody of any children; or
(b) A court of this State has made a child custody determination consistent with NRS 125A.305 or 125A.325.
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3. The parties have executed an agreement settling all potential contested matters in the action.
4. The parties waive their respective rights to written notice of entry of the decree of annulment, to appeal, to request findings of fact and conclusions of law and to move for a new trial.
5. The parties desire that the court enter a decree of annulment.
Sec. 6. 1. A summary proceeding for an annulment may be commenced by filing in any district court a joint petition, signed under oath by both spouses, stating that as of the date of filing, every condition set forth in section 5 of this act has been met and specifying the:
(a) Facts which support the jurisdictional requirements of NRS 125.360 or 125.370, as applicable; and
(b) Grounds for the annulment.
2. The petition must also state:
(a) The date and the place of the marriage.
(b) The mailing address of both spouses.
(c) Whether there are minor children of the relationship of the parties born before or during the marriage or adopted by the parties during the marriage, and whether any spouse, to her knowledge, is pregnant.
(d) Whether either spouse elects to have his or her former name restored and, if so, the name to be restored.
3. An affidavit of corroboration of residency which complies with the provisions of subsections 1, 2 and 4 of NRS 125.123 must accompany the petition.
Sec. 7. 1. At any time before the entry of a final judgment, either party to the marriage may revoke the joint petition and thereby terminate the summary proceeding for an annulment.
2. The revocation may be effected by filing a notice of revocation with the clerk of the court in which the proceeding was commenced.
3. The revoking party shall send a copy of the notice of revocation to the other party by first-class mail, postage prepaid, at his or her last known address.
Sec. 8. 1. Entry of the final judgment upon a petition for a summary proceeding for an annulment constitutes a final adjudication of the rights and obligations of the parties with respect to the status of the marriage and the property rights of the parties and waives the respective rights of the parties to written notice of entry of the judgment or decree, to appeal, to request findings of fact and conclusions of law and to move for a new trial.
2. A final judgment entered pursuant to this section does not prejudice or bar the right of either of the parties to institute an action to set aside the final judgement for fraud, duress, accident, mistake or other grounds recognized at law or in equity.
Sec. 9. NRS 125.090 is hereby amended to read as follows:
125.090 Except [in a summary proceeding for divorce,] as otherwise provided in sections 2 to 8, inclusive, of this act and NRS 125.181 to
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125.184, inclusive, the proceedings, pleadings and practice must conform to the Nevada Rules of Civil Procedure as nearly as conveniently possible, but all preliminary and final orders may be in such form as best effects the object of this chapter, and produces substantial justice.
Secs. 10-12. (Deleted by amendment.)
Sec. 13. NRS 125.250 is hereby amended to read as follows:
125.250 In all cases commenced under NRS 125.190 to 125.280, inclusive, and sections 2 to 8, inclusive, of this act, the proceedings and practice must be the same, as nearly as may be, as those provided in actions for divorce. Suit may be brought in the county in which either party resides at the time the suit is commenced, or in the county in which the spouse may be found.
Sec. 14. Chapter 125C of NRS is hereby amended by adding thereto the provisions set forth as sections 15 to 19, inclusive, of this act.
Sec. 15. Except as otherwise provided in sections 16 to 19, inclusive, of this act, the proceedings, pleadings and practice must conform to the Nevada Rules of Civil Procedure as nearly as conveniently as possible, but all preliminary and final orders may be in such form as best effects the object of this chapter and produces substantial justice.
Sec. 16. An action to determine custody of a child may be brought by the summary procedure set forth in sections 16 to 19, inclusive, of this act, when all of the following conditions exist at the time the proceeding is commenced:
1. A court has jurisdiction pursuant to chapter 125A of NRS.
2. The parties have executed an agreement as to the custody of the child, which must specify, without limitation, the custody, medical or other care, education, maintenance and support of the child.
3. The use of the summary procedure set forth in sections 16 to 19, inclusive, of this act is in the best interest of the child.
4. The agreement of the parties defines the rights and duties of the parties with sufficient particularity to ensure that these rights and duties can be properly enforced and that the best interest of the child is achieved. As used in this subsection, sufficient particularity means a statement of the rights in absolute terms and not by the use of the term reasonable or any other similar term which is susceptible to different interpretations by the parties.
5. The agreement is in accordance with the provisions of chapter 125A of NRS and NRS 125C.0045 and any other provision of law governing the custody of a child.
6. The parties waive their respective rights to written notice of the order determining custody of the child, to appeal, to request findings of facts and conclusions of law and to move for a new trial.
7. The parties desire that the court enter an order that determines the custody of the child.
Sec. 17. 1. A summary proceeding to determine the custody of a child may be commenced by filing in any district court a joint petition,
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signed under oath by both parties, stating that as of the date of filing, every condition set forth in section 16 of this act has been met.
2. The petition must also provide the information required pursuant to NRS 125A.385.
3. The agreement pursuant to section 16 of this act of which the parties wish the court to approve or make a part of the order must be included in the petition or identified and attached to the petition as an exhibit.
Sec. 18. 1. At any time before the entry of an order to determine the custody of a child, either party to a joint petition filed pursuant to section 17 of this act may revoke the joint petition and thereby terminate the summary proceeding to determine the custody of the child.
2. The revocation may be effected by filing a notice of revocation with the clerk of the court in which the proceeding was commenced.
3. The revoking party shall send a copy of the notice of revocation to the other party by first-class mail, postage prepaid, at his or her last known address.
Sec. 19. 1. Entry of an order upon a petition for a summary proceeding for a determination of the custody of a child constitutes an adjudication of the rights and obligations of the parties regarding the custody, care, education, maintenance and support of the child and the respective rights of the parties to written notice of entry of the order, to appeal, to request findings of facts and conclusions of law and to move for a new trial.
2. An order entered pursuant to this section does not prejudice or bar the rights of either party to petition a court to modify or vacate the order pursuant to NRS 125C.0045 or any other provision of law.
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κ2023 Statutes of Nevada, Page 471κ
Assembly Bill No. 264Assemblymen Taylor; Anderson, Gonzαlez and Nguyen
CHAPTER 95
[Approved: May 30, 2023]
AN ACT relating to education; prohibiting a pupil in a public school from being deprived of any award that is based on perfect attendance or any eligibility or opportunity to compete for such an award because of an approved absence from school for the observance of a religious holiday; revising provisions governing the attendance of pupils and circumstances under which a pupil is deemed truant; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law, in general, requires a child between 7 and 18 years of age to attend public school. (NRS 392.040) Existing law requires the board of trustees of each school district to adopt rules that require each public school in the district to include the accounting of attendance and, if feasible, tardiness of a pupil on each report card or other report of progress of the pupil. (NRS 392.118) Section 4 of this bill excludes an absence for the observance of a religious holiday from the absences that are counted for this purpose.
Existing law requires the board of trustees of each school district to prescribe a minimum number of days that a pupil who is subject to compulsory attendance and enrolled in a school in the district must be in attendance for the pupil to obtain credit or to be promoted to the next higher grade. (NRS 392.122) Section 5 of this bill requires days on which a pupil is not in attendance because the pupil is absent for the observance of a religious holiday to be credited towards the required days of attendance if the absence was approved and the pupil has completed course-work requirements.
Existing law provides that a pupil is deemed a truant if the pupil is absent from school without the written approval of the pupils teacher or the principal of the school, unless the pupil is physically or mentally unable to attend school. (NRS 392.130) Section 6 of this bill provides that a pupil is not a truant if the pupil is absent from school for the observance of a religious holiday provided that a pupil may have not more than five such approved absences in a school year. Section 6 requires the parent or legal guardian or other person having control or charge of a pupil who is absent from school for the observance of a religious holiday to notify the teacher or principal of the school in writing at least 3 days before the absence, in accordance with the policy established by the board of trustees of the school district. Section 7 of this bill makes a conforming change to reflect that a pupil who is absent from school for the observance of a religious holiday is not a truant.
Existing law requires the board of trustees of each school district and the governing bodies of certain charter schools to prepare an annual report of accountability that contains certain information regarding the attendance, truancy and transiency of pupils. (NRS 385A.070, 385A.240) Section 6 provides that an approved absence for the observance of a religious holiday is not an absence for the purposes of the annual report of accountability.
Section 3 of this bill prohibits a pupil enrolled in a public school from being deprived of any award that is based on perfect attendance or any eligibility or opportunity to compete for such an award because of an approved absence for the observance of a religious holiday. Sections 1, 2 and 8 of this bill make conforming changes to indicate the proper placement of section 3 in the Nevada Revised Statutes.
κ2023 Statutes of Nevada, Page 472 (CHAPTER 95, AB 264)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 388.846 is hereby amended to read as follows:
388.846 1. If the board of trustees of a school district provides a program of distance education, the board of trustees shall ensure that the persons who operate the program on a day-to-day basis comply with and carry out all applicable requirements, statutes, regulations, rules and policies of the school district, including, without limitation:
(a) Graduation requirements;
(b) Accountability of public schools, as set forth in chapter 385A of NRS;
(c) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive [;] , and section 3 of this act; and
(d) Discipline of pupils.
2. If the governing body of a charter school provides a program of distance education, the governing body shall:
(a) For each pupil who is enrolled in the program, provide written notice to the board of trustees of the school district in which the pupil resides of the type of educational services that will be provided to the pupil through the program. The written notice must be provided to the board of trustees before the pupil receives educational services through the program of distance education.
(b) Ensure that the persons who operate the program on a day-to-day basis comply with and carry out all applicable requirements, statutes, regulations, rules and policies of the charter school, including, without limitation:
(1) Graduation requirements;
(2) Accountability of public schools, as set forth in chapter 385A of NRS;
(3) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive [;] , and section 3 of this act; and
(4) Discipline of pupils.
Sec. 2. NRS 388.862 is hereby amended to read as follows:
388.862 1. If a pupil is enrolled full-time in a program of distance education provided by the board of trustees of a school district, the board of trustees that provides the program shall declare for each such pupil one public school within that school district with which the pupil is affiliated. The board of trustees may declare that all the pupils enrolled in the program of distance education are affiliated with one public school within the school district, or it may declare individual public schools for the pupils enrolled in the program. Upon the declared affiliation, the pupil shall be deemed enrolled in that public school for purposes of all the applicable requirements, statutes, regulations, rules and policies of that public school and school district, including, without limitation:
(a) Graduation requirements;
(b) Accountability of public schools, as set forth in chapter 385A of NRS;
(c) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive [;] , and section 3 of this act; and
(d) Discipline of pupils.
2. A pupil who is enrolled full-time in a program of distance education provided by a charter school shall be deemed enrolled in the charter school. All the applicable requirements, including, without limitation, statutes, regulations, rules and policies of that charter school apply to such a pupil, including, without limitation:
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statutes, regulations, rules and policies of that charter school apply to such a pupil, including, without limitation:
(a) Graduation requirements;
(b) Accountability of public schools, as set forth in chapter 385A of NRS;
(c) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive [;] , and section 3 of this act; and
(d) Discipline of pupils.
3. If a pupil is enrolled part-time in a program of distance education, all the applicable requirements, statutes, regulations, rules and policies of the public school of the school district in which the pupil is otherwise enrolled or the charter school in which the pupil is otherwise enrolled apply to such a pupil, including, without limitation:
(a) Graduation requirements;
(b) Accountability of public schools, as set forth in chapter 385A of NRS;
(c) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive [;] , and section 3 of this act; and
(d) Discipline of pupils.
Sec. 3. Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:
A pupil enrolled in a public school who is absent from school for the observance of a religious holiday may not be deprived of any award that is based on perfect attendance or any eligibility or opportunity to compete for such an award by reason of such absence if the absence is approved pursuant to subsection 4 of NRS 392.130.
Sec. 4. NRS 392.118 is hereby amended to read as follows:
392.118 1. The board of trustees of each school district shall adopt rules that require each public school in the district to include the accounting of attendance and, if feasible, tardiness of a pupil on each report card or other report of progress of the pupil. The report card or other report of progress must indicate the number of absences, if any, for the period covered by the report card or other report of progress.
2. An absence for the observance of a religious holiday which is approved pursuant to subsection 4 of NRS 392.130 must not be counted as an absence for the purposes of this section.
Sec. 5. NRS 392.122 is hereby amended to read as follows:
392.122 1. Except as otherwise provided in NRS 389.320, the board of trustees of each school district shall prescribe a minimum number of days that a pupil who is subject to compulsory attendance and enrolled in a school in the district must be in attendance for the pupil to obtain credit or to be promoted to the next higher grade. The board of trustees of a school district may adopt a policy prescribing a minimum number of days that a pupil who is enrolled in kindergarten or first grade in the school district must be in attendance for the pupil to obtain credit or to be promoted to the next higher grade.
2. For the purposes of this section, the days on which a pupil is not in attendance because the pupil is absent for up to 10 days within 1 school year with the approval of the teacher or principal of the school pursuant to NRS 392.130, must be credited towards the required days of attendance if the pupil has completed course-work requirements. The teacher or principal of the school may approve the absence of a pupil for deployment activities of the parent or legal guardian of the pupil, as defined in NRS 388F.010. If the board of trustees of a school district has adopted a policy pursuant to subsection 5, the 10-day limitation on absences does not apply to absences that are excused pursuant to that policy.
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3. Except as otherwise provided in subsection 5, before a pupil is denied credit or promotion to the next higher grade for failure to comply with the attendance requirements prescribed pursuant to subsection 1, the principal of the school in which the pupil is enrolled or the principals designee shall provide written notice of the intended denial to the parent or legal guardian of the pupil. The notice must include a statement indicating that the pupil and the pupils parent or legal guardian may request a review of the absences of the pupil and a statement of the procedure for requesting such a review. Upon the request for a review by the pupil and the pupils parent or legal guardian, the principal or the principals designee shall review the reason for each absence of the pupil upon which the intended denial of credit or promotion is based. After the review, the principal or the principals designee shall credit towards the required days of attendance each day of absence for which:
(a) There is evidence or a written affirmation by the parent or legal guardian of the pupil that the pupil was physically or mentally unable to attend school on the day of the absence [;] or the absence was approved pursuant to subsection 4 of NRS 392.130; and
(b) The pupil has completed course-work requirements.
4. A pupil and the pupils parent or legal guardian may appeal a decision of a principal or the principals designee pursuant to subsection 3 to the board of trustees of the school district in which the pupil is enrolled.
5. The board of trustees of a school district may adopt a policy to exempt pupils who are physically or mentally unable to attend school from the limitations on absences set forth in subsection 1. If a board of trustees adopts a policy pursuant to this subsection:
(a) A pupil who receives an exemption pursuant to this subsection is not exempt from the minimum number of days of attendance prescribed pursuant to subsection 1.
(b) The days on which a pupil is physically or mentally unable to attend school must be credited towards the required days of attendance if the pupil has completed course-work requirements.
(c) The procedure for review of absences set forth in subsection 3 does not apply to days on which the pupil is absent because the pupil is physically or mentally unable to attend school.
6. For the purposes of this section, the days on which a pupil is not in attendance because the pupil is absent for the observance of a religious holiday must be credited towards the required days of attendance if the absence was approved pursuant to subsection 4 of NRS 392.130 and the pupil has completed course-work requirements. The 10-day limitation on absences set forth in subsection 2 does not apply to days on which the pupil is absent for the observance of a religious holiday if the absence was approved pursuant to subsection 4 of NRS 392.130.
7. A school shall inform the parents or legal guardian of each pupil who is enrolled in the school that the parents or legal guardian and the pupil are required to comply with the provisions governing the attendance and truancy of pupils set forth in NRS 392.040 to 392.160, inclusive, and section 3 of this act and any other rules concerning attendance and truancy adopted by the board of trustees of the school district.
Sec. 6. NRS 392.130 is hereby amended to read as follows:
392.130 1. Within the meaning of this chapter, a pupil shall be deemed a truant who is absent from school without the written approval of the pupils teacher or the principal of the school, unless the pupil is physically or mentally unable to attend school [.] or is absent from school for the observance of a religious holiday.
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for the observance of a religious holiday. The teacher or principal shall give his or her written approval for a pupil to be absent if an emergency exists or upon the request of a parent or legal guardian of the pupil. Before a pupil may attend or otherwise participate in school activities outside the classroom during regular classroom hours, the pupil must receive the approval of the teacher or principal.
2. An unapproved absence for at least one period, or the equivalent of one period for the school, of a school day may be deemed a truancy for the purposes of this section.
3. If a pupil is physically or mentally unable to attend school, the parent or legal guardian or other person having control or charge of the pupil shall notify the teacher or principal of the school orally or in writing, in accordance with the policy established by the board of trustees of the school district, within 3 days after the pupil returns to school.
4. If a pupil will be absent from school for the observance of a religious holiday, the parent or legal guardian or other person having control or charge of the pupil shall notify the teacher or principal of the school in writing, in accordance with the policy established by the board of trustees of the school district, at least 3 days before the pupil will be absent from school. An absence for which notice is provided in accordance with this subsection shall be deemed an approved absence, except that not more than 5 absences within 1 school year may be approved pursuant to this subsection.
5. An absence which has not been approved pursuant to subsection 1 , [or] 3 or 4 shall be deemed an unapproved absence. In the event of an unapproved absence, the teacher, attendance officer or other school official shall deliver or cause to be delivered a written notice of truancy to the parent, legal guardian or other person having control or charge of the child. The written notice must be delivered to the parent, legal guardian or other person who has control of the child. The written notice must inform the parents or legal guardian of such absences in a form specified by the Department.
[5.] 6. The provisions of this section apply to all pupils who are required to attend school pursuant to NRS 392.040.
[6.] 7. For the purposes of collecting the information required pursuant to NRS 385A.240 on the attendance, truancy and transiency of pupils for the annual report of accountability prepared pursuant to NRS 385A.070, an absence that is approved pursuant to subsection 4 shall not be deemed an absence.
8. As used in this section, physically or mentally unable to attend does not include a physical or mental condition for which a pupil is excused pursuant to NRS 392.050.
Sec. 7. NRS 392.140 is hereby amended to read as follows:
392.140 1. Any child who has been declared a truant three or more times within one school year must be declared a habitual truant.
2. Any child who has once been declared a habitual truant and who in an immediately succeeding year is absent from school without the written:
(a) Approval of the childs teacher or the principal of the school pursuant to subsection 1 of NRS 392.130; or
(b) Notice of his or her parent or legal guardian or other person who has control or charge over the pupil pursuant to subsection 3 or 4 of NRS 392.130,
Κ may again be declared a habitual truant.
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3. The provisions of this section apply to all pupils who are required to attend school pursuant to NRS 392.040.
Sec. 8. NRS 129.130 is hereby amended to read as follows:
129.130 1. If the court determines that the petition should be granted, it shall enter a decree of emancipation.
2. A decree so entered is conclusive and binding.
3. Such a decree emancipates the minor for all purposes and removes the disability of minority of the minor insofar as that disability may affect:
(a) The incurring of indebtedness or contractual obligations of any kind;
(b) The litigation and settlement of controversies;
(c) The acquiring, encumbering and conveying of property or any interest therein;
(d) The consenting to medical, dental or psychiatric care without parental consent, knowledge or liability;
(e) The enrolling in any school or college; and
(f) The establishment of the minors own residence.
Κ For these purposes, the minor shall be considered in law as an adult, and any obligation the minor incurs is enforceable by and against the minor without regard to his or her minority.
4. Unless otherwise provided by the decree, the obligation of support otherwise owed a minor by his or her parent or guardian is terminated by the entry of the decree.
5. Except as otherwise provided in this section, a decree of emancipation does not affect the status of the minor for any purpose, including the applicability of any provision of law which:
(a) Prohibits the sale, purchase or consumption of intoxicating liquor to or by a person under the age of 21 years;
(b) Prohibits gaming or employment in gaming by or of a person under the age of 21 years;
(c) Restricts the ability to marry of a person under the age of 18 years;
(d) Governs matters relating to referrals for delinquent acts or violations of NRS 392.040 to 392.125, inclusive, and section 3 of this act, unless the minor has been certified for trial as an adult pursuant to title 5 of NRS; or
(e) Imposes penalties or regulates conduct according to the age of any person.
6. A petition may be filed by any person or by any public agency to void a decree of emancipation on the following grounds:
(a) The minor has become indigent and has insufficient means of support; or
(b) The decree of emancipation was obtained by fraud, misrepresentation or the withholding of material information.
7. The voiding of any decree of emancipation must not alter any contractual obligations or rights or any property rights or interests which arose during the period that the decree was in effect.
Sec. 9. 1. This section becomes effective upon passage and approval.
2. Section 1 to 8, inclusive, of this act becomes effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On July 1, 2024, for all other purposes.
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κ2023 Statutes of Nevada, Page 477κ
Assembly Bill No. 333Assemblywoman Duran
CHAPTER 96
[Approved: May 30, 2023]
AN ACT relating to housing; requiring, under certain circumstances, a housing authority to perform an inspection of and have certain repairs made to certain dwelling units; eliminating the applicability of the Local Government Budget and Finance Act to a regional housing authority and the commissioners of a regional housing authority; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates local housing authorities and the Nevada Rural Housing Authority to operate housing projects for persons of low income in this State. (NRS 315.320, 315.440, 315.977, 315.988) Existing law also authorizes two or more housing authorities in a county whose population is 700,000 or more (currently only Clark County) to form a regional housing authority for such purposes. (NRS 315.7805) Section 1 of this bill requires each housing authority in this State to conduct an inspection of each dwelling unit that is owned or managed by the housing authority and any dwelling unit leased pursuant to certain federal law. (42 U.S.C. § 1437f) Section 1 further requires: (1) the housing authority to obtain the handwritten or electronic signature of the tenant after performing the inspection to confirm that the inspection was conducted; and (2) the housing authority, or the housing authority in coordination with the owner of certain privately owned dwelling units, to ensure that all necessary repairs are made as soon as practicable after the inspection to ensure that the dwelling unit is in a decent, safe and sanitary condition.
The Local Government Budget and Finance Act sets forth various requirements, procedures and limitations relating to the financial administration of local governments. (NRS 354.470-354.626) For the purposes of the Act, a regional housing authority is a local government. (NRS 354.474, 354.536) Sections 3 and 4 of this bill eliminate a regional housing authority and the commissioners of a regional housing authority, respectively, from the definitions of local government and governing body so that the Act no longer applies to a regional housing authority or its commissioners.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 315 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each housing authority in this State shall conduct an inspection of each dwelling unit owned or managed by the housing authority and any dwelling unit leased pursuant to 42 U.S.C. § 1437f, on a regular basis as required by the United States Department of Housing and Urban Development. After performing such an inspection, the housing authority shall obtain the handwritten or electronic signature of the tenant to confirm that the inspection was conducted.
2. If an inspection conducted pursuant to subsection 1 identifies necessary repairs, the housing authority or the housing authority in coordination with the private owner, as applicable, shall ensure that all necessary repairs are made as soon as practicable after the inspection so that the dwelling unit is in a decent, safe and sanitary condition.
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necessary repairs are made as soon as practicable after the inspection so that the dwelling unit is in a decent, safe and sanitary condition.
3. As used in this section, housing authority has the meaning ascribed to it in NRS 315.021. The term includes, without limitation, a regional housing authority and the Nevada Rural Housing Authority.
Sec. 2. (Deleted by amendment.)
Sec. 3. NRS 354.474 is hereby amended to read as follows:
354.474 1. Except as otherwise provided in subsections 2 and 3, the provisions of NRS 354.470 to 354.626, inclusive, apply to all local governments. For the purpose of NRS 354.470 to 354.626, inclusive:
(a) Local government means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 318, 318A and 379 of NRS, NRS 450.550 to 450.750, inclusive, and chapters 474, 541, 543 and 555 of NRS, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.
(b) Local government includes [:
(1) The] the Nevada Rural Housing Authority for the purpose of loans of money from a local government in a county whose population is less than 100,000 to the Nevada Rural Housing Authority in accordance with NRS 354.6118. The term does not include the Nevada Rural Housing Authority for any other purpose.
[(2) A regional authority formed pursuant to NRS 315.7805 but, except as otherwise provided in subparagraph (1), does not include any other housing authority created by or pursuant to chapter 315 of NRS.]
2. An irrigation district organized pursuant to chapter 539 of NRS shall fix rates and levy assessments as provided in NRS 539.667 to 539.683, inclusive. The levy of such assessments and the posting and publication of claims and annual financial statements as required by chapter 539 of NRS shall be deemed compliance with the budgeting, filing and publication requirements of NRS 354.470 to 354.626, inclusive, but any such irrigation district which levies an ad valorem tax shall comply with the filing and publication requirements of NRS 354.470 to 354.626, inclusive, in addition to the requirements of chapter 539 of NRS.
3. An electric light and power district created pursuant to chapter 318 of NRS shall be deemed to have fulfilled the requirements of NRS 354.470 to 354.626, inclusive, for a year in which the district does not issue bonds or levy an assessment if the district files with the Department of Taxation a copy of all documents relating to its budget for that year which the district submitted to the Rural Utilities Service of the United States Department of Agriculture.
Sec. 4. NRS 354.536 is hereby amended to read as follows:
354.536 Governing body means the board, council, commission or other body in which the general legislative and fiscal powers of the local government are vested. [The term includes, without limitation, the commissioners of a regional authority formed pursuant to NRS 315.7805, if the general legislative and fiscal powers of the regional authority are vested in the commissioners.]
________
κ2023 Statutes of Nevada, Page 479κ
Assembly Bill No. 361Assemblymen Monroe-Moreno and C.H. Miller
CHAPTER 97
[Approved: May 30, 2023]
AN ACT relating to state financial administration; authorizing a department, institution or agency of the Executive Department of the State Government to request the provisional approval of the Interim Finance Committee to accept a grant and revise a work program; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires, with certain exceptions, a department, institution or agency of the Executive Department of the State Government to request the approval of the Interim Finance Committee to: (1) revise the work program of the department, institution or agency; or (2) accept certain gifts and grants. (NRS 353.220, 353.335) Section 1 of this bill provides that if such a department, institution or agency is required to have the approval of the Interim Finance Committee to accept a grant from the Federal Government and revise a work program to implement the grant, upon submission of the application for the grant, the department, institution or agency may request that the Interim Finance Committee grant provisional approval to accept the grant and revise the work program. Section 1 further provides that if the Interim Finance Committee grants such provisional approval, the department, institution or agency is not required to obtain additional approval from the Interim Finance Committee, unless the actual amount of the grant or change to the work program exceeds the greater of: (1) the amount provisionally approved by the Interim Finance Committee, plus 10 percent; or (2) the amount provisionally approved by the Interim Finance Committee, plus $75,000.
Sections 2 and 3 of this bill make conforming changes to create exceptions to general requirements that a department, institution or agency request approval from the Interim Finance Committee to amend a work program or accept a grant.
Section 4 of this bill makes a conforming change to authorize the Interim Finance Committee to consider such requests during a regular or special session of the Legislature.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 353 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A department, institution or agency of the Executive Department of the State Government that is required to have the approval of the Interim Finance Committee to accept a grant from the Federal Government and revise a work program to implement the grant may, upon submission of the application for the grant to the Federal Government, request that the Interim Finance Committee grant provisional approval for the department, institution or agency to accept the grant and revise the work program.
2. The Secretary of the Interim Finance Committee shall place a request submitted pursuant to subsection 1 on the agenda at the next meeting of the Interim Finance Committee.
3. If the Interim Finance Committee grants provisional approval for the department, institution or agency to accept the grant and revise the work program pursuant to subsection 1, the department, institution or agency is not required to obtain any additional approval from the Interim Finance Committee pursuant to NRS 353.220 and 353.335, unless the actual amount of the grant or change to the work program exceeds the greater of:
κ2023 Statutes of Nevada, Page 480 (CHAPTER 97, AB 361)κ
program pursuant to subsection 1, the department, institution or agency is not required to obtain any additional approval from the Interim Finance Committee pursuant to NRS 353.220 and 353.335, unless the actual amount of the grant or change to the work program exceeds the greater of:
(a) The amount provisionally approved by the Interim Finance Committee, plus 10 percent; or
(b) The amount provisionally approved by the Interim Finance Committee, plus $75,000.
Sec. 2. NRS 353.220 is hereby amended to read as follows:
353.220 1. The head of any department, institution or agency of the Executive Department of the State Government, whenever he or she deems it necessary because of changed conditions, may request the revision of the work program of his or her department, institution or agency at any time during the fiscal year, and submit the revised program to the Governor through the Chief with a request for revision of the allotments for the remainder of that fiscal year.
2. Every request for revision must be submitted to the Chief on the form and with supporting information as the Chief prescribes.
3. Before encumbering any appropriated or authorized money, every request for revision must be approved or disapproved in writing by the Governor or the Chief, if the Governor has by written instrument delegated this authority to the Chief.
4. Except as otherwise provided in subsection 8, whenever a request for the revision of a work program of a department, institution or agency in an amount more than $30,000 would, when considered with all other changes in allotments for that work program made pursuant to subsections 1, 2 and 3 and NRS 353.215, increase or decrease by 10 percent or $75,000, whichever is less, the expenditure level approved by the Legislature for any of the allotments within the work program, the request must be approved as provided in subsection 5 before any appropriated or authorized money may be encumbered for the revision.
5. If a request for the revision of a work program requires additional approval as provided in subsection 4 and:
(a) Is necessary because of an emergency as defined in NRS 353.263 or for the protection of life or property, the Governor shall take reasonable and proper action to approve it and shall report the action, and his or her reasons for determining that immediate action was necessary, to the Interim Finance Committee at its first meeting after the action is taken. Action by the Governor pursuant to this paragraph constitutes approval of the revision, and other provisions of this chapter requiring approval before encumbering money for the revision do not apply.
(b) The Governor determines that the revision is necessary and requires expeditious action, he or she may certify that the request requires expeditious action by the Interim Finance Committee. Whenever the Governor so certifies, the Interim Finance Committee has 15 days after the request is submitted to its Secretary within which to consider the revision. Any request for revision which is not considered within the 15-day period shall be deemed approved.
(c) Does not qualify pursuant to paragraph (a) or (b), it must be submitted to the Interim Finance Committee. [The] Except as otherwise provided in section 1 of this act, the Interim Finance Committee has 45 days after the request is submitted to its Secretary within which to consider the revision. Any request which is not considered within the 45-day period shall be deemed approved.
κ2023 Statutes of Nevada, Page 481 (CHAPTER 97, AB 361)κ
6. The Secretary shall place each request submitted pursuant to paragraph (b) or (c) of subsection 5 on the agenda of the next meeting of the Interim Finance Committee.
7. In acting upon a proposed revision of a work program, the Interim Finance Committee shall consider, among other things:
(a) The need for the proposed revision; and
(b) The intent of the Legislature in approving the budget for the present biennium and originally enacting the statutes which the work program is designed to effectuate.
8. The provisions of subsection 4 do not apply to any request for the revision of a work program which is required:
(a) As a result of the acceptance of a gift or grant of property or services pursuant to subsection 5 of NRS 353.335; or
(b) To carry forward to a fiscal year, without a change in purpose, the unexpended balance of any money authorized for expenditure in the immediately preceding fiscal year.
Sec. 3. NRS 353.335 is hereby amended to read as follows:
353.335 1. Except as otherwise provided in subsections 5 and 6, a state agency may accept any gift or grant of property or services from any source only if it is included in an act of the Legislature authorizing expenditures of nonappropriated money or, when it is not so included, if it is approved as provided in subsection 2.
2. If:
(a) Any proposed gift or grant is necessary because of an emergency as defined in NRS 353.263 or for the protection or preservation of life or property, the Governor shall take reasonable and proper action to accept it and shall report the action and his or her reasons for determining that immediate action was necessary to the Interim Finance Committee at its first meeting after the action is taken. Action by the Governor pursuant to this paragraph constitutes acceptance of the gift or grant, and other provisions of this chapter requiring approval before acceptance do not apply.
(b) The Governor determines that any proposed gift or grant would be forfeited if the State failed to accept it before the expiration of the period prescribed in paragraph (c), the Governor may declare that the proposed acceptance requires expeditious action by the Interim Finance Committee. Whenever the Governor so declares, the Interim Finance Committee has 15 days after the proposal is submitted to its Secretary within which to approve or deny the acceptance. Any proposed acceptance which is not considered within the 15-day period shall be deemed approved.
