[Rev. 3/13/2024 9:50:08 AM]
κ2023 Statutes of Nevada, Page 589κ
Senate Bill No. 85Senator Daly
CHAPTER 116
[Approved: May 31, 2023]
AN ACT relating to highways; revising provisions governing the amount of money that the Director of the Department of Transportation must retain under certain highway contracts; revising provisions governing the disbursement of money by a contractor to a subcontractor or supplier; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Director of the Department of Transportation, subject to certain exceptions, to make monthly payments to a contractor who satisfactorily performs any highway improvement or construction in full as the work is completed by the contractor. The payments must not exceed 97.5 percent of the contract price. The Director is required to retain the remaining 2.5 percent of the contract price until certain conditions are met. The Department is required to perform a final inspection of the work completed under a contract for a project of highway improvement or construction. If an inspection discloses that the work was completed satisfactorily, the Department is required to reduce the amount of the contract price retained to not more than $50,000 until the entire contract is completed satisfactorily and accepted by the Director. (NRS 408.383) Section 1 of this bill changes the percentage of the contract price which must be retained by the Director to 5 percent, but not more than $50,000. Section 1 eliminates: (1) the requirement for the Department to perform a final inspection; and (2) the requirement that if a final inspection discloses that the work was completed satisfactorily, the Director reduce the amount of the contract price retained by the Department to not more than $50,000, with any remaining amount to be retained until the contract is completed satisfactorily and accepted by the Director. Section 1 requires instead that the amount of the contract price that is retained be retained until the entire contract is completed satisfactorily and accepted by the Director.
Existing law requires a contractor to disburse money paid to the contractor under a contract for a project of highway improvement or construction to his or her subcontractors and suppliers within a certain amount of time and provides that, if a contractor withholds more than 2.5 percent from such a required payment, the subcontractor or supplier may contact the Director to resolve such a dispute between the contractor and the subcontractor or supplier. (NRS 408.383) Section 1 provides that a subcontractor or supplier may contact the Director to resolve such a dispute if the contractor withholds more than 5 percent of a required payment.
Section 2 of this bill prohibits the retroactive application of the amendatory provisions of this bill to contracts made or awarded by the Department before the effective date of 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. NRS 408.383 is hereby amended to read as follows:
408.383 1. Except as otherwise provided in subsections 2, 11 and 12 , [and 13,] the Director may pay at the end of each calendar month, or as soon thereafter as practicable, to any contractor satisfactorily performing any highway improvement or construction as the work progresses in full for the work as completed but not more than [97.5] 95 percent of the entire contract price. The progress estimates must be based upon materials in place, or on the job site, or at a location approved by the Director, and invoiced, and labor expended thereon.
κ2023 Statutes of Nevada, Page 590 (CHAPTER 116, SB 85)κ
the job site, or at a location approved by the Director, and invoiced, and labor expended thereon. The remaining [2.5] 5 percent , but not more than $50,000, must be retained until the remaining money is disposed of in the manner provided in subsection 3 or [4,] upon satisfactory completion of the entire contract and final acceptance by the Director, as applicable.
2. If the work in progress is being performed on a satisfactory basis, the Director may reduce the percentage retained if the Director finds that sufficient reasons exist for additional payment and has obtained written approval from every surety furnishing bonds for the work. Any remaining money must be retained until such money is disposed of in the manner provided in subsection 3 or [4, as applicable.
3. Upon receiving notice from the contractor of the completion of all work under a contract for a project of highway improvement or construction, the Department shall perform a final inspection of such work. If the final inspection discloses that any work, in whole or in part, is unsatisfactory, the Department will provide the contractor with notice of the deficiencies in such work that require correction before the work will be considered completed satisfactorily. Upon receiving notice from the contractor that any such unsatisfactory work has been corrected, the Department shall conduct another final inspection. If a final inspection discloses that all work under a contract for a project of highway improvement or construction has been completed satisfactorily, the Director shall reduce any money being retained pursuant to subsection 1 to not more than $50,000, not later than 30 days after such final inspection. Any remaining money must be retained until] upon satisfactory completion of the entire contract [is completed satisfactorily and accepted] and final acceptance by the Director.
[4.] 3. If it becomes necessary for the Department to take over the completion of any highway contract or contracts, all of the amounts owing the contractor, including the withheld percentage, must first be applied toward the cost of completion of the contract or contracts. Any balance remaining in the retained percentage after completion by the Department is payable to the contractor or the contractors creditors.
[5.] 4. Such retained percentage as may be due any contractor is due and payable at the expiration of the 30-day period as provided in NRS 408.363 for filing of creditors claims, and this retained percentage is due and payable to the contractor at that time without regard to creditors claims filed with the Department.
[6.] 5. The contractor under any contract made or awarded by the Department, including any contract for the construction, improvement, maintenance or repair of any road or highway or the appurtenances thereto, may, from time to time, withdraw the whole or any portion of the sums otherwise due to the contractor under the contract which are retained by the Department, pursuant to the terms of the contract, if the contractor deposits with the Director:
(a) United States treasury bonds, United States treasury notes, United States treasury certificates of indebtedness or United States treasury bills;
(b) Bonds or notes of the State of Nevada; or
(c) General obligation bonds of any political subdivision of the State of Nevada.
Κ Certificates of deposit must be of a market value not exceeding par, at the time of deposit, but at least equal in value to the amount so withdrawn from payments retained under the contract.
[7.] 6. The Director has the power to enter into a contract or agreement with any national bank, state bank, credit union, trust company or safe deposit company located in the State of Nevada, designated by the contractor after notice to the owner and surety, to provide for the custodial care and servicing of any obligations deposited with the Director pursuant to this section.
κ2023 Statutes of Nevada, Page 591 (CHAPTER 116, SB 85)κ
after notice to the owner and surety, to provide for the custodial care and servicing of any obligations deposited with the Director pursuant to this section. Such services include the safekeeping of the obligations and the rendering of all services required to effectuate the purposes of this section.
[8.] 7. The Director or any national bank, state bank, credit union, trust company or safe deposit company located in the State of Nevada, designated by the contractor to serve as custodian for the obligations pursuant to subsection [7,] 6, shall collect all interest or income when due on the obligations so deposited and shall pay them, when and as collected, to the contractor who deposited the obligation. If the deposit is in the form of coupon bonds, the Director shall deliver each coupon as it matures to the contractor.
[9.] 8. Any amount deducted by the State of Nevada, or pursuant to the terms of a contract, from the retained payments otherwise due to the contractor thereunder, must be deducted first from that portion of the retained payments for which no obligation has been substituted, then from the proceeds of any deposited obligation. In the latter case, the contractor is entitled to receive the interest, coupons or income only from those obligations which remain on deposit after that amount has been deducted.
[10.] 9. A contractor shall disburse money paid to the contractor pursuant to this section, including any interest that the contractor receives, to his or her subcontractors and suppliers within 15 days after receipt of the money in the proportion that the value of the work performed by each subcontractor or the materials furnished by each supplier bears to the total amount of the contract between the principal contractor and the Department.
[11.] 10. Money payable to a subcontractor or supplier accrues interest at a rate equal to the lowest daily prime rate at the three largest banks in the United States on the date the subcontract or order for supplies was executed plus 2 percent, from 15 days after the money was received by the principal contractor until the date of payment.
[12.] 11. If a contractor withholds more than [2.5] 5 percent of a payment required by subsection [10,] 9, the subcontractor or supplier may inform the Director in writing of the amount due. The Director shall attempt to resolve the dispute between the contractor and the subcontractor or supplier within 20 working days after the date that the Director receives notice of the amount due. If the dispute is not resolved within 20 working days after the date that the Director receives notice of the amount due, the contractor shall deposit the disputed amount in an escrow account that bears interest. The contractor, subcontractor or supplier may pursue any legal or equitable remedy to resolve the dispute over the amount due. The Director may not be made a party to any legal or equitable action brought by the contractor, subcontractor or supplier.
[13.] 12. If the Director awards to a railroad company a contract for a project for the construction, reconstruction, improvement or maintenance of a highway and the project is located on property that is owned by or under the control of the railroad company, the Director may agree in the contract not to retain any portion of the contract price.
Sec. 2. The amendatory provisions of section 1 of this act do not apply to any highway contract that is made or awarded by the Department of Transportation before the effective date of this act.
Sec. 3. This act becomes effective upon passage and approval.
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κ2023 Statutes of Nevada, Page 592κ
Senate Bill No. 182Senators Dondero Loop, Spearman; Donate and Lange
Joint Sponsor: Assemblyman Yeager
CHAPTER 117
[Approved: May 31, 2023]
AN ACT relating to motor vehicles; requiring the Director of the Department of Motor Vehicles to accept certain proof of ownership from certain manufacturers of fully autonomous vehicles; exempting certain manufacturers of fully autonomous vehicles from certain requirements relating to franchises and facilities for the repair or maintenance of vehicles; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires generally that a manufacturer of new vehicles that sells its vehicles in this State establish a franchise with a new vehicle dealer for the sale of those vehicles. (NRS 482.36385) Existing law also restricts a manufacturers ownership or operation of a facility for the repair or maintenance of vehicles. (NRS 482.36387) Existing law further exempts manufacturers from such franchise and repair provisions if the manufacturer: (1) only manufactures passenger cars powered solely by one or more electric motors; (2) only sells at retail new or new and used passenger cars that it manufactures; and (3) was selling such passenger cars at retail in this State on or before January 1, 2016. (NRS 482.36349) Section 3 of this bill exempts a manufacturer from existing franchise and repair provisions if the manufacturer: (1) manufactures fully autonomous vehicles in this State that are operated exclusively by an automated driving system; and (2) is selling such fully autonomous vehicles in this State to another legal entity under common control with the manufacturer.