(c) The proposed acceptance of any gift or grant does not qualify pursuant to paragraph (a) or (b), it must be submitted to the Interim Finance Committee. [The] Except as otherwise provided in section 1 of this act, the Interim Finance Committee has 45 days after the proposal is submitted to its Secretary within which to consider acceptance. Any proposed acceptance which is not considered within the 45-day period shall be deemed approved.
3. The Secretary shall place each request submitted to the Secretary pursuant to paragraph (b) or (c) of subsection 2 on the agenda of the next meeting of the Interim Finance Committee.
4. In acting upon a proposed gift or grant, the Interim Finance Committee shall consider, among other things:
(a) The need for the facility or service to be provided or improved;
(b) Any present or future commitment required of the State;
(c) The extent of the program proposed; and
κ2023 Statutes of Nevada, Page 482 (CHAPTER 97, AB 361)κ
(d) The condition of the national economy, and any related fiscal or monetary policies.
5. A state agency may accept:
(a) Gifts, including grants from nongovernmental sources, not exceeding $20,000 each in value; and
(b) Governmental grants not exceeding $150,000 each in value,
Κ if the gifts or grants are used for purposes which do not involve the hiring of new employees and if the agency has the specific approval of the Governor or, if the Governor delegates this power of approval to the Chief of the Budget Division of the Office of Finance, the specific approval of the Chief.
6. This section does not apply to:
(a) The Nevada System of Higher Education;
(b) The Department of Health and Human Services while acting as the state health planning and development agency pursuant to paragraph (d) of subsection 2 of NRS 439A.081 or for donations, gifts or grants to be disbursed pursuant to NRS 433.395 or 435.490;
(c) Legal services provided on a pro bono basis by an attorney or law firm engaged in the private practice of law to the State of Nevada or any officer, agency or employee in the Executive Department of the State Government pursuant to a contract for legal services entered into by or at the request of the Attorney General in accordance with NRS 228.112 to 228.1127, inclusive;
(d) Artifacts donated to the Department of Tourism and Cultural Affairs; or
(e) The initial $250,000 received by the Department of Wildlife pursuant to subsection 1 of NRS 501.3585 as a gift, donation, bequest or devise, or combination thereof, for an unanticipated emergency event, as defined in NRS 501.3585.
Sec. 4. NRS 218E.405 is hereby amended to read as follows:
218E.405 1. Except as otherwise provided in subsection 2, the Interim Finance Committee may exercise the powers conferred upon it by law only when the Legislature is not in a regular or special session.
2. During a regular or special session, the Interim Finance Committee may also perform the duties imposed on it by NRS 228.1111, subsection 5 of NRS 284.115, NRS 285.070, subsection 2 of NRS 321.335, NRS 322.007, subsection 2 of NRS 323.020, NRS 323.050, subsection 1 of NRS 323.100, subsection 3 of NRS 341.126, NRS 341.142, paragraph (f) of subsection 1 of NRS 341.145, subsection 3 of NRS 349.073, NRS 353.220, 353.224, 353.2705 to 353.2771, inclusive, 353.288, 353.335, 353C.224, 353C.226, paragraph (b) of subsection 4 of NRS 407.0762, NRS 428.375, 433.732, 439.4905, 439.620, 439.630, 445B.830, subsection 1 of NRS 445C.320 and NRS 538.650 [.] and section 1 of this act. In performing those duties, the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means may meet separately and transmit the results of their respective votes to the Chair of the Interim Finance Committee to determine the action of the Interim Finance Committee as a whole.
3. The Chair of the Interim Finance Committee may appoint a subcommittee consisting of six members of the Committee to review and make recommendations to the Committee on matters of the State Public Works Division of the Department of Administration that require prior approval of the Interim Finance Committee pursuant to subsection 3 of NRS 341.126, NRS 341.142 and paragraph (f) of subsection 1 of NRS 341.145. If the Chair appoints such a subcommittee:
κ2023 Statutes of Nevada, Page 483 (CHAPTER 97, AB 361)κ
(a) The Chair shall designate one of the members of the subcommittee to serve as the chair of the subcommittee;
(b) The subcommittee shall meet throughout the year at the times and places specified by the call of the chair of the subcommittee; and
(c) The Director or the Directors designee shall act as the nonvoting recording secretary of the subcommittee.
Sec. 5. This act becomes effective on July 1, 2023.
________
Assembly Bill No. 414Assemblywoman Backus
CHAPTER 98
[Approved: May 30, 2023]
AN ACT relating to powers of attorney; defining certain words and terms relating to powers of attorney for health care; establishing a form to create an advance health-care directive; revising provisions concerning witnesses to a principals signature of a power of attorney for health care; removing the requirement that, in certain circumstances, a certification of competency must be attached to a power of attorney; repealing provisions relating to the current form for powers of attorney for health care; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth provisions governing durable powers of attorney for health care decisions. (NRS 162A.700-162A.870) Section 36 of this bill establishes a form to create an advance health-care directive that includes provisions relating to: (1) naming an agent and alternate agent and limiting an agents authority; (2) health care instructions concerning life-sustaining treatment and certain priorities; (3) optional special powers of an agent, access to health information by an agent, additional guidance for an agent and the nomination of a guardian; (4) organ donation; and (5) certain information for agents. Section 78 of this bill repeals the current form for powers of attorney for health care.
Existing law requires a power of attorney for health care to be signed by the principal, whose signature must be acknowledged by a notary public or witnessed by two adult witnesses who personally know the principal. Existing law also sets forth certain persons who are disqualified from being a witness to a principals signature and establishes certain other requirements relating to such witnesses. Existing law further requires that a certification of competency of the principal be attached to a power of attorney if the principal lives in certain health care facilities. (NRS 162A.790) Section 57.7 of this bill: (1) removes the requirement that the witnesses to a principals signature must personally know the principal; (2) provides that only the owner or operator or an employee of a nursing home in which the principal resides is disqualified from being a witness to the principals signature; and (3) removes the requirement that a certification of competency must be attached to the power of attorney of a principal who lives in certain health care facilities.
Sections 5-19 of this bill define certain words and terms for the purposes of the provisions of law governing powers of attorney for health care decisions. Sections 57.3 and 61-72 of this bill make conforming changes to indicate the proper placement of sections 5-36 of this bill in the Nevada Revised Statutes.
κ2023 Statutes of Nevada, Page 484 (CHAPTER 98, AB 414)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 2. Chapter 162A of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 56, inclusive, of this act.
Secs. 3 and 4. (Deleted by amendment.)
Sec. 5. Advance health-care directive means a power of attorney for health care.
Secs. 6-8. (Deleted by amendment.)
Sec. 9. Guardian means a person appointed under other law by a court to make decisions regarding the personal affairs of an individual, including, without limitation, health care decisions. The term does not include a guardian ad litem.
Sec. 10. (Deleted by amendment.)
Sec. 11. Health care means care, treatment, service or procedure to maintain, monitor, diagnose or otherwise affect the physical or mental illness, injury or condition of an individual.
Secs. 12-18. (Deleted by amendment.)
Sec. 19. Nursing home means a nursing facility as defined in 42 U.S.C. § 1396r(a), as amended, or skilled nursing facility as defined in 42 U.S.C. § 1395i3(a), as amended.
Secs. 20-35. (Deleted by amendment.)
Sec. 36. The following form may be used to create an advance health-care directive.
ADVANCE HEALTH-CARE DIRECTIVE
HOW YOU USE THIS FORM
You can use this form if you wish to name someone to make health care decisions for you in case you cannot make them for yourself. This is called giving the person you name a power of attorney for health care. The person you name is called your agent.
You can also use this form to state your wishes, preferences and goals for health care, and to say if you want to be an organ donor after you die.
YOUR NAME AND DATE OF BIRTH
Name:......................................................................................
Date of birth:.........................................................................
PART 1: NAMING AN AGENT
This part lets you name someone else to make health care decisions for you. You may leave any item blank.
κ2023 Statutes of Nevada, Page 485 (CHAPTER 98, AB 414)κ
(1) NAMING AN AGENT: I want the following person to make health care decisions for me if I cannot make decisions for myself:
Name:......................................................................................
Optional contact information (It is helpful to include information such as the persons address, phone number and email address.):..........................................................................................................
............................................................................................................................
(2) NAMING AN ALTERNATE AGENT: I want the following person to make health care decisions for me if I cannot and my agent is not willing, able or reasonably available to make them for me:
Name:......................................................................................
Optional contact information (It is helpful to include information such as the persons address, phone number and email address.):..........................................................................................................
............................................................................................................................
(3) LIMITING YOUR AGENTS AUTHORITY: I give my agent the power to make all health care decisions for me if I cannot make those decisions for myself, except for the following:.....
............................................................................................................................
(If you do not add any limitations here, your agent will be able make all health care decisions that an agent is permitted to make under state law.)
PART 2: HEALTH CARE INSTRUCTION
This part lets you state your priorities for health care and types of health care you do and do not want.
(1) INSTRUCTIONS ABOUT LIFE-SUSTAINING TREATMENT
This section gives you the opportunity to say how you want your agent to act while making decisions for you. You may mark or initial each item. You may also leave any item blank.
Medical treatment needed to keep me alive but not needed for comfort or any other purpose should (mark all that apply):
(__) Always be given to me.
(__) Not be given to me if I have a condition that is not curable and is expected to cause my death soon, even if treated.
(__) Not be given to me if I am unconscious and I am not expected to be conscious again.
(__) Not be given to me if I have a medical condition from which I am not expected to recover that prevents me from communicating with people I care about, caring for myself and recognizing family and friends.
(__) Other (write what you want or do not want):
κ2023 Statutes of Nevada, Page 486 (CHAPTER 98, AB 414)κ
If I cannot swallow and staying alive requires me to get liquid or food through a tube or other means for the rest of my life, liquid or food should (mark all that apply):
(__) Always be given to me.
(__) Not be given to me if I have a condition that is not curable and is expected to cause my death soon, even if treated.
(__) Not be given to me if I am unconscious and I am not expected to be conscious again.
(__) Not be given to me if I have a medical condition from which I am not expected to recover that prevents me from communicating with people I care about, caring for myself and recognizing family and friends.
(__) Other (write what you want or do not want):
If I am in significant pain, care that will keep me comfortable but is likely to shorten my life should (mark all that apply):
(__) Always be given to me.
(__) Never be given to me.
(__) Be given to me if I have a condition that is not curable and is expected to cause my death soon, even if treated.
(__) Be given to me if I am unconscious and I am not expected to be conscious again.
(__) Be given to me if I have a medical condition from which I am not expected to recover that prevents me from communicating with people I care about, caring for myself and recognizing family and friends.
(__) Other (write what you want or do not want):
(2) INSTRUCTION ABOUT PRIORITIES
You can use this section to indicate what is important to you, and what is not important to you. This information can help your agent make decisions for you if you cannot. It also helps others understand your preferences.
You may mark or initial each item. You also may leave any item blank.
Staying alive as long as possible even if I have substantial physical limitations is:
(__) very important
(__) somewhat important
(__) not important
Staying alive as long as possible even if I have substantial mental limitations is:
(__) very important
(__) somewhat important
(__) not important
κ2023 Statutes of Nevada, Page 487 (CHAPTER 98, AB 414)κ
Being free from significant pain is:
(__) very important
(__) somewhat important
(__) not important
Being independent is:
(__) very important
(__) somewhat important
(__) not important
Having my agent talk with my family before making decisions about my care is:
(__) very important
(__) somewhat important
(__) not important
Having my agent talk with my friends before making decisions about my care is:
(__) very important
(__) somewhat important
(__) not important
(3) OTHER INSTRUCTIONS
You can use this section to provide any other information about your goals, values and preferences for treatment, including care you want or do not want. You can also use this section to name anyone who you do not want to make decisions for you under any conditions.
PART 3: OPTIONAL SPECIAL POWERS AND GUIDANCE
This part allows you to give your agent additional powers and to provide your agent with more guidance about your wishes. You may mark or initial each item. You also may leave any item blank.
(1) OPTIONAL SPECIAL POWERS
My agent can do the following things ONLY if I have initialed or marked them below:
(__) Admit me as a voluntary patient to a facility for mental health treatment for up to 7 days, 14 days or 30 days (circle one).
(If I do not mark or initial this, my agent MAY NOT admit me as a voluntary patient to this type of facility.)
(__) Place me in a nursing home for more than 100 days even if my needs can be met somewhere else, I am not terminally ill and I object.
(If I do not mark or initial this, my agent MAY NOT do this.)
κ2023 Statutes of Nevada, Page 488 (CHAPTER 98, AB 414)κ
(2) ACCESS TO MY HEALTH INFORMATION
My agent may obtain, examine and share information about my health needs and health care if I am not able to make decisions for myself. If I initial or mark below, my agent may also do this at any time he or she thinks it will help me.
(__) I give my agent permission to obtain, examine and share information about my health needs and health care whenever he or she thinks it will help me.
(3) GUIDANCE FOR MY AGENT
The instructions I have stated in this document should guide my agent in making decisions for me (initial or mark one of the below items to tell your agent more about how to use these instructions):
(__) I give my agent permission to be flexible in applying these instructions if he or she thinks it would be in my best interest based on what they know about me.
(__) I want my agent to follow these instructions exactly as written if possible, even if he or she thinks something else is better.
(4) NOMINATION OF GUARDIAN
Here you can say who you would want as your guardian if you need one. A guardian is a person appointed by a court to make decisions for someone who cannot make decisions. Filling this out does NOT mean you want or need a guardian right now.
If a court appoints a guardian to make personal decisions for me, I want the court to choose:
(__) My agent named in this form. If my agent cannot be a guardian, I want my alternate agent named in this form.
(__) Other (write who you would want and their contact information):...........................................................
PART 4: ORGAN DONATION
This part allows you to donate your organs when you die. You may mark or initial each item. You also may leave any item blank.
Even if it requires maintaining treatments that could prolong my dying process and might be in conflict with other instructions I have put in this form, upon my death:
κ2023 Statutes of Nevada, Page 489 (CHAPTER 98, AB 414)κ
(__) I donate my organs, tissues and other body parts, except for those listed below (list any body parts you do not want to donate):.......................................................................................
(__) I do not want my organs, tissues or body parts donated to anybody for any reason.
Organs, tissues or body parts that I donate may be used for:
(__) transplant
(__) therapy
(__) research
(__) education
(__) all of the above
PART 5: SIGNATURES REQUIRED ON THIS FORM
YOUR SIGNATURE
Sign your name:...................................................................
Todays date:.........................................................................
SIGNATURE OF WITNESSES
You need two witnesses if you are using this form to name an agent. The witnesses must be adults and cannot be the person you are naming as agent. If you live in a nursing home, the witness cannot be an employee of the home or someone who owns or runs the home.
Witness name:.......................................................................
Witness signature:..........................................................................................
............................................................................................................................
Date witness signed:.............................................................
(Only sign as a witness if you think that the person signing above is doing it voluntarily.)
Witness name:.......................................................................
Witness signature:................................................................
..................................................................................................
Date witness signed:............................................................
(Only sign as a witness if you think that the person signing above is doing it voluntarily.)
PART 6: INFORMATION FOR AGENTS
(1) If this form names you as an agent, you can make decisions about health care for the person who named you when they cannot make their own.
κ2023 Statutes of Nevada, Page 490 (CHAPTER 98, AB 414)κ
(2) If you make a decision for the person, follow any instructions the person gave, including any in this form.
(3) If you make a decision for the person and you dont know what the person would want, make the decision that you think is in the persons best interest. To figure out what is in the persons best interest, consider the persons values, preferences and goals if you know them or can learn them. Some of those preferences might be in this form. You should also consider any behaviors or communications from the person that indicate what they currently want.
(4) If this form names you as an agent, you can also get and share the individuals health information. But unless the person has said so in this form, you can only get or share this information when the person cannot make their own decisions about their health care.
Secs. 37-57. (Deleted by amendment.)
Sec. 57.3. NRS 162A.710 is hereby amended to read as follows:
162A.710 As used in NRS 162A.700 to 162A.870, inclusive, and sections 5 to 36, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 162A.720 to 162A.780, inclusive, and sections 5 to 19, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 57.7. NRS 162A.790 is hereby amended to read as follows:
162A.790 1. Any adult person may execute a power of attorney enabling the agent named in the power of attorney to make decisions concerning health care for the principal if that principal becomes incapable of giving informed consent concerning such decisions.
2. A power of attorney for health care must be signed by the principal. The principals signature on the power of attorney for health care must be:
(a) Acknowledged before a notary public; or
(b) Witnessed by two adult witnesses . [who know the principal personally.]
3. Neither of the witnesses to a principals signature may be [:
(a) A provider of health care;
(b) An employee of a provider of health care;
(c) An operator of a health care facility;
(d) An employee of a health care facility; or
(e) The agent.] the owner, operator or employee of a nursing home if the principal resides in the nursing home.
4. [At least one of the witnesses to a principals signature must be a person who is:
(a) Not related to the principal by blood, marriage or adoption; and
(b) To the best of the witnesses knowledge, not entitled to any part of the estate of the principal upon the death of the principal.
5. If the principal resides in a hospital, residential facility for groups, facility for skilled nursing or home for individual residential care, at the time of the execution of the power of attorney, a certification of competency of the principal from an advanced practice registered nurse, a physician, psychologist or psychiatrist must be attached to the power of attorney.
κ2023 Statutes of Nevada, Page 491 (CHAPTER 98, AB 414)κ
6.] A power of attorney executed in a jurisdiction outside of this State is valid in this State if, when the power of attorney was executed, the execution complied with the laws of that jurisdiction or the requirements for a military power of attorney pursuant to 10 U.S.C. § 1044b.
[7. As used in this section:
(a) Facility for skilled nursing has the meaning ascribed to it in NRS 449.0039.
(b) Home for individual residential care has the meaning ascribed to it in NRS 449.0105.
(c) Hospital has the meaning ascribed to it in NRS 449.012.
(d) Residential facility for groups has the meaning ascribed to it in NRS 449.017.]
Secs. 58-60. (Deleted by amendment.)
Sec. 61. NRS 433A.190 is hereby amended to read as follows:
433A.190 1. The administrative officer of a public or private mental health facility or hospital shall ensure that, within 24 hours of the emergency admission of a person alleged to be a person in a mental health crisis who is at least 18 years of age, the person is asked to give permission to provide notice of the emergency admission to a family member, friend or other person identified by the person.
2. If a person alleged to be a person in a mental health crisis who is at least 18 years of age gives permission to notify a family member, friend or other person of the emergency admission, the administrative officer shall ensure that:
(a) The permission is recorded in the medical record of the person; and
(b) Notice of the admission is promptly provided to the family member, friend or other person in person or by telephone, facsimile, other electronic communication or certified mail.
3. Except as otherwise provided in subsections 4 and 5, if a person alleged to be a person in a mental health crisis who is at least 18 years of age does not give permission to notify a family member, friend or other person of the emergency admission of the person, notice of the emergency admission must not be provided until permission is obtained.
4. If a person alleged to be a person in a mental health crisis who is at least 18 years of age is not able to give or refuse permission to notify a family member, friend or other person of the emergency admission, the administrative officer of the mental health facility or hospital may cause notice as described in paragraph (b) of subsection 2 to be provided if the administrative officer determines that it is in the best interest of the person in a mental health crisis.
5. If a guardian has been appointed for a person alleged to be a person in a mental health crisis who is at least 18 years of age or the person has executed a durable power of attorney for health care pursuant to NRS 162A.700 to 162A.870, inclusive, and sections 3 to 56, inclusive, of this act or appointed an attorney-in-fact using an advance directive for psychiatric care pursuant to NRS 449A.600 to 449A.645, inclusive, the administrative officer of the mental health facility or hospital must ensure that the guardian, agent designated by the durable power of attorney or the attorney-in-fact, as applicable, is promptly notified of the admission as described in paragraph (b) of subsection 2, regardless of whether the person alleged to be a person in a mental health crisis has given permission to the notification.
Secs. 62 and 63. (Deleted by amendment.)
κ2023 Statutes of Nevada, Page 492 (CHAPTER 98, AB 414)κ
Sec. 64. NRS 449A.309 is hereby amended to read as follows:
449A.309 Representative of the patient means a legal guardian of the patient, a person designated by the patient to make decisions governing the withholding or withdrawal of life-sustaining treatment pursuant to NRS 449A.433 or a person given power of attorney to make decisions concerning health care for the patient pursuant to NRS 162A.700 to 162A.870, [inclusive.] inclusive, and sections 3 to 56, inclusive, of this act.
Secs. 65 and 66. (Deleted by amendment.)
Sec. 67. NRS 449A.545 is hereby amended to read as follows:
449A.545 Representative of the patient means a legal guardian of the patient, a person designated by the patient to make decisions governing the withholding or withdrawal of life-sustaining treatment pursuant to NRS 449A.433 or a person given power of attorney to make decisions concerning health care for the patient pursuant to NRS 162A.700 to 162A.870, inclusive [.] , and sections 3 to 56, inclusive, of this act.
Sec. 68. NRS 449A.621 is hereby amended to read as follows:
449A.621 The form of an advance directive for psychiatric care may be substantially in the following form, and must be witnessed or executed in the same manner as the following form:
NOTICE TO PERSON MAKING AN ADVANCE DIRECTIVE FOR PSYCHIATRIC CARE
THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES AN ADVANCE DIRECTIVE FOR PSYCHIATRIC CARE. BEFORE SIGNING THIS DOCUMENT YOU SHOULD KNOW THESE IMPORTANT FACTS:
THIS DOCUMENT ALLOWS YOU TO MAKE DECISIONS IN ADVANCE ABOUT CERTAIN TYPES OF PSYCHIATRIC CARE. THE INSTRUCTIONS YOU INCLUDE IN THIS ADVANCE DIRECTIVE WILL BE FOLLOWED IF TWO PROVIDERS OF HEALTH CARE, ONE OF WHOM MUST BE A PHYSICIAN OR LICENSED PSYCHOLOGIST AND THE OTHER OF WHOM MUST BE A PHYSICIAN, A PHYSICIAN ASSISTANT, A LICENSED PSYCHOLOGIST, A PSYCHIATRIST OR AN ADVANCED PRACTICE REGISTERED NURSE WHO HAS THE PSYCHIATRIC TRAINING AND EXPERIENCE PRESCRIBED BY THE STATE BOARD OF NURSING PURSUANT TO NRS 632.120, DETERMINES THAT YOU ARE INCAPABLE OF MAKING OR COMMUNICATING TREATMENT DECISIONS. OTHERWISE YOU WILL BE CONSIDERED CAPABLE TO GIVE OR WITHHOLD CONSENT FOR THE TREATMENTS. YOUR INSTRUCTIONS MAY BE OVERRIDDEN IF YOU ARE BEING HELD IN ACCORDANCE WITH CIVIL COMMITMENT LAW. BY EXECUTING A DURABLE POWER OF ATTORNEY FOR HEALTH CARE AS SET FORTH IN NRS 162A.700 TO 162A.870, INCLUSIVE, AND SECTIONS 3 TO 56, INCLUSIVE, OF THIS ACT, YOU MAY ALSO APPOINT A PERSON AS YOUR AGENT TO MAKE TREATMENT DECISIONS FOR YOU IF YOU BECOME INCAPABLE. THIS DOCUMENT IS VALID FOR TWO YEARS FROM THE DATE YOU EXECUTE IT UNLESS YOU REVOKE IT. YOU HAVE THE RIGHT TO REVOKE THIS DOCUMENT AT ANY TIME YOU HAVE NOT BEEN DETERMINED TO BE INCAPABLE.
κ2023 Statutes of Nevada, Page 493 (CHAPTER 98, AB 414)κ
DOCUMENT AT ANY TIME YOU HAVE NOT BEEN DETERMINED TO BE INCAPABLE. YOU MAY NOT REVOKE THIS ADVANCE DIRECTIVE WHEN YOU ARE FOUND INCAPABLE BY TWO PROVIDERS OF HEALTH CARE, ONE OF WHOM MUST BE A PHYSICIAN OR LICENSED PSYCHOLOGIST AND THE OTHER OF WHOM MUST BE A PHYSICIAN, A PHYSICIAN ASSISTANT, A LICENSED PSYCHOLOGIST, A PSYCHIATRIST OR AN ADVANCED PRACTICE REGISTERED NURSE WHO HAS THE PSYCHIATRIC TRAINING AND EXPERIENCE PRESCRIBED BY THE STATE BOARD OF NURSING PURSUANT TO NRS 632.120. A REVOCATION IS EFFECTIVE WHEN IT IS COMMUNICATED TO YOUR ATTENDING PHYSICIAN OR OTHER HEALTH CARE PROVIDER. THE PHYSICIAN OR OTHER PROVIDER SHALL NOTE THE REVOCATION IN YOUR MEDICAL RECORD. TO BE VALID, THIS ADVANCE DIRECTIVE MUST BE SIGNED BY TWO QUALIFIED WITNESSES, PERSONALLY KNOWN TO YOU, WHO ARE PRESENT WHEN YOU SIGN OR ACKNOWLEDGE YOUR SIGNATURE. IT MUST ALSO BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC.
NOTICE TO PHYSICIAN OR OTHER PROVIDER OF HEALTH CARE
Under Nevada law, a person may use this advance directive to provide consent or refuse to consent to future psychiatric care if the person later becomes incapable of making or communicating those decisions. By executing a durable power of attorney for health care as set forth in NRS 162A.700 to 162A.870, inclusive, and sections 3 to 56, inclusive, of this act, the person may also appoint an agent to make decisions regarding psychiatric care for the person when incapable. A person is incapable for the purposes of this advance directive when in the opinion of two providers of health care, one of whom must be a physician or licensed psychologist and the other of whom must be a physician, a physician assistant, a licensed psychologist, a psychiatrist or an advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120, the person currently lacks sufficient understanding or capacity to make or communicate decisions regarding psychiatric care. If a person is determined to be incapable, the person may be found capable when, in the opinion of the persons attending physician or an advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 and has an established relationship with the person, the person has regained sufficient understanding or capacity to make or communicate decisions regarding psychiatric care. This document becomes effective upon its proper execution and remains valid for a period of 2 years after the date of its execution unless revoked. Upon being presented with this advance directive, the physician or other provider of health care must make it a part of the persons medical record.
κ2023 Statutes of Nevada, Page 494 (CHAPTER 98, AB 414)κ
record. The physician or other provider must act in accordance with the statements expressed in the advance directive when the person is determined to be incapable, except as otherwise provided in NRS 449A.636. The physician or other provider shall promptly notify the principal and, if applicable, the agent of the principal, and document in the principals medical record any act or omission that is not in compliance with any part of an advance directive. A physician or other provider may rely upon the authority of a signed, witnessed, dated and notarized advance directive.
ADVANCE DIRECTIVE FOR PSYCHIATRIC CARE
I, .............................., being an adult of sound mind or an emancipated minor, willfully and voluntarily make this advance directive for psychiatric care to be followed if it is determined by two providers of health care, one of whom must be my attending physician or a licensed psychologist and the other of whom must be a physician, a physician assistant, a licensed psychologist, a psychiatrist or an advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120, that my ability to receive and evaluate information effectively or communicate decisions is impaired to such an extent that I lack the capacity to refuse or consent to psychiatric care. I understand that psychiatric care may not be administered without my express and informed consent or, if I am incapable of giving my informed consent, the express and informed consent of my legally responsible person, my agent named pursuant to a valid durable power of attorney for health care or my consent expressed in this advance directive for psychiatric care. I understand that I may become incapable of giving or withholding informed consent or refusal for psychiatric care due to the symptoms of a diagnosed mental disorder. These symptoms may include:
PSYCHOACTIVE MEDICATIONS
If I become incapable of giving or withholding informed consent for psychiatric care, my instructions regarding psychoactive medications are as follows: (Place initials beside choice.)
I consent to the administration of the following medications:........ [ ]
I do not consent to the administration of the following medications: [ ]
Conditions or limitations:
κ2023 Statutes of Nevada, Page 495 (CHAPTER 98, AB 414)κ
ADMISSION TO AND RETENTION IN FACILITY
If I become incapable of giving or withholding informed consent for psychiatric care, my instructions regarding admission to and retention in a medical facility for psychiatric care are as follows: (Place initials beside choice.)
I consent to being admitted to a medical facility for psychiatric care. [ ]
My facility preference is:
I do not consent to being admitted to a medical facility for psychiatric care. [ ]
This advance directive cannot, by law, provide consent to retain me in a facility beyond the specific number of days, if any, provided in this advance directive.
Conditions or limitations:
ADDITIONAL INSTRUCTIONS
These instructions shall apply during the entire length of my incapacity.
In case of a mental health crisis, please contact:
1.
Name: .................................................................................................
Address: .............................................................................................
Home Telephone Number: .............................................................
Work Telephone Number: ..............................................................
Relationship to Me: ..........................................................................
2.
Name: .................................................................................................
Address: .............................................................................................
Home Telephone Number: .............................................................
Work Telephone Number: ..............................................................
Relationship to Me: ..........................................................................
3. My physician:
Name: .................................................................................................
Work Telephone Number: ..............................................................
4. My therapist or counselor:
Name: .................................................................................................
Work Telephone Number: ..............................................................
The following may cause me to experience a mental health crisis:
The following may help me avoid a hospitalization:
I generally react to being hospitalized as follows:
Staff of the hospital or crisis unit can help me by doing the following:
I give permission for the following person or people to visit me:
κ2023 Statutes of Nevada, Page 496 (CHAPTER 98, AB 414)κ
Instructions concerning any other medical interventions, such as electroconvulsive (ECT) treatment (commonly referred to as shock treatment):
Other instructions:
I have attached an additional sheet of instructions to be followed and considered part of this advance directive. [ ]
SHARING OF INFORMATION BY PROVIDERS
I understand that the information in this document may be shared by my provider of mental health care with any other provider who may serve me when necessary to provide treatment in accordance with this advance directive.
Other instructions about sharing of information:
SIGNATURE OF PRINCIPAL
By signing here, I indicate that I am mentally alert and competent, fully informed as to the contents of this document, and understand the full impact of having made this advance directive for psychiatric care.
.......................................................................................
Signature of Principal Date
AFFIRMATION OF WITNESSES
We affirm that the principal is personally known to us, that the principal signed or acknowledged the principals signature on this advance directive for psychiatric care in our presence, that the principal appears to be of sound mind and not under duress, fraud, or undue influence, and that neither of us is:
1. A person appointed as an attorney-in-fact by this document;
2. The principals attending physician or provider of health care or an employee of the physician or provider; or
3. The owner or operator, or employee of the owner or operator, of a medical facility in which the principal is a patient or resident.
Witnessed by:
Witness: ............................................................ .....................
Signature Date
Witness: ............................................................ .....................
Signature Date
[STATE OF NEVADA
COUNTY OF.................................................. ]
κ2023 Statutes of Nevada, Page 497 (CHAPTER 98, AB 414)κ
CERTIFICATION OF NOTARY PUBLIC
STATE OF NEVADA
COUNTY OF...................................................
I, .............................., a Notary Public for the County cited above in the State of Nevada, hereby certify that .............................. appeared before me and swore or affirmed to me and to the witnesses in my presence that this instrument is an advance directive for psychiatric care and that he or she willingly and voluntarily made and executed it as his or her free act and deed for the purposes expressed in it.
I further certify that .............................. and .............................., witnesses, appeared before me and swore or affirmed that each witnessed .............................. sign the attached advance directive for psychiatric care believing him or her to be of sound mind and also swore that at the time each witnessed the signing, each person was: (1) not the attending physician or provider of health care, or an employee of the physician or provider, of the principal; (2) not the owner or operator, or employee of the owner or operator, of a medical facility in which the principal is a patient or resident; and (3) not a person appointed as an attorney-in-fact by the attached advance directive for psychiatric care. I further certify that I am satisfied as to the genuineness and due execution of the instrument.
This is the .......... day of ...................., ...........
Notary Public
My Commission expires: .........................................
Sec. 69. NRS 449A.703 is hereby amended to read as follows:
449A.703 Advance directive means an advance directive for health care. The term includes:
1. A declaration governing the withholding or withdrawal of life-sustaining treatment as set forth in NRS 449A.400 to 449A.481, inclusive;
2. A durable power of attorney for health care as set forth in NRS 162A.700 to 162A.870, inclusive [;] , and sections 3 to 56, inclusive, of this act;
3. An advance directive for psychiatric care as set forth in NRS 449A.600 to 449A.645, inclusive;
4. A do-not-resuscitate order as defined in NRS 450B.420; and
5. A Provider Order for Life-Sustaining Treatment form as defined in NRS 449A.542.
Sec. 70. NRS 449A.727 is hereby amended to read as follows:
449A.727 1. The provisions of NRS 449A.700 to 449A.739, inclusive, do not require a provider of health care to inquire whether a patient has an advance directive registered on the Registry or to access the Registry to determine the terms of the advance directive.
2. A provider of health care who relies in good faith on the provisions of an advance directive retrieved from the Registry is immune from criminal and civil liability as set forth in:
(a) NRS 449A.460, if the advance directive is a declaration governing the withholding or withdrawal of life-sustaining treatment executed pursuant to NRS 449A.400 to 449A.481, inclusive, or a durable power of attorney for health care executed pursuant to NRS 162A.700 to 162A.870, inclusive [;] , and sections 3 to 56, inclusive, of this act.
κ2023 Statutes of Nevada, Page 498 (CHAPTER 98, AB 414)κ
health care executed pursuant to NRS 162A.700 to 162A.870, inclusive [;] , and sections 3 to 56, inclusive, of this act.
(b) NRS 449A.642, if the advance directive is an advance directive for psychiatric care executed pursuant to NRS 449A.600 to 449A.645, inclusive;
(c) NRS 449A.500 to 449A.581, inclusive, if the advance directive is a Provider Order for Life-Sustaining Treatment form; or
(d) NRS 450B.540, if the advance directive is a do-not-resuscitate order as defined in NRS 450B.420.
Sec. 71. (Deleted by amendment.)
Sec. 72. NRS 450B.520 is hereby amended to read as follows:
450B.520 Except as otherwise provided in NRS 450B.525:
1. A qualified patient may apply to the health authority for a do-not-resuscitate identification by submitting an application on a form provided by the health authority. To obtain a do-not-resuscitate identification, the patient must comply with the requirements prescribed by the board and sign a form which states that the patient has informed each member of his or her family within the first degree of consanguinity or affinity, whose whereabouts are known to the patient, or if no such members are living, the patients legal guardian, if any, or if he or she has no such members living and has no legal guardian, his or her caretaker, if any, of the patients decision to apply for an identification.
2. An application must include, without limitation:
(a) Certification by the patients attending physician or attending advanced practice registered nurse that the patient suffers from a terminal condition;
(b) Certification by the patients attending physician or attending advanced practice registered nurse that the patient is capable of making an informed decision or, when the patient was capable of making an informed decision, that the patient:
(1) Executed:
(I) A written directive that life-resuscitating treatment be withheld under certain circumstances;
(II) A durable power of attorney for health care pursuant to NRS 162A.700 to 162A.870, inclusive [;] , and sections 3 to 56, inclusive, of this act; or
(III) A Provider Order for Life-Sustaining Treatment form pursuant to NRS 449A.500 to 449A.581, inclusive, if the form provides that the patient is not to receive life-resuscitating treatment; or
(2) Was issued a do-not-resuscitate order pursuant to NRS 450B.510;
(c) A statement that the patient does not wish that life-resuscitating treatment be undertaken in the event of a cardiac or respiratory arrest;
(d) The name, signature and telephone number of the patients attending physician or attending advanced practice registered nurse; and
(e) The name and signature of the patient or the agent who is authorized to make health care decisions on the patients behalf pursuant to a durable power of attorney for health care decisions.
Secs. 73-76. (Deleted by amendment.)
Sec. 77. 1. The provisions of this act apply to an advance health-care directive created before, on or after January 1, 2024.
2. An advance health-care directive created before January 1, 2024, is valid if it complies with the provisions of this act or complied at the time of creation with the law of the state in which it was created.
κ2023 Statutes of Nevada, Page 499 (CHAPTER 98, AB 414)κ
3. The provisions of this act do not affect the validity or effect of an act done before January 1, 2024.
4. An individual who assumed authority to act as a default surrogate before January 1, 2024, may continue to act as a default surrogate until the individual for whom the default surrogate is acting no longer lacks capacity or the default surrogate is disqualified, whichever occurs first.
5. An advance health-care directive created before, on or after January 1, 2024, must be interpreted in accordance with the law of this State, excluding the States choice-of-law rules, at the time the directive is implemented.
Sec. 78. NRS 162A.860 is hereby repealed.
Sec. 79. This act becomes effective on January 1, 2024.
________
Assembly Bill No. 424Committee on Government Affairs
CHAPTER 99
[Approved: May 30, 2023]
AN ACT relating to the Lake Tahoe Basin; requiring the issuance of general obligation bonds to carry out certain environmental improvement projects included in the second phase of the Environmental Improvement Program for the Lake Tahoe Basin; revising provisions relating to the use of accrued interest on the proceeds of certain previously authorized bonds; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The Environmental Improvement Program was implemented in 1997 to carry out projects to improve the environment in the Lake Tahoe Basin. The costs of the Program are apportioned among the Federal Government, the States of Nevada and California and local governments and owners of private property in both states. In 1999, the Nevada Legislature authorized the issuance of not more than $56.4 million in general obligation bonds to pay for a significant portion of Nevadas share of the costs of the first phase of the Program. (Chapter 514, Statutes of Nevada 1999, at page 2626)
In 2009, the Nevada Legislature authorized the issuance of not more than $100 million in general obligation bonds to pay for Nevadas share of the costs of the second phase of the Program beginning on July 1, 2009, and ending on June 30, 2020. (Chapter 431, Statutes of Nevada 2009, at page 2417) Issuance of those bonds requires the approval of the Legislature or the Interim Finance Committee. (Id.) In 2017, the Nevada Legislature extended the deadline for the issuance of the remainder of the general obligation bonds that were authorized in 2009 for the second phase of the Program from June 30, 2020, to June 30, 2030. (Chapter 32, Statutes of Nevada 2017, at page 137)
Of the $100 million in general obligation bonds authorized to pay for Nevadas share of the costs of the second phase of the Program, the Nevada Legislature required the issuance of: (1) not more than $4.42 million of those bonds in 2009; (2) not more than $12 million of those bonds in 2011; (3) not more than $8 million of those bonds in 2019; and (4) not more than $4 million of those bonds in 2021. (Chapter 431, Statutes of Nevada 2009, at page 2416; chapter 437, Statutes of Nevada 2011, at page 2638; chapter 167, Statutes of Nevada 2019, at page 891; chapter 215, Statutes of Nevada 2021, at page 1008)
κ2023 Statutes of Nevada, Page 500 (CHAPTER 99, AB 424)κ
Sections 1-3 of this bill require the issuance of not more than $13 million of the $100 million in general obligation bonds authorized in 2009 to provide money to carry out certain environmental improvement projects included in the second phase of the Environmental Improvement Program. Sections 4-6 of this bill allow the use of interest accrued on the proceeds of the general obligation bonds required to be issued in 2011, 2019 and 2021 to carry out environmental improvement projects included in the second phase of the Program.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Whereas, The Lake Tahoe Basin exhibits unique environmental and ecological conditions that are irreplaceable; and
Whereas, This State has a compelling interest in preserving, protecting, restoring and enhancing the natural environment of the Lake Tahoe Basin; and
Whereas, The preservation, protection, restoration and enhancement of the natural environment of the Lake Tahoe Basin is of such significance that it must be carried out on a continual basis; and
Whereas, In October 1997, Governor Bob Miller, on behalf of the State of Nevada, signed a Memorandum of Agreement between the Federal Interagency Partnership on the Lake Tahoe Ecosystem, the States of Nevada and California, the Washoe Tribe of Nevada and California, the Tahoe Regional Planning Agency and interested local governments, in which the parties affirmed their commitment to the Tahoe Regional Planning Compact, to the sound management and protection of the resources within the Lake Tahoe Basin and the support of a healthy, sustainable economy and to achieve environmental thresholds for Lake Tahoe, and agreed to cooperate to carry out, including, without limitation, providing financial support for, the Environmental Improvement Program; and
Whereas, The costs of carrying out the Environmental Improvement Program have been apportioned among the Federal Government, the States of Nevada and California and the local governments and private property owners within both states; and
Whereas, The cost of carrying out the second phase of the Environmental Improvement Program for the State of Nevada and its political subdivisions is $100,000,000; and
Whereas, Section 3 of chapter 431, Statutes of Nevada 2009, at page 2417, authorized the State Board of Finance to issue general obligation bonds of the State of Nevada in a total face amount of not more than $100,000,000 to provide money to carry out the second phase of the Environmental Improvement Program beginning on July 1, 2009, and ending on June 30, 2020; and
Whereas, Section 2 of chapter 32, Statutes of Nevada 2017, at page 138, extended the deadline for the State Board of Finance to issue the remainder of the general obligation bonds of the State of Nevada that were authorized in 2009 for the second phase of the Environmental Improvement Program from June 30, 2020, to June 30, 2030; and
Whereas, Section 1 of chapter 431, Statutes of Nevada 2009, at page 2416, granted approval to the State Board of Finance to issue $4,420,000 of those general obligation bonds to provide money to carry out certain environmental improvement projects included in the second phase of the Environmental Improvement Program; and
κ2023 Statutes of Nevada, Page 501 (CHAPTER 99, AB 424)κ
Whereas, Section 1 of chapter 437, Statutes of Nevada 2011, at page 2638, granted approval to the State Board of Finance to issue an additional $12,000,000 of those general obligation bonds to provide money to carry out certain environmental improvement projects included in the second phase of the Environmental Improvement Program; and
Whereas, Section 1 of chapter 167, Statutes of Nevada 2019, at page 891, granted approval to the State Board of Finance to issue an additional $8,000,000 of those general obligation bonds to provide money to carry out certain environmental improvement projects included in the second phase of the Environmental Improvement Program; and
Whereas, Section 1 of chapter 215, Statutes of Nevada 2021, at page 1008, granted approval to the State Board of Finance to issue an additional $4,000,000 of those general obligation bonds to provide money to carry out certain environmental improvement projects included in the second phase of the Environmental Improvement Program; and
Whereas, The general obligation bonds authorized by chapter 431, Statutes of Nevada 2009, may only be issued with the prior approval of the Legislature or the Interim Finance Committee and pursuant to a schedule established by the Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Money to carry out the Environmental Improvement Program for the Lake Tahoe Basin established pursuant to section 1 of chapter 514, Statutes of Nevada 1999, at page 2627, must be provided by the issuance by the State Board of Finance of general obligation bonds of the State of Nevada in a total face amount of not more than $13,000,000 pursuant to NRS 349.150 to 349.364, inclusive. The proceeds of the bonds issued pursuant to this section and any accrued interest thereon must be deposited in the Fund to Protect the Lake Tahoe Basin created pursuant to section 2 of chapter 514, Statutes of Nevada 1999, at page 2628, and, except as otherwise provided in section 2 of this act, must be used for the following activities related to the Environmental Improvement Program to be carried out by the State Department of Conservation and Natural Resources:
1. Continued implementation of forest health, restoration and fuels management projects;
2. Control and prevention of invasive terrestrial and aquatic species;
3. Enhancement of recreational opportunities;
4. Protection of sensitive species and improvement of wildlife habitat; and
5. Water quality, erosion control and stream restoration and enhancement projects of the Environmental Improvement Program to be carried out pursuant to grants and project agreements.
Sec. 2. The Division of State Lands of the State Department of Conservation and Natural Resources may use money authorized pursuant to section 1 of this act for an activity other than an activity listed in section 1 of this act if the Interim Finance Committee approves such a use in writing before the Division of State Lands engages in the activity.
Sec. 3. The Legislature finds and declares that the issuance of securities and the incurrence of indebtedness pursuant to section 1 of this act:
κ2023 Statutes of Nevada, Page 502 (CHAPTER 99, AB 424)κ
1. Are necessary for the protection and preservation of the natural resources of this State and for the purpose of obtaining the benefits thereof; and
2. Constitute an exercise of the authority conferred by the second paragraph of Section 3 of Article 9 of the Constitution of the State of Nevada.
Sec. 4. Section 1 of chapter 437, Statutes of Nevada 2011, at page 2638, is hereby amended to read as follows:
Section 1. Money to carry out the Environmental Improvement Program for the Lake Tahoe Basin established pursuant to section 1 of chapter 514, Statutes of Nevada 1999, at page 2627, must be provided by the issuance by the State Board of Finance of general obligation bonds of the State of Nevada in a total face amount of not more than $12,000,000 pursuant to NRS 349.150 to 349.364, inclusive. The proceeds of the bonds issued pursuant to this section must be deposited in the Fund to Protect the Lake Tahoe Basin created pursuant to section 2 of chapter 514, Statutes of Nevada 1999, at page 2628, and, except as otherwise provided in this section, must be used as follows:
1. Activities related to the Environmental Improvement Program to be carried out by the State Department of Conservation and Natural Resources:
(a) Enhancement of recreational opportunities.............. $1,037,500
(b) Continued implementation of forest health, restoration and fuels management projects $1,000,000
(c) Protection of sensitive species and improvement of wildlife habitat $335,000
(d) Control of invasive terrestrial and aquatic species..... $300,000
2. Water quality, erosion control and stream restoration and enhancement projects of the Environmental Improvement Program to be carried out pursuant to grants and project agreements $8,827,500
3. Contingency money to carry out environmental improvement projects $500,000
Κ Any accrued interest on the proceeds of the bonds issued pursuant to this section may be used to carry out any of the purposes set forth in subsections 1, 2 and 3.
Sec. 5. Section 1 of chapter 167, Statutes of Nevada 2019, at page 891, is hereby amended to read as follows:
Section 1. Money to carry out the Environmental Improvement Program for the Lake Tahoe Basin established pursuant to section 1 of chapter 514, Statutes of Nevada 1999, at page 2627, must be provided by the issuance by the State Board of Finance of general obligation bonds of the State of Nevada in a total face amount of not more than $8,000,000 pursuant to NRS 349.150 to 349.364, inclusive. The proceeds of the bonds issued pursuant to this section and any accrued interest thereon must be deposited in the Fund to Protect the Lake Tahoe Basin created pursuant to section 2 of chapter 514, Statutes of Nevada 1999, at page 2628, and, except as otherwise provided in section 2 of this act, must be used for the following activities related to the Environmental Improvement Program to be carried out by the State Department of Conservation and Natural Resources:
κ2023 Statutes of Nevada, Page 503 (CHAPTER 99, AB 424)κ
activities related to the Environmental Improvement Program to be carried out by the State Department of Conservation and Natural Resources:
1. Continued implementation of forest health, restoration and fuels management projects;
2. Control and prevention of invasive terrestrial and aquatic species;
3. Enhancement of recreational opportunities;
4. Protection of sensitive species and improvement of wildlife habitat; and
5. Water quality, erosion control and stream restoration and enhancement projects of the Environmental Improvement Program to be carried out pursuant to grants and project agreements.
Sec. 6. Section 1 of chapter 215, Statutes of Nevada 2021, at page 1008, is hereby amended to read as follows:
Section 1. Money to carry out the Environmental Improvement Program for the Lake Tahoe Basin established pursuant to section 1 of chapter 514, Statutes of Nevada 1999, at page 2627, must be provided by the issuance by the State Board of Finance of general obligation bonds of the State of Nevada in a total face amount of not more than $4,000,000 pursuant to NRS 349.150 to 349.364, inclusive. The proceeds of the bonds issued pursuant to this section and any accrued interest thereon must be deposited in the Fund to Protect the Lake Tahoe Basin created pursuant to section 2 of chapter 514, Statutes of Nevada 1999, at page 2628, and, except as otherwise provided in section 2 of this act, must be used for the following activities related to the Environmental Improvement Program to be carried out by the State Department of Conservation and Natural Resources:
1. Continued implementation of forest health, restoration, and fuels management projects;
2. Control and prevention of invasive terrestrial and aquatic species;
3. Enhancement of recreational opportunities;
4. Protection of sensitive species and improvement of wildlife habitat; and
5. Water quality, erosion control and stream restoration and enhancement projects of the Environmental Improvement Program to be carried out pursuant to grants and project agreements.
Sec. 7. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 504κ
Senate Bill No. 5Committee on Government Affairs
CHAPTER 100
[Approved: May 30, 2023]
AN ACT relating to emergency management; authorizing the Division of Emergency Management in the Office of the Military to use money in the Emergency Assistance Account for the purpose of emergency management; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Division of Emergency Management in the Office of the Military and grants the Division certain powers and duties concerning emergencies and disasters. (NRS 414.040) Existing law further establishes the Emergency Assistance Account in the State General Fund and requires the Division to administer the Account. Existing law authorizes the use of the money in the Account: (1) to provide supplemental emergency assistance to the State or local governments; (2) to pay the actual expenses incurred by the Division for administration during an emergency or disaster; and (3) for any other purpose authorized by the Legislature. (NRS 414.135) This bill expands the purposes for which money in the Account may be used by authorizing the Division to use money in the Account to pay the actual expenses incurred by the Division for the purpose of emergency management, regardless of whether the Governor or the Legislature proclaims that an emergency or disaster exists.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 414.135 is hereby amended to read as follows:
414.135 1. There is hereby created in the State General Fund the Emergency Assistance Account. Beginning with the fiscal year that begins on July 1, 1999, the State Controller shall, at the end of each fiscal year, transfer the interest earned during the previous fiscal year on the money in the Disaster Relief Account created pursuant to NRS 353.2735 to the Emergency Assistance Account in an amount not to exceed $500,000.
2. The Division of Emergency Management of the Office of the Military shall administer the Emergency Assistance Account. The Division may adopt regulations authorized by this section before, on or after July 1, 1999.
3. Except as otherwise provided in paragraph [(c),] (d), all expenditures from the Emergency Assistance Account must be approved in advance by the Division. Except as otherwise provided in subsection 4, all money in the Emergency Assistance Account must be expended:
(a) To provide supplemental emergency assistance to this State or to local governments in this State that are severely and adversely affected by a
κ2023 Statutes of Nevada, Page 505 (CHAPTER 100, SB 5)κ
natural, technological or man-made emergency or disaster for which available resources of this State or the local government are inadequate to provide a satisfactory remedy;
(b) To pay any actual expenses incurred by the Division for administration during a natural, technological or man-made emergency or disaster; [and]
(c) To pay any actual expenses incurred by the Division for the purpose of emergency management, regardless of whether the Governor or the Legislature proclaims that an emergency or disaster exists; and
(d) For any other purpose authorized by the Legislature.
4. Beginning with the fiscal year that begins on July 1, 1999, if any balance remains in the Emergency Assistance Account at the end of a fiscal year and the balance has not otherwise been committed for expenditure, the Division may, with the approval of the Interim Finance Committee, allocate all or any portion of the remaining balance, not to exceed $250,000, to this State or to a local government to:
(a) Purchase equipment or supplies required for emergency management;
(b) Provide training to personnel related to emergency management; and
(c) Carry out the provisions of NRS 388.229 to 388.266, inclusive.
5. Beginning with the fiscal year that begins on July 1, 1999, the Division shall, at the end of each quarter of a fiscal year, submit to the Interim Finance Committee a report of the expenditures made from the Emergency Assistance Account for the previous quarter.
6. The Division shall adopt such regulations as are necessary to administer the Emergency Assistance Account.
7. The Division may adopt regulations to provide for reimbursement of expenditures made from the Emergency Assistance Account. If the Division requires such reimbursement, the Attorney General shall take such action as is necessary to recover the amount of any unpaid reimbursement plus interest at a rate determined pursuant to NRS 17.130, computed from the date on which the money was removed from the Disaster Relief Account, upon request by the Division.
Sec. 2. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 506κ
Senate Bill No. 8Committee on Government Affairs
CHAPTER 101
[Approved: May 30, 2023]
AN ACT relating to juvenile justice; designating criminal investigators employed by the Division of Child and Family Services of the Department of Health and Human Services as category II peace officers; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law classifies peace officers as category I, category II or category III peace officers and requires peace officers in each category to meet certain training and educational requirements. (NRS 289.460, 289.470, 289.480, 289.510) Section 1 of this bill designates criminal investigators employed by the Division of Child and Family Services of the Department of Health and Human Services as category II peace officers. Section 2 of this bill makes a conforming change necessitated by the addition of criminal investigators to the list of category II peace officers in section 1.
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 289.470 is hereby amended to read as follows:
289.470 Category II peace officer means:
1. The bailiffs of the district courts, justice courts and municipal courts whose duties require them to carry weapons and make arrests;
2. Subject to the provisions of NRS 258.070, constables and their deputies;
3. Inspectors employed by the Nevada Transportation Authority who exercise those powers of enforcement conferred by chapters 706 and 712 of NRS;
4. Special investigators who are employed full-time by the office of any district attorney or the Attorney General;
5. Investigators of arson for fire departments who are specially designated by the appointing authority;
6. Investigators for the State Forester Firewarden who are specially designated by the State Forester Firewarden and whose primary duties are related to the investigation of arson;
7. Agents of the Nevada Gaming Control Board who exercise the powers of enforcement specified in NRS 289.360, 463.140 or 463.1405, except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;
8. Investigators and administrators of the Division of Compliance Enforcement of the Department of Motor Vehicles who perform the duties specified in subsection 2 of NRS 481.048;
9. Officers and investigators of the Section for the Control of Emissions From Vehicles and the Enforcement of Matters Related to the Use of Special Fuel of the Department of Motor Vehicles who perform the duties specified in subsection 3 of NRS 481.0481;
κ2023 Statutes of Nevada, Page 507 (CHAPTER 101, SB 8)κ
10. Legislative police officers of the State of Nevada;
11. Parole counselors of the Division of Child and Family Services of the Department of Health and Human Services;
12. Criminal investigators who are employed by the Division of Child and Family Services of the Department of Health and Human Services;
13. Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in the State of Nevada or by a department of juvenile justice services established by ordinance pursuant to NRS 62G.210 whose official duties require them to enforce court orders on juvenile offenders and make arrests;
[13.] 14. Field investigators of the Taxicab Authority;
[14.] 15. Security officers employed full-time by a city or county whose official duties require them to carry weapons and make arrests;
[15.] 16. The chief of a department of alternative sentencing created pursuant to NRS 211A.080 and the assistant alternative sentencing officers employed by that department;
[16.] 17. Agents of the Cannabis Compliance Board who exercise the powers of enforcement specified in NRS 289.355;
[17.] 18. Criminal investigators who are employed by the Secretary of State; and
[18.] 19. The Inspector General of the Department of Corrections and any person employed by the Department as a criminal investigator.
Sec. 2. NRS 289.480 is hereby amended to read as follows:
289.480 Category III peace officer means a peace officer whose authority is limited to correctional services, including the superintendents and correctional officers of the Department of Corrections. The term does not include a person described in subsection [18] 19 of NRS 289.470.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 29Committee on Revenue and Economic Development
CHAPTER 102
[Approved: May 30, 2023]
AN ACT relating to taxation; prohibiting interest payments on certain refunds of taxes that were over-collected by the taxpayer; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that a taxpayer is entitled to receive interest on any refund owed to the taxpayer on an overpayment of taxes. (NRS 360.2935) Section 1 of this bill prohibits interest on a refund of any tax which was over-collected by the taxpayer and which the taxpayer is required to refund to the person from whom the tax was initially collected. Sections 2 and 3 of this bill make conforming changes to reflect that interest is not allowed on any refund of such a tax. Section 4 of this bill provides that the provisions of this bill apply to any refund of an overpayment of such a tax issued by the Department of Taxation on or after July 1, 2023, regardless of the period for which the tax was paid or the date on which a claim for a refund was submitted to the Department.
κ2023 Statutes of Nevada, Page 508 (CHAPTER 102, SB 29)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 360.2935 is hereby amended to read as follows:
360.2935 1. Except as otherwise provided in this title, a taxpayer is entitled to receive on any overpayment of taxes, after the offset required by NRS 360.320 has been made, a refund together with interest at a rate determined pursuant to NRS 17.130.
2. No interest is allowed on a refund of [any] :
(a) Any penalties or interest paid by a taxpayer [.] ; or
(b) Any tax which was over-collected by the taxpayer and which the taxpayer is required to refund to the person from whom it was collected.
Sec. 2. NRS 360.2937 is hereby amended to read as follows:
360.2937 1. Except as otherwise provided in this section, NRS 360.320 or any other specific statute, and notwithstanding the provisions of subsection 1 of NRS 360.2935, interest must be paid upon an overpayment of any tax provided for in chapter 362, 363A, 363B, 363C, 363D, 369, 370, 372, 372B, 374, 377, 377A, 377C or 377D of NRS, any of the taxes provided for in NRS 372A.290, any fee provided for in NRS 444A.090, 482.313, 482C.230 or 482C.240, or any assessment provided for in NRS 585.497, at the rate of 0.25 percent per month from the last day of the calendar month following the period for which the overpayment was made.
2. No refund or credit may be made of any interest imposed on the person making the overpayment with respect to the amount being refunded or credited.
3. The interest must be paid:
(a) In the case of a refund, to the last day of the calendar month following the date upon which the person making the overpayment, if the person has not already filed a claim, is notified by the Department that a claim may be filed or the date upon which the claim is certified to the State Board of Examiners, whichever is earlier.
(b) In the case of a credit, to the same date as that to which interest is computed on the tax or the amount against which the credit is applied.
Sec. 3. NRS 368A.270 is hereby amended to read as follows:
368A.270 1. Except as otherwise provided in this section , [and] NRS 360.320 [,] or any other specific statute, interest must be paid upon any overpayment of any amount of the tax imposed by this chapter in accordance with the provisions of NRS 368A.140.
2. If the overpayment is paid to the Department, the interest must be paid at the rate set forth in, and in accordance with the provisions of, NRS 360.2937.
3. If the Board or the Department determines that any overpayment has been made intentionally or by reason of carelessness, the Board or the Department shall not allow any interest on the overpayment.
Sec. 4. The amendatory provisions of this act apply to any refund of an overpayment of taxes issued by the Department of Taxation on or after July 1, 2023, regardless of the period for which the tax was paid or the date on which a claim for a refund was submitted to the Department.
Sec. 5. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 509κ
Senate Bill No. 32Committee on Commerce and Labor
CHAPTER 103
[Approved: May 30, 2023]
AN ACT relating to the Private Investigators Licensing Board; exempting persons engaged exclusively in transporting persons for the purposes of a temporary transfer of custody pursuant to the Agreement on Detainers, extradition pursuant to the Uniform Criminal Extradition Act or a temporary or permanent transfer of the custody of a person from one state or local governmental agency to another from licensure and regulation by the Board; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the licensure and regulation of private investigators, private patrol officers, process servers, repossessors, dog handlers, security consultants and polygraphic examiners by the Private Investigators Licensing Board. (Chapter 648 of NRS) Existing law further requires an employee of a person licensed by the Board to be registered with the Board to perform any work regulated by the Board. (NRS 648.060, 648.1493, 648.203)
Under existing law, Nevada has enacted the Agreement on Detainers, an interstate agreement setting forth certain procedures for the temporary transfer of custody of an incarcerated person from the state in which the person is incarcerated to another state where the person is subject to pending criminal charges. (NRS 178.620) Existing law also sets forth the Uniform Criminal Extradition Act, which establishes certain procedures governing the extradition to and from this State of a person who has been charged with a crime or who has been alleged to have escaped from confinement or broken the terms of the persons bail, probation or parole. (NRS 179.177-179.235) Because persons who transport persons from this State to another state, from another state to this State or through this State are private patrol officers for the purposes of existing law governing the licensure of private patrol officers by the Private Investigators Licensing Board, such persons are required to obtain a license from the Board and employees of such persons are required to be registered with the Board. (NRS 648.013, 648.060, 648.063, 648.1493, 648.203)
This bill exempts from the provisions of existing law governing the licensure and regulation of private investigators and related professions by the Private Investigators Licensing Board any person, or any employee thereof, who is engaged exclusively in the business of transporting persons: (1) from this State to another state, from another state to this State or through this State for the purpose of a temporary transfer of custody pursuant to the Agreement on Detainers or extradition pursuant to the Uniform Criminal Extradition Act; or (2) within this State for the purpose of a temporary or permanent transfer of the custody of a person from one state or local governmental agency to another.
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 648.018 is hereby amended to read as follows:
648.018 Except as to polygraphic examiners and interns, this chapter does not apply:
κ2023 Statutes of Nevada, Page 510 (CHAPTER 103, SB 32)κ
1. To any detective or officer belonging to the law enforcement agencies of the State of Nevada or the United States, or of any county or city of the State of Nevada, while the detective or officer is engaged in the performance of his or her official duties.
2. To special police officers appointed by the police department of any city, county, or city and county within the State of Nevada while the officer is engaged in the performance of his or her official duties.
3. To insurance adjusters licensed pursuant to the Nevada Insurance Adjusters Law who are not otherwise engaged in the business of private investigators.
4. To any private investigator, private patrol officer, process server, dog handler or security consultant employed by an employer regularly in connection with the affairs of that employer if a bona fide employer-employee relationship exists, except as otherwise provided in NRS 648.060, 648.140 and 648.203.
5. To a repossessor employed exclusively by one employer regularly in connection with the affairs of that employer if a bona fide employer-employee relationship exists, except as otherwise provided in NRS 648.060, 648.140 and 648.203.
6. To a person engaged exclusively in the business of obtaining and furnishing information as to the financial rating of persons.
7. To a charitable philanthropic society or association incorporated under the laws of this State which is organized and maintained for the public good and not for private profit.
8. To an attorney at law in performing his or her duties as such.
9. To a collection agency unless engaged in business as a repossessor, licensed by the Commissioner of Financial Institutions, or an employee thereof while acting within the scope of his or her employment while making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or his or her assets and of property which the client has an interest in or lien upon.
10. To admitted insurers and agents and insurance brokers licensed by the State, performing duties in connection with insurance transacted by them.
11. To any bank organized pursuant to the laws of this State or to any national bank engaged in banking in this State.
12. To any person employed to administer a program of supervision for persons who are serving terms of residential confinement.
13. To any commercial registered agent, as defined in NRS 77.040, who obtains copies of, examines or extracts information from public records maintained by any foreign, federal, state or local government, or any agency or political subdivision of any foreign, federal, state or local government.
14. To any holder of a certificate of certified public accountant issued by the Nevada State Board of Accountancy pursuant to chapter 628 of NRS while performing his or her duties pursuant to the certificate.
15. To a person performing the repair or maintenance of a computer who performs a review or analysis of data contained on a computer solely for the purposes of diagnosing a computer hardware or software problem and who is not otherwise engaged in the business of a private investigator.
16. To any person who for any consideration engages in business or accepts employment to provide information security.
17. To any person, or any employee thereof, who is engaged exclusively in the business of transporting persons:
κ2023 Statutes of Nevada, Page 511 (CHAPTER 103, SB 32)κ
(a) From this State to another state, from another state to this State or through this State for the purpose of a temporary transfer of custody pursuant to NRS 178.620 or extradition pursuant to NRS 179.177 to 179.235, inclusive; or
(b) Within this State for the purpose of a temporary or permanent transfer of the custody of a person from one state or local governmental agency to another.
________
Senate Bill No. 43Committee on Health and Human Services
CHAPTER 104
[Approved: May 31, 2023]
AN ACT relating to aging and disability services; revising the qualifications of the members of the Nevada Commission on Aging; requiring certain updates to the strategic plan for persons with disabilities as the Aging and Disability Services Division of the Department of Health and Human Services determines to be necessary; revising the duties of the Nevada Commission on Services for Persons with Disabilities; revising certain titles; revising a certain plan for the provision of services to persons who are deaf, hard of hearing or speech impaired; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law: (1) creates the Nevada Commission on Aging within the Aging and Disability Services Division of the Department of Health and Human Services; (2) requires the membership of the Commission to include two members of the governing body of a county and two members of the governing body of a city; and (3) requires the Commission to perform certain duties relating to the needs of and programs for aging persons. (NRS 427A.032, 427A.038) Section 1 of this bill authorizes the Governor to appoint any officer or employee of a county or city government, as applicable, to those positions on the Commission.
Assembly Bill No. 513 of the 2001 Legislative Session appropriated money to the Department of Human Resources (now the Department of Health and Human Services) to develop a plan to: (1) ensure the availability of services for persons with disabilities; (2) support the ability of persons with disabilities to lead independent lives; (3) continue efforts to provide community-based services to persons with disabilities; and (4) ensure persons with disabilities receive the services they are entitled to pursuant to state or federal law. (Chapter 541, Statutes of Nevada 2001, at page 2705) Existing law requires the Division to report the progress of carrying out the plan and authorizes the Nevada Commission on Services for Persons with Disabilities to carry out the plan. (NRS 427A.040, 427A.1217) Section 2 of this bill requires the Division, as it determines necessary, to update the parts of this plan applicable to the Division. Sections 2 and 3 of this bill update references to the plan.