Existing law provides that upon proof of ownership satisfactory to the Director of the Department of Motor Vehicles, the Director shall cause to be issued a certificate of title. (NRS 482.260) Section 1 of this bill provides that if a manufacturer who manufactures fully autonomous vehicles in this State that are operated exclusively by an automated driving system operates one or more of its fully autonomous vehicles for the purpose of providing delivery services, the Director shall accept as proof of ownership the manufacturers certificate of origin or the manufacturers statement of origin issued for the fully autonomous vehicle. Section 4 of this bill makes a conforming change to amend certain internal references to subsections of NRS 482.260 that are amended 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 482.260 is hereby amended to read as follows:
482.260 1. When registering a vehicle, the Department and its agents or a registered dealer shall:
(a) Collect the fees for license plates and registration as provided for in this chapter.
(b) Collect the governmental services tax on the vehicle, as agent for the State and for the county where the applicant intends to base the vehicle for the period of registration, unless the vehicle is deemed to have no base.
κ2023 Statutes of Nevada, Page 593 (CHAPTER 117, SB 182)κ
(c) Collect the applicable taxes imposed pursuant to chapters 372, 374, 377 and 377A of NRS.
(d) Except as otherwise provided in NRS 482.2085, issue a certificate of registration.
(e) If the registration is performed by the Department, issue the regular license plate or plates.
(f) If the registration is performed by a registered dealer, provide information to the owner regarding the manner in which the regular license plate or plates will be made available to the owner.
2. Upon proof of ownership satisfactory to the Director or as otherwise provided in NRS 482.2605, the Director shall cause to be issued a certificate of title as provided in this chapter.
3. For the purposes of subsection 2, if a manufacturer described in paragraph (a) of subsection 2 of NRS 482.36349 operates one or more of its fully autonomous vehicles for the purpose of providing delivery services, the Director shall accept as proof of ownership the manufacturers certificate of origin or the manufacturers statement of origin issued for the fully autonomous vehicle. As used in this paragraph, fully autonomous vehicle has the meaning ascribed to it in NRS 482A.036.
4. Except as otherwise provided in NRS 371.070 and subsections [6,] 7 , [and] 8 [,] and 9, every vehicle being registered for the first time in Nevada must be taxed for the purposes of the governmental services tax for a 12-month period.
[4.] 5. The Department shall deduct and withhold 2 percent of the taxes collected pursuant to paragraph (c) of subsection 1 and remit the remainder to the Department of Taxation.
[5.] 6. A registered dealer shall forward all fees and taxes collected for the registration of vehicles to the Department.
[6.] 7. A trailer being registered pursuant to NRS 482.2065 must be taxed for the purposes of the governmental services tax for a 3-year period.
[7.] 8. A full trailer or semitrailer being registered pursuant to subsection 3 of NRS 482.483 must be taxed for the purposes of the governmental services tax in the amount of $86. The governmental services tax paid pursuant to this subsection is nontransferable and nonrefundable.
[8.] 9. A moped being registered pursuant to NRS 482.2155 must be taxed for the purposes of the governmental services tax for only the 12-month period following the registration. The governmental services tax paid pursuant to this subsection is nontransferable and nonrefundable.
Sec. 2. NRS 482.285 is hereby amended to read as follows:
482.285 1. If any certificate of registration or certificate of title is lost, mutilated or illegible, the person to whom it was issued shall immediately make application for and obtain a duplicate or substitute therefor upon furnishing information satisfactory to the Department and upon payment of the required fees. An applicant who is unable to furnish information satisfactory to the Department that the applicant is entitled to a duplicate or substitute certificate of title pursuant to this subsection may obtain a new certificate of title pursuant to the provisions of NRS 482.2605.
2. If any license plate or plates or any decal is lost, mutilated or illegible, the person to whom it was issued shall immediately make application for and obtain:
(a) A duplicate number plate or a substitute number plate;
(b) A substitute decal; or
(c) A combination of both (a) and (b),
κ2023 Statutes of Nevada, Page 594 (CHAPTER 117, SB 182)κ
Κ as appropriate, upon furnishing information satisfactory to the Department and payment of the fees required by NRS 482.500.
3. If any license plate or plates or any decal is stolen, the person to whom it was issued shall immediately make application for and obtain:
(a) A substitute number plate;
(b) A substitute decal; or
(c) A combination of both (a) and (b),
Κ as appropriate, upon furnishing information satisfactory to the Department and payment of the fees required by NRS 482.500.
4. The Department shall issue duplicate number plates or substitute number plates and, if applicable, a substitute decal, if the applicant:
(a) Returns the mutilated or illegible plates to the Department or signs a declaration that the plates were lost, mutilated or illegible; and
(b) Complies with the provisions of subsection 6.
5. The Department shall issue substitute number plates and, if applicable, a substitute decal, if the applicant:
(a) Signs a declaration that the plates were stolen; and
(b) Complies with the provisions of subsection 6.
6. Except as otherwise provided in this subsection, an applicant who desires duplicate number plates or substitute number plates must make application for renewal of registration. Except as otherwise provided in subsection [7 or] 8 or 9 of NRS 482.260, credit must be allowed for the portion of the registration fee and governmental services tax attributable to the remainder of the current registration period. In lieu of making application for renewal of registration, an applicant may elect to make application solely for:
(a) Duplicate number plates or substitute number plates, and a substitute decal, if the previous license plates were lost, mutilated or illegible; or
(b) Substitute number plates and a substitute decal, if the previous license plates were stolen.
7. An applicant who makes the election described in subsection 6 retains the current date of expiration for the registration of the applicable vehicle and is not, as a prerequisite to receiving duplicate number plates or substitute number plates or a substitute decal, required to:
(a) Submit evidence of compliance with controls over emission; or
(b) Pay the registration fee and governmental services tax attributable to a full period of registration.
Sec. 3. NRS 482.36349 is hereby amended to read as follows:
482.36349 1. Except as otherwise provided in subsection [2,] 3, a manufacturer is not subject to the provisions of NRS 482.36311 to 482.36425, inclusive, if the manufacturer:
(a) Only manufactures passenger cars powered solely by one or more electric motors;
(b) Only sells at retail new or new and used passenger cars that it manufactures; and
(c) Was selling such passenger cars at retail in this State on or before January 1, 2016.
2. Except as otherwise provided in subsection 3, a manufacturer is not subject to the provisions of NRS 482.36311 to 482.36425, inclusive, if the manufacturer:
(a) Manufactures fully autonomous vehicles in this State that are operated exclusively by an automated driving system; and
κ2023 Statutes of Nevada, Page 595 (CHAPTER 117, SB 182)κ
(b) Is selling such fully autonomous vehicles in this State to another legal entity under common control with the manufacturer.
[2.] 3. A manufacturer described in subsection 1 or 2 is subject to the provisions of NRS 482.363574.
4. As used in this section:
(a) Automated driving system has the meaning ascribed to it in NRS 482A.025.
(b) Fully autonomous vehicle has the meaning ascribed to it in NRS 482A.036.
Sec. 4. NRS 482.399 is hereby amended to read as follows:
482.399 1. Upon the transfer of the ownership of or interest in any vehicle by any holder of a valid registration, or upon destruction of the vehicle, the registration expires.
2. Except as otherwise provided in NRS 482.2155 and subsection 3 of NRS 482.483, the holder of the original registration may transfer the registration to another vehicle to be registered by the holder and use the same regular license plate or plates or special license plate or plates issued pursuant to NRS 482.3667 to 482.3823, inclusive, or 482.384, on the vehicle from which the registration is being transferred, if the license plate or plates are appropriate for the second vehicle, upon filing an application for transfer of registration and upon paying the transfer registration fee and the excess, if any, of the registration fee and governmental services tax on the vehicle to which the registration is transferred over the total registration fee and governmental services tax paid on all vehicles from which he or she is transferring ownership or interest. Except as otherwise provided in NRS 482.294, an application for transfer of registration must be made in person, if practicable, to any office or agent of the Department or to a registered dealer, and the license plate or plates may not be used upon a second vehicle until registration of that vehicle is complete.
3. In computing the governmental services tax, the Department, its agent or the registered dealer shall credit the portion of the tax paid on the first vehicle attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the second vehicle or on any other vehicle of which the person is the registered owner. If any person transfers ownership or interest in two or more vehicles, the Department or the registered dealer shall credit the portion of the tax paid on all of the vehicles attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the vehicle to which the registration is transferred or on any other vehicle of which the person is the registered owner. The certificates of registration and unused license plates of the vehicles from which a person transfers ownership or interest must be submitted before credit is given against the tax due on the vehicle to which the registration is transferred or on any other vehicle of which the person is the registered owner.
4. In computing the registration fee, the Department or its agent or the registered dealer shall credit the portion of the registration fee paid on each vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis against the registration fee due on the vehicle to which registration is transferred.
5. If the amount owed on the registration fee or governmental services tax on the vehicle to which registration is transferred is less than the credit on the total registration fee or governmental services tax paid on all vehicles from which a person transfers ownership or interest, the person may apply the unused portion of the credit to the registration of any other vehicle owned by the person.
κ2023 Statutes of Nevada, Page 596 (CHAPTER 117, SB 182)κ
the unused portion of the credit to the registration of any other vehicle owned by the person. Any unused portion of such a credit expires on the date the registration of the vehicle from which the person transferred the registration was due to expire.
6. If the license plate or plates are not appropriate for the second vehicle, the plate or plates must be surrendered to the Department or registered dealer and an appropriate plate or plates must be issued by the Department. The Department shall not reissue the surrendered plate or plates until the next succeeding licensing period.
7. If application for transfer of registration is not made within 60 days after the destruction or transfer of ownership of or interest in any vehicle, the license plate or plates must be surrendered to the Department on or before the 60th day for cancellation of the registration.
8. Except as otherwise provided in subsection 2 of NRS 371.040, NRS 482.2155, subsections [7 and] 8 and 9 of NRS 482.260 and subsection 3 of NRS 482.483, if a person cancels his or her registration and surrenders to the Department the license plates for a vehicle, the Department shall:
(a) In accordance with the provisions of subsection 9, issue to the person a refund of the portion of the registration fee and governmental services tax paid on the vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis; or
(b) If the person does not qualify for a refund in accordance with the provisions of subsection 9, issue to the person a credit in the amount of the portion of the registration fee and governmental services tax paid on the vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis. Such a credit may be applied by the person to the registration of any other vehicle owned by the person. Any unused portion of the credit expires on the date the registration of the vehicle from which the person obtained a refund was due to expire.
9. The Department shall issue a refund pursuant to subsection 8 only if the request for a refund is made at the time the registration is cancelled and the license plates are surrendered, the person requesting the refund is a resident of Nevada, the amount eligible for refund exceeds $100, and evidence satisfactory to the Department is submitted that reasonably proves the existence of extenuating circumstances. For the purposes of this subsection, the term extenuating circumstances means circumstances wherein:
(a) The person has recently relinquished his or her drivers license and has sold or otherwise disposed of his or her vehicle.
(b) The vehicle has been determined to be inoperable and the person does not transfer the registration to a different vehicle.
(c) The owner of the vehicle is seriously ill or has died and the guardians or survivors have sold or otherwise disposed of the vehicle.
(d) Any other event occurs which the Department, by regulation, has defined to constitute an extenuating circumstance for the purposes of this subsection.
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κ2023 Statutes of Nevada, Page 597κ
Senate Bill No. 223Senator D. Harris
CHAPTER 118
[Approved: May 31, 2023]
AN ACT relating to real property; revising certain requirements for the recording of a notice of pendency of an action affecting real property; revising provisions relating to landlords and tenants; revising certain requirements for the sale of real property pursuant to the power of sale under a deed of trust; revising certain definitions; revising requirements for the recording of certain instruments; clarifying the circumstances under which certain claims of a real estate broker are satisfied; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that in an action for the foreclosure of a mortgage upon real property, or affecting the title or possession of real property, a notice of pendency of the action is required to be recorded with the recorder of the county in which the property, or some part thereof, is situated. (NRS 14.010) After such a notice has been recorded with the recorder of the county, existing law authorizes a defendant or, in certain circumstances, a plaintiff, to request a hearing on the notice. (NRS 14.015) Existing law also: (1) sets forth the circumstances under which a court is required to order the cancellation of the notice; and (2) requires a copy of an order of cancellation to be recorded with the recorder of the county. (NRS 14.015, 14.017)
Sections 1 and 4 of this bill require a notice of pendency of the action to be recorded with the recorder of each county in which the affected property, or any part thereof, is situated. Section 2 of this bill authorizes a hearing to be requested on the notice after the notice is recorded, regardless of whether the notice was properly recorded with the recorder of each county in which the property, or any part thereof, is situated. Sections 2 and 3 of this bill require a copy of an order for the cancellation of a notice of pendency of the action to be recorded with the recorder of each county in which the notice was recorded.
Sections 10-13 of this bill revise certain requirements concerning the sale of real property pursuant to a trustees power of sale to clarify the applicability of those requirements with respect to real property that is located in more than one county.
Existing law requires a notice of default and election to sell real property subject to a deed of trust and certain documents relating to the mediation process for owner-occupied housing to be recorded in the office of the recorder of the county wherein the trust property, or some part thereof, is situated. (NRS 107.080, 107.0805, 107.086, 107.0865) Sections 10-13 require such documents to be recorded in the office of the recorder of each county wherein the trust property, or any part thereof, is situated.
Existing law requires a notice of sale of real property pursuant to a trustees power of sale to be posted in a public place and published in a newspaper of general circulation in the county where the property is situated. (NRS 107.080) Section 10 of this bill requires such notice to be posted in a public place and published in a newspaper in each county where the property is situated.
Existing law requires a trustee to, within 30 days after the date of the sale, record the trustees deed upon sale in the office of the county recorder of the county in which the property is located. (NRS 107.080) Section 10 requires a trustees deed upon sale to be recorded in the office of the county recorder of each county in which the property is located.
Existing law defines hazardous substance for the purpose of determining when a secured lender may enter and inspect certain real collateral. (NRS 40.504) Section 6 of this bill removes from that definition a reference to the Uniform Fire Code.
κ2023 Statutes of Nevada, Page 598 (CHAPTER 118, SB 223)κ
Existing law requires any instrument by which any mortgage or deed of trust of, lien upon or interest in real property is subordinated or waived as to priority concerning one or more other mortgages or deeds of trust of, liens upon or interests in real property to be recorded in the office of the recorder of the county in which the property is located. (NRS 106.220) Section 7 of this bill revises that language to clarify the instruments to which that requirement applies.
Existing law establishes provisions governing the effect of a sale of residential property that is not a residential foreclosure on an existing lease or rental agreement. Existing law, in general: (1) provides that an existing lease or rental agreement regarding the property remains in effect; and (2) sets forth the duties and obligations of the new owner and the tenant or subtenant. (NRS 40.255) Sections 5 and 14 of this bill revise and move those provisions from chapter 40 of the Nevada Revised Statutes, which governs certain actions and proceedings concerning property, to chapter 118A of the Nevada Revised Statutes, which is the Residential Landlord and Tenant Act.
Existing law exempts from the provisions of the Residential Landlord and Tenant Act any occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or his or her successor in interest. (NRS 118A.180) Section 15 of this bill similarly exempts from the provisions of the Act any occupancy under an agreement for the purchase and sale of a dwelling unit or the property of which it is a part for a period of 90 days or less, if the occupant is the seller or his or her successor in interest.
Existing law defines surety and surety bond for the purposes of the provisions of existing law governing deeds of trust. (NRS 107.015) Sections 8 and 9 of this bill clarify that those definitions apply only to provisions of existing law setting forth certain procedures for the reconveyance of a deed of trust when the beneficiary cannot be located or refuses to execute and deliver a proper request for reconveyance.
Existing law entitles a real estate broker to a claim upon certain net proceeds from the disposition of commercial real estate for any commission earned by the real estate broker pursuant to a brokerage agreement. (NRS 645.8761) If a real estate broker serves an owner of commercial real estate with notice of a claim for a commission and the owner denies the claim or fails to timely notify the broker, existing law: (1) authorizes the broker to record the notice of the claim in the office of the applicable county recorder; and (2) requires the broker to, within 3 days after the claim is paid or otherwise satisfied, record a written release of that claim. (NRS 645.8765, 645.8775, 645.8801) Section 16 of this bill specifies that a claim is satisfied when an escrow agent who has reserved from an owners net proceeds an amount equal to the amount claimed by the broker in his or her recorded claim deposits that amount with the district court of the county where the claim is recorded.
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 14.010 is hereby amended to read as follows:
14.010 1. In an action for the foreclosure of a mortgage upon real property, or affecting the title or possession of real property, the plaintiff, at the time of filing the complaint, and the defendant, at the time of filing his or her answer, if affirmative relief is claimed in the answer, shall record with the recorder of [the] each county in which the property, or [some] any part thereof, is situated, a notice of the pendency of the action, containing the names of the parties, the object of the action and a description of the property in that county affected thereby, and the defendant shall also in the notice state the nature and extent of the relief claimed in the answer.
κ2023 Statutes of Nevada, Page 599 (CHAPTER 118, SB 223)κ
2. A notice of an action affecting real property which is pending in any United States District Court for the District of Nevada may be recorded and indexed in the same manner and in the same place as provided with respect to actions pending in courts of this state.
3. From the time of recording only, except as otherwise provided in NRS 14.017, the pendency of the action is constructive notice to a purchaser or encumbrancer of the property affected thereby. In case of the foreclosure of the mortgage, all purchasers or encumbrancers, by unrecorded deed or other instrument in writing made before the recording of the notice, and after the date of the mortgage, shall be deemed purchasers or encumbrancers after the recording of the notice, and subject thereto, unless NRS 14.017 is applicable or they can show that, at the time of recording the notice, the plaintiff had actual notice of the purchase or encumbrance.