κ2023 Statutes of Nevada, Page 512 (CHAPTER 104, SB 43)κ
Existing federal law requires: (1) each state to establish a Statewide Independent Living Council consisting of persons with disabilities, providers of services to such persons and other related persons; and (2) the chairperson of the Council and directors of centers for independent living to jointly develop a state plan for independent living, which must include various provisions to promote independent living for persons with disabilities. (29 U.S.C. §§ 796c, 796d) Existing law requires the Nevada Commission on Services for Persons with Disabilities to seek ways to avoid unnecessary duplication of services to persons with disabilities and establish priorities for the Division based on the needs of persons with disabilities. (NRS 427A.1217) Section 3 of this bill requires the Commission to: (1) coordinate with the Statewide Independent Living Council to seek ways to avoid unnecessary duplication of services; and (2) establish priorities for the Division in conjunction with the state plan for independent living.
Existing law establishes: (1) the Office of the Community Advocate for Elder Rights within the Division; and (2) the position of Community Advocate for Elder Rights to perform the functions of the Office, which include advocating for issues relating to aging persons and certain other duties to assist such persons. (NRS 427A.300, 427A.310) Sections 4 and 5 of this bill shorten the name of the Office and the title of the Community Advocate.
Existing law creates the Nevada Commission for Persons Who Are Deaf and Hard of Hearing and prescribes various powers and duties of the Commission relating to services and programs for persons who are deaf, hard of hearing or speech impaired. Existing law authorizes the Commission to create and annually review a 5-year strategic plan consisting of short-term and long-term goals for services provided by or on behalf of the Division. (NRS 427A.750) Section 6 of this bill abolishes that 5-year strategic plan and instead authorizes the Commission to develop a statewide plan to provide services to persons who are deaf, hard of hearing or speech impaired.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 427A.032 is hereby amended to read as follows:
427A.032 1. The Nevada Commission on Aging, consisting of 11 voting members and four or more nonvoting members, is hereby created within the Aging and Disability Services Division of the Department.
2. The Governor shall appoint as voting members of the Commission:
(a) Two persons who are [members of the governing body] officers or employees of a county [.] government.
(b) Two persons who are [members of the governing body] officers or employees of a city [.] government.
(c) Seven persons who have experience with or an interest in and knowledge of the problems of and services for the aging.
Κ At least six persons appointed as voting members must be 55 years of age or older.
3. The following persons shall serve as nonvoting members of the Commission:
(a) The Director of the Department, who shall serve as Chair of the Commission.
(b) The Administrator of the Aging and Disability Services Division.
(c) One member of the Senate and one member of the Assembly appointed by the Legislative Commission with appropriate regard for their experience with and knowledge of matters relating to older persons.
κ2023 Statutes of Nevada, Page 513 (CHAPTER 104, SB 43)κ
(d) Such other representatives of state government as may be designated by the Governor.
4. The members designated in paragraphs (a) and (b) of subsection 3 may designate alternates within their respective offices to attend any meeting of the Commission in their place.
5. After the initial terms, the Governor shall appoint each voting member of the Commission to a term of 2 years. No member may serve after the expiration of his or her term unless the member is appointed to serve another term. No person may be appointed to serve a full term as a voting member more than twice. No person who serves as a voting member for more than 1 year of a term to which another person was appointed may be appointed to serve a full term more than once.
6. The position of a member of the Commission is vacated upon his or her loss of any of the qualifications required for the appointment and in that event the vacancy must be filled for the unexpired term in the manner provided for the original appointment.
7. The Governor may remove a member appointed by the Governor to the Commission for malfeasance in office or neglect of duty. Absence from two consecutive meetings of the Commission constitutes good and sufficient cause for removal of a member by the Governor.
Sec. 2. NRS 427A.040 is hereby amended to read as follows:
427A.040 1. The Division shall, consistent with the priorities established by the Commission pursuant to NRS 427A.038:
(a) Serve as a clearinghouse for information related to problems of the aged and aging.
(b) Assist the Director in all matters pertaining to problems of the aged and aging.
(c) Develop plans, conduct and arrange for research and demonstration programs in the field of aging.
(d) Provide technical assistance and consultation to political subdivisions with respect to programs for the aged and aging.
(e) Prepare, publish and disseminate educational materials dealing with the welfare of older persons.
(f) Gather statistics in the field of aging which other federal and state agencies are not collecting.
(g) Stimulate more effective use of existing resources and available services for the aged and aging.
(h) Develop and coordinate efforts to carry out a comprehensive State Plan for Providing Services to Meet the Needs of Older Persons. In developing and revising the State Plan, the Division shall consider, among other things, the amount of money available from the Federal Government for services to aging persons and the conditions attached to the acceptance of such money, and the limitations of legislative appropriations for services to aging persons.
(i) Coordinate all state and federal funding of service programs to the aging in the State.
2. The Division shall:
(a) Provide access to information about services or programs for persons with disabilities that are available in this State.
(b) Work with persons with disabilities, persons interested in matters relating to persons with disabilities and state and local governmental agencies in:
κ2023 Statutes of Nevada, Page 514 (CHAPTER 104, SB 43)κ
(1) Developing and improving policies of this State concerning programs or services for persons with disabilities, including, without limitation, policies concerning the manner in which complaints relating to services provided pursuant to specific programs should be addressed; and
(2) Making recommendations concerning new policies or services that may benefit persons with disabilities.
(c) Serve as a liaison between state governmental agencies that provide services or programs to persons with disabilities to facilitate communication and the coordination of information and any other matters relating to services or programs for persons with disabilities.
(d) Serve as a liaison between local governmental agencies in this State that provide services or programs to persons with disabilities to facilitate communication and the coordination of information and any other matters relating to services or programs for persons with disabilities. To inform local governmental agencies in this State of services and programs of other local governmental agencies in this State for persons with disabilities pursuant to this subsection, the Division shall:
(1) Provide technical assistance to local governmental agencies, including, without limitation, assistance in establishing an electronic network that connects the Division to each of the local governmental agencies that provides services or programs to persons with disabilities;
(2) Work with counties and other local governmental entities in this State that do not provide services or programs to persons with disabilities to establish such services or programs; and
(3) Assist local governmental agencies in this State to locate sources of funding from the Federal Government and other private and public sources to establish or enhance services or programs for persons with disabilities.
(e) Administer the following programs in this State that provide services for persons with disabilities:
(1) The program established pursuant to NRS 427A.791, 427A.793 and 427A.795 to provide services for persons with physical disabilities;
(2) The programs established pursuant to NRS 427A.800, 427A.850 and 427A.860 to provide services to persons with traumatic brain injuries;
(3) The program established pursuant to NRS 427A.610 to provide hearing aids to children who are hard of hearing;
(4) The program established pursuant to NRS 427A.797 to provide devices for telecommunication to persons who are deaf and persons with impaired speech or hearing;
(5) Any state program for independent living established pursuant to 29 U.S.C. §§ 796 et seq., with the Rehabilitation Division of the Department of Employment, Training and Rehabilitation acting as the designated state unit, as that term is defined in 34 C.F.R. § 385.4, or the designated state entity, as that term is defined in 45 C.F.R. § 1329.4, as applicable; and
(6) Any state program established pursuant to the Assistive Technology Act of 1998, 29 U.S.C. §§ 3001 et seq.
(f) Provide information to persons with disabilities on matters relating to the availability of housing for persons with disabilities and identify sources of funding for new housing opportunities for persons with disabilities.
(g) Before establishing policies or making decisions that will affect the lives of persons with disabilities, consult with persons with disabilities and members of the public in this State through the use of surveys, focus groups, hearings or councils of persons with disabilities to receive:
κ2023 Statutes of Nevada, Page 515 (CHAPTER 104, SB 43)κ
members of the public in this State through the use of surveys, focus groups, hearings or councils of persons with disabilities to receive:
(1) Meaningful input from persons with disabilities regarding the extent to which such persons are receiving services, including, without limitation, services described in their individual service plans, and their satisfaction with those services; and
(2) Public input regarding the development, implementation and review of any programs or services for persons with disabilities.
(h) Develop and, as the Division determines necessary, update the parts of the strategic plan for persons with disabilities described in chapter 541, Statutes of Nevada 2001, that apply to the Division.
(i) Publish and make available to governmental entities and the general public a biennial report which:
(1) Provides a strategy for the expanding or restructuring of services in the community for persons with disabilities that is consistent with the need for such expansion or restructuring;
(2) Reports the progress of the Division in carrying out the strategic [planning goals] plan for persons with disabilities [identified pursuant to chapter 541, Statutes of Nevada 2001;] described in paragraph (h);
(3) Documents significant problems affecting persons with disabilities when accessing public services, if the Division is aware of any such problems;
(4) Provides a summary and analysis of the status of the practice of sign language interpreting and the practice of realtime captioning, including, without limitation, the number of persons engaged in the practice of sign language interpreting in a primary or secondary educational setting in each professional classification established by NRS 656A.100 or the regulations adopted pursuant to NRS 656A.110 and the number of persons engaged in the practice of realtime captioning in a primary or secondary educational setting; and
(5) Recommends strategies and, if determined necessary by the Division, legislation for improving the ability of the State to provide services to persons with disabilities and advocate for the rights of persons with disabilities.
3. The Division shall confer with the Department as the sole state agency in the State responsible for administering the provisions of this chapter and chapter 435 of NRS.
4. The Division shall administer the provisions of chapters 435 and 656A of NRS.
5. The Division may contract with any appropriate public or private agency, organization or institution, in order to carry out the provisions of this chapter and chapter 435 of NRS.
Sec. 3. NRS 427A.1217 is hereby amended to read as follows:
427A.1217 1. The Commission shall:
(a) Determine and evaluate the needs of persons with disabilities in this State;
(b) Seek ways to avoid unnecessary duplication of services for persons with disabilities by public and private organizations in this State [;] by coordinating recommendations with the Statewide Independent Living Council established pursuant to 29 U.S.C. § 796d;
κ2023 Statutes of Nevada, Page 516 (CHAPTER 104, SB 43)κ
(c) Establish priorities for the work of the Division according to the most pressing needs of persons with disabilities as determined by the Commission [;] and in conjunction with the state plan for independent living developed pursuant to 29 U.S.C. § 796c; and
(d) Promote programs that provide community-based services necessary to enable a person with a disability, to the fullest extent possible, to remain in his or her home and be an integral part of his or her family and community.
2. The Commission may:
(a) Review and make recommendations regarding plans for services for persons with disabilities;
(b) Gather and disseminate information relating to persons with disabilities;
(c) Conduct hearings, conferences and special studies on the problems of persons with disabilities and on programs that serve persons with disabilities;
(d) Evaluate existing programs for persons with disabilities, recommend changes in those programs and propose new programs that would more effectively and economically serve the needs of persons with disabilities;
(e) Evaluate any proposed legislation that would affect persons with disabilities;
(f) Carry out the provisions of the [Strategic Plan for Persons with Disabilities developed by the Department pursuant to paragraph (c) of subsection 1 of section 1 of chapter 541, Statutes of Nevada 2001;] strategic plan for persons with disabilities updated pursuant to paragraph (h) of subsection 2 of NRS 427A.040;
(g) Recommend to the Legislature any appropriate legislation concerning persons with disabilities; and
(h) Coordinate and assist the efforts of public and private organizations that serve the needs of persons with disabilities, especially in the areas of education, employment, health, housing, welfare and recreation.
Sec. 4. NRS 427A.300 is hereby amended to read as follows:
427A.300 1. The Office of the Community Advocate [for Elder Rights] is hereby created within the Division.
2. The Administrator shall appoint the Community Advocate . [for Elder Rights.] The person so appointed:
(a) Must be qualified by training and experience to perform the duties and functions of the office; and
(b) Is in the classified service of the State.
Sec. 5. NRS 427A.310 is hereby amended to read as follows:
427A.310 1. The Community Advocate [for Elder Rights] shall provide assistance to persons who are 60 years of age or older and do not reside in facilities for long-term care. The assistance must include at least the:
(a) Coordination of resources and services available to aging persons within their respective communities, including the services provided through a program established pursuant to NRS 427A.250 or 427A.255;
(b) Dissemination of information to aging persons on issues of national and local interest, including information regarding the services of the Community Advocate [for Elder Rights] and the existence of groups of aging persons with similar interests and concerns; and
(c) Advocation of issues relating to aging persons.
κ2023 Statutes of Nevada, Page 517 (CHAPTER 104, SB 43)κ
2. The Administrator may direct the Community Advocate [for Elder Rights] to provide assistance to a person who:
(a) Is less than 60 years of age; and
(b) Does not reside in a facility for long-term care.
Sec. 6. NRS 427A.750 is hereby amended to read as follows:
427A.750 1. The Nevada Commission for Persons Who Are Deaf and Hard of Hearing is hereby created within the Division. The Commission consists of 11 members appointed by the Governor. The Governor shall consider recommendations made by the Nevada Commission on Services for Persons with Disabilities and appoint to the Nevada Commission for Persons Who Are Deaf and Hard of Hearing:
(a) One nonvoting member who is employed by the State and who participates in the administration of the programs of this State that provide services to persons who are deaf, hard of hearing or speech impaired;
(b) One member who is a member of the Nevada Association of the Deaf, or, if it ceases to exist, one member who represents an organization which has a membership of persons who are deaf, hard of hearing or speech-impaired;
(c) One member who has experience with and knowledge of services for persons who are deaf, hard of hearing or speech-impaired;
(d) One nonvoting member who is the Executive Director of the Nevada Telecommunications Association or, in the event of its dissolution, who represents the telecommunications industry;
(e) One member who is a user of telecommunications relay services or the services of persons engaged in the practice of sign language interpreting or the practice of realtime captioning;
(f) One member who is a parent of a child who is deaf, hard of hearing or speech-impaired;
(g) One member who represents educators in this State and has knowledge concerning the provision of communication services to persons who are deaf, hard of hearing or speech impaired in elementary, secondary and postsecondary schools and the laws concerning the provision of those services;
(h) One member who represents an advocacy organization whose membership consists of persons who are deaf, hard of hearing or speech-impaired;
(i) One member who is deaf or hard of hearing;
(j) One member who specializes in issues relating to the employment of persons with disabilities; and
(k) One member who is the parent or guardian of a child who is less than 6 years of age and is deaf or hard of hearing.
2. After the initial term, the term of each member is 3 years. A member may be reappointed.
3. If a vacancy occurs during the term of a member, the Governor shall appoint a person similarly qualified to replace that member for the remainder of the unexpired term.
4. The Commission shall:
(a) At its first meeting and annually thereafter, elect a Chair from among its voting members; and
κ2023 Statutes of Nevada, Page 518 (CHAPTER 104, SB 43)κ
(b) Meet at the call of the Governor or the Chair or a majority of its voting members as is necessary to carry out its responsibilities.
5. A majority of the voting members of the Commission constitutes a quorum for the transaction of business, and a majority of the voting members of a quorum present at any meeting is sufficient for any official action taken by the Commission.
6. Members of the Commission serve without compensation, except that each member is entitled, while engaged in the business of the Commission, to the per diem allowance and travel expenses provided for state officers and employees generally if funding is available for this purpose.
7. A member of the Commission who is an officer or employee of this State or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation so that the person may prepare for and attend meetings of the Commission and perform any work necessary to carry out the duties of the Commission in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Commission to make up the time he or she is absent from work to carry out his or her duties as a member of the Commission or use annual vacation or compensatory time for the absence.
8. The Commission may:
(a) Make recommendations to any state agency, including, without limitation, the Division, concerning the establishment and operation of programs for persons who are deaf, hard of hearing or speech impaired to ensure equal access to state programs and activities.
(b) Recommend to the Governor any proposed legislation concerning persons who are deaf, hard of hearing or speech impaired.
(c) Collect information concerning persons who are deaf, hard of hearing or speech impaired.
(d) [Create and annually review a 5-year strategic plan consisting of short-term and long-term goals for services provided by or on behalf of the Division.] Develop a statewide plan to provide services to persons who are deaf, hard of hearing or speech impaired. In [creating and reviewing] developing any such plan, the Commission must solicit input from various persons, including, without limitation, persons who are deaf, hard of hearing or speech impaired.
(e) Review the goals, policies, programs and services of state agencies, including, without limitation, the Division, that serve persons who are deaf, hard of hearing or speech impaired and advise such agencies regarding such goals, policies, programs and services, including, without limitation, the outcomes of services provided to persons who are deaf, hard of hearing or speech impaired and the requirements imposed on providers.
(f) Based on information collected by the Department of Education, advise the Department of Education on research and methods to ensure the availability of language and communication services for children who are deaf, hard of hearing or speech-impaired.
(g) Consult with the personnel of any state agency, including, without limitation, the Division, concerning any matter relevant to the duties of the Commission.
κ2023 Statutes of Nevada, Page 519 (CHAPTER 104, SB 43)κ
Commission. A state agency shall make available to the Commission any officer or employee of the agency with which the Commission wishes to consult pursuant to this paragraph.
9. The Commission shall:
(a) Make recommendations to the Division concerning the practice of sign language interpreting and the practice of realtime captioning, including, without limitation, the adoption of regulations to carry out the provisions of chapter 656A of NRS.
(b) Make recommendations to the Division concerning all programs and activities funded by the surcharge imposed pursuant to subsection 3 of NRS 427A.797.
(c) Provide persons who are deaf, hard of hearing or speech impaired with information concerning services and resources that promote equality for such persons in education, employment and socialization and referrals for such services and resources;
(d) Review the procedures and practices of state and local governmental entities to ensure that persons who are deaf, hard of hearing or speech impaired have equal access to resources and services provided by those governmental entities; and
(e) Make recommendations to state and local governmental entities concerning:
(1) Compliance with laws and regulations concerning persons who are deaf, hard of hearing or speech impaired, including, without limitation, the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.;
(2) Improving the health, safety, welfare and comfort of persons who are deaf, hard of hearing or speech impaired; and
(3) Integrating services and programs for persons who are deaf, hard of hearing or speech impaired and improving cooperation among state and local governmental entities that provide such services.
10. As used in this section:
(a) Practice of sign language interpreting has the meaning ascribed to it in NRS 656A.060.
(b) Practice of realtime captioning has the meaning ascribed to it in NRS 656A.062.
(c) Telecommunications relay services has the meaning ascribed to it in 47 C.F.R. § 64.601.
Sec. 7. This act becomes effective upon passage and approval.
________
κ2023 Statutes of Nevada, Page 520κ
Senate Bill No. 91Senator Lange
CHAPTER 105
[Approved: May 31, 2023]
AN ACT relating to alcohol, drug and gambling counselors; authorizing a licensed clinical alcohol and drug counselor who meets certain requirements to supervise a certified problem gambling counselor intern; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a licensed clinical alcohol and drug counselor to supervise certified clinical alcohol and drug counselor interns and alcohol and drug counselor interns. (NRS 641C.331) Existing law authorizes the Board of Examiners for Alcohol, Drug and Gambling Counselors to issue a certificate as a problem gambling counselor to a person who has completed at least 2,000 hours of supervised counseling of persons with an addictive disorder related to gambling and meets certain other requirements. (NRS 641C.430) Existing law authorizes a certified problem gambling counselor intern to counsel persons with an addictive disorder related to gambling under the supervision of a certified problem gambling counselor approved by the Board. (NRS 641C.435, 641C.440) Sections 1 and 2 of this bill additionally authorize a licensed clinical alcohol and drug counselor who is approved by the Board and has completed certain instruction concerning problem gambling and the supervision of interns to supervise a certified problem gambling counselor intern.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 641C.331 is hereby amended to read as follows:
641C.331 1. A license as a clinical alcohol and drug counselor is valid for 2 years and may be renewed.
2. A licensed clinical alcohol and drug counselor may:
(a) Engage in the clinical practice of counseling persons with alcohol and other substance use disorders;
(b) Diagnose or classify a person as having an alcohol or other substance use disorder; [and]
(c) Supervise certified clinical alcohol and drug counselor interns and alcohol and drug counselor interns [.] ; and
(d) Supervise certified problem gambling counselor interns if the licensed clinical alcohol and drug counselor:
(1) Is approved by the Board to conduct such supervision; and
(2) Has completed at least:
(I) Thirty hours of instruction relating to problem gambling; and
(II) Twelve hours of instruction relating to the supervision of interns, including, without limitation, the supervision of certified problem gambling counselor interns.
Sec. 2. NRS 641C.440 is hereby amended to read as follows:
641C.440 1. The Board may issue a certificate as a problem gambling counselor intern to a person who:
κ2023 Statutes of Nevada, Page 521 (CHAPTER 105, SB 91)κ
(a) Is not less than 21 years of age;
(b) Submits proof to the Board that the person:
(1) Has received a bachelors degree, masters degree or a doctoral degree from an accredited college or university in a field of social science approved by the Board; or
(2) Is enrolled in a program at an accredited college or university from which he or she will receive a bachelors degree, masters degree or a doctoral degree in a field of social science approved by the Board;
(c) Has completed not less than 30 hours of training specific to problem gambling approved by the Board;
(d) Demonstrates that a certified problem gambling counselor approved by the Board or a licensed clinical alcohol and drug counselor who meets the requirements of paragraph (d) of subsection 2 of NRS 641C.331 has agreed to supervise him or her in a setting approved by the Board;
(e) Pays the fees required pursuant to NRS 641C.470; and
(f) Submits all information required to complete an application for a certificate.
2. A certificate as a problem gambling counselor intern is valid for 6 months and, except as otherwise provided in subsection 3, may be renewed.
3. A certificate as a problem gambling counselor intern issued to a person on the basis that the person is enrolled in a program at an accredited college or university from which he or she will receive a bachelors degree, masters degree or a doctoral degree in a field of social science approved by the Board may be renewed not more than nine times.
4. A certified problem gambling counselor intern may, under the supervision of a certified problem gambling counselor [:] or a licensed clinical alcohol and drug counselor who meets the requirements of paragraph (d) of subsection 2 of NRS 641C.331:
(a) Engage in the practice of counseling persons with an addictive disorder related to gambling; and
(b) Assess and evaluate a person as having an addictive disorder related to gambling.
Sec. 3. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 522κ
Senate Bill No. 177Senators Dondero Loop, Spearman; Cannizzaro, Flores, Lange, Neal, Nguyen, Ohrenschall and Pazina
Joint Sponsor: Assemblywoman Thomas
CHAPTER 106
[Approved: May 31, 2023]
AN ACT relating to Medicaid; requiring Medicaid and health maintenance organizations and other managed care organizations providing coverage to recipients of Medicaid to cover certain antipsychotic or anticonvulsant drugs under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Department of Health and Human Services to develop a list of preferred prescription drugs to be used for the Medicaid program. (NRS 422.4025) The policies of the Department currently provide for the coverage of any typical or atypical antipsychotic medication or anticonvulsant medication that is not on the list of preferred prescription drugs upon the demonstrated therapeutic failure of one drug on that list to adequately treat the condition of a recipient of Medicaid. (Medicaid Services Manual 1203.1(B)(1)(h)) Section 1 of this bill codifies this requirement in law, and sections 2 and 4 of this bill clarify that the requirement applies to health maintenance organizations and other managed care organizations providing coverage to recipients of Medicaid. Section 3 of this bill authorizes the Commissioner of Insurance to suspend or revoke the certificate of authority of a health maintenance organization that fails to comply with the requirement of section 2 to cover any typical or atypical antipsychotic medication or anticonvulsant medication that is not on the list of preferred prescription drugs upon the demonstrated therapeutic failure of one drug on that list to adequately treat the condition of a recipient of Medicaid. The Commissioner would also be authorized to take such action against other managed care organizations who fail to comply with the requirements of section 4. (NRS 680A.200)
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 422.4025 is hereby amended to read as follows:
422.4025 1. The Department shall:
(a) By regulation, develop a list of preferred prescription drugs to be used for the Medicaid program and the Childrens Health Insurance Program, and each public or nonprofit health benefit plan that elects to use the list of preferred prescription drugs as its formulary pursuant to NRS 287.012, 287.0433 or 687B.407; and
(b) Negotiate and enter into agreements to purchase the drugs included on the list of preferred prescription drugs on behalf of the health benefit plans described in paragraph (a) or enter into a contract pursuant to NRS 422.4053 with a pharmacy benefit manager, health maintenance organization or one or more public or private entities in this State, the District of Columbia or other states or territories of the United States, as appropriate, to negotiate such agreements.
κ2023 Statutes of Nevada, Page 523 (CHAPTER 106, SB 177)κ
2. The Department shall, by regulation, establish a list of prescription drugs which must be excluded from any restrictions that are imposed by the Medicaid program on drugs that are on the list of preferred prescription drugs established pursuant to subsection 1. The list established pursuant to this subsection must include, without limitation:
(a) Prescription drugs that are prescribed for the treatment of the human immunodeficiency virus, including, without limitation, antiretroviral medications;
(b) Antirejection medications for organ transplants;
(c) Antihemophilic medications; and
(d) Any prescription drug which the Board identifies as appropriate for exclusion from any restrictions that are imposed by the Medicaid program on drugs that are on the list of preferred prescription drugs.
3. The regulations must provide that the Board makes the final determination of:
(a) Whether a class of therapeutic prescription drugs is included on the list of preferred prescription drugs and is excluded from any restrictions that are imposed by the Medicaid program on drugs that are on the list of preferred prescription drugs;
(b) Which therapeutically equivalent prescription drugs will be reviewed for inclusion on the list of preferred prescription drugs and for exclusion from any restrictions that are imposed by the Medicaid program on drugs that are on the list of preferred prescription drugs; and
(c) Which prescription drugs should be excluded from any restrictions that are imposed by the Medicaid program on drugs that are on the list of preferred prescription drugs based on continuity of care concerning a specific diagnosis, condition, class of therapeutic prescription drugs or medical specialty.
4. The list of preferred prescription drugs established pursuant to subsection 1 must include, without limitation:
(a) Any prescription drug determined by the Board to be essential for treating sickle cell disease and its variants; and
(b) Prescription drugs to prevent the acquisition of human immunodeficiency virus.
5. The regulations must provide that each new pharmaceutical product and each existing pharmaceutical product for which there is new clinical evidence supporting its inclusion on the list of preferred prescription drugs must be made available pursuant to the Medicaid program with prior authorization until the Board reviews the product or the evidence.
6. The Medicaid program must automatically cover any typical or atypical antipsychotic medication or anticonvulsant medication that is not on the list of preferred prescription drugs upon the demonstrated therapeutic failure of one drug on that list to adequately treat the condition of a recipient of Medicaid.
7. On or before February 1 of each year, the Department shall:
(a) Compile a report concerning the agreements negotiated pursuant to paragraph (b) of subsection 1 and contracts entered into pursuant to NRS 422.4053 which must include, without limitation, the financial effects of obtaining prescription drugs through those agreements and contracts, in total and aggregated separately for agreements negotiated by the Department, contracts with a pharmacy benefit manager, contracts with a health maintenance organization and contracts with public and private entities from this State, the District of Columbia and other states and territories of the United States; and
κ2023 Statutes of Nevada, Page 524 (CHAPTER 106, SB 177)κ
contracts with a pharmacy benefit manager, contracts with a health maintenance organization and contracts with public and private entities from this State, the District of Columbia and other states and territories of the United States; and
(b) Post the report on an Internet website maintained by the Department and submit the report to the Director of the Legislative Counsel Bureau for transmittal to:
(1) In odd-numbered years, the Legislature; or
(2) In even-numbered years, the Legislative Commission.
Sec. 2. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:
A health maintenance organization that provides health care services to recipients of Medicaid under the State Plan for Medicaid pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services shall automatically cover any typical or atypical antipsychotic medication or anticonvulsant medication that is not on the list of preferred prescription drugs developed pursuant to NRS 422.4025 upon the demonstrated therapeutic failure of one drug on that list to adequately treat the condition of a recipient of Medicaid.
Sec. 3. NRS 695C.330 is hereby amended to read as follows:
695C.330 1. The Commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization pursuant to the provisions of this chapter if the Commissioner finds that any of the following conditions exist:
(a) The health maintenance organization is operating significantly in contravention of its basic organizational document, its health care plan or in a manner contrary to that described in and reasonably inferred from any other information submitted pursuant to NRS 695C.060, 695C.070 and 695C.140, unless any amendments to those submissions have been filed with and approved by the Commissioner;
(b) The health maintenance organization issues evidence of coverage or uses a schedule of charges for health care services which do not comply with the requirements of NRS 695C.1691 to 695C.200, inclusive, and section 2 of this act or 695C.207;
(c) The health care plan does not furnish comprehensive health care services as provided for in NRS 695C.060;
(d) The Commissioner certifies that the health maintenance organization:
(1) Does not meet the requirements of subsection 1 of NRS 695C.080; or
(2) Is unable to fulfill its obligations to furnish health care services as required under its health care plan;
(e) The health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;
(f) The health maintenance organization has failed to put into effect a mechanism affording the enrollees an opportunity to participate in matters relating to the content of programs pursuant to NRS 695C.110;
(g) The health maintenance organization has failed to put into effect the system required by NRS 695C.260 for:
κ2023 Statutes of Nevada, Page 525 (CHAPTER 106, SB 177)κ
(1) Resolving complaints in a manner reasonably to dispose of valid complaints; and
(2) Conducting external reviews of adverse determinations that comply with the provisions of NRS 695G.241 to 695G.310, inclusive;
(h) The health maintenance organization or any person on its behalf has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;
(i) The continued operation of the health maintenance organization would be hazardous to its enrollees or creditors or to the general public;
(j) The health maintenance organization fails to provide the coverage required by NRS 695C.1691; or
(k) The health maintenance organization has otherwise failed to comply substantially with the provisions of this chapter.
2. A certificate of authority must be suspended or revoked only after compliance with the requirements of NRS 695C.340.
3. If the certificate of authority of a health maintenance organization is suspended, the health maintenance organization shall not, during the period of that suspension, enroll any additional groups or new individual contracts, unless those groups or persons were contracted for before the date of suspension.
4. If the certificate of authority of a health maintenance organization is revoked, the organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of the organization. It shall engage in no further advertising or solicitation of any kind. The Commissioner may, by written order, permit such further operation of the organization as the Commissioner may find to be in the best interest of enrollees to the end that enrollees are afforded the greatest practical opportunity to obtain continuing coverage for health care.
Sec. 4. Chapter 695G of NRS is hereby amended by adding thereto a new section to read as follows:
A managed care organization that provides health care services to recipients of Medicaid under the State Plan for Medicaid pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services shall automatically cover any typical or atypical antipsychotic medication or anticonvulsant medication that is not on the list of preferred prescription drugs developed pursuant to NRS 422.4025 upon the demonstrated therapeutic failure of one drug on that list to adequately treat the condition of a recipient of Medicaid.
Sec. 5. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 526κ
Senate Bill No. 39Committee on Judiciary
CHAPTER 107
[Approved: May 31, 2023]
AN ACT relating to indigent services; providing that certain records received by the Board on Indigent Defense Services in the Department of Indigent Defense Services or the Department which are protected by the attorney-client privilege are confidential; providing that certain records received by the Board or the Department relating to the conduct of an attorney are confidential under certain circumstances; providing that certain records which are voluntarily disclosed to the Department remain protected by the attorney-client privilege under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law: (1) creates the Board on Indigent Defense Services and the Department of Indigent Defense Services; and (2) requires the Board and the Department to perform certain duties related to the oversight of indigent defense services in this State. (NRS 180.300, 180.320, 180.400, 180.410)
Section 1 of this bill provides, with certain exceptions, that all records received by the Board, the Department or a designee of the Department that are protected by the attorney-client privilege are confidential. Section 1 also provides that all records obtained or compiled during or after an investigation arising from a complaint related to the conduct of an attorney are confidential, unless releasing such records is necessary for the performance of the oversight functions or duties of the Board or Department. Additionally, section 1 clarifies that the Board and Department may, at their discretion, communicate or cooperate with, or provide records to, any professional licensing board or any other governmental agency that is investigating a complaint against an attorney pertaining to the representation of an indigent client by the attorney.