Sec. 2. NRS 14.015 is hereby amended to read as follows:
14.015 1. After a notice of pendency of an action has been recorded , [with the recorder of the county,] the defendant or, if affirmative relief is claimed in the answer, the plaintiff, may request that the court hold a hearing on the notice, and such a hearing must be set as soon as is practicable, taking precedence over all other civil matters except a motion for a preliminary injunction.
2. Upon 15 days notice, the party who recorded the notice of pendency of the action must appear at the hearing and, through affidavits and other evidence which the court may permit, establish to the satisfaction of the court that:
(a) The action is for the foreclosure of a mortgage upon the real property described in the notice or affects the title or possession of the real property described in the notice;
(b) The action was not brought in bad faith or for an improper motive;
(c) The party who recorded the notice will be able to perform any conditions precedent to the relief sought in the action insofar as it affects the title or possession of the real property; and
(d) The party who recorded the notice would be injured by any transfer of an interest in the property before the action is concluded.
3. In addition to the matters enumerated in subsection 2, the party who recorded the notice must establish to the satisfaction of the court either:
(a) That the party who recorded the notice is likely to prevail in the action; or
(b) That the party who recorded the notice has a fair chance of success on the merits in the action and the injury described in paragraph (d) of subsection 2 would be sufficiently serious that the hardship on him or her in the event of a transfer would be greater than the hardship on the defendant resulting from the notice of pendency,
Κ and that if the party who recorded the notice prevails he or she will be entitled to relief affecting the title or possession of the real property.
4. The party opposing the notice of the pendency of an action may submit counter-affidavits and other evidence which the court permits.
5. If the court finds that the party who recorded the notice of pendency of the action has failed to establish any of the matters required by subsection 2, the court shall order the cancellation of the notice of pendency and shall
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order the party who recorded the notice to record with the recorder of [the] each county in which the notice was recorded a copy of the order of cancellation. The order must state that the cancellation has the same effect as an expungement of the original notice.
6. If the court finds that the party who recorded the notice of pendency of the action has established the matters required by subsection 2, the party opposing the notice may request the court to determine whether a bond in an amount to be determined by the court would provide adequate security for any damages which the party who recorded the notice might incur if the notice were so cancelled and the party opposing the notice did not prevail in the action. If the court determines that a bond would provide adequate security, the party opposing the notice may post a bond or other security in the amount determined by the court. The court shall then order the cancellation of the notice of pendency and shall order the party opposing the notice to record with the recorder of [the] each county in which the notice was recorded a copy of the order of cancellation. The order must state that the cancellation has the same effect as an expungement of the original notice.
Sec. 3. NRS 14.017 is hereby amended to read as follows:
14.017 1. Upon the withdrawal of a notice of the pendency of an action affecting real property, or upon the recordation of a certified copy of a court order for the cancellation of a notice of the pendency of such an action with the recorder of [the] each county in which the notice was recorded, each person who thereafter acquires an interest in the property as a purchaser, transferee, mortgagee or other encumbrancer for a valuable consideration, except a party to the action who is not designated by a fictitious name at the time of the withdrawal or order of cancellation, shall be deemed to be without knowledge of the action or of any matter, claim or allegation contained therein, irrespective of whether the person has or at any time had actual knowledge of the action or of any matter, claim or allegation contained therein.
2. The purpose of this section is to provide for the absolute and complete transferability of real property after the withdrawal or cancellation of a notice of the pendency of an action affecting the property.
Sec. 4. NRS 40.090 is hereby amended to read as follows:
40.090 1. An action may be brought to determine the adverse claims to and clouds upon title to real property by a person who, personally or in combination with the persons predecessors in interest, has been in the actual, exclusive and adverse possession of such property continuously for more than 15 years prior to the filing of the complaint, claiming to own the same in fee, or by any other freehold estate, against the whole world, and who has, personally or through the persons predecessors in interest, paid all taxes of every kind levied or assessed and due against the property during the period of 5 years next preceding the filing of the complaint, except that where clouds upon title to real property have been created by such person, and the action is brought to remove such clouds, or any of them, such period of actual, exclusive and adverse possession of such property shall be for more than 10 years. The action shall be commenced by the filing of a verified complaint averring the matters above enumerated.
2. The complaint must include as defendants in such action, in addition to such persons as appear of record to have some claim, all other persons who are known, or by the exercise of reasonable diligence could be known, to plaintiff to have some claim to an estate, interest, right, title, lien or cloud in or on the land described in the complaint adverse to plaintiffs ownership; and the complaint may also include as defendants any and all other persons, unknown, claiming any estate, right, title, interest or lien in such lands, or cloud upon the title of plaintiff thereto; and the plaintiff may describe such unknown defendants in the complaint as follows: Also all other persons unknown claiming any right, title, estate, lien or interest in the real property described in the complaint adverse to plaintiffs ownership, or any cloud upon plaintiffs title thereto.
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in or on the land described in the complaint adverse to plaintiffs ownership; and the complaint may also include as defendants any and all other persons, unknown, claiming any estate, right, title, interest or lien in such lands, or cloud upon the title of plaintiff thereto; and the plaintiff may describe such unknown defendants in the complaint as follows: Also all other persons unknown claiming any right, title, estate, lien or interest in the real property described in the complaint adverse to plaintiffs ownership, or any cloud upon plaintiffs title thereto.
3. Within 10 days after the filing of the complaint, plaintiff shall file or cause to be filed in the office of the county recorder of [the] each county where the property , or any part thereof, is situated, a notice of the pendency of the action containing the matters required by NRS 14.010.
Sec. 5. NRS 40.255 is hereby amended to read as follows:
40.255 1. Except as otherwise provided in subsections 2 [, 4] and [9,] 7, in any of the following cases, a person who holds over and continues in possession of real property or a mobile home after a 3-day written notice to surrender has been served upon the person may be removed as prescribed in NRS 40.290 to 40.420, inclusive:
(a) Where the property or mobile home has been sold under an execution against the person, or against another person under whom the person claims, and the title under the sale has been perfected;
(b) Where the property or mobile home has been sold upon the foreclosure of a mortgage, or under an express power of sale contained therein, executed by the person, or by another person under whom the person claims, and the title under the sale has been perfected;
(c) Where the property or mobile home has been sold under a power of sale granted by NRS 107.080 to the trustee of a deed of trust executed by the person, or by another person under whom the person claims, and the title under such sale has been perfected; or
(d) Where the property or mobile home has been sold by the person, or by another person under whom the person claims, and the title under the sale has been perfected.
2. [Except as otherwise provided in subsection 4, if the property has been transferred or sold as a residential sale, absent an agreement between the new owner and the tenant to modify or terminate an existing lease:
(a) The new owner has the rights, obligations and liabilities of the previous owner or landlord pursuant to chapter 118A of NRS under the lease or rental agreement which the previous owner or landlord entered into with the tenant or subtenant regarding the property;
(b) The tenant or subtenant continues to have the rights, obligations and liabilities that the tenant or subtenant had pursuant to chapter 118A of NRS under the lease or rental agreement which the tenant or subtenant entered into with the previous owner or landlord regarding the property; and
(c) Upon termination of the previous owners interest in the property by residential transfer or sale, the previous owner shall transfer the security deposit in the manner set forth in paragraph (a) of subsection 1 of NRS 118A.244. The successor has the rights, obligations and liabilities of the former landlord as to any securities which are owed under this section or NRS 118A.242 at the time of transfer.
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3. The new owner pursuant to subsection 2 must provide a notice to the tenant or subtenant within 30 days after the date of the transfer or sale:
(a) Providing the contact information of the new owner to whom rent should be remitted;
(b) Notifying the tenant or subtenant that the lease or rental agreement the tenant or subtenant entered into with the previous owner or landlord of the property continues in effect through the period of the lease term and states the amount held by the new owner for the security deposit; and
(c) Notifying the tenant or subtenant that failure to pay rent to the new owner or comply with any other term of the agreement or applicable law constitutes a breach of the lease or rental agreement and may result in eviction proceedings, including, without limitation, proceedings conducted pursuant to NRS 40.253 and 40.254.
4.] If the property has been sold as a residential foreclosure, a tenant or subtenant in actual occupation of the premises, other than a person whose name appears on the mortgage or deed, who holds over and continues in possession of real property or a mobile home in any of the cases described in paragraph (b) or (c) of subsection 1 may be removed as prescribed in NRS 40.290 to 40.420, inclusive, after receiving a notice of the change of ownership of the real property or mobile home and after the expiration of a notice period beginning on the date the notice was received by the tenant or subtenant and expiring:
(a) For all periodic tenancies with a period of less than 1 month, after not less than the number of days in the period; and
(b) For all other periodic tenancies or tenancies at will, after not less than 60 days.
[5.] 3. During the notice period described in subsection [4:] 2:
(a) The new owner has the rights, obligations and liabilities of the previous owner or landlord pursuant to chapter 118A of NRS under the lease or rental agreement which the previous owner or landlord entered into with the tenant or subtenant regarding the property; and
(b) The tenant or subtenant continues to have the rights, obligations and liabilities that the tenant or subtenant had pursuant to chapter 118A of NRS under the lease or rental agreement which the tenant or subtenant entered into with the previous owner or landlord regarding the property.
[6.] 4. The notice described in subsection [4] 2 must contain a statement:
(a) Providing the contact information of the new owner to whom rent should be remitted;
(b) Notifying the tenant or subtenant that the lease or rental agreement the tenant or subtenant entered into with the previous owner or landlord of the property continues in effect through the notice period described in subsection [4;] 2; and
(c) Notifying the tenant or subtenant that failure to pay rent to the new owner or comply with any other term of the agreement or applicable law constitutes a breach of the lease or rental agreement and may result in eviction proceedings, including, without limitation, proceedings conducted pursuant to NRS 40.253 and 40.254.
[7.] 5. If the property has been sold as a residential foreclosure in any of the cases described in paragraph (b) or (c) of subsection 1, no person may enter a record of eviction for a tenant or subtenant who vacates a property during the notice period described in subsection [4.] 2.
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[8.] 6. If the property has been sold as a residential foreclosure in any of the cases described in paragraphs (b) or (c) of subsection 1, nothing in this section shall be deemed to prohibit:
(a) The tenant from vacating the property at any time before the expiration of the notice period described in subsection [4] 2 without any obligation to the new owner of a property purchased pursuant to a foreclosure sale or trustees sale; or
(b) The new owner of a property purchased pursuant to a foreclosure sale or trustees sale from:
(1) Negotiating a new purchase, lease or rental agreement with the tenant or subtenant; or
(2) Offering a payment to the tenant or subtenant in exchange for vacating the premises on a date earlier than the expiration of the notice period described in subsection [4.] 2.
[9.] 7. This section does not apply to the tenant of a mobile home lot in a mobile home park.
[10.] 8. As used in this section, residential foreclosure means the sale of a single family residence pursuant to NRS 40.430 or under a power of sale granted by NRS 107.080. As used in this subsection, single family residence means a structure that is comprised of not more than four units.
Sec. 6. NRS 40.504 is hereby amended to read as follows:
40.504 Hazardous substance means:
1. An element, compound, mixture, solution, material or substance whose use, possession, transportation, storage, release, discharge or disposal is regulated pursuant to chapter 444, 445A, 445B, 445C, 459, 477 or 618 of NRS ; [or the Uniform Fire Code (1988 edition);]
2. An element, compound, mixture, solution, material or substance designated as a hazardous substance pursuant to 42 U.S.C. § 9602 and an element, compound, mixture, solution, material or substance described in 42 U.S.C. § 9601(14);
3. An element, compound, mixture, solution, material or substance listed as a hazardous waste in, or having the characteristics identified in, 42 U.S.C. § 6921 on January 1, 1993, except any waste for which regulation under the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901 et seq., has been suspended by an act of Congress; and
4. Petroleum, including crude oil or any fraction thereof, natural gas, natural gas liquids, liquefied natural gas, synthetic oil, synthetic gas usable for fuel or any mixture thereof.
Sec. 7. NRS 106.220 is hereby amended to read as follows:
106.220 1. Any instrument by which any mortgage , [or] deed of trust [of,] or lien upon [or interest in] real property is subordinated or waived as to priority concerning one or more other mortgages , [or] deeds of trust [of,] or liens upon [or interests in] real property must be recorded in the office of the recorder of the county in which the property is located, and from the time any of the same are so filed for record operates as constructive notice of the contents thereof to all persons. The instrument is not enforceable in connection with a foreclosure under this chapter or a trustees sale under chapter 107 of NRS unless and until it is recorded.
2. Each such filing or recording must be properly indexed by the recorder.
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Sec. 8. NRS 107.015 is hereby amended to read as follows:
107.015 As used in this chapter:
1. Association and unit-owners association have the meanings ascribed to them in NRS 116.011.
2. Beneficiary means the beneficiary of the deed of trust or the successor in interest of the beneficiary or any person designated or authorized to act on behalf of the beneficiary or its successor in interest.
3. Cooperative has the meaning ascribed to it in NRS 116.031.
4. Facsimile machine means a device which receives and copies a reproduction or facsimile of a document or photograph which is transmitted electronically or telephonically by telecommunications lines.
5. Noncommercial lender means a lender which makes a loan secured by a deed of trust on owner-occupied housing and which is not a bank, financial institution or other entity regulated pursuant to title 55 of NRS.
6. Owner-occupied housing means housing that is occupied by an owner as the owners primary residence. The term does not include vacant land or any time share or other property regulated under chapter 119A of NRS.
7. Person with an interest means any person who has or claims any right, title or interest in, or lien or charge upon, the real property described in a deed of trust, as evidenced by any document or instrument recorded in the office of the county recorder of the county in which any part of the real property is situated.
8. Proprietary lease has the meaning ascribed to it in NRS 116.077.
9. Residential foreclosure means the sale of a single-family residence under a power of sale granted by NRS 107.0805.
10. Sale in lieu of a foreclosure sale has the meaning ascribed to it in NRS 40.429.
11. Single-family residence means a structure that is comprised of not more than four units. The term does not include vacant land or any time share or other property regulated under chapter 119A of NRS.
12. [Surety means a corporation authorized to transact surety business in this State pursuant to NRS 679A.030 that:
(a) Is included in the United States Department of the Treasurys Listing of Approved Sureties; and
(b) Issues a surety bond pursuant to this section that does not exceed the underwriting limitations established for that surety by the United States Department of the Treasury.
13. Surety bond means a bond issued by a surety for the reconveyance of a deed of trust pursuant to this section.
14.] Title insurer has the meaning ascribed to it in NRS 692A.070.
[15.] 13. Trustee means the trustee of record.
[16.] 14. Unit has the meaning ascribed to it in NRS 116.093.
Sec. 9. NRS 107.079 is hereby amended to read as follows:
107.079 1. Whenever the debt or obligation secured by a deed of trust has been paid in full or otherwise satisfied and the current beneficiary of record cannot be located after diligent search as described in subsection 9 or refuses to execute and deliver a proper request to reconvey the estate in real property conveyed to the trustee by the grantor, as required by NRS 107.077, or whenever a balance, including, without limitation, principal and interest, remains due on the debt secured by the deed of trust and the trustor or the trustors successor in interest cannot locate after diligent search the current beneficiary of record, the trustor or the trustors successor in interest may record or cause to be recorded a surety bond that meets the requirements of subsection 2 and a declaration that meets the requirements of subsection 3.
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trustors successor in interest cannot locate after diligent search the current beneficiary of record, the trustor or the trustors successor in interest may record or cause to be recorded a surety bond that meets the requirements of subsection 2 and a declaration that meets the requirements of subsection 3.
2. The surety bond recorded pursuant to subsection 1 must:
(a) Be acceptable to the trustee;
(b) Be issued by a surety authorized to issue surety bonds in this State in an amount equal to the greater of:
(1) Two times the amount of the original obligation or debt secured by the deed of trust plus any principal amounts, including, without limitation, advances, indicated in a recorded amendment thereto; or
(2) One-and-a-half times the total amount computed pursuant to subparagraph (1) plus any accrued interest on that amount;
(c) Be conditioned on payment of any amount which the beneficiary recovers in an action to enforce the obligation or recover the debt secured by the deed of trust, plus costs and reasonable attorneys fees;
(d) Be made payable to the trustee who executes a reconveyance pursuant to subsection 4 and the beneficiary or the beneficiarys successor in interest; and
(e) Contain a statement of:
(1) The recording date and instrument number or book and page number of the recorded deed of trust;
(2) The names of the original trustor and beneficiary;
(3) The amount shown as the original principal amount secured by the deed of trust; and
(4) The recording information and new principal amount shown in any recorded amendment to the deed of trust.
3. The declaration recorded pursuant to subsection 1 must:
(a) Be signed under penalty of perjury by the trustor or the trustors successor in interest;
(b) State that it is recorded pursuant to this section;
(c) State the name of the original trustor;
(d) State the name of the beneficiary;
(e) State the name and address of the person making the declaration;
(f) Except as otherwise provided in subsection 8, contain a statement of the following, whichever is applicable:
(1) That the obligation or debt secured by the deed of trust has been paid in full or otherwise satisfied and the current beneficiary of record cannot be located after diligent search or refuses to execute and deliver a proper request to reconvey the estate in real property conveyed to the trustee by the grantor, as required by NRS 107.077; or
(2) That a balance, including, without limitation, principal and interest, remains due on the debt secured by the deed of trust and the trustor or the trustors successor in interest cannot locate after diligent search the current beneficiary of record;
(g) Contain a statement that the declarant has mailed by certified mail, return receipt requested, to the last known address of the person to whom payments under the deed of trust were made and to the last beneficiary of record at the address indicated for such beneficiary on the instrument creating, assigning or conveying the deed of trust, a notice of the recording of the surety bond and declaration pursuant to this section, of the name and address of the trustee, of the beneficiarys right to record a written objection to the reconveyance of the deed of trust pursuant to this section and of the requirement to notify the trustee in writing of any such objection; and
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address of the trustee, of the beneficiarys right to record a written objection to the reconveyance of the deed of trust pursuant to this section and of the requirement to notify the trustee in writing of any such objection; and
(h) Contain the date of the mailing of any notice pursuant to this section and the name and address of each person to whom such a notice was mailed.