Existing law establishes a privilege for confidential communication between a client and the clients attorney. (NRS 49.035-49.115) However, existing law also provides that the privilege is waived if a person who holds the privilege voluntarily discloses or consents to disclosure of any significant part of the matter, unless the disclosure is itself a privileged communication or made to an interpreter employed merely to facilitate communications. (NRS 49.385) Section 2 of this bill provides that the privilege is additionally not waived if a disclosure is made to the Department or its designee for the purpose of: (1) requesting prior approval of a claim for compensation for certain legal expenses; (2) submitting a claim for compensation of certain legal fees or expenses reasonably incurred by an attorney providing indigent defense services; or (3) submitting a complaint against an attorney providing indigent defense services.
Section 3 of this bill makes a conforming change to reflect that certain records are confidential pursuant to section 1.
κ2023 Statutes of Nevada, Page 527 (CHAPTER 107, SB 39)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 180 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section and NRS 239.0115, all records received by the Board, the Department or a designee of the Department that are protected by the attorney-client privilege are confidential.
2. Except as otherwise provided in this section and NRS 239.0115, all records obtained or compiled during or after an investigation arising from a complaint received by the Board or the Department that are related to the conduct of an attorney are confidential, unless releasing such records is determined to be necessary for the oversight functions or duties of the Board or Department.
3. The provisions of this section do not prohibit the Board or the Department, at its discretion, from communicating or cooperating with, or providing any records to, any professional licensing board or any other governmental agency that is investigating a complaint against an attorney pertaining to the representation of an indigent client by the attorney.
4. As used in this section, records means any records, files, books, documents, papers, information or data that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
Sec. 2. NRS 49.385 is hereby amended to read as follows:
49.385 1. A person upon whom these rules confer a privilege against disclosure of a confidential matter waives the privilege if the person or the persons predecessor while holder of the privilege voluntarily discloses or consents to disclosure of any significant part of the matter.
2. This section does not apply if the disclosure is:
(a) Itself a privileged communication; [or]
(b) Made to an interpreter employed merely to facilitate communications [.] ; or
(c) Made to the Department of Indigent Defense Services or a designee of the Department for the purpose of:
(1) Requesting prior approval of a claim pursuant to paragraph (a) of subsection 1 of NRS 7.135;
(2) Submitting a claim for compensation or expenses pursuant to NRS 7.125 or 7.135; or
(3) Submitting a complaint against an attorney providing indigent defense services pursuant to NRS 180.320.
Sec. 3. 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,
κ2023 Statutes of Nevada, Page 528 (CHAPTER 107, SB 39)κ
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.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,
κ2023 Statutes of Nevada, Page 529 (CHAPTER 107, SB 39)κ
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 1 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,
κ2023 Statutes of Nevada, Page 530 (CHAPTER 107, SB 39)κ
without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.
4. If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic medium. Nothing in this subsection requires a governmental entity to provide a copy of a public record in an electronic format or by means of an electronic medium if:
(a) The public record:
(1) Was not created or prepared in an electronic format; and
(2) Is not available in an electronic format; or
(b) Providing the public record in an electronic format or by means of an electronic medium would:
(1) Give access to proprietary software; or
(2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.
5. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
Sec. 4. This act becomes effective upon passage and approval.
________
κ2023 Statutes of Nevada, Page 531κ
Senate Bill No. 59Committee on Growth and Infrastructure
CHAPTER 108
[Approved: May 31, 2023]
AN ACT relating to vessels; revising certain crimes relating to the operation of a vessel while under the influence of alcohol or a prohibited substance; revising certain terminology; clarifying that mechanically propelled personal hydrofoils, motorized surfboards and vessels equipped with both a sail and a motor are subject to certain requirements governing power-driven vessels; making certain provisions governing vessels applicable to governmental entities; requiring a sailing vessel to be numbered; revising certain class categories for vessels; revising provisions governing the removal of an abandoned vessel; revising the prohibition on operating a power-driven vessel under certain circumstances; authorizing a court to prohibit a person from operating any vessel on the interstate waters of this State under certain circumstances; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law defines the term motorboat to mean any vessel propelled by machinery. (NRS 488.035) Existing law: (1) requires, with certain exceptions, a motorboat to be numbered and titled; (2) establishes requirements for obtaining such a number or a certificate of ownership, transferring of the title of or any interest in a motorboat and perfecting security interest in a motorboat; and (3) establishes certain other requirements governing the equipment and operation of a motorboat. (NRS 488.065-488.1827, 488.187, 488.193, 488.195, 488.580, 488.585) Sections 8-10, 16-19, 22, 23, 37, 38 and 48 of this bill replace the term motorboat with the term power-driven vessel. Sections 8 and 22 also standardize terminology used to refer to sailing vessels and human-powered vessels. Section 8 specifically includes a mechanically propelled personal hydrofoil, a motorized surfboard and a vessel equipped with both a sail and a motor within the definition of power-driven vessel, thereby clarifying that such vessels are subject to requirements governing power-driven vessels. However, section 23 exempts a mechanically propelled personal hydrofoil or a motorized surfboard from the requirement that a power-driven vessel must be equipped with certain fire extinguishers. Section 8 also: (1) includes a governmental entity within the definition of person, thereby requiring a governmental entity to comply with certain provisions governing watercraft that currently apply to persons; and (2) defines certain other terms relating to watercraft.
Sections 25 and 26 of this bill remove duplicative terminology.
Sections 9, 11-16 and 20 of this bill require a sailing vessel to be numbered under similar conditions as currently apply to the numbering of power-driven vessels.
Section 8 includes within the definition of the term owner a person, other than secured party, who has a property right with regard to a human-powered vessel. Section 8 thus makes such a person responsible for the vessel for purposes including abandonment, operation and, in combination with sections 9, 11-16 and 20, numbering. (NRS 488.291, 488.293, 488.600) Section 21 of this bill expands the class categories prescribed by existing law for power-driven vessels to apply to all vessels.
Existing law: (1) prohibits a person, other than a peace officer engaged in law enforcement activities, from displaying a flashing blue light or a flashing red light on a vessel operating on the waters of this State; and (2) requires a peace officer to seize, or cause to be seized, such a light installed or operated on such a vessel. (NRS 488.187) Section 22 removes that requirement and instead authorizes a peace officer to seize, or cause to be seized, such a light.
κ2023 Statutes of Nevada, Page 532 (CHAPTER 108, SB 59)κ
officer to seize, or cause to be seized, such a light. Section 22 also authorizes a peace officer engaged in public safety activities that do not also constitute law enforcement activities to display a flashing blue light.
Existing federal law requires each vessel to be equipped with a certain number of life jackets and ring life buoys. (46 C.F.R. §§ 180.70, 180.71) Sections 23, 36 and 37 of this bill revise terminology used in existing law to conform more closely to terminology used in those federal regulations.
Existing law authorizes a game warden, sheriff or other peace officer to remove a vessel from a public waterway under certain conditions. (NRS 488.293) Section 24 of this bill additionally authorizes the game warden, sheriff or other peace officer to order the removal of such a vessel, thereby clarifying that such a peace officer is not required to personally remove the vessel. Section 24 also authorizes such a peace officer to remove or order the removal of a vessel that has been left unattended and adrift, moored, docked, beached, run aground, trailered or made fast to land in such a position as to interfere with navigation, in such a condition as to create a hazard or in a location owned or administered by a public entity.
Existing law prohibits a person from operating or being in actual physical control of a vessel under power or sail while the person meets certain criteria for being under the influence of alcohol or a prohibited substance. (NRS 488.410, 488.420) Existing law also provides that a person is guilty of homicide by vessel if the person: (1) meets certain criteria for being under the influence of alcohol or a prohibited substance; (2) operates or is in actual physical control of a vessel under power or sail; (3) proximately causes the death of another person; and (4) has previously been convicted of at least three offenses relating to the operation of a vessel under power or sail while under the influence of alcohol or a prohibited substance. (NRS 488.425) For the purposes of these crimes, sections 27-29 of this bill prohibit a person from operating or being in actual physical control of a power-driven vessel or sailing vessel under way when the person is under the influence of alcohol or a prohibited substance, regardless of the manner in which the vessel is actually propelled. Sections 1-4, 30-35 and 40-47 of this bill make conforming changes to provisions that refer to those offenses.
Existing federal law requires a person operating certain recreational vessels to use an engine cut-off switch, which stops the engine of the vessel if activated, under certain circumstances. (46 U.S.C. § 4312) Existing law prohibits a person who owns or controls a power-driven vessel that is equipped with an engine cut-off switch from operating or authorizing another person to operate the power-driven vessel above certain speeds if: (1) the engine cut-off switch is missing, disconnected or not operating properly; or (2) the engine-cut off switch link is not attached to his or her body, clothing or personal flotation device. (NRS 488.585) Section 38: (1) requires a person who operates a recreational power-driven vessel covered by federal law to use the engine-cut off switch link when the vessel is on plane or above displacement speed; and (2) prohibits the operation of such a vessel that is equipped with an engine cut-off switch unless the engine cut-off switch link is attached to the body, clothing or properly worn personal flotation device of the operator.
Existing law provides that any violation of a provision of state law governing the use of a watercraft is a misdemeanor unless otherwise stated. (NRS 488.950) Section 39 of this bill revises this penalty to instead provide that, except where otherwise stated, a person commits a misdemeanor if the person: (1) performs an act or attempts to perform an act prohibited by state law relating to the use of a watercraft; (2) willfully fails to perform an act required by state law relating to the use of a watercraft; or (3) violates an order issued or regulation adopted by the Board of Wildlife Commissioners pursuant to state law relating to the use of a watercraft.
If a person violates any provision of state law governing the use of a watercraft, existing law authorizes a court to prohibit the person from operating a power-driven vessel on the interstate waters of this State until the person successfully completes a course in safe boating. Section 39 also expands the authority of a court by authorizing the court to prohibit a person who commits such a violation from operating any vessel on the interstate waters of this State until the person completes such a course.
κ2023 Statutes of Nevada, Page 533 (CHAPTER 108, SB 59)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484A.774 is hereby amended to read as follows:
484A.774 1. Except as otherwise provided in subsection 2, after a person is arrested for the commission of a traffic violation pursuant to chapters 484A to 484E, inclusive, of NRS, there is a presumption that the person should be released on his or her own recognizance.
2. The presumption established in subsection 1 does not apply if:
(a) A person is arrested for:
(1) Reckless driving in violation of NRS 484B.653;
(2) Vehicular manslaughter in violation of NRS 484B.657; or
(3) Driving, operating or being in actual physical control of a vehicle , a power-driven vessel or a sailing vessel under [power or sail] way while under the influence of intoxicating liquor or a controlled substance in violation of NRS 484C.110, 484C.120 or 488.410, as applicable; or
(b) The court determines that a person is willfully refusing to satisfy any obligations imposed by the court, including, without limitation, willfully refusing to pay any amount owed or willfully refusing to perform community service.
Sec. 2. NRS 484A.780 is hereby amended to read as follows:
484A.780 1. Except as otherwise provided in subsection 2, and subject to the limitation imposed by NRS 484A.782, a grace period of not less than 30 calendar days must be provided to a person who has failed to appear in court or failed to pay any administrative assessment, fine or court fee imposed upon the person for a violation of any provision of chapters 484A to 484E, inclusive, of NRS before a warrant can be issued for such a failure to appear or failure to pay.
2. The provisions of subsection 1 do not apply if:
(a) The court determines that providing such a grace period would substantially jeopardize public safety;
(b) The person was issued a traffic citation for:
(1) Reckless driving in violation of NRS 484B.653;
(2) Vehicular manslaughter in violation of NRS 484B.657; or
(3) Driving, operating or being in actual physical control of a vehicle , a power-driven vessel or a sailing vessel under [power or sail] way while under the influence of intoxicating liquor or a controlled substance in violation of NRS 484C.110, 484C.120 or 488.410, as applicable; or
(c) During the immediately preceding 30 calendar days, the person was released from custody and given a date to return to court but failed to appear in court.
Sec. 3. NRS 484A.798 is hereby amended to read as follows:
484A.798 1. Notwithstanding any other provision of law, and except as otherwise provided in subsection 2, any conviction for a traffic violation pursuant to chapters 484A to 484E, inclusive, of NRS is not a criminal conviction for the purpose of applying for employment, a professional license or any educational opportunity.
2. The provisions of subsection 1 do not apply if a person is convicted of:
κ2023 Statutes of Nevada, Page 534 (CHAPTER 108, SB 59)κ
(a) Reckless driving in violation of NRS 484B.653;
(b) Vehicular manslaughter in violation of NRS 484B.657; or
(c) Driving, operating or being in actual physical control of a vehicle , a power-driven vessel or a sailing vessel under [power or sail] way while under the influence of intoxicating liquor or a controlled substance in violation of NRS 484C.110, 484C.120 or 488.410, as applicable.
Sec. 4. NRS 484C.360 is hereby amended to read as follows:
484C.360 1. When a program of treatment is ordered pursuant to NRS 484C.340 or subsection 1 of NRS 484C.400, the court shall place the offender under the clinical supervision of a treatment provider for treatment in accordance with the report submitted to the court pursuant to NRS 484C.340 or subsection 3, 4, 5 or 6 of NRS 484C.350, as appropriate. The court shall:
(a) Order the offender to be placed under the supervision of a treatment provider, then release the offender for supervised aftercare in the community; or
(b) Release the offender for treatment in the community,
Κ for the period of supervision ordered by the court.
2. The court shall:
(a) Require the treatment provider to submit monthly progress reports on the treatment of an offender pursuant to this section; and
(b) Order the offender, to the extent of his or her financial resources, to pay any charges for treatment pursuant to this section. If the offender does not have the financial resources to pay all those charges, the court shall, to the extent possible, arrange for the offender to obtain the treatment from a treatment provider that receives a sufficient amount of federal or state money to offset the remainder of the charges.
3. A treatment provider is not liable for any damages to person or property caused by a person who:
(a) Drives, operates or is in actual physical control of a vehicle , a power-driven vessel or a sailing vessel under [power or sail] way while under the influence of intoxicating liquor or a controlled substance; or
(b) Engages in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425 or a law of any other jurisdiction that prohibits the same or similar conduct,
Κ after the treatment provider has certified that the offender has successfully completed a program of treatment ordered pursuant to NRS 484C.340 or subsection 1 of NRS 484C.400.
Secs. 5-7. (Deleted by amendment.)
Sec. 8. NRS 488.035 is hereby amended to read as follows:
488.035 As used in this chapter, unless the context otherwise requires:
1. Aquatic invasive species means an aquatic species which is exotic or not native to this State and which the Commission has determined to be detrimental to aquatic life, water resources or infrastructure for providing water in this State.
2. Aquatic plant material means aquatic plants or parts of plants that are dependent on an aquatic environment to survive.
3. Commission means the Board of Wildlife Commissioners.
κ2023 Statutes of Nevada, Page 535 (CHAPTER 108, SB 59)κ
4. Conveyance means a motor vehicle, trailer or any other equipment used to transport a vessel or containers or devices used to haul water on a vessel that may contain or carry an aquatic invasive species or aquatic plant material.
5. Decontaminate means eliminate any aquatic invasive species on a vessel or conveyance in a manner specified by the Commission which may include, without limitation, washing the vessel or conveyance, draining the water in the vessel or conveyance, drying the vessel or conveyance or chemically, thermally or otherwise treating the vessel or conveyance.
6. Department means the Department of Wildlife.
7. Flat wake means the condition of the water close astern a moving vessel that results in a flat wave disturbance.
8. Hull identification number means the number assigned to a vessel pursuant to 33 C.F.R. Part 181, Subpart C.
9. Human-powered vessel means a vessel propelled by human power.
10. Interstate waters of this State means waters forming the boundary between the State of Nevada and an adjoining state.
[9.] 11. Legal owner means a secured party under a security agreement relating to a vessel or a renter or lessor of a vessel to the State or any political subdivision of the State under a lease or an agreement to lease and sell or to rent and purchase which grants possession of the vessel to the lessee for a period of 30 consecutive days or more.
[10. Motorboat means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion.]
12. Mechanically propelled personal hydrofoil means a power-driven vessel that consists of a board fitted with a mast extending below the board that is attached to a fuselage with a forward wing, rear stabilizer and electric motor or internal combustion engine.
13. Motorized surfboard means a power-driven vessel that consists of a board using a surfboard-type design fitted with either an electric motor or internal combustion engine.
[11.] 14. Operate means to navigate or otherwise use a [motorboat or a] vessel.
[12.] 15. Owner means:
(a) A person having all the incidents of ownership, including the legal title of a vessel, whether or not he or she lends, rents or pledges the vessel; [and]
(b) A debtor under a security agreement relating to a vessel [.] ; or
(c) A person, other than a secured party, who has a property right with regard to a human-powered vessel, including, without limitation, a person entitled to use or possess a human-powered vessel subject to a security interest of another person.
Κ Owner does not include a person defined as a legal owner under subsection [9.] 11 or a person who is leasing a vessel where the vessel is not a security interest under the lease.
16. Person has the meaning ascribed to it in NRS 0.039 and includes, without limitation, a governmental entity.
[13.] 17. Power-driven vessel means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion. The term includes, without limitation:
κ2023 Statutes of Nevada, Page 536 (CHAPTER 108, SB 59)κ
(a) A mechanically propelled personal hydrofoil;
(b) A motorized surfboard; and
(c) A vessel equipped with both a sail and a motor.
18. Prohibited substance has the meaning ascribed to it in NRS 484C.080.
[14.] 19. Registered owner means the person registered by the Department as the owner of a vessel.
20. Sailing vessel means a vessel that is propelled by wind power and is not equipped with a motor.
[15.] 21. State hull number means a hull number issued for a vessel by the Department that meets the requirements prescribed by the United States Coast Guard, including, without limitation, 33 C.F.R. § 174.16 and 33 C.F.R. Part 181, Subpart C.
22. State of principal operation means the state in whose waters a vessel is or will be operated most during a calendar year.
[16.] 23. Under the influence means impaired to a degree that renders a person incapable of safely operating or exercising actual physical control of a vessel.
[17.] 24. A vessel is under way if it is adrift, making way or being propelled, and is not aground, made fast to the shore, or tied or made fast to a dock or mooring.
[18.] 25. Vessel means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.
[19.] 26. Waters of this State means any waters within the territorial limits of this State.
Sec. 9. NRS 488.065 is hereby amended to read as follows:
488.065 1. Every [motorboat on the waters of] power-driven vessel for which this State is the principal state of operation must be numbered and titled, except as otherwise provided in subsection [4] 5 and NRS 488.175.
2. Upon receipt of an original application for a certificate of ownership or for transfer of a certificate of ownership on an undocumented [motorboat,] power-driven vessel, the Department shall assign an appropriate state hull number to the [motorboat] power-driven vessel whenever there is no builders hull identification number thereon, when the builders hull identification number has been destroyed or obliterated, or if the builders hull identification number does not meet the requirements prescribed by the United States Coast Guard. The state hull number must be permanently marked on an integral part of the hull which is accessible for inspection.
3. A person shall not operate or give permission for the operation of any [motorboat] vessel on the waters of this state unless:
(a) The [motorboat] vessel is numbered in accordance with the provisions of this chapter or with the federally approved numbering system of another state;
(b) The certificate of number awarded to the [motorboat] vessel is in effect; and
(c) The identifying number set forth in the certificate of number is displayed on each side of the bow of the [motorboat; and
(d)] vessel in the manner set forth in 33 C.F.R. Part 173.
κ2023 Statutes of Nevada, Page 537 (CHAPTER 108, SB 59)κ
4. A person shall not operate or give permission for the operation of any power-driven vessel on the waters of this State unless a valid certificate of ownership has been issued to the owner of [any motorboat required to be numbered under this chapter.
4.] the power-driven vessel.
5. Any person who purchases or otherwise owns a [motorboat] power-driven vessel before January 1, 1972, is not required to obtain title for the [motorboat] power-driven vessel until the person transfers any portion of his or her ownership in the [motorboat] power-driven vessel to another person.
Sec. 10. NRS 488.075 is hereby amended to read as follows:
488.075 1. The owner of each [motorboat] power-driven vessel requiring numbering by this State shall file an application for a number and for a certificate of ownership with the Department on forms approved by it accompanied by:
(a) Proof of payment of Nevada sales or use tax as evidenced by proof of sale by a Nevada dealer or by a certificate of use tax paid issued by the Department of Taxation, or by proof of exemption from those taxes as provided in NRS 372.320.
(b) Such evidence of ownership as the Department may require.
Κ The Department shall not issue a number, a certificate of number or a certificate of ownership until this evidence is presented to it.
2. The application must be signed by the owner of the [motorboat] power-driven vessel and must be accompanied by:
(a) A fee of $20 for the certificate of ownership; and
(b) Except as otherwise provided in subsection 2 of NRS 488.125, an annual fee according to the following schedule as determined by the straight line length which is measured from the tip of the bow to the back of the transom of the [motorboat:] power-driven vessel:
Less than 13 feet....................................................................................... $20
13 feet or more but less than 18 feet........................................................ 25
18 feet or more but less than 22 feet........................................................ 40
22 feet or more but less than 26 feet........................................................ 55
26 feet or more but less than 31 feet........................................................ 75
31 feet or more ......................................................................................... 100
Except as otherwise provided in this subsection, all fees received by the Department under the provisions of this chapter must be deposited in the Wildlife Account in the State General Fund and, except as otherwise provided in NRS 488.536, may be expended only for the administration and enforcement of the provisions of this chapter. On or before December 31 of each year, the Department shall deposit with the State Education Fund 50 percent of each fee collected according to the [motorboats] length of the power-driven vessel for every [motorboat] power-driven vessel registered. Upon receipt of the application in approved form, the Department shall enter the application upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the [motorboat,] power-driven vessel, a certificate of ownership stating the same information and the name and address of the registered owner and the legal owner.
3. The Commission shall adopt regulations providing for the renewal of a certificate of number by the purchase of a validation decal. The fee for a validation decal is determined by the straight line length of the [motorboat] power-driven vessel and is equivalent to the fee set forth in the schedule provided in paragraph (b) of subsection 2.
κ2023 Statutes of Nevada, Page 538 (CHAPTER 108, SB 59)κ
power-driven vessel and is equivalent to the fee set forth in the schedule provided in paragraph (b) of subsection 2. The amount of the fee for issuing a duplicate validation decal is $20.
4. The owner shall paint on or attach to each side of the bow of the [motorboat] power-driven vessel the identification number in such manner as may be prescribed by regulations of the Commission in order that the number may be clearly visible. The number must be maintained in legible condition.
5. The certificate of number must be available at all times for inspection on the [motorboat] power-driven vessel for which issued, whenever the [motorboat] power-driven vessel is in operation.
6. The Commission shall provide by regulation for the issuance of numbers to manufacturers and dealers which may be used interchangeably upon [motorboats] power-driven vessels operated by the manufacturers and dealers in connection with the demonstration, sale or exchange of those [motorboats.] power-driven vessels. The amount of the fee for each such a number is $20.
Sec. 11. NRS 488.085 is hereby amended to read as follows:
488.085 The owner of any [motorboat] vessel already covered by a number in effect which has been awarded to it pursuant to a federally approved numbering system of another state must record the number before operating the [motorboat] vessel on the waters of this State. The recordation must be in the manner and pursuant to the procedure required for the award of a number under NRS 488.075, but no additional or substitute number may be issued.
Sec. 12. NRS 488.105 is hereby amended to read as follows:
488.105 If an agency of the United States Government has in force an overall system of identification numbering for [motorboats] vessels within the United States, the numbering system employed pursuant to the provisions of this chapter by the Department must be in conformity therewith.
Sec. 13. NRS 488.125 is hereby amended to read as follows:
488.125 1. Every certificate of number awarded pursuant to the provisions of this chapter shall continue in full force and effect for a period of 1 year, or 2 years if allowed by regulations adopted by the Commission, unless sooner terminated or discontinued in accordance with the provisions of this chapter.
2. The fee for the issuance or renewal of a certificate of number for 2 years, if allowed, is an amount which is equal to twice the annual fee for the [motorboat] vessel set forth in paragraph (b) of subsection 2 of NRS 488.075.
3. Certificates of number may be renewed by the owner in accordance with regulations adopted pursuant to subsection 3 of NRS 488.075.
Sec. 14. NRS 488.145 is hereby amended to read as follows:
488.145 1. The owner shall furnish the Department notice of the destruction or abandonment of any [motorboat] vessel numbered under this chapter, within 10 days thereof.
2. Such destruction or abandonment terminates the certificate of number for the [motorboat.] vessel.
Sec. 15. NRS 488.165 is hereby amended to read as follows:
488.165 No number or decal other than the number or decal awarded to a [motorboat] vessel or granted reciprocity pursuant to the provisions of this chapter may be painted, attached or otherwise displayed on either side of the bow of such [motorboat.]
κ2023 Statutes of Nevada, Page 539 (CHAPTER 108, SB 59)κ
bow of such [motorboat.] vessel. Only the current decal may be displayed or otherwise attached on either side of the bow of such [motorboat.] vessel.
Sec. 16. NRS 488.175 is hereby amended to read as follows:
488.175 1. Except as otherwise provided in this section, a [motorboat] vessel need not be numbered pursuant to the provisions of this chapter if it is:
(a) Already covered by a number in effect which has been awarded or issued to it pursuant to a federally approved numbering system of another state.
(b) A [motorboat] vessel from a country other than the United States temporarily using the waters of this State.
(c) A public vessel of the United States, a state or a political subdivision of a state.
(d) A ships lifeboat.
(e) A [motorboat] vessel belonging to a class of [boats] vessels which has been exempted from numbering by the Department after the Department has found:
(1) That the numbering of [motorboats] vessels of that class will not materially aid in their identification; and
(2) If an agency of the Federal Government has a numbering system applicable to the class of [motorboats] vessels to which the [motorboat] vessel in question belongs, that the [motorboat] vessel would also be exempt from numbering if it were subject to the federal law.
2. If the owner or operator of a [motorboat] vessel which is not numbered in this State is a resident of another state, and if this State is or will be the state of principal operation of the [motorboat] vessel during a calendar year, the [motorboat] vessel must be numbered and a certificate of number issued for the [motorboat] vessel pursuant to this chapter. [As used in this subsection, state of principal operation means a state in whose waters a motorboat is primarily operated during a calendar year.]
3. The Department may, by regulation, provide for the issuance of exempt numbers for [motorboats] vessels not required to be registered under the provisions of this chapter.
4. A [motorboat] power-driven vessel need not be titled pursuant to the provisions of this chapter, if it is:
(a) Covered by a certificate of ownership which has been awarded or issued to it pursuant to the title system of another state; or
(b) Documented pursuant to 46 U.S.C. §§ 12101 et seq.
Sec. 17. NRS 488.1793 is hereby amended to read as follows:
488.1793 Except as otherwise provided for the creation or transfer of a security interest or the transfer on death of a certificate of ownership pursuant to NRS 488.1794, no transfer of title to or any interest in any [motorboat] power-driven vessel required to be numbered under this chapter is effective until one of the following conditions is fulfilled:
1. The transferor has properly endorsed and delivered the certificate of ownership and has delivered the certificate of number to the transferee as provided in this chapter, and the transferee has, within the prescribed time, delivered the documents to the Department or placed them in the United States mail addressed to the Department with the transfer fee.
2. The transferor has delivered to the Department or placed in the United States mail addressed to the Department the appropriate documents for the transfer of ownership pursuant to the sale or transfer.
κ2023 Statutes of Nevada, Page 540 (CHAPTER 108, SB 59)κ
Sec. 18. NRS 488.1795 is hereby amended to read as follows:
488.1795 Upon receipt of a properly endorsed certificate of ownership and the certificate of number of any [motorboat,] power-driven vessel, the transferee shall within 10 days file the certificates, accompanied by a fee of $20, with the Department and thereby make application for a new certificate of ownership and , when required, a new certificate of number.
Sec. 19. NRS 488.1813 is hereby amended to read as follows:
488.1813 1. If a certificate of ownership is lost, stolen, damaged or mutilated, an application for transfer may be made upon a form provided by the Department for a duplicate certificate of ownership. The transferor shall write his or her signature and address in the appropriate spaces provided upon the application and file it together with the proper fees for a duplicate certificate of ownership and transfer.
2. The Department may receive the application and examine into the circumstances of the case and may require an inspection of the power-driven vessel and the filing of affidavits or other information. When the Department is satisfied that the applicant is entitled to a transfer of ownership, the Department may transfer the ownership of the [motorboat] power-driven vessel and issue a new certificate of ownership and certificate of number to the person found to be entitled thereto.
Sec. 20. NRS 488.1827 is hereby amended to read as follows:
488.1827 The Department may suspend or revoke any certificate of ownership, certificate of number or number of any [motorboat] vessel if it is satisfied that any such certificate or number was fraudulently obtained, or that the appropriate fee was not paid.
Sec. 21. NRS 488.185 is hereby amended to read as follows:
488.185 [Motorboats] Vessels subject to the provisions of this chapter shall be divided into four classes as follows:
Class A. Less than 16 feet in length.
Class 1. Sixteen feet or over and less than 26 feet in length.
Class 2. Twenty-six feet or over and less than 40 feet in length.
Class 3. Forty feet or over.
Sec. 22. NRS 488.187 is hereby amended to read as follows:
488.187 1. Every [motorboat] power-driven vessel or sailing vessel in all weathers from sunset to sunrise, as established by the Nautical Almanac Office, United States Naval Observatory, Washington, D.C., must carry and exhibit the following lights when underway, and during that time other lights which may be mistaken for those prescribed must not be exhibited:
(a) Every [motorboat] power-driven vessel of classes A and 1 must carry the following lights:
(1) A bright white light aft to show all around the horizon.
(2) A combined lantern in the forepart of the power-driven vessel and lower than the white light aft, showing green to starboard and red to port, so fixed as to throw the light from right ahead to 2 points abaft the beam on their respective sides.
(b) Every [motorboat] power-driven vessel of classes 2 and 3 must carry the following lights:
(1) A bright white light in the forepart of the power-driven vessel as near the stem as practicable, so constructed as to show an unbroken light over an arc of the horizon of 20 points of the compass, so fixed as to throw the light 10 points on each side of the power-driven vessel, from right ahead to 2 points abaft the beam on either side.
κ2023 Statutes of Nevada, Page 541 (CHAPTER 108, SB 59)κ
throw the light 10 points on each side of the power-driven vessel, from right ahead to 2 points abaft the beam on either side.
(2) A bright white light aft to show 12 points.
(3) On the starboard side a green light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from right ahead to 2 points abaft the beam on the starboard side. On the port side a red light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from right ahead to 2 points abaft the beam on the port side. The side lights must be fitted with inboard screens of sufficient height so set as to prevent these lights from being seen across the bow.
(c) [Vessels] Sailing vessels of classes A and 1 [when propelled by sail alone] must carry the combined lantern in the forepart of the sailing vessel and a white 12-point stern light. [Vessels] Sailing vessels of classes 2 and 3 [, when so propelled,] must carry the colored side lights, fitted so as to prevent these lights from being seen across the bow and a white 12-point stern light.
2. Every white light prescribed by this section must be visible at a distance of at least 2 miles. Every colored light prescribed by this section must be visible at a distance of at least 1 mile. As used in this subsection, visible means visible on a dark night with clear atmosphere.
3. [When propelled by sail and machinery a vessel must carry the lights required by this section for a motorboat propelled by machinery only.
4. Manually propelled] Human-powered vessels [of classes A and 1] must have ready at hand an electric torch or lighted lantern showing a white light which must be exhibited in sufficient time to prevent a collision.
[5.] 4. Any vessel may carry and exhibit the lights required by the Inland Navigational Rules, [34 U.S.C. §§ 2001 et seq.,] 33 C.F.R. Part 83, in lieu of the lights required by this section.
[6.] 5. Except for vessels anchored or moored in an area designated by the Commission as an anchoring or mooring area pursuant to the provisions of NRS 488.265, every vessel, [whether propelled by sail or machinery,] when anchored or moored between sunset and sunrise where other vessels may navigate , must display a white light clearly visible in all directions.
[7.] 6. Except as otherwise provided in this subsection, it is unlawful for a person to display a flashing blue light or a flashing red light on a vessel operating on the waters of this state. A vessel of the United States, this state or its political subdivisions or a bordering state under interstate compact may display a flashing blue light when operated by a peace officer engaged in law enforcement or public safety activities. A peace officer [shall] may seize, or cause to be seized, a flashing red or blue light installed or operated in violation of this subsection.