4. Not earlier than 30 days after the recording of the surety bond and declaration pursuant to subsections 1, 2 and 3, delivery to the trustee of the fees charged by the trustee for the preparation, execution or recordation of a reconveyance pursuant to subsection 7 of NRS 107.077, plus costs incurred by the trustee, and a demand for reconveyance under NRS 107.077, the trustee shall execute and record or cause to be recorded a reconveyance of the deed of trust pursuant to NRS 107.077, unless the trustee has received a written objection to the reconveyance of the deed of trust from the beneficiary of record within 30 days after the recording of the surety bond and declaration pursuant to subsections 1, 2 and 3. The recording of a reconveyance pursuant to this subsection has the same effect as a reconveyance of the deed of trust pursuant to NRS 107.077 and releases the lien of the deed of trust. A trustee is not liable to any person for the execution and recording of a reconveyance pursuant to this section if the trustee acted in reliance upon the substantial compliance with this section by the trustor or the trustors successor in interest. The sole remedy for a person damaged by the reconveyance of a deed of trust pursuant to this section is an action for damages against the trustor or the person making the declaration described in subsection 3 or an action against the surety bond.
5. Upon the recording of a reconveyance of the deed of trust pursuant to subsection 4, interest no longer accrues on any balance remaining due under the obligation or debt secured by the deed of trust to the extent that the balance due has been stated in the declaration described in subsection 3. Notwithstanding any provision of chapter 120A of NRS, any amount of the balance remaining due under the obligation or debt secured by the deed of trust, including, without limitation, principal and interest, which is remitted to the issuer of the surety bond described in subsection 2 in connection with the issuance of that surety bond must, if unclaimed within 3 years after remittance, be property that is presumed abandoned for the purposes of chapter 120A of NRS. From the date on which the amount is paid or delivered to the Administrator of Unclaimed Property pursuant to NRS 120A.570, the issuer of the surety bond is relieved of any liability to pay to the beneficiary or his or her heirs or successors in interest the amount paid or delivered to the Administrator.
6. Any failure to comply with the provisions of this section does not affect the rights of a bona fide purchaser or encumbrancer for value.
7. This section shall not be deemed to create an exclusive procedure for the reconveyance of a deed of trust and the issuance of surety bonds and declarations to release the lien of a deed of trust, and shall not affect any other procedures, whether or not such procedures are set forth in statute, for the reconveyance of a deed of trust and the issuance of surety bonds and declaration to release the lien of a deed of trust.
8. For the purposes of this section, the trustor or the trustors successor in interest may substitute the current trustee of record without conferring any duties upon that trustee other than duties which are incidental to the execution of a reconveyance pursuant to this section, if:
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(a) The debt or obligation secured by a deed of trust has been paid in full or otherwise satisfied;
(b) The current trustee of record and the current beneficiary of record cannot be located after diligent search as described in subsection 9;
(c) The declaration filed pursuant to subsection 3:
(1) In addition to the information required to be stated in the declaration pursuant to subsection 3, states that the current trustee of record and the current beneficiary of record cannot be located after diligent search; and
(2) In lieu of the statement required by paragraph (f) of subsection 3, contains a statement that the obligation or debt secured by the deed of trust has been paid in full or otherwise satisfied and the current beneficiary of record cannot be located after diligent search or refuses to execute and deliver a proper request to reconvey the estate in real property conveyed to the trustee by the grantor, as required by NRS 107.077;
(d) The substitute trustee is a title insurer that agrees to accept the substitution, except that this paragraph does not impose a duty on a title insurer to accept the substitution; and
(e) The surety bond required by this section is for a period of not less than 5 years.
9. For the purposes of subsection 1, a diligent search has been conducted if:
(a) A notice stating the intent to record a surety bond and declaration pursuant to this section, the name and address of the trustee, the beneficiarys right to record a written objection to the reconveyance of the deed of trust pursuant to this section and the requirement to notify the trustee in writing of any such objection, has been mailed by certified mail, return receipt requested, to the last known address of the person to whom payments under the deed of trust were made and to the last beneficiary of record at the address indicated for such beneficiary on the instrument creating, assigning or conveying the deed of trust.
(b) A search has been conducted of the telephone directory in the city where the beneficiary of record or trustee of record, whichever is applicable, maintained its last known address or place of business.
(c) If the beneficiary of record or the beneficiarys successor in interest, or the trustee of record or the trustees successor in interest, whichever is applicable, is a business entity, a search has been conducted of the records of the Secretary of State and the records of the agency or officer of the state of organization of the beneficiary, trustee or successor, if known.
(d) If the beneficiary of record or trustee of record is a state or national bank or state or federal savings and loan association or savings bank, an inquiry concerning the location of the beneficiary or trustee has been made to the regulator of the bank, savings and loan association or savings bank.
10. As used in this section:
(a) Surety means a corporation authorized to transact surety business in this State pursuant to NRS 679A.030 that:
(1) Is included in the United States Department of the Treasurys List of Certified Companies; and
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(2) Issues a surety bond pursuant to this section that does not exceed the underwriting limitations established for that surety by the United States Department of the Treasury.
(b) Surety bond means a bond issued by a surety for the reconveyance of a deed of trust pursuant to this section.
Sec. 10. NRS 107.080 is hereby amended to read as follows:
107.080 1. Except as otherwise provided in NRS 106.210, 107.0805, 107.085 and 107.086, if any transfer in trust of any estate in real property is made after March 29, 1927, to secure the performance of an obligation or the payment of any debt, a power of sale is hereby conferred upon the trustee to be exercised after a breach of the obligation for which the transfer is security.
2. The power of sale must not be exercised, however, until:
(a) In the case of any deed of trust coming into force:
(1) On or after July 1, 1949, and before July 1, 1957, the grantor, the person who holds the title of record, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property has, for a period of 15 days, computed as prescribed in subsection 3, failed to make good the deficiency in performance or payment; or
(2) On or after July 1, 1957, the grantor, the person who holds the title of record, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property has, for a period of 35 days, computed as prescribed in subsection 3, failed to make good the deficiency in performance or payment.
(b) The beneficiary, the successor in interest of the beneficiary or the trustee first executes and causes to be recorded in the office of the recorder of [the] each county wherein the trust property, or [some] any part thereof, is situated a notice of the breach and of the election to sell or cause to be sold the property to satisfy the obligation.
(c) The beneficiary or its successor in interest or the servicer of the obligation or debt secured by the deed of trust has instructed the trustee to exercise the power of sale with respect to the property.
(d) Not less than 3 months have elapsed after the recording of the notice.
3. The 15- or 35-day period provided in paragraph (a) of subsection 2 commences on the first day following the day upon which the notice of default and election to sell is recorded in the office of the county recorder of [the] each county in which the property is located and a copy of the notice of default and election to sell is mailed by registered or certified mail, return receipt requested and with postage prepaid to the grantor or, to the person who holds the title of record on the date the notice of default and election to sell is recorded, and, if the property is operated as a facility licensed under chapter 449 of NRS, to the State Board of Health, at their respective addresses, if known, otherwise to the address of the trust property or, if authorized by the parties, delivered by electronic transmission. The notice of default and election to sell must describe the deficiency in performance or payment and may contain a notice of intent to declare the entire unpaid balance due if acceleration is permitted by the obligation secured by the deed of trust, but acceleration must not occur if the deficiency in performance or payment is made good and any costs, fees and expenses incident to the preparation or recordation of the notice and incident to the making good of the deficiency in performance or payment are paid within the time specified in subsection 2.
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preparation or recordation of the notice and incident to the making good of the deficiency in performance or payment are paid within the time specified in subsection 2.
4. The trustee, or other person authorized to make the sale under the terms of the deed of trust, shall, after expiration of the applicable period specified in paragraph (d) of subsection 2 following the recording of the notice of breach and election to sell, and before the making of the sale, give notice of the time and place thereof by recording the notice of sale and by:
(a) Providing the notice to each trustor, any other person entitled to notice pursuant to this section and, if the property is operated as a facility licensed under chapter 449 of NRS, the State Board of Health, by personal service, by electronic transmission if authorized by the parties or by mailing the notice by registered or certified mail to the last known address of the trustor and any other person entitled to such notice pursuant to this section;
(b) Posting a similar notice particularly describing the property, for 20 days successively, in a public place in [the] each county where the property is situated; and
(c) Publishing a copy of the notice three times, once each week for 3 consecutive weeks, in a newspaper of general circulation in [the] each county where the property is situated or, if the property is a time share, by posting a copy of the notice on an Internet website and publishing a statement in a newspaper in the manner required by subsection 3 of NRS 119A.560.
5. Every sale made under the provisions of this section and other sections of this chapter vests in the purchaser the title of the grantor and any successors in interest without equity or right of redemption. Except as otherwise provided in subsection 7, a sale made pursuant to this section must be declared void by any court of competent jurisdiction in the county where the sale took place if:
(a) The trustee or other person authorized to make the sale does not substantially comply with the provisions of this section;
(b) Except as otherwise provided in subsection 6, an action is commenced in the county where the sale took place within 30 days after the date on which the trustees deed upon sale is recorded pursuant to subsection 10 in the office of the county recorder of [the] each county in which the property is located; and
(c) A notice of lis pendens providing notice of the pendency of the action is recorded in the office of the county recorder of [the] each county where the sale took place within 5 days after commencement of the action.
6. If proper notice is not provided pursuant to subsection 3 or paragraph (a) of subsection 4 to the grantor, to the person who holds the title of record on the date the notice of default and election to sell is recorded, to each trustor or to any other person entitled to such notice, the person who did not receive such proper notice may commence an action pursuant to subsection 5 within 90 days after the date of the sale.
7. Upon expiration of the time for commencing an action which is set forth in subsections 5 and 6, any failure to comply with the provisions of this section or any other provision of this chapter does not affect the rights of a bona fide purchaser as described in NRS 111.180.
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8. If, in an action brought by the grantor or the person who holds title of record in the district court in and for [the] any county in which the real property is located, the court finds that the beneficiary, the successor in interest of the beneficiary or the trustee did not comply with any requirement of subsection 2, 3 or 4, the court must award to the grantor or the person who holds title of record:
(a) Damages of $5,000 or treble the amount of actual damages, whichever is greater;
(b) An injunction enjoining the exercise of the power of sale until the beneficiary, the successor in interest of the beneficiary or the trustee complies with the requirements of subsections 2, 3 and 4; and
(c) Reasonable attorneys fees and costs,
Κ unless the court finds good cause for a different award. The remedy provided in this subsection is in addition to the remedy provided in subsection 5.
9. The sale or assignment of a proprietary lease in a cooperative vests in the purchaser or assignee title to the ownership interest and votes in the cooperative association which accompany the proprietary lease.
10. After a sale of property is conducted pursuant to this section, the trustee shall:
(a) Within 30 days after the date of the sale, record the trustees deed upon sale in the office of the county recorder of [the] each county in which the property is located; or
(b) Within 20 days after the date of the sale, deliver the trustees deed upon sale to the successful bidder. Within 10 days after the date of delivery of the deed by the trustee, the successful bidder shall record the trustees deed upon sale in the office of the county recorder of [the] each county in which the property is located.
11. Within 5 days after recording the trustees deed upon sale, the trustee or successful bidder, whoever recorded the trustees deed upon sale pursuant to subsection 10, shall cause a copy of the trustees deed upon sale to be posted conspicuously on the property. The failure of a trustee or successful bidder to effect the posting required by this subsection does not affect the validity of a sale of the property to a bona fide purchaser for value without knowledge of the failure.
12. If the successful bidder fails to record the trustees deed upon sale pursuant to paragraph (b) of subsection 10, the successful bidder:
(a) Is liable in a civil action to any party that is a senior lienholder against the property that is the subject of the sale in a sum of up to $500 and for reasonable attorneys fees and the costs of bringing the action; and
(b) Is liable in a civil action for any actual damages caused by the failure to comply with the provisions of subsection 10 and for reasonable attorneys fees and the costs of bringing the action.
13. The county recorder shall, in addition to any other fee, at the time of recording a notice of default and election to sell collect:
(a) A fee of $150 for deposit in the State General Fund.
(b) A fee of $95 for deposit in the Account for Foreclosure Mediation Assistance, which is hereby created in the State General Fund. The Account must be administered by the Interim Finance Committee and the money in the Account may be expended only for the purpose of:
κ2023 Statutes of Nevada, Page 611 (CHAPTER 118, SB 223)κ
(1) Supporting a program of foreclosure mediation; and
(2) The development and maintenance of an Internet portal for a program of foreclosure mediation pursuant to subsection 16 of NRS 107.086.
(c) A fee of $5 to be paid over to the county treasurer on or before the fifth day of each month for the preceding calendar month. The county recorder may direct that 1.5 percent of the fees collected by the county recorder pursuant to this paragraph be transferred into a special account for use by the office of the county recorder. The county treasurer shall remit quarterly to the organization operating the program for legal services that receives the fees charged pursuant to NRS 19.031 for the operation of programs for the indigent all the money received from the county recorder pursuant to this paragraph.
14. The fees collected pursuant to paragraphs (a) and (b) of subsection 13 must be paid over to the county treasurer by the county recorder on or before the fifth day of each month for the preceding calendar month, and, except as otherwise provided in this subsection, must be placed to the credit of the State General Fund or the Account for Foreclosure Mediation Assistance as prescribed pursuant to subsection 13. The county recorder may direct that 1.5 percent of the fees collected by the county recorder be transferred into a special account for use by the office of the county recorder. The county treasurer shall, on or before the 15th day of each month, remit the fees deposited by the county recorder pursuant to this subsection to the State Controller for credit to the State General Fund or the Account as prescribed in subsection 13.
15. The beneficiary, the successor in interest of the beneficiary or the trustee who causes to be recorded the notice of default and election to sell shall not charge the grantor or the successor in interest of the grantor any portion of any fee required to be paid pursuant to subsection 13.
Sec. 11. NRS 107.0805 is hereby amended to read as follows:
107.0805 1. In addition to the requirements set forth in NRS 107.080, 107.085 and 107.086, the power of sale for a residential foreclosure is subject to the following requirements and conditions and must not be executed until:
(a) In the case of any deed of trust which concerns owner-occupied housing, the grantor, the person who holds the title of record, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property has, for a period that commences in the manner and subject to the requirements described in subsection 2 and expires 5 days before the date of sale, failed to make good the deficiency in performance or payment.
(b) The beneficiary, the successor in interest of the beneficiary or the trustee first executes and causes to be recorded in the office of the recorder of [the] each county wherein the trust property, or [some] any part thereof, is situated a notice of the breach and of the election to sell or cause to be sold the property pursuant to subsection 2 of NRS 107.080, together with a notarized affidavit of authority to exercise the power of sale. The affidavit required by this paragraph must state under penalty of perjury the following information, which must be based on the direct, personal knowledge of the affiant or the personal knowledge which the affiant acquired by a review of the business records of the beneficiary, the successor in interest of the beneficiary or the servicer of the obligation or debt secured by the deed of trust, which business records must meet the standards set forth in NRS 51.135:
κ2023 Statutes of Nevada, Page 612 (CHAPTER 118, SB 223)κ
beneficiary or the servicer of the obligation or debt secured by the deed of trust, which business records must meet the standards set forth in NRS 51.135:
(1) The full name and business address of the current trustee or the current trustees personal representative or assignee, the current holder of the note secured by the deed of trust, the current beneficiary of record and the current servicer of the obligation or debt secured by the deed of trust.
(2) That the beneficiary under the deed of trust, the successor in interest of the beneficiary or the trustee is in actual or constructive possession of the note secured by the deed of trust or that the beneficiary or its successor in interest or the trustee is entitled to enforce the obligation or debt secured by the deed of trust. For the purposes of this subparagraph, if the obligation or debt is an instrument, as defined in subsection 2 of NRS 104.3103, a beneficiary or its successor in interest or the trustee is entitled to enforce the instrument if the beneficiary or its successor in interest or the trustee is:
(I) The holder of the instrument;
(II) A nonholder in possession of the instrument who has the rights of a holder; or
(III) A person not in possession of the instrument who is entitled to enforce the instrument pursuant to a court order issued under NRS 104.3309.
(3) That the beneficiary or its successor in interest, the servicer of the obligation or debt secured by the deed of trust or the trustee, or an attorney representing any of those persons, has sent to the obligor or borrower of the obligation or debt secured by the deed of trust a written statement of:
(I) That amount of payment required to make good the deficiency in performance or payment, avoid the exercise of the power of sale and reinstate the terms and conditions of the underlying obligation or debt existing before the deficiency in performance or payment, as of the date of the statement;
(II) The amount in default;
(III) The principal amount of the obligation or debt secured by the deed of trust;
(IV) The amount of accrued interest and late charges;
(V) A good faith estimate of all fees imposed in connection with the exercise of the power of sale; and
(VI) Contact information for obtaining the most current amounts due and the local or toll-free telephone number described in subparagraph (4).
(4) A local or toll-free telephone number that the obligor or borrower of the obligation or debt may call to receive the most current amounts due and a recitation of the information contained in the affidavit.
(5) The date and the recordation number or other unique designation of, and the name of each assignee under, each recorded assignment of the deed of trust. The information required to be stated in the affidavit pursuant to this subparagraph may be based on:
κ2023 Statutes of Nevada, Page 613 (CHAPTER 118, SB 223)κ
(I) The direct, personal knowledge of the affiant;
(II) The personal knowledge which the affiant acquired by a review of the business records of the beneficiary, the successor in interest of the beneficiary or the servicer of the obligation or debt secured by the deed of trust, which business records must meet the standards set forth in NRS 51.135;
(III) Information contained in the records of the recorder of [the] each county in which the property is located; or
(IV) The title guaranty or title insurance issued by a title insurer or title agent authorized to do business in this State pursuant to chapter 692A of NRS.