Sec. 23. NRS 488.193 is hereby amended to read as follows:
488.193 1. Except for a contrivance, propelled by a sail, whose occupant must stand erect, every vessel must carry at least one [personal flotation device] life jacket of [a] an appropriate size and type for the person for whom it is intended that has been approved by the United States Coast Guard and meets any requirements prescribed by the regulations of the Commission for each person on board and any person in a vessel being towed, so placed as to be readily accessible for use in an emergency. Every vessel carrying passengers for hire must carry so placed as to be readily accessible for use in an emergency at least one [personal flotation device] life jacket of the sort prescribed by this subsection and the regulations of the Commission for each person on board.
κ2023 Statutes of Nevada, Page 542 (CHAPTER 108, SB 59)κ
life jacket of the sort prescribed by this subsection and the regulations of the Commission for each person on board. A [personal flotation device] life jacket required by this subsection is readily accessible for use in an emergency if:
(a) It is being worn; or
(b) It is stowed where it is quickly reachable and is:
(1) Ready to wear;
(2) Out of its original packaging; and
(3) Not under lock and key.
2. In addition to the requirements set forth in subsection 1, unless exempted by the United States Coast Guard or the regulations of the Commission:
(a) Every vessel which is 16 feet or more in length but less than 26 feet in length, regardless of its method of propulsion, must carry, so placed as to be readily accessible for use in an emergency, a [type IV] throwable personal flotation device approved by the United States Coast Guard , [which is capable of being thrown,] such as a ring life buoy or buoyant cushion. A [type IV] throwable personal flotation device required by this paragraph is readily accessible for use in an emergency if it is stowed in close proximity to the operator of the vessel and in a position to be thrown to a person overboard by either the operator or a passenger.
(b) Except as otherwise provided in this paragraph, every vessel which is 26 feet or more in length, regardless of its method of propulsion, must carry, so placed as to be readily accessible for use in an emergency, a [type IV] throwable personal flotation device approved by the United States Coast Guard , [which is capable of being thrown,] such as a ring life buoy or buoyant cushion . [, with not less than 30 feet of throwing line attached.] If the vessel is 40 feet or more in length, such a [type IV] throwable personal flotation device must be carried on both the fore and the aft of the vessel. A [type IV] throwable personal flotation device required by this paragraph is readily accessible for use in an emergency if it is prominently displayed on a bulkhead, railing or gunwale, and in a position to be thrown to a person overboard by either the operator or a passenger.
3. Every [motorboat] power-driven vessel, except a mechanically propelled personal hydrofoil or a motorized surfboard, must be provided with such number, size and type of fire extinguishers, capable of promptly and effectually extinguishing burning gasoline, as may be prescribed by the regulations of the Commission. The fire extinguishers must be of a marine type which has been approved by the United States Coast Guard and kept in condition for immediate and effective use and so placed as to be readily accessible.
4. Every [motorboat] power-driven vessel must have the carburetor of every engine therein, except outboard motors, using gasoline as fuel, equipped with such efficient flame arrestor, backfire trap or other similar device as may be prescribed by the regulations of the Commission.
5. Every [motorboat and every] vessel, except open boats, using as fuel any liquid of a volatile nature, must be provided with such means as may be prescribed by the regulations of the Commission for properly and efficiently ventilating the bilges of the engine and compartments for tanks of fuel to remove any explosive or flammable gases.
6. The Commission may adopt regulations modifying the requirements for equipment contained in this section to the extent necessary to keep these requirements in conformity with the provisions of the Federal Navigation Laws or with the rules for navigation adopted by the United States Coast Guard.
κ2023 Statutes of Nevada, Page 543 (CHAPTER 108, SB 59)κ
requirements in conformity with the provisions of the Federal Navigation Laws or with the rules for navigation adopted by the United States Coast Guard.
Sec. 24. NRS 488.291 is hereby amended to read as follows:
488.291 1. A person shall not abandon a vessel upon a public waterway or public or private property without the consent of the owner or person in lawful possession or control of the property.
2. The abandonment of any vessel in a manner prohibited by subsection 1 is prima facie evidence that the last registered owner of record, unless the registered owner has notified the Department or other appropriate agency of his or her relinquishment of title or interest therein, is responsible for the abandonment. The person so responsible is liable for the cost of removal and disposition of the vessel.
3. A game warden, sheriff or other peace officer of this state may remove or order the removal of a vessel from a public waterway when:
(a) The vessel is left unattended and is adrift, moored, docked, beached , run aground, trailered or made fast to land in [such a position] :
(1) Such a position as to interfere with navigation ; [or in such a condition]
(2) Such a condition as to create a hazard to other vessels using the waterway, to public safety or to the property of another [.] ; or
(3) A location owned or administered by a public entity.
(b) The vessel is found upon a waterway and a report has previously been made that the vessel has been stolen or embezzled.
(c) The person in charge of the vessel is by reason of physical injuries or illness incapacitated to such an extent as to be unable to provide for its custody or removal.
(d) An officer arrests a person operating or in control of the vessel for an alleged offense, and the officer is required or permitted to take, and does take, the person arrested before a magistrate without unnecessary delay.
(e) The vessel seriously interferes with navigation or otherwise poses a critical and immediate danger to navigation or to the public health, safety or welfare.
Sec. 25. NRS 488.305 is hereby amended to read as follows:
488.305 1. The Department may authorize the holding of regattas, [motorboat or other boat] vessel races, marine parades, tournaments or exhibitions on any waters of this state. The Commission shall adopt regulations concerning the safety of [motorboats and other] vessels and persons thereon, either observers or participants.
2. At least 30 days before a regatta, [motorboat or other boat] vessel race, marine parade, tournament or exhibition is proposed to be held, the person in charge thereof must file an application with the Department for permission to hold the regatta, [motorboat or other boat] vessel race, marine parade, tournament or exhibition. No such event may be conducted without the written authorization of the Department.
3. The Director of the Department may require an applicant, or the sponsor of the event, as a condition of the approval of a regatta, [motorboat or other boat] vessel race, marine parade, tournament or exhibition, to enter into an agreement to reimburse the Department for expenses incurred by the Department to ensure that the event is conducted safely, including, without limitation, expenses for equipment used, expenses for personnel and general operating expenses.
κ2023 Statutes of Nevada, Page 544 (CHAPTER 108, SB 59)κ
4. The application must set forth the date, time and location where it is proposed to hold the regatta, [motorboat or other boat] vessel race, marine parade, tournament or exhibition, the type of vessels participating, the number and kind of navigational aids required and the name of a person who will be present at the event to ensure that the conditions of the permit are satisfied.
5. The provisions of this section do not exempt any person from compliance with applicable federal law or regulation.
Sec. 26. NRS 488.400 is hereby amended to read as follows:
488.400 1. A person shall not operate any [motorboat or] vessel, or manipulate any water skis, surfboard or similar device in a reckless or negligent manner so as to endanger the life or property of any person.
2. A person shall not operate any [motorboat or] vessel, or manipulate any water skis, surfboard or similar device while intoxicated or under the influence of any controlled substance, unless in accordance with a lawfully issued prescription.
Sec. 27. NRS 488.410 is hereby amended to read as follows:
488.410 1. It is unlawful for any person who:
(a) Is under the influence of intoxicating liquor;
(b) Has a concentration of alcohol of 0.08 or more in his or her blood or breath; or
(c) Is found by measurement within 2 hours after operating or being in actual physical control of a power-driven vessel or sailing vessel under way to have a concentration of alcohol of 0.08 or more in his or her blood or breath,
Κ to operate or be in actual physical control of a power-driven vessel or sailing vessel under [power or sail] way on the waters of this State.
2. It is unlawful for any person who:
(a) Is under the influence of a controlled substance;
(b) Is under the combined influence of intoxicating liquor and a controlled substance; or
(c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely operating or exercising actual physical control of a power-driven vessel or sailing vessel under [power or sail,] way,
Κ to operate or be in actual physical control of a power-driven vessel or sailing vessel under [power or sail] way on the waters of this State.
3. It is unlawful for any person to operate or be in actual physical control of a power-driven vessel or sailing vessel under [power or sail] way on the waters of this State with an amount of any of the following prohibited substances in his or her blood or urine that is equal to or greater than:
Urine Blood
Nanograms per Nanograms per
Prohibited substance milliliter milliliter
(a) Amphetamine 500 100
(b) Cocaine 150 50
(c) Cocaine metabolite 150 50
(d) Heroin 2,000 50
κ2023 Statutes of Nevada, Page 545 (CHAPTER 108, SB 59)κ
Urine Blood
Nanograms per Nanograms per
Prohibited substance milliliter milliliter
(e) Heroin metabolite:
(1) Morphine 2,000 50
(2) 6-monoacetyl morphine 10 10
(f) Lysergic acid diethylamide 25 10
(g) Methamphetamine 500 100
(h) Phencyclidine 25 10
4. For any violation that is punishable pursuant to NRS 488.427, it is unlawful for any person to operate or be in actual physical control of a power-driven vessel or sailing vessel under [power or sail] way on the waters of this State with an amount of any of the following prohibited substances in his or her blood that is equal to or greater than:
Blood
Nanograms per
Prohibited substance milliliter
(a) Marijuana (delta-9-tetrahydrocannabinol) 2
(b) Marijuana metabolite (11-OH-tetrahydrocannabinol) 5
5. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the power-driven vessel or sailing vessel, as applicable, under way and before his or her blood was tested, to cause the defendant to have a concentration of 0.08 or more of alcohol in his or her blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
6. Except as otherwise provided in NRS 488.427, a person who violates the provisions of this section is guilty of a misdemeanor.
Sec. 28. NRS 488.420 is hereby amended to read as follows:
488.420 1. Unless a greater penalty is provided pursuant to NRS 488.425, a person who:
(a) Is under the influence of intoxicating liquor;
(b) Has a concentration of alcohol of 0.08 or more in his or her blood or breath;
(c) Is found by measurement within 2 hours after operating or being in actual physical control of a power-driven vessel or sailing vessel under [power or sail] way to have a concentration of alcohol of 0.08 or more in his or her blood or breath;
(d) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;
κ2023 Statutes of Nevada, Page 546 (CHAPTER 108, SB 59)κ
(e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely operating or being in actual physical control of a power-driven vessel or sailing vessel under [power or sail;] way; or
(f) Has a prohibited substance in his or her blood or urine, as applicable, in an amount that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 488.410,
Κ and does any act or neglects any duty imposed by law while operating or being in actual physical control of any power-driven vessel or sailing vessel under [power or sail,] way, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, another person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and shall be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.
2. A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the prosecuting attorney knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 must not be suspended, and probation must not be granted.
3. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the power-driven vessel or sailing vessel [under power or sail,] , as applicable, under way and before his or her blood was tested, to cause the defendant to have a concentration of alcohol of 0.08 or more in his or her blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
4. If a person less than 15 years of age was in the vessel at the time of the defendants violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.
Sec. 29. NRS 488.425 is hereby amended to read as follows:
488.425 1. A person commits homicide by vessel if the person:
(a) Operates or is in actual physical control of a power-driven vessel or sailing vessel under [power or sail] way on the waters of this State and:
(1) Is under the influence of intoxicating liquor;
(2) Has a concentration of alcohol of 0.08 or more in his or her blood or breath;
(3) Is found by measurement within 2 hours after operating or being in actual physical control of a power-driven vessel or sailing vessel under [power or sail] way to have a concentration of alcohol of 0.08 or more in his or her blood or breath;
(4) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;
κ2023 Statutes of Nevada, Page 547 (CHAPTER 108, SB 59)κ
(5) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely operating or exercising actual physical control of a power-driven vessel or sailing vessel under [power or sail;] way; or
(6) Has a prohibited substance in his or her blood or urine, as applicable, in an amount that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 488.410;
(b) Proximately causes the death of another person while operating or in actual physical control of a power-driven vessel or sailing vessel under [power or sail;] way; and
(c) Has previously been convicted of at least three offenses.
2. A person who commits homicide by vessel is guilty of a category A felony and shall be punished by imprisonment in the state prison:
(a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
(b) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.
3. A person imprisoned pursuant to subsection 2 must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.
4. A prosecuting attorney shall not dismiss a charge of homicide by vessel in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the prosecuting attorney knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 2 may not be suspended nor may probation be granted.
5. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under subparagraph (3) of paragraph (a) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the power-driven vessel or sailing vessel, as applicable, under way and before his or her blood or breath was tested, to cause the defendant to have a concentration of alcohol of 0.08 or more in his or her blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
6. If the defendant was transporting a person who is less than 15 years of age in the power-driven vessel or sailing vessel , as applicable, under way at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.
7. As used in this section, offense means:
(a) A violation of NRS 488.410 or 488.420;
(b) A homicide resulting from operating or being in actual physical control of a power-driven vessel or sailing vessel under way while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by this section or NRS 488.410 or 488.420; or
(c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b).
κ2023 Statutes of Nevada, Page 548 (CHAPTER 108, SB 59)κ
Sec. 30. NRS 488.450 is hereby amended to read as follows:
488.450 1. Any person who operates or is in actual physical control of a power-driven vessel or sailing vessel under [power or sail] way on the waters of this State shall be deemed to have given consent to a preliminary test of his or her breath to determine the concentration of alcohol in his or her breath when the test is administered at the request of a peace officer after a power-driven vessel or sailing vessel accident or collision while under way or where an officer stops a power-driven vessel or sailing vessel [,] under way, if the officer has reasonable grounds to believe that the person to be tested was:
(a) Operating or in actual physical control of a power-driven vessel or sailing vessel under [power or sail] way while under the influence of intoxicating liquor or a controlled substance; or
(b) Engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425.
2. If the person fails to submit to the test, the officer shall, if reasonable grounds otherwise exist, arrest the person and take him or her to a convenient place for the administration of a reasonably available evidentiary test under NRS 488.460.
3. The result of the preliminary test must not be used in any criminal action, except to show there were reasonable grounds to make an arrest.
Sec. 31. NRS 488.460 is hereby amended to read as follows:
488.460 1. Except as otherwise provided in subsections 3 and 4, a person who operates or is in actual physical control of a power-driven vessel or sailing vessel under [power or sail] way on the waters of this State shall be deemed to have given consent to an evidentiary test of his or her blood, urine, breath or other bodily substance to determine the concentration of alcohol in his or her blood or breath or to determine whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present, if such a test is administered at the request of a peace officer having reasonable grounds to believe that the person to be tested was:
(a) Operating or in actual physical control of a power-driven vessel or sailing vessel under [power or sail] way while under the influence of intoxicating liquor or a controlled substance or with a prohibited substance in his or her blood or urine; or
(b) Engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425.
2. If the person to be tested pursuant to subsection 1 is dead or unconscious, the officer shall direct that samples of blood from the person be tested.
3. Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section, but must, when appropriate pursuant to the provisions of this section, be required to submit to a breath or urine test.
4. If the concentration of alcohol of the blood or breath of the person to be tested is in issue:
(a) Except as otherwise provided in this section, the person may refuse to submit to a blood test if means are reasonably available to perform a breath test.
κ2023 Statutes of Nevada, Page 549 (CHAPTER 108, SB 59)κ
(b) The person may request a blood test, but if means are reasonably available to perform a breath test when the blood test is requested, and the person is subsequently convicted, the person must pay for the cost of the blood test, including the fees and expenses of witnesses whose testimony in court is necessary because of the use of the blood test. The expenses of such a witness may be assessed at an hourly rate of not less than:
(1) Fifty dollars for travel to and from the place of the proceeding; and
(2) One hundred dollars for giving or waiting to give testimony.
(c) Except as otherwise provided in NRS 488.470, not more than three samples of the persons blood or breath may be taken during the 5-hour period immediately following the time of the initial arrest.
5. Except as otherwise provided in subsection 6, if the presence of a controlled substance, chemical, poison, organic solvent or another prohibited substance in the blood or urine of the person is in issue, the officer may request that the person submit to a blood or urine test, or both.
6. If the presence of marijuana in the blood of the person is in issue, the officer may request that the person submit to a blood test.
7. Except as otherwise provided in subsections 3 and 5, a peace officer shall not request that a person submit to a urine test.
8. If a person to be tested fails to submit to a required test as requested by a peace officer pursuant to this section and the officer has reasonable grounds to believe that the person to be tested was:
(a) Operating or in actual physical control of a power-driven vessel or sailing vessel under [power or sail] way while under the influence of intoxicating liquor or a controlled substance or with a prohibited substance in his or her blood or urine; or
(b) Engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425,
Κ the officer may apply for a warrant or court order directing that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested.
9. If a person who is less than 18 years of age is requested to submit to an evidentiary test pursuant to this section, the officer shall, before testing the person, make a reasonable attempt to notify the parent, guardian or custodian of the person, if known.
Sec. 32. NRS 488.480 is hereby amended to read as follows:
488.480 1. If a person refuses to submit to a required chemical test provided for in NRS 488.450 or 488.460, evidence of that refusal is admissible in any criminal action arising out of acts alleged to have been committed while the person was:
(a) Operating or in actual physical control of a power-driven vessel or sailing vessel under [power or sail] way while under the influence of intoxicating liquor or a controlled substance; or
(b) Engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425.
2. Except as otherwise provided in subsection 3 of NRS 488.450, a court may not exclude evidence of a required test or failure to submit to such a test if the peace officer or other person substantially complied with the provisions of NRS 488.450 to 488.500, inclusive.
κ2023 Statutes of Nevada, Page 550 (CHAPTER 108, SB 59)κ
3. If a person submits to a chemical test provided for in NRS 488.450 or 488.460, full information concerning that test must be made available, upon request, to the person or the persons attorney.
4. Evidence of a required test is not admissible in a criminal proceeding unless it is shown by documentary or other evidence that the device for testing breath was certified pursuant to NRS 484C.610 and was calibrated, maintained and operated as provided by the regulations of the Committee on Testing for Intoxication adopted pursuant to NRS 484C.620, 484C.630 or 484C.640.
5. If the device for testing breath has been certified by the Committee on Testing for Intoxication to be accurate and reliable pursuant to NRS 484C.610, it is presumed that, as designed and manufactured, the device is accurate and reliable for the purpose of testing a persons breath to determine the concentration of alcohol in the persons breath.
6. A court shall take judicial notice of the certification by the Director of a person to operate testing devices of one of the certified types. If a test to determine the amount of alcohol in a persons breath has been performed with a certified type of device by a person who is certified pursuant to NRS 484C.630 or 484C.640, it is presumed that the person operated the device properly.
7. This section does not preclude the admission of evidence of a test of a persons breath where the:
(a) Information is obtained through the use of a device other than one of a type certified by the Committee on Testing for Intoxication.
(b) Test has been performed by a person other than one who is certified by the Director.
8. As used in this section, Director means the Director of the Department of Public Safety.
Sec. 33. NRS 488.490 is hereby amended to read as follows:
488.490 1. A person who is arrested for operating or being in actual physical control of a power-driven vessel or sailing vessel under [power or sail] way while under the influence of intoxicating liquor or a controlled substance or for engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425 must be permitted, upon the persons request and at his or her expense, reasonable opportunity to have a qualified person of his or her own choosing administer a chemical test to determine:
(a) The concentration of alcohol in his or her blood or breath; or
(b) Whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present in his or her blood or urine.
2. The failure or inability to obtain such a test does not preclude the admission of evidence relating to the refusal to submit to a test or relating to a test taken upon the request of a peace officer.
3. A test obtained under the provisions of this section may not be substituted for or stand in lieu of the test required by NRS 488.460.
Sec. 34. NRS 488.500 is hereby amended to read as follows:
488.500 1. The results of any blood test administered under the provisions of NRS 488.460 or 488.490 are not admissible in any criminal action arising out of acts alleged to have been committed by a person who was operating or in actual physical control of a power-driven vessel or sailing vessel under [power or sail] way while under the influence of intoxicating liquor or a controlled substance or with a prohibited substance in his or her blood or urine or who was engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425 unless:
κ2023 Statutes of Nevada, Page 551 (CHAPTER 108, SB 59)κ
his or her blood or urine or who was engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425 unless:
(a) The blood tested was withdrawn by a person, other than an arresting officer, who:
(1) Is a physician, registered nurse, licensed practical nurse, advanced emergency medical technician, paramedic or a phlebotomist, technician, technologist or assistant employed in a medical laboratory; or
(2) Has special knowledge, skill, experience, training and education in withdrawing blood in a medically acceptable manner, including, without limitation, a person qualified as an expert on that subject in a court of competent jurisdiction or a person who has completed a course of instruction that qualifies him or her to take an examination in phlebotomy that is administered by the American Medical Technologists or the American Society for Clinical Pathology; and
(b) The test was performed on whole blood, except if the sample was clotted when it was received by the laboratory, the test may be performed on blood serum or plasma.
2. The limitation contained in paragraph (a) of subsection 1 does not apply to the taking of a chemical test of the urine, breath or other bodily substance.
3. No person listed in paragraph (a) of subsection 1 incurs any civil or criminal liability as a result of the administering of a blood test when requested by a peace officer or the person to be tested to administer the test.
Sec. 35. NRS 488.520 is hereby amended to read as follows:
488.520 1. Any coroner, or other public officer performing like duties, shall in all cases in which a death has occurred as a result of an accident involving a power-driven vessel or sailing vessel under [power or sail] way on the waters of this state, whether the person killed is the operator of the vessel or a passenger or other person, cause to be drawn from each decedent, within 8 hours after the accident, a blood sample to be analyzed for the presence and concentration of alcohol.
2. The findings of the examinations are a matter of public record and must be reported to the Commission by the coroner or other public officer within 30 days after the death.
3. Analyses of blood alcohol are acceptable only if made by laboratories licensed to perform this function.
Sec. 36. NRS 488.575 is hereby amended to read as follows:
488.575 1. Except as otherwise provided in subsection 2, a person shall not operate or authorize another person to operate a vessel under his or her ownership or control on any waters of this State unless each person on the vessel who is less than 13 years of age is wearing a [personal flotation device] life jacket of [a] an appropriate size and type for the person for whom it is intended that has been approved by the United States Coast Guard and meets any requirements prescribed by the regulations of the Commission while the vessel is under way.
2. The provisions of subsection 1 do not apply to persons on board:
(a) A commercial vessel licensed by the United States Coast Guard for the transportation of passengers for hire; or
(b) Any other vessel who are below the deck or inside a cabin of the vessel.
κ2023 Statutes of Nevada, Page 552 (CHAPTER 108, SB 59)κ
Sec. 37. NRS 488.580 is hereby amended to read as follows:
488.580 1. A person shall not operate or authorize another person to operate a personal watercraft under his or her ownership or control:
(a) In a reckless or negligent manner so as to endanger the life or property of another person.
(b) Unless the operator and each passenger is wearing a [personal flotation device] life jacket of [a] an appropriate size and type for the person for whom it was intended that has been approved by the United States Coast Guard and meets any requirements prescribed by the regulations of the Commission.
(c) Unless the operator is at least 14 years of age.
(d) Unless the operator satisfies any applicable provisions of NRS 488.730.
2. There is prima facie evidence that a person is operating a personal watercraft in a reckless or negligent manner if that person commits two or more of the following acts simultaneously:
(a) Operates the personal watercraft within a zone closer than 5 lengths of the longest vessel, unless both are leaving a flat wake or traveling at a speed of not more than 5 nautical miles per hour.
(b) Operates the personal watercraft in the vicinity of a [motorboat] power-driven vessel in a manner that obstructs the visibility of either operator.
(c) Heads into the wake of a [motorboat] power-driven vessel which is within a zone closer than 5 lengths of the longest vessel and causes one-half or more of the length of the personal watercraft to leave the water.
(d) Within a zone closer than 5 lengths of the longest vessel, maneuvers quickly, turns sharply or swerves, unless the maneuver is necessary to avoid collision.
3. As used in this section, personal watercraft means [a] :
(a) A class A [motorboat] power-driven vessel which:
[(a)] (1) Is less than 13 feet in length;
[(b)] (2) Is designed to be operated by a person sitting, standing or kneeling on, rather than in, the [motorboat;] power-driven vessel;
[(c)] (3) Is capable of performing sharp turns or quick maneuvers; and
[(d)] (4) Has a motor that exceeds 10 horsepower.
(b) A mechanically propelled personal hydrofoil or motorized surfboard.
Sec. 38. NRS 488.585 is hereby amended to read as follows:
488.585 1. A person who [owns or controls a motorboat] operates a recreational power-driven vessel that [is equipped] :
(a) Is less than 26 feet overall in length;
(b) Has a main helm that is not installed within an enclosed cabin;
(c) Is capable of developing 115 pounds or more of static thrust; and
(d) Is equipped with an engine cut-off switch or built on or after December 4, 2019,
Κ shall [not operate or authorize another person to operate the motorboat at a rate of speed greater than 5 nautical miles per hour if] use the [engine cut-off switch or] engine cut-off switch link [is missing, disconnected or not operating properly.] when the vessel is on plane or above displacement speed.
2. A person shall not operate a [motorboat] recreational power-driven vessel that is equipped with an engine cut-off switch [at a rate of speed greater than 5 nautical miles per hour] unless the operator has attached the engine cut-off switch link [is attached] to his or her body, clothing or properly worn personal flotation device.
κ2023 Statutes of Nevada, Page 553 (CHAPTER 108, SB 59)κ
greater than 5 nautical miles per hour] unless the operator has attached the engine cut-off switch link [is attached] to his or her body, clothing or properly worn personal flotation device.
3. As used in this section:
(a) Engine cut-off switch means a switch that [automatically stops the engine of a motorboat if] , when activated [by an engine cut-off switch link.] in an emergency, provides the means to stop the mechanical propulsion system.
(b) Engine cut-off switch link means a device [that, if attached to an] designed to attach the operator [, activates an engine cut-off switch if the operator is separated from the motorboat.] of a vessel to the system that stops the engine under emergency conditions. The term includes a lanyard or other mechanical device and a wireless cut-off device.
(c) [Wireless cut-off device means an engine cut-off switch link that transmits an electromagnetic signal to an engine cut-off switch.] Static thrust means the forward or backward thrust developed by propulsion machinery while stationary.
Sec. 39. NRS 488.950 is hereby amended to read as follows:
488.950 1. Except as otherwise provided in this chapter, [any person who violates any of the provisions of this chapter is guilty of a misdemeanor.] a person is guilty of a misdemeanor if the person:
(a) Performs an act or attempts to perform an act made unlawful or prohibited by this chapter;
(b) Willfully fails to perform an act required of the person by this chapter; or
(c) Violates any order issued or regulation adopted by the Commission under the provisions of this chapter.
2. A court may prohibit a person who violates any of the provisions of this chapter from operating a [motorboat] vessel upon the interstate waters of this State until the person successfully completes, after the date of the violation, a course in safe boating approved by the National Association of State Boating Law Administrators. As used in this subsection, interstate waters of this State means waters forming the boundary between the State of Nevada and an adjoining state.
Sec. 40. NRS 50.325 is hereby amended to read as follows:
50.325 1. If a person is charged with an offense listed in subsection 4, and it is necessary to prove:
(a) The existence of any alcohol;
(b) The quantity of a controlled substance; or
(c) The existence or identity of a controlled substance, chemical, poison, organic solvent or another prohibited substance,
Κ the prosecuting attorney may request that the affidavit or declaration of an expert or other person described in NRS 50.315 and 50.320 be admitted into evidence at the preliminary hearing, hearing before a grand jury or trial concerning the offense. Except as otherwise provided in NRS 50.315 and 50.320, the affidavit or declaration must be admitted into evidence at the trial.
2. If the request is to have the affidavit or declaration admitted into evidence at a preliminary hearing or hearing before a grand jury, the affidavit or declaration must be admitted into evidence upon submission. If the request is to have the affidavit or declaration admitted into evidence at trial, the request must be:
κ2023 Statutes of Nevada, Page 554 (CHAPTER 108, SB 59)κ
(a) Made at least 10 days before the date set for the trial;
(b) Sent to the defendants counsel and to the defendant, by registered or certified mail, or personally served on the defendants counsel or the defendant; and
(c) Accompanied by a copy of the affidavit or declaration and the name, address and telephone number of the affiant or declarant.
3. The provisions of this section do not prohibit either party from producing any witness to offer testimony at trial.
4. The provisions of this section apply to any of the following offenses:
(a) An offense punishable pursuant to NRS 202.257, 455A.170, 455B.080, 493.130 or 639.283.
(b) An offense punishable pursuant to chapter 453, 484A to 484E, inclusive, or 488 of NRS.
(c) A homicide resulting from driving, operating or being in actual physical control of a vehicle , a power-driven vessel or a sailing vessel under [power or sail] way while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425.
(d) Any other offense for which it is necessary to prove, as an element of the offense:
(1) The existence of any alcohol;
(2) The quantity of a controlled substance; or
(3) The existence or identity of a controlled substance, chemical, poison, organic solvent or another prohibited substance.
Sec. 41. NRS 62E.620 is hereby amended to read as follows:
62E.620 1. The juvenile court shall order a delinquent child to undergo an evaluation to determine whether the child has an alcohol or substance use disorder if the child committed:
(a) An unlawful act in violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430;
(b) The unlawful act of using, possessing, selling or distributing a controlled substance; or
(c) The unlawful act of purchasing, consuming or possessing an alcoholic beverage in violation of NRS 202.020.
2. Except as otherwise provided in subsection 3, an evaluation of the child must be conducted by:
(a) A clinical alcohol and drug counselor who is licensed, an alcohol and drug counselor who is licensed or certified, or an alcohol and drug counselor intern or a clinical alcohol and drug counselor intern who is certified, pursuant to chapter 641C of NRS, to make that classification; or
(b) A physician who is certified to make that classification by the Board of Medical Examiners.
3. If the child resides in this State but the nearest location at which an evaluation may be conducted is in another state, the court may allow the evaluation to be conducted in the other state if the person conducting the evaluation:
(a) Possesses qualifications that are substantially similar to the qualifications described in subsection 2;
(b) Holds an appropriate license, certificate or credential issued by a regulatory agency in the other state; and
(c) Is in good standing with the regulatory agency in the other state.
κ2023 Statutes of Nevada, Page 555 (CHAPTER 108, SB 59)κ
4. The evaluation of the child may be conducted at an evaluation center.
5. The person who conducts the evaluation of the child shall report to the juvenile court the results of the evaluation and make a recommendation to the juvenile court concerning the length and type of treatment required for the child.
6. The juvenile court shall:
(a) Order the child to undergo a program of treatment as recommended by the person who conducts the evaluation of the child.
(b) Require the treatment provider to submit monthly reports on the treatment of the child pursuant to this section.
7. Except as otherwise provided in this subsection, the juvenile court shall not order the child or the parent or guardian of the child to pay any charges relating to the evaluation and treatment of the child pursuant to this section. The juvenile court shall:
(a) To the extent possible, arrange for the child to receive such evaluation and treatment from an approved provider that receives a sufficient amount of federal or state funding to offset the remainder of the costs of such evaluation and treatment.
(b) Arrange for the billing of any available public or private medical insurance to pay for such evaluation and treatment.
(c) Not order the parent or guardian of the child to pay the costs for such evaluation and treatment unless the child receives such evaluation and treatment from a provider that is not approved or the child seeks additional evaluation or treatment beyond that recommended for the child, in which case the parent or guardian of the child shall pay the costs of such evaluation and treatment.
8. After a treatment provider has certified a childs successful completion of a program of treatment ordered pursuant to this section, the treatment provider is not liable for any damages to person or property caused by a child who:
(a) Drives, operates or is in actual physical control of a vehicle , a power-driven vessel or a sailing vessel under [power or sail] way while under the influence of intoxicating liquor or a controlled substance; or
(b) Engages in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425 or a law of any other jurisdiction that prohibits the same or similar conduct.
9. The provisions of this section do not prohibit the juvenile court from:
(a) Requiring an evaluation to be conducted by a person who is employed by a private company if the company meets the standards of the Division of Public and Behavioral Health of the Department of Health and Human Services. The evaluation may be conducted at an evaluation center.
(b) Ordering the child to attend a program of treatment which is administered by a private company.
10. Except as otherwise provided in NRS 239.0115, all information relating to the evaluation or treatment of a child pursuant to this section is confidential and, except as otherwise authorized by the provisions of this title or the juvenile court, must not be disclosed to any person other than:
(a) The juvenile court;
(b) The child;
(c) The attorney for the child, if any;
(d) The parents or guardian of the child;
κ2023 Statutes of Nevada, Page 556 (CHAPTER 108, SB 59)κ
(e) The district attorney; and
(f) Any other person for whom the communication of that information is necessary to effectuate the evaluation or treatment of the child.
11. A record of any finding that a child has violated the provisions of NRS 484C.110, 484C.120, 484C.130 or 484C.430 must be included in the drivers record of that child for 7 years after the date of the offense.
Sec. 42. NRS 178.484 is hereby amended to read as follows:
178.484 1. Except as otherwise provided in this section, a person arrested for an offense other than murder of the first degree must be admitted to bail.
2. A person arrested for a felony who has been released on probation or parole for a different offense must not be admitted to bail unless:
(a) A court issues an order directing that the person be admitted to bail;
(b) The State Board of Parole Commissioners directs the detention facility to admit the person to bail; or
(c) The Division of Parole and Probation of the Department of Public Safety directs the detention facility to admit the person to bail.
3. A person arrested for a felony whose sentence has been suspended pursuant to NRS 4.373 or 5.055 for a different offense or who has been sentenced to a term of residential confinement pursuant to NRS 4.3762 or 5.076 for a different offense must not be admitted to bail unless:
(a) A court issues an order directing that the person be admitted to bail; or
(b) A department of alternative sentencing directs the detention facility to admit the person to bail.
4. A person arrested for murder of the first degree may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense.
5. A person arrested for a violation of NRS 484C.110, 484C.120, 484C.130, 484C.430, 488.410, 488.420 or 488.425 who is under the influence of intoxicating liquor must not be admitted to bail or released on the persons own recognizance unless the person has a concentration of alcohol of less than 0.04 in his or her breath. A test of the persons breath pursuant to this subsection to determine the concentration of alcohol in his or her breath as a condition of admission to bail or release is not admissible as evidence against the person.
6. A person arrested for a violation of NRS 484C.110, 484C.120, 484C.130, 484C.430, 488.410, 488.420 or 488.425 who is under the influence of a controlled substance, is under the combined influence of intoxicating liquor and a controlled substance, or inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle , a power-driven vessel or a sailing vessel under [power or sail] way must not be admitted to bail or released on the persons own recognizance sooner than 12 hours after arrest.
7. A person arrested for a battery that constitutes domestic violence pursuant to NRS 33.018 must not be admitted to bail sooner than 12 hours after arrest.
κ2023 Statutes of Nevada, Page 557 (CHAPTER 108, SB 59)κ
after arrest. If the person is admitted to bail more than 12 hours after arrest, without appearing personally before a magistrate or without the amount of bail having been otherwise set by a magistrate or a court, the amount of bail must be:
(a) Three thousand dollars, if the person has no previous convictions of battery that constitute domestic violence pursuant to NRS 33.018 and there is no reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation;
(b) Five thousand dollars, if the person has:
(1) No previous convictions of battery that constitute domestic violence pursuant to NRS 33.018, but there is reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation; or
(2) One previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018, but there is no reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation; or
(c) Fifteen thousand dollars, if the person has:
(1) One previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018 and there is reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation; or
(2) Two or more previous convictions of battery that constitute domestic violence pursuant to NRS 33.018.
Κ The provisions of this subsection do not affect the authority of a magistrate or a court to set the amount of bail when the person personally appears before the magistrate or the court, or when a magistrate or a court has otherwise been contacted to set the amount of bail. For the purposes of this subsection, a person shall be deemed to have a previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018 if the person has been convicted of such an offense in this State or has been convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct.
8. A person arrested for violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or for violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or for violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or for violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378 must not be admitted to bail sooner than 12 hours after arrest if:
(a) The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm;
(b) The person has previously violated a temporary or extended order for protection of the type for which the person has been arrested; or
(c) At the time of the violation or within 2 hours after the violation, the person has:
(1) A concentration of alcohol of 0.08 or more in the persons blood or breath; or
κ2023 Statutes of Nevada, Page 558 (CHAPTER 108, SB 59)κ
(2) An amount of a prohibited substance in the persons blood or urine, as applicable, that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 484C.110.
9. If a person is admitted to bail more than 12 hours after arrest, pursuant to subsection 8, without appearing personally before a magistrate or without the amount of bail having been otherwise set by a magistrate or a court, the amount of bail must be:
(a) Three thousand dollars, if the person has no previous convictions of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378;
(b) Five thousand dollars, if the person has one previous conviction of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378; or
(c) Fifteen thousand dollars, if the person has two or more previous convictions of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378.
Κ The provisions of this subsection do not affect the authority of a magistrate or a court to set the amount of bail when the person personally appears before the magistrate or the court or when a magistrate or a court has otherwise been contacted to set the amount of bail. For the purposes of this subsection, a person shall be deemed to have a previous conviction of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378, if the person has been convicted of such an offense in this State or has been convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct.
κ2023 Statutes of Nevada, Page 559 (CHAPTER 108, SB 59)κ
NRS 200.378, if the person has been convicted of such an offense in this State or has been convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct.
10. For the purposes of subsections 8 and 9, an order or injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief that might be given in a temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.
11. As used in this section, strangulation has the meaning ascribed to it in NRS 200.481.
Sec. 43. NRS 458.260 is hereby amended to read as follows:
458.260 1. Except as otherwise provided in subsection 2, the use of alcohol, the status of drunkard and the fact of being found in an intoxicated condition are not:
(a) Public offenses and shall not be so treated in any ordinance or resolution of a county, city or town.
(b) Elements of an offense giving rise to a criminal penalty or civil sanction.
2. The provisions of subsection 1 do not apply to:
(a) A civil or administrative violation for which intoxication is an element of the violation pursuant to the provisions of a specific statute or regulation;
(b) A criminal offense for which intoxication is an element of the offense pursuant to the provisions of a specific statute or regulation;
(c) A homicide resulting from driving, operating or being in actual physical control of a vehicle , a power-driven vessel or a sailing vessel under [power or sail] way while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425; and
(d) Any offense or violation which is similar to an offense or violation described in paragraph (a), (b) or (c) and which is set forth in an ordinance or resolution of a county, city or town.
3. This section does not make intoxication an excuse or defense for any criminal act.
Sec. 44. NRS 458.270 is hereby amended to read as follows:
458.270 1. Except as otherwise provided in subsection 7, a person who is found in any public place under the influence of alcohol, in such a condition that the person is unable to exercise care for his or her health or safety or the health or safety of other persons, must be placed under civil protective custody by a peace officer.
2. A peace officer may use upon such a person the kind and degree of force which would be lawful if the peace officer were effecting an arrest for a misdemeanor with a warrant.
3. If a licensed facility for the treatment of persons with an alcohol use disorder that has been certified by the Division for civil protective custody exists in the community where the person is found, the person must be delivered to the facility for observation and care. If no such facility exists in the community, the person so found may be placed in a county or city jail or detention facility for shelter or supervision for his or her health and safety until he or she is no longer under the influence of alcohol.
κ2023 Statutes of Nevada, Page 560 (CHAPTER 108, SB 59)κ
until he or she is no longer under the influence of alcohol. The person may not be required against his or her will to remain in a licensed facility, jail or detention facility longer than 48 hours.
4. An intoxicated person taken into custody by a peace officer for a public offense must immediately be taken to a secure detoxification unit or other appropriate medical facility if the condition of the person appears to require emergency medical treatment. Upon release from the detoxification unit or medical facility, the person must immediately be remanded to the custody of the apprehending peace officer and the criminal proceedings proceed as prescribed by law.
5. The placement of a person found under the influence of alcohol in civil protective custody must be:
(a) Recorded at the facility, jail or detention facility to which the person is delivered; and
(b) Communicated at the earliest practical time to the persons family or next of kin if they can be located.
6. Every peace officer and other public employee or agency acting pursuant to this section is performing a discretionary function or duty.
7. The provisions of this section do not apply to a person who is apprehended or arrested for:
(a) A civil or administrative violation for which intoxication is an element of the violation pursuant to the provisions of a specific statute or regulation;
(b) A criminal offense for which intoxication is an element of the offense pursuant to the provisions of a specific statute or regulation;
(c) A homicide resulting from driving, operating or being in actual physical control of a vehicle , a power-driven vessel or a sailing vessel under [power or sail] way while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425; and
(d) Any offense or violation which is similar to an offense or violation described in paragraph (a), (b) or (c) and which is set forth in an ordinance or resolution of a county, city or town.
Sec. 45. (Deleted by amendment.)
Sec. 46. NRS 678C.300 is hereby amended to read as follows:
678C.300 1. A person who holds a registry identification card or letter of approval issued to him or her pursuant to NRS 678C.230 or 678C.270 is not exempt from state prosecution for, nor may the person establish an affirmative defense to charges arising from, any of the following acts:
(a) Driving, operating or being in actual physical control of a vehicle , a power-driven vessel or a sailing vessel under [power or sail] way while under the influence of cannabis.
(b) Engaging in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420, 488.425 or 493.130.
(c) Possessing a firearm in violation of paragraph (b) of subsection 1 of NRS 202.257.
κ2023 Statutes of Nevada, Page 561 (CHAPTER 108, SB 59)κ
(d) Possessing cannabis in violation of NRS 453.336 or possessing paraphernalia in violation of NRS 453.560 or 453.566:
(1) If the possession of the cannabis or paraphernalia is discovered because the person engaged or assisted in the medical use of cannabis in:
(I) Except as otherwise provided by regulations adopted by the Board pursuant to NRS 678B.645, any public place or in any place open to the public or exposed to public view; or
(II) Any local detention facility, county jail, state prison, reformatory or other correctional facility, including, without limitation, any facility for the detention of juvenile offenders; or
(2) If the possession of the cannabis or paraphernalia occurs on school property.
(e) Delivering cannabis to another person who he or she knows does not lawfully hold a registry identification card or letter of approval issued by the Division or its designee pursuant to NRS 678C.230 or 678C.270.
(f) Delivering cannabis for consideration to any person, regardless of whether the recipient lawfully holds a registry identification card or letter of approval issued by the Division or its designee pursuant to NRS 678C.230 or 678C.270.
2. Except as otherwise provided in NRS 678C.240 and in addition to any other penalty provided by law, if the Division determines that a person has willfully violated a provision of this chapter or any regulation adopted by the Division to carry out the provisions of this chapter, the Division may, at its own discretion, prohibit the person from obtaining or using a registry identification card or letter of approval for a period of up to 6 months.
3. Nothing in the provisions of this chapter shall be construed as in any manner affecting the provisions of chapter 678D of NRS relating to the adult use of cannabis.
4. As used in this section, school property means the grounds of any public school described in NRS 388.020 and any private school as defined in NRS 394.103.
Sec. 47. NRS 678D.300 is hereby amended to read as follows:
678D.300 1. A person is not exempt from state prosecution for any of the following acts:
(a) Driving, operating or being in actual physical control of a vehicle , a power-driven vessel or a sailing vessel under [power or sail] way while under the influence of cannabis.
(b) Engaging in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420, 488.425 or 493.130.
(c) Possessing a firearm in violation of paragraph (b) of subsection 1 of NRS 202.257.
(d) Possessing cannabis in violation of NRS 453.336 or possessing paraphernalia in violation of NRS 453.560 or 453.566:
(1) If the possession of the cannabis or paraphernalia is discovered because the person engaged in the adult use of cannabis in:
(I) Except as otherwise provided by regulations adopted by the Board pursuant to NRS 678B.645, any public place or in any place open to the public or exposed to public view; or
κ2023 Statutes of Nevada, Page 562 (CHAPTER 108, SB 59)κ
(II) Any local detention facility, county jail, state prison, reformatory or other correctional facility, including, without limitation, any facility for the detention of juvenile offenders; or
(2) If the possession of the cannabis or paraphernalia occurs on school property.
(e) Knowingly delivering cannabis to another person who is not 21 years of age or older unless:
(1) The recipient holds a valid registry identification card or letter of approval issued to the person by the Division of Public and Behavioral Health of the Department of Health and Human Services or its designee pursuant to NRS 678C.230 or 678C.270.
(2) The person demanded and was shown bona fide documentary evidence of the age and identity of the recipient issued by a federal, state, county or municipal government, or subdivision or agency thereof.
2. As used in this section, school property means the grounds of any public school described in NRS 388.020 and any private school as defined in NRS 394.103.
Sec. 48. The Legislative Counsel shall:
1. In preparing the Nevada Revised Statutes, use the authority set forth in subsection 10 of NRS 220.120 to substitute appropriately the term power-driven vessel for the term motorboat.
2. In preparing supplements to Nevada Administrative Code, substitute appropriately the term power-driven vessel for the term motorboat.
Sec. 49. 1. Notwithstanding the amendatory provisions of this act, a sailing vessel or human-powered vessel for which this State is the state of principal operation is not required to be numbered until January 1, 2024.
2. As used in this section, human-powered vessel, sailing vessel and state of principal operation have the meanings ascribed to them in NRS 488.035, as amended by section 8 of this act.
Sec. 50. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 49, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On July 1, 2023, for all other purposes.
________
κ2023 Statutes of Nevada, Page 563κ
Senate Bill No. 260Senators Dondero Loop, Donate; Cannizzaro, Daly, Flores, Lange and Pazina
Joint Sponsor: Assemblywoman Anderson
CHAPTER 109
[Approved: May 31, 2023]
AN ACT relating to residential facilities; imposing certain requirements governing the operation of a senior living community referral agency; requiring a senior living community referral agency to make certain reports; prescribing authorized methods for determining the amount of compensation that a senior living community referral agency receives from a senior living community; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires a person to obtain a license from the State Board of Health if the person operates a business that provides referrals to residential facilities for groups or any other group housing arrangement that provides assistance, food, shelter or limited supervision to a person with a mental illness, intellectual disability, developmental disability or physical disability or who is aged or infirm. (NRS 449.0305) Section 2 of this bill defines the term senior living community to refer to certain facilities or other living arrangements for persons who are aged, including residential facilities for groups. Section 3 of this bill defines the term senior living community referral agency to mean a person who makes referrals to a senior living community. Section 6 of this bill makes a conforming change to indicate the proper placement of sections 2 and 3 in the Nevada Revised Statutes.
Section 4 of this bill requires a senior living community referral agency to disclose certain information to a person who is aged or the representative of such a person and obtain the consent of the person or representative before making a referral. Section 4 also requires the senior living community referral agency to: (1) maintain a record of such a disclosure or consent for at least 3 years; and (2) provide a copy of the disclosure to a person who has received a referral from the agency, the representative of such a person or the senior living community to which a person was referred by the agency upon request.
Section 5 of this bill prohibits a senior living community referral agency from: (1) referring a person who is aged or the representative of such a person to a senior living community in which the agency, an executive thereof or an immediate family member of such an executive has a financial interest; (2) issuing a referral to a person with whom the agency, an employee thereof or the family of such an employee has certain relationships; (3) referring a person who is aged or the representative of such a person to a senior living community that is required by law to hold a license but does not hold such a license; (4) referring a person who is aged or the representative of such a person to a senior living community that does not have ability to adequately care for the person; or (5) accepting compensation for a referral from a senior living community without entering into a written contract concerning such referral. Section 5 requires a senior living community referral agency to establish a policy to protect the privacy of persons who are aged and their representatives. Section 5 additionally requires a senior living community referral agency to cease contacting or making referrals for a person who is aged or the representative of such a person upon request of the person or representative. Section 5 prescribes the authorized methods for determining the amount of compensation that a senior living community referral agency receives from a senior living community. Sections 7-14 of this bill make conforming changes to indicate the proper placement of sections 4 and 5 in the Nevada Revised Statutes.
κ2023 Statutes of Nevada, Page 564 (CHAPTER 109, SB 260)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. Senior living community means:
1. A home for individual residential care, residential facility for groups, facility for intermediate care, facility for skilled nursing, assisted living facility or retirement home or village that primarily provides services to persons who are aged; or
2. Any other group housing arrangement that provides assistance, food, shelter or limited supervision to persons who are aged.
Sec. 3. Senior living community referral agency means a person who refers persons who are aged to senior living communities for a fee paid by the senior living community, the person who is aged or the representative of such a person. The term does not include:
1. A senior living community or an employee of a senior living community; or
2. A resident of a senior living community, a family member of such a resident or any other person who receives any service from a senior living community, regardless of whether the person receives any form of compensation for a referral.
Sec. 4. 1. Before referring a person who is aged or the representative of such a person to a senior living community, a senior living community referral agency shall:
(a) Provide a statement clearly disclosing the information required by this paragraph to the person or representative orally, in writing or electronically. If the disclosure is made orally, the disclosure must be recorded. The statement must include, without limitation:
(1) A description of each service that the senior living community referral agency is able to provide to the person who is aged;
(2) The contact information of the senior living community referral agency, including, without limitation, the telephone number of the senior living community referral agency;
(3) The address of the Internet website maintained pursuant to paragraph (f) of subsection 2 of section 5 of this act;
(4) An explanation of the provisions of paragraphs (c), (d) and (e) of subsection 2 of section 5 of this act; and
(5) A statement of whether the person who is aged or the senior living community to which the person who is aged is referred is responsible for paying the applicable referral fee and, if the person who is aged is responsible for paying the fee, the amount of the fee; and
(b) Obtain the written or recorded consent of a person who is aged or his or her representative to provide referrals.
2. A senior living community referral agency shall maintain a record of each statement or consent provided pursuant to subsection 1 for at least 3 years after the date on which the statement or consent, as applicable, is provided.
κ2023 Statutes of Nevada, Page 565 (CHAPTER 109, SB 260)κ
3. Upon the request of a person who is aged and who has received a referral from a senior living community referral agency, the representative of such a person or the senior living community to which a person has been referred by the senior living community referral agency, the senior living community referral agency shall provide the person, representative or community a written copy of the statement given to the person who is aged or his or her representative pursuant to subsection 1.
Sec. 5. 1. A senior living community referral agency shall not:
(a) Except as otherwise provided in subsection 3, refer a person who is aged or the representative of such a person to a senior living community:
(1) In which the senior living community referral agency, an executive thereof or any immediate family member of such an executive has an ownership or financial interest; or
(2) That is managed wholly or partially by the senior living community referral agency, an executive thereof or any immediate family member of such an executive;
(b) Issue a referral to a person who is aged or the representative of such a person if the senior living community referral agency, an employee thereof or an immediate family member of such an employee holds a power of attorney or any property of the person who is aged;
(c) Refer a person who is aged or the representative of such a person to a senior living community that does not hold a license required by law;
(d) Refer a person who is aged or the representative of such a person to a senior living community that is not capable of adequately caring for the person who is aged; or
(e) Accept compensation for a referral from a senior living community with which the senior living community referral agency has not entered into a written contract concerning such a referral.
2. A senior living community referral agency shall:
(a) Use a nationally accredited provider of criminal background investigations to conduct an investigation into the criminal background of each employee of the senior living community referral agency who directly interacts with persons who are aged or representatives of such persons;
(b) Maintain liability insurance in an amount of at least $1,000,000 for each incident and $2,500,000 in total per year for negligent acts or omissions committed by the senior living community referral agency or an employee thereof;
(c) Cease contacting a person who is aged or the representative of such a person as soon as possible and not later than 10 days after the person or representative requests the senior living community referral agency to cease contacting the person;
(d) Cease making referrals to a senior living community for a person who is aged or the representative of such a person as soon as possible and not later than 10 days after the person or representative requests the senior living community referral agency to cease making such referrals;
(e) Refrain from selling the personal information of a person who is aged or the representative of such a person upon the request of the person or representative; and
κ2023 Statutes of Nevada, Page 566 (CHAPTER 109, SB 260)κ
(f) Establish a policy to protect the privacy of persons who are aged and the representatives of such persons and post the policy on an Internet website maintained by the senior living community referral agency.
3. A senior living community referral agency may refer a person who is aged or the representative of such a person to a senior living community described in paragraph (a) of subsection 1 if the person or representative provides the senior living community referral agency with written permission to make such a referral before the referral is made.
4. A written contract entered into pursuant to paragraph (e) of subsection 1 may provide for the compensation of a senior living community referral agency by a senior living community in:
(a) An amount for all referrals made by the senior living community referral agency to the senior living community in a specified period of time;
(b) An amount for each referral to the senior living community that is based on a percentage of the cost of the first month of rent and care received by the person referred to the senior living community; or
(c) A fixed amount for each referral to the senior living community.
Sec. 6. NRS 449.001 is hereby amended to read as follows:
449.001 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 449.0015 to 449.0195, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.
Sec. 7. NRS 449.029 is hereby amended to read as follows:
449.029 As used in NRS 449.029 to 449.240, inclusive, and sections 4 and 5 of this act, unless the context otherwise requires, medical facility has the meaning ascribed to it in NRS 449.0151 and includes a program of hospice care described in NRS 449.196.
Sec. 8. NRS 449.0301 is hereby amended to read as follows:
449.0301 The provisions of NRS 449.029 to 449.2428, inclusive, and sections 4 and 5 of this act do not apply to:
1. Any facility conducted by and for the adherents of any church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing in the practice of the religion of the church or denomination, except that such a facility shall comply with all regulations relative to sanitation and safety applicable to other facilities of a similar category.
2. Foster homes as defined in NRS 424.014.
3. Any medical facility, facility for the dependent or facility which is otherwise required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed that is operated and maintained by the United States Government or an agency thereof.
Sec. 9. NRS 449.0302 is hereby amended to read as follows:
449.0302 1. The Board shall adopt:
(a) Licensing standards for each class of medical facility or facility for the dependent covered by NRS 449.029 to 449.2428, inclusive, and sections 4 and 5 of this act and for programs of hospice care.
(b) Regulations governing the licensing of such facilities and programs.
κ2023 Statutes of Nevada, Page 567 (CHAPTER 109, SB 260)κ
(c) Regulations governing the procedure and standards for granting an extension of the time for which a natural person may provide certain care in his or her home without being considered a residential facility for groups pursuant to NRS 449.017. The regulations must require that such grants are effective only if made in writing.
(d) Regulations establishing a procedure for the indemnification by the Division, from the amount of any surety bond or other obligation filed or deposited by a facility for refractive surgery pursuant to NRS 449.068 or 449.069, of a patient of the facility who has sustained any damages as a result of the bankruptcy of or any breach of contract by the facility.
(e) Regulations that prescribe the specific types of discrimination prohibited by NRS 449.101.
(f) Regulations requiring a hospital or independent center for emergency medical care to provide training to each employee who provides care to victims of sexual assault or attempted sexual assault concerning appropriate care for such persons, including, without limitation, training concerning the requirements of NRS 449.1885.
(g) Any other regulations as it deems necessary or convenient to carry out the provisions of NRS 449.029 to 449.2428, inclusive [.] , and sections 4 and 5 of this act.
2. The Board shall adopt separate regulations governing the licensing and operation of:
(a) Facilities for the care of adults during the day; and
(b) Residential facilities for groups,
Κ which provide care to persons with Alzheimers disease or other severe dementia, as described in paragraph (a) of subsection 2 of NRS 449.1845.
3. The Board shall adopt separate regulations for:
(a) The licensure of rural hospitals which take into consideration the unique problems of operating such a facility in a rural area.
(b) The licensure of facilities for refractive surgery which take into consideration the unique factors of operating such a facility.
(c) The licensure of mobile units which take into consideration the unique factors of operating a facility that is not in a fixed location.
4. The Board shall require that the practices and policies of each medical facility or facility for the dependent provide adequately for the protection of the health, safety and physical, moral and mental well-being of each person accommodated in the facility.
5. In addition to the training requirements prescribed pursuant to NRS 449.093, the Board shall establish minimum qualifications for administrators and employees of residential facilities for groups. In establishing the qualifications, the Board shall consider the related standards set by nationally recognized organizations which accredit such facilities.
6. The Board shall adopt separate regulations regarding the assistance which may be given pursuant to NRS 453.375 and 454.213 to an ultimate user of controlled substances or dangerous drugs by employees of residential facilities for groups. The regulations must require at least the following conditions before such assistance may be given:
(a) The ultimate users physical and mental condition is stable and is following a predictable course.
κ2023 Statutes of Nevada, Page 568 (CHAPTER 109, SB 260)κ
(b) The amount of the medication prescribed is at a maintenance level and does not require a daily assessment.
(c) A written plan of care by a physician or registered nurse has been established that:
(1) Addresses possession and assistance in the administration of the medication; and
(2) Includes a plan, which has been prepared under the supervision of a registered nurse or licensed pharmacist, for emergency intervention if an adverse condition results.
(d) Except as otherwise authorized by the regulations adopted pursuant to NRS 449.0304, the prescribed medication is not administered by injection or intravenously.
(e) The employee has successfully completed training and examination approved by the Division regarding the authorized manner of assistance.
7. The Board shall adopt separate regulations governing the licensing and operation of residential facilities for groups which provide assisted living services. The Board shall not allow the licensing of a facility as a residential facility for groups which provides assisted living services and a residential facility for groups shall not claim that it provides assisted living services unless:
(a) Before authorizing a person to move into the facility, the facility makes a full written disclosure to the person regarding what services of personalized care will be available to the person and the amount that will be charged for those services throughout the residents stay at the facility.
(b) The residents of the facility reside in their own living units which:
(1) Except as otherwise provided in subsection 8, contain toilet facilities;
(2) Contain a sleeping area or bedroom; and
(3) Are shared with another occupant only upon consent of both occupants.
(c) The facility provides personalized care to the residents of the facility and the general approach to operating the facility incorporates these core principles:
(1) The facility is designed to create a residential environment that actively supports and promotes each residents quality of life and right to privacy;
(2) The facility is committed to offering high-quality supportive services that are developed by the facility in collaboration with the resident to meet the residents individual needs;
(3) The facility provides a variety of creative and innovative services that emphasize the particular needs of each individual resident and the residents personal choice of lifestyle;
(4) The operation of the facility and its interaction with its residents supports, to the maximum extent possible, each residents need for autonomy and the right to make decisions regarding his or her own life;
(5) The operation of the facility is designed to foster a social climate that allows the resident to develop and maintain personal relationships with fellow residents and with persons in the general community;
κ2023 Statutes of Nevada, Page 569 (CHAPTER 109, SB 260)κ
(6) The facility is designed to minimize and is operated in a manner which minimizes the need for its residents to move out of the facility as their respective physical and mental conditions change over time; and
(7) The facility is operated in such a manner as to foster a culture that provides a high-quality environment for the residents, their families, the staff, any volunteers and the community at large.
8. The Division may grant an exception from the requirement of subparagraph (1) of paragraph (b) of subsection 7 to a facility which is licensed as a residential facility for groups on or before July 1, 2005, and which is authorized to have 10 or fewer beds and was originally constructed as a single-family dwelling if the Division finds that:
(a) Strict application of that requirement would result in economic hardship to the facility requesting the exception; and
(b) The exception, if granted, would not:
(1) Cause substantial detriment to the health or welfare of any resident of the facility;
(2) Result in more than two residents sharing a toilet facility; or
(3) Otherwise impair substantially the purpose of that requirement.
9. The Board shall, if it determines necessary, adopt regulations and requirements to ensure that each residential facility for groups and its staff are prepared to respond to an emergency, including, without limitation:
(a) The adoption of plans to respond to a natural disaster and other types of emergency situations, including, without limitation, an emergency involving fire;
(b) The adoption of plans to provide for the evacuation of a residential facility for groups in an emergency, including, without limitation, plans to ensure that nonambulatory patients may be evacuated;
(c) Educating the residents of residential facilities for groups concerning the plans adopted pursuant to paragraphs (a) and (b); and
(d) Posting the plans or a summary of the plans adopted pursuant to paragraphs (a) and (b) in a conspicuous place in each residential facility for groups.
10. The regulations governing the licensing and operation of facilities for transitional living for released offenders must provide for the licensure of at least three different types of facilities, including, without limitation:
(a) Facilities that only provide a housing and living environment;
(b) Facilities that provide or arrange for the provision of supportive services for residents of the facility to assist the residents with reintegration into the community, in addition to providing a housing and living environment; and
(c) Facilities that provide or arrange for the provision of programs for alcohol and other substance use disorders, in addition to providing a housing and living environment and providing or arranging for the provision of other supportive services.
Κ The regulations must provide that if a facility was originally constructed as a single-family dwelling, the facility must not be authorized for more than eight beds.
11. The Board shall adopt regulations applicable to providers of community-based living arrangement services which:
κ2023 Statutes of Nevada, Page 570 (CHAPTER 109, SB 260)κ
(a) Except as otherwise provided in paragraph (b), require a natural person responsible for the operation of a provider of community-based living arrangement services and each employee of a provider of community-based living arrangement services who supervises or provides support to recipients of community-based living arrangement services to complete training concerning the provision of community-based living arrangement services to persons with mental illness and continuing education concerning the particular population served by the provider;
(b) Exempt a person licensed or certified pursuant to title 54 of NRS from the requirements prescribed pursuant to paragraph (a) if the Board determines that the person is required to receive training and continuing education substantially equivalent to that prescribed pursuant to that paragraph;
(c) Require a natural person responsible for the operation of a provider of community-based living arrangement services to receive training concerning the provisions of title 53 of NRS applicable to the provision of community-based living arrangement services; and
(d) Require an applicant for a license to provide community-based living arrangement services to post a surety bond in an amount equal to the operating expenses of the applicant for 2 months, place that amount in escrow or take another action prescribed by the Division to ensure that, if the applicant becomes insolvent, recipients of community-based living arrangement services from the applicant may continue to receive community-based living arrangement services for 2 months at the expense of the applicant.
12. The Board shall adopt separate regulations governing the licensing and operation of freestanding birthing centers. Such regulations must:
(a) Align with the standards established by the American Association of Birth Centers, or its successor organization, the accrediting body of the Commission for the Accreditation of Birth Centers, or its successor organization, or another nationally recognized organization for accrediting freestanding birthing centers; and
(b) Allow the provision of supervised training to providers of health care, as appropriate, at a freestanding birthing center.
13. As used in this section, living unit means an individual private accommodation designated for a resident within the facility.
Sec. 10. NRS 449.0305 is hereby amended to read as follows:
449.0305 1. Except as otherwise provided in subsection 5, a person must obtain a license from the Board to operate a business that provides referrals to residential facilities for groups or any other group housing arrangement that provides assistance, food, shelter or limited supervision to a person with a mental illness, intellectual disability, developmental disability or physical disability or who is aged or infirm [.] , including, without limitation, a senior living community referral agency.
2. The Board shall adopt:
(a) Standards for the licensing of businesses described in subsection 1;
(b) Standards relating to the fees charged by such businesses;
(c) Regulations governing the licensing of such businesses; and
κ2023 Statutes of Nevada, Page 571 (CHAPTER 109, SB 260)κ
(d) Regulations establishing requirements for training the employees of such businesses.
3. A licensed nurse, social worker, physician or hospital, or a provider of geriatric care who is licensed as a nurse or social worker, may provide referrals to residential facilities for groups or any other group housing arrangement described in subsection 1 through a business that is licensed pursuant to this section. The Board may, by regulation, authorize a public guardian or any other person it determines appropriate to provide referrals to residential facilities for groups or any other group housing arrangement described in subsection 1 through a business that is licensed pursuant to this section.
4. A business that is licensed pursuant to this section or an employee of such a business shall not:
(a) Refer a person to a residential facility for groups that is not licensed.
(b) Refer a person to a residential facility for groups or any other group housing arrangement described in subsection 1 if the business or its employee knows or reasonably should know that the facility or other group housing arrangement, or the services provided by the facility or other group housing arrangement, are not appropriate for the condition of the person being referred.
(c) Refer a person to a residential facility for groups or any other group housing arrangement described in subsection 1 that is owned by the same person who owns the business.
Κ A person who violates the provisions of this subsection is liable for a civil penalty to be recovered by the Attorney General in the name of the Board for the first offense of not more than $10,000 and for a second or subsequent offense of not less than $10,000 nor more than $20,000. Unless otherwise required by federal law, the Board shall deposit all civil penalties collected pursuant to this section into a separate account in the State General Fund to be used to administer and carry out the provisions of NRS 449.001 to 449.430, inclusive, and sections 2 to 5, inclusive, of this act, 449.435 to 449.531, inclusive, and chapter 449A of NRS and to protect the health, safety, well-being and property of the patients and residents of facilities in accordance with applicable state and federal standards.
5. This section does not apply to a medical facility that is licensed pursuant to NRS 449.029 to 449.2428, inclusive, and sections 4 and 5 of this act on October 1, 1999.
6. As used in this section:
(a) Developmental disability has the meaning ascribed to it in NRS 435.007.
(b) Intellectual disability has the meaning ascribed to it in NRS 435.007.
(c) Mental illness has the meaning ascribed to it in NRS 433.164.
Sec. 11. NRS 449.160 is hereby amended to read as follows:
449.160 1. The Division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.029 to 449.2428, inclusive, and sections 4 and 5 of this act upon any of the following grounds:
κ2023 Statutes of Nevada, Page 572 (CHAPTER 109, SB 260)κ
(a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410 or 449.029 to 449.245, inclusive, and sections 4 and 5 of this act, or of any other law of this State or of the standards, rules and regulations adopted thereunder.
(b) Aiding, abetting or permitting the commission of any illegal act.
(c) Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.
(d) Conduct or practice detrimental to the health or safety of the occupants or employees of the facility.
(e) Failure of the applicant to obtain written approval from the Director of the Department of Health and Human Services as required by NRS 439A.100 or as provided in any regulation adopted pursuant to NRS 449.001 to 449.430, inclusive, and sections 2 to 5, inclusive, of this act and 449.435 to 449.531, inclusive, and chapter 449A of NRS if such approval is required.
(f) Failure to comply with the provisions of NRS 441A.315 and any regulations adopted pursuant thereto or NRS 449.2486.
(g) Violation of the provisions of NRS 458.112.
2. In addition to the provisions of subsection 1, the Division may revoke a license to operate a facility for the dependent if, with respect to that facility, the licensee that operates the facility, or an agent or employee of the licensee:
(a) Is convicted of violating any of the provisions of NRS 202.470;
(b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124; or
(c) Is ordered by the appropriate governmental agency to correct a violation of a building, safety or health code or regulation but fails to correct the violation.
3. The Division shall maintain a log of any complaints that it receives relating to activities for which the Division may revoke the license to operate a facility for the dependent pursuant to subsection 2. The Division shall provide to a facility for the care of adults during the day:
(a) A summary of a complaint against the facility if the investigation of the complaint by the Division either substantiates the complaint or is inconclusive;
(b) A report of any investigation conducted with respect to the complaint; and
(c) A report of any disciplinary action taken against the facility.
Κ The facility shall make the information available to the public pursuant to NRS 449.2486.
4. On or before February 1 of each odd-numbered year, the Division shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium:
(a) Any complaints included in the log maintained by the Division pursuant to subsection 3; and
(b) Any disciplinary actions taken by the Division pursuant to subsection 2.
κ2023 Statutes of Nevada, Page 573 (CHAPTER 109, SB 260)κ
Sec. 12. NRS 449.163 is hereby amended to read as follows:
449.163 1. In addition to the payment of the amount required by NRS 449.0308, if a medical facility, facility for the dependent or facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed violates any provision related to its licensure, including any provision of NRS 439B.410 or 449.029 to 449.2428, inclusive, and sections 4 and 5 of this act or any condition, standard or regulation adopted by the Board, the Division, in accordance with the regulations adopted pursuant to NRS 449.165, may:
(a) Prohibit the facility from admitting any patient until it determines that the facility has corrected the violation;
(b) Limit the occupancy of the facility to the number of beds occupied when the violation occurred, until it determines that the facility has corrected the violation;
(c) If the license of the facility limits the occupancy of the facility and the facility has exceeded the approved occupancy, require the facility, at its own expense, to move patients to another facility that is licensed;
(d) Impose an administrative penalty of not more than $5,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum; and
(e) Appoint temporary management to oversee the operation of the facility and to ensure the health and safety of the patients of the facility, until:
(1) It determines that the facility has corrected the violation and has management which is capable of ensuring continued compliance with the applicable statutes, conditions, standards and regulations; or
(2) Improvements are made to correct the violation.
2. If the facility fails to pay any administrative penalty imposed pursuant to paragraph (d) of subsection 1, the Division may:
(a) Suspend the license of the facility until the administrative penalty is paid; and
(b) Collect court costs, reasonable attorneys fees and other costs incurred to collect the administrative penalty.
3. The Division may require any facility that violates any provision of NRS 439B.410 or 449.029 to 449.2428, inclusive, and sections 4 and 5 of this act or any condition, standard or regulation adopted by the Board to make any improvements necessary to correct the violation.
4. Any money collected as administrative penalties pursuant to paragraph (d) of subsection 1 must be accounted for separately and used to administer and carry out the provisions of NRS 449.001 to 449.430, inclusive, and sections 2 to 5, inclusive, of this act, 449.435 to 449.531, inclusive, and chapter 449A of NRS to protect the health, safety, well-being and property of the patients and residents of facilities in accordance with applicable state and federal standards or for any other purpose authorized by the Legislature.
Sec. 13. NRS 449.240 is hereby amended to read as follows:
449.240 The district attorney of the county in which the facility is located shall, upon application by the Division, institute and conduct the
κ2023 Statutes of Nevada, Page 574 (CHAPTER 109, SB 260)κ
prosecution of any action for violation of any provisions of NRS 449.029 to 449.245, inclusive [.] , and sections 4 and 5 of this act.
Sec. 14. NRS 654.190 is hereby amended to read as follows:
654.190 1. The Board may, after notice and an opportunity for a hearing as required by law, impose an administrative fine of not more than $10,000 for each violation on, recover reasonable investigative fees and costs incurred from, suspend, revoke, deny the issuance or renewal of or place conditions on the license of, and place on probation or impose any combination of the foregoing on any licensee who:
(a) Is convicted of a felony relating to the practice of administering a nursing facility or residential facility or of any offense involving moral turpitude.
(b) Has obtained his or her license by the use of fraud or deceit.
(c) Violates any of the provisions of this chapter.
(d) Aids or abets any person in the violation of any of the provisions of NRS 449.029 to 449.2428, inclusive, and sections 4 and 5 of this act as those provisions pertain to a facility for skilled nursing, facility for intermediate care or residential facility for groups.
(e) Violates any regulation of the Board prescribing additional standards of conduct for licensees, including, without limitation, a code of ethics.
(f) Engages in conduct that violates the trust of a patient or resident or exploits the relationship between the licensee and the patient or resident for the financial or other gain of the licensee.
2. If a licensee requests a hearing pursuant to subsection 1, the Board shall give the licensee written notice of a hearing pursuant to NRS 233B.121 and 241.034. A licensee may waive, in writing, his or her right to attend the hearing.
3. The Board may compel the attendance of witnesses or the production of documents or objects by subpoena. The Board may adopt regulations that set forth a procedure pursuant to which the Chair of the Board may issue subpoenas on behalf of the Board. Any person who is subpoenaed pursuant to this subsection may request the Board to modify the terms of the subpoena or grant additional time for compliance.
4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
5. The expiration of a license by operation of law or by order or decision of the Board or a court, or the voluntary surrender of a license, does not deprive the Board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.
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κ2023 Statutes of Nevada, Page 575κ
Senate Bill No. 105Committee on Government Affairs
CHAPTER 110
[Approved: May 31, 2023]
AN ACT relating to the Department of Corrections; making the Department subject to the provisions of Nevada Administrative Procedure Act for purposes of adopting certain regulations; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law enacts the Nevada Administrative Procedure Act, which establishes procedural requirements for the adoption of regulations and adjudication of contested cases by certain agencies of the Executive Department of the State Government. (Chapter 233B of NRS) With certain exceptions, existing law exempts the Department of Corrections from the requirements prescribed by the Act. (NRS 233B.039) Section 1 of this bill revises this exemption and makes the Department of Corrections subject to the Act for the purpose of adopting regulations relating to fiscal policy, correspondence with inmates and visitation with inmates of the Department. Section 4 of this bill provides that the regulations currently adopted by the Department remain in effect until replaced by new regulations adopted by the Department in accordance with the Act.
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 233B.039 is hereby amended to read as follows:
233B.039 1. The following agencies are entirely exempted from the requirements of this chapter:
(a) The Governor.
(b) Except as otherwise provided in subsection 7 and NRS 209.221 and 209.2473, the Department of Corrections.
(c) The Nevada System of Higher Education.
(d) The Office of the Military.
(e) The Nevada Gaming Control Board.
(f) Except as otherwise provided in NRS 368A.140 and 463.765, the Nevada Gaming Commission.
(g) Except as otherwise provided in NRS 425.620, the Division of Welfare and Supportive Services of the Department of Health and Human Services.
(h) Except as otherwise provided in NRS 422.390, the Division of Health Care Financing and Policy of the Department of Health and Human Services.
(i) Except as otherwise provided in NRS 533.365, the Office of the State Engineer.
(j) The Division of Industrial Relations of the Department of Business and Industry acting to enforce the provisions of NRS 618.375.
κ2023 Statutes of Nevada, Page 576 (CHAPTER 110, SB 105)κ
(k) The Administrator of the Division of Industrial Relations of the Department of Business and Industry in establishing and adjusting the schedule of fees and charges for accident benefits pursuant to subsection 2 of NRS 616C.260.
(l) The Board to Review Claims in adopting resolutions to carry out its duties pursuant to NRS 445C.310.
(m) The Silver State Health Insurance Exchange.
(n) The Cannabis Compliance Board.
2. Except as otherwise provided in subsection 5 and NRS 391.323, the Department of Education, the Board of the Public Employees Benefits Program and the Commission on Professional Standards in Education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
3. The special provisions of:
(a) Chapter 612 of NRS for the adoption of an emergency regulation or the distribution of regulations by and the judicial review of decisions of the Employment Security Division of the Department of Employment, Training and Rehabilitation;
(b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;
(c) Chapter 91 of NRS for the judicial review of decisions of the Administrator of the Securities Division of the Office of the Secretary of State; and
(d) NRS 90.800 for the use of summary orders in contested cases,
Κ prevail over the general provisions of this chapter.
4. The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the Department of Health and Human Services in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.
5. The provisions of this chapter do not apply to:
(a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the State Board of Agriculture, the State Board of Health, or any other agency of this State in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control;
(b) An extraordinary regulation of the State Board of Pharmacy adopted pursuant to NRS 453.2184;
(c) A regulation adopted by the State Board of Education pursuant to NRS 388.255 or 394.1694;
(d) The judicial review of decisions of the Public Utilities Commission of Nevada;
(e) The adoption, amendment or repeal of policies by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation pursuant to NRS 426.561 or 615.178;
(f) The adoption or amendment of a rule or regulation to be included in the State Plan for Services for Victims of Crime by the Department of Health and Human Services pursuant to NRS 217.130;
κ2023 Statutes of Nevada, Page 577 (CHAPTER 110, SB 105)κ
(g) The adoption, amendment or repeal of rules governing the conduct of contests and exhibitions of unarmed combat by the Nevada Athletic Commission pursuant to NRS 467.075;
(h) The adoption, amendment or repeal of regulations by the Director of the Department of Health and Human Services pursuant to NRS 447.335 to 447.350, inclusive;
(i) The adoption, amendment or repeal of standards of content and performance for courses of study in public schools by the Council to Establish Academic Standards for Public Schools and the State Board of Education pursuant to NRS 389.520;
(j) The adoption, amendment or repeal of the statewide plan to allocate money from the Fund for a Resilient Nevada created by NRS 433.732 established by the Department of Health and Human Services pursuant to paragraph (b) of subsection 1 of NRS 433.734; or
(k) The adoption or amendment of a data request by the Commissioner of Insurance pursuant to NRS 687B.404.
6. The State Board of Parole Commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
7. The Department of Corrections is subject to the provisions of this chapter for the purpose of adopting regulations relating to fiscal policy, correspondence with inmates and visitation with inmates of the Department of Corrections.
Secs. 2 and 3. (Deleted by amendment.)
Sec. 4. 1. Any current regulations adopted by the Department of Corrections related to fiscal policy, correspondence with inmates and visitation with inmates must remain in effect until regulations are adopted pursuant to chapter 233B of NRS, as amended by section 1 of this act, to replace those regulations, as required pursuant to subsection 2.
2. The Department shall, as soon as practicable, adopt regulations pursuant to chapter 233B of NRS, as amended by section 1 of this act, to replace the current regulations adopted by the Department relating to fiscal policy, correspondence with inmates and visitation with inmates.
Sec. 5. This act becomes effective on July 1, 2023.
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κ2023 Statutes of Nevada, Page 578κ
Senate Bill No. 115Senator Flores
CHAPTER 111
[Approved: May 31, 2023]
AN ACT relating to counties; revising provisions relating to compensatory mitigation for losses of aquatic resources; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing federal law sets forth certain requirements: (1) governing compensatory mitigation for losses of aquatic resources resulting from certain activities governed by section 404 of the federal Clean Water Act, 33 U.S.C. § 1344, including the establishment, use and operation of mitigation banks and in-lieu fee programs; (2) relating to certain Department of the Army permits concerning waters of the United States; and (3) governing disposal sites for dredged or fill material, including specifications for mitigation banks and in-lieu fee programs. (33 C.F.R. Parts 325 and 332, 40 C.F.R. Part 230) Existing state law authorizes a board of county commissioners to: (1) by ordinance establish, use and operate a wetlands mitigation bank in accordance with guidelines set forth in certain federal regulations; and (2) enter into a cooperative agreement with a public agency or nonprofit organization for the operation of the mitigation bank. (NRS 244.388) Section 1 of this bill authorizes a board of county commissioners to also: (1) establish, use and operate an in-lieu fee program for compensatory mitigation in accordance with guidelines set forth in certain federal regulations; and (2) enter into a cooperative agreement with a public agency or nonprofit organization for the establishment, use or operation of the in-lieu fee program.
Section 2 of this bill makes a conforming change to amend a reference to a definition deleted in section 1.
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 244.388 is hereby amended to read as follows:
244.388 1. The board of county commissioners of a county may by ordinance establish, use and operate a [wetlands] mitigation bank or an in-lieu fee program in accordance with the [guidelines] federal regulations set forth in [Federal Guidance for the Establishment, Use and Operation of Mitigation Banks, as issued by the United States Army Corps of Engineers, Environmental Protection Agency, National Resources Conservation Service, Fish and Wildlife Service and National Marine Fisheries Service in 60 Federal Register 58,605 on November 28, 1995.] 33 C.F.R. Parts 325 and 332 and 40 C.F.R. Part 230.
2. A board of county commissioners that establishes a mitigation bank or an in-lieu fee program pursuant to subsection 1 may enter into a cooperative agreement with a public agency or nonprofit organization for the establishment, use or operation of the mitigation bank [.
κ2023 Statutes of Nevada, Page 579 (CHAPTER 111, SB 115)κ
3. As used in this section:
(a) Hydric soil means soil that, in its undrained condition, is saturated, flooded or ponded long enough during a growing season to develop an anaerobic condition that supports the growth and regeneration of hydrophytic vegetation.
(b) Hydrophytic vegetation means a plant growing in:
(1) Water; or
(2) A substrate that is at least periodically deficient in oxygen during a growing season as a result of excessive water content.
(c) Mitigation bank means a system in which the creation, enhancement, restoration or preservation of wetlands is recognized by a regulatory agency as generating compensatory credits allowing the future development of other wetland sites.
(d) Public agency has the meaning ascribed to it in NRS 277.100.
(e) Wetland means land that:
(1) Has a predominance of hydric soil;
(2) Is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and
(3) Under normal circumstances does support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions.] or the in-lieu fee program.
Sec. 2. NRS 482.379185 is hereby amended to read as follows:
482.379185 1. Except as otherwise provided in this subsection and NRS 482.38279, the Department, in cooperation with Nevada Ducks Unlimited or its successor, shall design, prepare and issue license plates for the support of the conservation of wetlands, using any colors and designs that the Department deems appropriate. The Department shall not design, prepare or issue the license plates unless it receives at least 1,000 applications for the issuance of those plates.
2. If the Department receives at least 1,000 applications for the issuance of license plates for the support of the conservation of wetlands, the Department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of the conservation of wetlands if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of the conservation of wetlands pursuant to subsections 3 and 4.
3. The fee for license plates for the support of the conservation of wetlands is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.
4. In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates for the support of the conservation of
κ2023 Statutes of Nevada, Page 580 (CHAPTER 111, SB 115)κ
wetlands must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed pursuant to subsection 5.
5. Except as otherwise provided in NRS 482.38279, the Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Treasurer of Nevada Ducks Unlimited or its successor for use by Nevada Ducks Unlimited or its successor in carrying out:
(a) Projects for the conservation of wetlands that are:
(1) Conducted within Nevada; and
(2) Sponsored or participated in by Nevada Ducks Unlimited or its successor; and
(b) Fundraising activities for the conservation of wetlands that are:
(1) Conducted within Nevada; and
(2) Sponsored or participated in by Nevada Ducks Unlimited or its successor.
6. If, during a registration period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
7. As used in this section, wetland [has the meaning ascribed to it in NRS 244.388.] means land that:
(a) Has a predominance of hydric soil;
(b) Is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and
(c) Under normal circumstances supports a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2023 Statutes of Nevada, Page 581κ
Senate Bill No. 129Senators Krasner, Spearman, Seevers Gansert, Buck, Titus; Dondero Loop, Hansen, D. Harris, Lange, Ohrenschall, Pazina, Scheible and Stone
Joint Sponsors: Assemblywomen Bilbray-Axelrod, Thomas; and Kasama
CHAPTER 112
[Approved: May 31, 2023]
AN ACT relating to civil actions; eliminating the statute of limitations for certain civil actions involving sexual assault; and providing other matters properly relating thereto.
Legislative Counsels Digest:
In general, existing law requires a civil action to recover damages for injuries arising from the wrongful act of another person to be commenced within 2 years after the date on which the wrongful act occurred. (NRS 11.190) Existing law exempts certain civil actions from this requirement, including a civil action to recover damages for sexual abuse or sexual exploitation, if the sexual abuse or exploitation occurred when the plaintiff was less than 18 years of age. For purposes of this exemption, existing law defines sexual abuse to include sexual assault. Therefore, under existing law, a civil action to recover damages for a sexual assault that occurred when the plaintiff was less than 18 years of age may be commenced at any time after the sexual assault occurred. (NRS 11.215) Section 2 of this bill similarly exempts a civil action to recover damages for a sexual assault that occurred when the plaintiff was 18 years of age or older from the generally applicable 2-year statute of limitation prescribed by existing law. Section 1 of this bill provides that a civil action to recover damages for a sexual assault that occurred when the plaintiff was 18 years of age or older may be commenced at any time after the sexual assault occurred.
Section 3 of this bill provides that the changes in this bill apply retroactively to any act constituting sexual assault that occurred when the plaintiff was 18 years of age or older for which a person would be liable, even if the statute of limitations that was in effect at the time of the act has expired, which means that a civil action that would otherwise be time-barred by the former statute of limitations is revived by this bill.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 11 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An action to recover damages for an injury to a person arising from the sexual assault of the plaintiff which occurred when the plaintiff was 18 years of age or older may be commenced against the alleged perpetrator or person convicted of the sexual assault at any time after the sexual assault occurred. In such an action, if the alleged injury to the plaintiff is the result of a series of two or more acts constituting sexual assault, the plaintiff is not required to identify which specific act in the series of acts caused the alleged injury.
κ2023 Statutes of Nevada, Page 582 (CHAPTER 112, SB 129)κ
2. As used in this section, sexual assault has the meaning ascribed to it in NRS 200.366.
Sec. 2. NRS 11.190 is hereby amended to read as follows:
11.190 Except as otherwise provided in NRS 40.4639, 125B.050 and 217.007, actions other than those for the recovery of real property, unless further limited by specific statute, may only be commenced as follows:
1. Within 6 years:
(a) Except as otherwise provided in NRS 62B.420 and 176.275, an action upon a judgment or decree of any court of the United States, or of any state or territory within the United States, or the renewal thereof.
(b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter.
2. Within 4 years:
(a) An action on an open account for goods, wares and merchandise sold and delivered.
(b) An action for any article charged on an account in a store.
(c) An action upon a contract, obligation or liability not founded upon an instrument in writing.
(d) Except as otherwise provided in NRS 11.245, an action against a person alleged to have committed a deceptive trade practice in violation of NRS 598.0903 to 598.0999, inclusive, but the cause of action shall be deemed to accrue when the aggrieved party discovers, or by the exercise of due diligence should have discovered, the facts constituting the deceptive trade practice.
3. Within 3 years:
(a) An action upon a liability created by statute, other than a penalty or forfeiture.
(b) An action for waste or trespass of real property, but when the waste or trespass is committed by means of underground works upon any mining claim, the cause of action shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the waste or trespass.
(c) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof, but in all cases where the subject of the action is a domestic animal usually included in the term livestock, which has a recorded mark or brand upon it at the time of its loss, and which strays or is stolen from the true owner without the owners fault, the statute does not begin to run against an action for the recovery of the animal until the owner has actual knowledge of such facts as would put a reasonable person upon inquiry as to the possession thereof by the defendant.
(d) Except as otherwise provided in NRS 112.230 and 166.170, an action for relief on the ground of fraud or mistake, but the cause of action in such a case shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the fraud or mistake.
(e) An action pursuant to NRS 40.750 for damages sustained by a financial institution or other lender because of its reliance on certain fraudulent conduct of a borrower, but the cause of action in such a case shall be deemed to accrue upon the discovery by the financial institution or other lender of the facts constituting the concealment or false statement.
κ2023 Statutes of Nevada, Page 583 (CHAPTER 112, SB 129)κ
4. Within 2 years:
(a) An action against a sheriff, coroner or constable upon liability incurred by acting in his or her official capacity and in virtue of his or her office, or by the omission of an official duty, including the nonpayment of money collected upon an execution.
(b) An action upon a statute for a penalty or forfeiture, where the action is given to a person or the State, or both, except when the statute imposing it prescribes a different limitation.
(c) An action for libel, slander, assault, battery, false imprisonment or seduction.
(d) An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process.
(e) Except as otherwise provided in NRS 11.215 [,] or section 1 of this act, an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another. The provisions of this paragraph relating to an action to recover damages for injuries to a person apply only to causes of action which accrue after March 20, 1951.
(f) An action to recover damages under NRS 41.740.
5. Within 1 year:
(a) An action against an officer, or officer de facto to recover goods, wares, merchandise or other property seized by the officer in his or her official capacity, as tax collector, or to recover the price or value of goods, wares, merchandise or other personal property so seized, or for damages for the seizure, detention or sale of, or injury to, goods, wares, merchandise or other personal property seized, or for damages done to any person or property in making the seizure.
(b) An action against an officer, or officer de facto for money paid to the officer under protest, or seized by the officer in his or her official capacity, as a collector of taxes, and which, it is claimed, ought to be refunded.
Sec. 3. The amendatory provisions of this act apply retroactively to any act constituting sexual assault as defined in section 1 of this act that occurred before the effective date of this act, regardless of any statute of limitations that was in effect at the time the act constituting sexual assault occurred, including, without limitation, any civil action that would have been barred by the statute of limitations that was in effect before the effective date of this act.
Sec. 4. This act becomes effective upon passage and approval.
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κ2023 Statutes of Nevada, Page 584κ
Senate Bill No. 147Senators Lange; Cannizzaro, Daly, Donate and Flores
CHAPTER 113
[Approved: May 31, 2023]
AN ACT relating to employment; requiring the payment of certain wages and compensation to an employee when an employer places the employee on a certain work status; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law: (1) whenever an employer discharges an employee, the wages and compensation earned and unpaid at the time of the discharge become due and payable immediately; and (2) if an employer fails to pay the wages or compensation within 3 days after the wages or compensation becomes due, the wages and compensation continue at the same rate from the day the employee was discharged until paid or for 30 days, whichever is less. (NRS 608.020, 608.040)
Section 2 of this bill provides that whenever an employer places an employee on nonworking status, the wages earned and unpaid at the time of such placement also become due and payable immediately. As defined for the purposes of section 2, the term nonworking status means the temporary layoff of an employee whereby the employee remains employed and may be called back to work at a future date. The term does not include an employee who an employer: (1) places on suspension pending an investigation; (2) places on suspension pursuant to a disciplinary action; (3) places on-call for available work; or (4) approves to take a leave of absence. Section 3 of this bill provides that if an employer fails to pay the wages of an employee placed on nonworking status within 3 days after the wages become due, the wages also continue at the same rate from the day the employee was placed on nonworking status until paid or for 30 days, whichever is less. Section 1 of this bill makes a conforming change to provide that the term wages includes amounts due to an employee placed on nonworking status.
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 608.012 is hereby amended to read as follows:
608.012 Wages means:
1. The amount which an employer agrees to pay an employee for the time the employee has worked, computed in proportion to time;
2. Commissions owed the employee; and
3. Amounts due to a discharged employee , employee placed on nonworking status pursuant to NRS 608.020 or to an employee who resigns or quits pursuant to NRS 608.040,
Κ but excludes any bonus or arrangement to share profits.
Sec. 2. NRS 608.020 is hereby amended to read as follows:
608.020 1. Whenever an employer discharges an employee, the wages and compensation earned and unpaid at the time of such discharge shall become due and payable immediately.
κ2023 Statutes of Nevada, Page 585 (CHAPTER 113, SB 147)κ
2. Whenever an employer places an employee on a nonworking status, the wages earned and unpaid at the time the employee is placed on nonworking status are due and payable immediately.
3. As used in this section, nonworking status means the temporary layoff of an employee by the employer whereby the employee remains employed and may be called back to work by the employer at a future date. The term does not include an employee who an employer:
(a) Places on suspension pending an investigation relating to employment;
(b) Places on suspension pursuant to a disciplinary action relating to employment;
(c) Places on-call for available work; or
(d) Approves to take a leave of absence.
Sec. 3. NRS 608.040 is hereby amended to read as follows:
608.040 1. If an employer fails to pay:
(a) Within 3 days after the wages or compensation of a discharged employee becomes due; [or]
(b) Within 3 days after the wages of an employee placed on nonworking status pursuant to NRS 608.020 becomes due; or
(c) On the day the wages or compensation is due to an employee who resigns or quits,
Κ the wages or compensation of the employee continues at the same rate from the day the employee resigned, quit or was discharged or placed on nonworking status until paid or for 30 days, whichever is less.
2. Any employee who secretes or absents himself or herself to avoid payment of his or her wages or compensation, or refuses to accept them when fully tendered to him or her, is not entitled to receive the payment thereof for the time he or she secretes or absents himself or herself to avoid payment.
Sec. 4. This act becomes effective on July 1, 2023.
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κ2023 Statutes of Nevada, Page 586κ
Senate Bill No. 164Senators Spearman; Donate, Dondero Loop, D. Harris, Krasner, Neal, Nguyen, Pazina and Scheible
Joint Sponsor: Assemblyman DSilva
CHAPTER 114
[Approved: May 31, 2023]
AN ACT relating to special license plates; revising provisions governing the distribution of fees collected for the issuance or renewal of special license plates indicating support for the Divine Nine; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Department of Motor Vehicles to design, prepare and issue special license plates that indicate support for the Divine Nine, which are a group of historically Black collegiate fraternities and sororities. (NRS 482.37941) Existing law requires the fees collected for the special license plates that are in addition to all other applicable registration and license fees and governmental services taxes to be deposited with the State Treasurer, who must, on a quarterly basis, distribute: (1) 10 percent of the fees to the United Negro College Fund; and (2) the remaining 90 percent of the fees equally among certain chapters or organizations associated with the Divine Nine for the promotion of community awareness and action through educational, economic and cultural service activities within this State. (NRS 482.37941) This bill removes the requirement for the State Treasurer to make distributions to certain chapters or organizations associated with the Divine Nine and, instead, requires that all of the fees collected for the special license plates that are in addition to all other applicable registration and license fees and governmental service taxes be distributed to the Las Vegas Metropolitan Inter-Alumni Council of the United Negro College Fund.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.37941 is hereby amended to read as follows:
482.37941 1. The Department, in cooperation with the Las Vegas Chapter of the National Pan-Hellenic Council, shall design, prepare and issue a license plate that indicates support for the Divine Nine, using any colors that the Department deems appropriate.
2. The Department shall issue license plates that indicate support for the Divine Nine for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that indicate support for the Divine Nine if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that indicate support for the Divine Nine pursuant to subsections 3 and 4.
3. The fee for license plates that indicate support for the Divine Nine is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment to the Department of $10.
κ2023 Statutes of Nevada, Page 587 (CHAPTER 114, SB 164)κ
4. In addition to all other applicable registration and license fees, governmental services taxes and the fee prescribed pursuant to subsection 3, a person who requests a set of license plates that indicate support for the Divine Nine must pay a fee of $25 for the issuance of the plates and a fee of $20 for each renewal of the plates, to be deposited in accordance with subsection 5.
5. Except as otherwise provided in NRS 482.38279, the Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute [:
(a) Ten percent of] the fees deposited pursuant to this subsection to the Las Vegas Metropolitan Inter-Alumni Council of the United Negro College Fund, [Inc.,] or its successor organization, for college scholarships for Nevada residents attending a college in this State . [; and
(b) The remaining 90 percent of the fees deposited pursuant to this subsection to the following organizations in the following manner for the promotion of community awareness and action through educational, economic and cultural service activities within this State:
(1) Ten percent distributed to the Alpha Kappa Alpha Educational Advancement Foundation, Inc.;
(2) Ten percent equally distributed among the Alpha Phi Alpha Fraternity chapters in this State;
(3) Ten percent distributed to the Delta Research and Educational Foundation, Inc.;
(4) Ten percent distributed to the National Iota Foundation, Inc.;
(5) Ten percent distributed to the Western Province of Kappa Alpha Psi Fraternity, Inc.;
(6) Ten percent equally distributed among the Omega Psi Phi Fraternity chapters in this State;
(7) Ten percent distributed to the Western Region of Phi Beta Sigma Fraternity, Inc.;
(8) Ten percent distributed to the Sigma Gamma Rho Sorority National Education Fund, Inc.; and
(9) Ten percent equally distributed among the Zeta Phi Beta Sorority chapters in this State.]
6. If, during a registration period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
7. The Department may accept any gifts, grants and donations or other sources of money for the production and issuance of license plates pursuant to this section. All money received pursuant to this subsection must be deposited in the Revolving Account for the Issuance of Special License Plates created by NRS 482.1805.
8. As used in this section, Divine Nine means the following nine member organizations that compose the National Pan-Hellenic Council:
(a) Alpha Kappa Alpha Sorority, Inc.;
(b) Alpha Phi Alpha Fraternity, Inc.;
(c) Delta Sigma Theta Sorority, Inc.;
κ2023 Statutes of Nevada, Page 588 (CHAPTER 114, SB 164)κ
(d) Iota Phi Theta Fraternity, Inc.;
(e) Kappa Alpha Psi Fraternity, Inc.;
(f) Omega Psi Phi Fraternity, Inc.;
(g) Phi Beta Sigma Fraternity, Inc.;
(h) Sigma Gamma Rho Sorority, Inc.; and
(i) Zeta Phi Beta Sorority, Inc.
Sec. 2. (Deleted by amendment.)
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Senate Bill No. 181Senators Pazina, Hammond, Stone, Krasner; Flores, D. Harris, Lange, Seevers Gansert and Spearman
CHAPTER 115
[Approved: May 31, 2023]
AN ACT relating to economic development; revising certain requirements for approval of partial tax abatements by the Board of Economic Development and the Executive Director of the Office of Economic Development; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, an entity seeking a partial tax abatement of certain taxes must apply to the Office of Economic Development for approval. (NRS 274.310-274.330, 360.750-360.754, 360.889, 360.945) A partial tax abatement is deemed approved by the Office: (1) upon approval by the Board of Economic Development for a partial tax abatement with a projected value to a single entity of $250,000 or more; and (2) upon approval by the Executive Director of the Office for a partial tax abatement with a projected value to a single entity of less than $250,000. (NRS 231.0695) This bill increases the threshold for the projected value of a partial abatement that is deemed approved by the Office: (1) upon approval by the Board of Economic Development from $250,000 or more to $500,000 or more; or (2) upon approval by the Executive Director from less than $250,000 to less than $500,000.
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 231.0695 is hereby amended to read as follows:
231.0695 1. For the purpose of any partial tax abatement which the Office is required or authorized to approve, the Office shall be deemed to have approved the partial tax abatement:
(a) Upon approval by the Board for partial tax abatements with a projected value to a single entity of [$250,000] $500,000 or more; [and] or
(b) Upon approval by the Executive Director for partial tax abatements with a projected value to a single entity of less than [$250,000.] $500,000.
2. For the purposes of this section, projected value means the dollar value of the abatement requested by an entity plus the accumulated value of all tax abatements received by that entity for the immediately preceding 2 years.
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