2. The period provided in paragraph (a) of subsection 1 commences on the first day following the day upon which the notice of default and election to sell is recorded in the office of the county recorder of [the] each county in which the property is located and a copy of the notice of default and election to sell is mailed by registered or certified mail, return receipt requested and with postage prepaid, to the grantor or to the person who holds the title of record on the date the notice of default and election to sell is recorded, at their respective addresses, if known, otherwise to the address of the trust property or, if authorized by the parties, delivered by electronic transmission. In addition to meeting the requirements set forth in subsection 1 and NRS 107.080, the notice of default and election must:
(a) If the property is subject to the requirements of NRS 107.400 to 107.560, inclusive, contain the declaration required by subsection 6 of NRS 107.510; and
(b) Comply with the provisions of NRS 107.087.
3. In addition to providing notice pursuant to the requirements set forth in subsection 4 of NRS 107.080, the trustee, or other person authorized to make the sale under the terms of the deed of trust with respect to a residential foreclosure, shall, after expiration of the applicable period specified in paragraph (d) of subsection 2 of NRS 107.080, following the recording of the notice of breach and election to sell, and before the making of the sale, comply with the provisions of NRS 107.087.
4. In addition to the grounds provided in paragraph (a) of subsection 5 of NRS 107.080, a sale made pursuant to this section must be declared void by any court of competent jurisdiction in the county where the sale took place if the trustee or other person authorized to make the sale does not substantially comply with any applicable provisions set forth in NRS 107.086 and 107.087, and the applicant otherwise complies with subsection 5 of NRS 107.080.
Sec. 12. NRS 107.086 is hereby amended to read as follows:
107.086 1. Except as otherwise provided in subsection 4 of NRS 107.0865, in addition to the requirements of NRS 107.085, the exercise of the power of sale pursuant to NRS 107.080 with respect to any deed of trust which concerns owner-occupied housing is subject to the provisions of this section.
2. The trustee shall not exercise a power of sale pursuant to NRS 107.080 unless the trustee:
(a) Includes with the notice of default and election to sell which is mailed, or delivered by electronic transmission if authorized by the parties, to the grantor or the person who holds the title of record as required by subsection 3 of NRS 107.080:
κ2023 Statutes of Nevada, Page 614 (CHAPTER 118, SB 223)κ
(1) Contact information which the grantor or the person who holds the title of record may use to reach a person with authority to negotiate a loan modification on behalf of the beneficiary of the deed of trust;
(2) Contact information which the grantor or the person who holds the title of record may use to serve notice as required pursuant to subsection 3 if the grantor or person who holds the title does not elect to waive mediation;
(3) Contact information for at least one local housing counseling agency approved by the United States Department of Housing and Urban Development;
(4) A notice provided by Home Means Nevada, Inc., or its successor organization, indicating that the grantor or the person who holds the title of record may petition the district court to participate in mediation pursuant to this section if he or she files such a petition, pays a $25 filing fee, serves a copy of the petition upon the beneficiary of the deed, Home Means Nevada, Inc., or its successor organization, and the trustee by certified mail, return receipt requested or, if authorized by the parties, by electronic transmission, and pays to the district court his or her share of the fee established pursuant to subsection 12; and
(5) A form upon which the grantor or the person who holds the title of record may indicate an election to waive mediation pursuant to this section and one envelope addressed to the trustee and one envelope addressed to Home Means Nevada, Inc., or its successor organization, which the grantor or the person who holds the title of record may use to comply with the provisions of subsection 3;
(b) In addition to including the information described in paragraph (a) with the notice of default and election to sell which is mailed or delivered by electronic transmission, as applicable, to the grantor or the person who holds the title of record as required by subsection 3 of NRS 107.080, provides to the grantor or the person who holds the title of record the information described in paragraph (a) concurrently with, but separately from, the notice of default and election to sell which is mailed or delivered by electronic transmission, as applicable, to the grantor or the person who holds the title of record as required by subsection 3 of NRS 107.080;
(c) Serves a copy of the notice upon Home Means Nevada, Inc., or its successor organization;
(d) If the owner-occupied housing is located within a common-interest community, notifies the unit-owners association of the common-interest community, not later than 10 days after mailing or delivering by electronic transmission, as applicable, the copy of the notice of default and election to sell as required by subsection 3 of NRS 107.080, that the exercise of the power of sale is subject to the provisions of this section; and
(e) Causes to be recorded in the office of the recorder of [the] each county in which the trust property, or [some] any part thereof, is situated:
(1) The certificate provided to the trustee by Home Means Nevada, Inc., or its successor organization, pursuant to subsection 4 or 7 which provides that no mediation is required in the matter; or
(2) The certificate provided to the trustee by Home Means Nevada, Inc., or its successor organization, pursuant to subsection 8 which provides that mediation has been completed in the matter.
κ2023 Statutes of Nevada, Page 615 (CHAPTER 118, SB 223)κ
3. If the grantor or the person who holds the title of record elects to waive mediation, he or she shall, not later than 30 days after service of the notice in the manner required by NRS 107.080, complete the form required by subparagraph (5) of paragraph (a) of subsection 2 and return the form to the trustee and Home Means Nevada, Inc., or its successor organization, by certified mail, return receipt requested or, if authorized by the parties, by electronic transmission. If the grantor or the person who holds the title of record does not elect to waive mediation, he or she shall, not later than 30 days after the service of the notice in the manner required by NRS 107.080, petition the district court to participate in mediation pursuant to this section, at the time of filing such a petition, pay to the clerk of the court a fee of $25 and his or her share of the fee established pursuant to subsection 12. The grantor or the person who holds the title of record shall serve a copy of the petition, by certified mail, return receipt requested or, if authorized by the parties, by electronic transmission, upon the beneficiary of the deed of trust and Home Means Nevada, Inc., or its successor organization. Upon receipt of the copy of the petition, Home Means Nevada, Inc., or its successor organization, shall notify the trustee and every other person with an interest by certified mail, return receipt requested or, if authorized by the parties, by electronic transmission, of the petition of the grantor or person who holds the title of record to participate in mediation pursuant to this section. Upon receipt of a petition pursuant to this section, the district court shall assign the matter to a senior justice, judge, hearing master or other designee and schedule the matter for mediation. If the grantor or person who holds the title of record satisfies the requirements of this subsection to participate in mediation pursuant to this section, no further action may be taken to exercise the power of sale until the completion of the mediation.
4. If the grantor or the person who holds the title of record indicates on the form described in subparagraph (5) of paragraph (a) of subsection 2 an election to waive mediation, fails to petition the district court pursuant to subsection 3 or fails to pay to the district court his or her share of the fee established pursuant to subsection 12 as required by subsection 3, Home Means Nevada, Inc., or its successor organization, shall, not later than 60 days after Home Means Nevada, Inc., or its successor organization, receives the form indicating an election to waive mediation or 90 days after the service of the notice in the manner required by NRS 107.080, whichever is earlier, provide to the trustee a certificate which provides that no mediation is required in the matter.
5. Each mediation required by this section must be conducted by a senior justice, judge, hearing master or other designee pursuant to the rules adopted pursuant to subsection 12. The beneficiary of the deed of trust or a representative shall attend the mediation. The grantor or his or her representative, or the person who holds the title of record or his or her representative, shall attend the mediation. The beneficiary of the deed of trust shall bring to the mediation the original or a certified copy of the deed of trust, the mortgage note, each assignment of the deed of trust or mortgage note and any documents created in connection with a loan modification. If the beneficiary of the deed of trust is represented at the mediation by another person, that person must have authority to negotiate a loan modification on behalf of the beneficiary of the deed of trust or have access at all times during the mediation to a person with such authority.
κ2023 Statutes of Nevada, Page 616 (CHAPTER 118, SB 223)κ
6. If the beneficiary of the deed of trust or the representative fails to attend the mediation, fails to participate in the mediation in good faith or does not bring to the mediation each document required by subsection 5 or does not have the authority or access to a person with the authority required by subsection 5, the mediator shall prepare and submit to the district court a recommendation concerning the imposition of sanctions against the beneficiary of the deed of trust or the representative. The court may issue an order imposing such sanctions against the beneficiary of the deed of trust or the representative as the court determines appropriate, including, without limitation, requiring a loan modification in the manner determined proper by the court.
7. If the grantor or the person who holds the title of record is enrolled to participate in mediation pursuant to this section but fails to attend the mediation, the district court shall dismiss the petition. Home Means Nevada, Inc., or its successor organization, shall, not later than 30 days after the scheduled mediation, provide to the trustee a certificate which states that no mediation is required in the matter.
8. If the mediator determines that the parties, while acting in good faith, are not able to agree to a loan modification, the mediator shall prepare and submit to the district court a recommendation that the petition be dismissed. The court may dismiss the petition and if the petition is dismissed, transmit a copy of the order of dismissal to Home Means Nevada, Inc., or its successor organization. Home Means Nevada, Inc., or its successor organization, shall, not later than 30 days after receipt of such an order, provide to the trustee a certificate which provides that the mediation required by this section has been completed in the matter.
9. If the parties agree to a loan modification or settlement, the mediator shall notify the district court. Upon receipt of such notification, the court shall enter an order describing the terms of any loan modification or settlement agreement.
10. Upon receipt of the certificate provided to the trustee by Home Means Nevada, Inc., or its successor organization, pursuant to subsection 4, 7 or 8, if the property is located within a common-interest community, the trustee shall, not later than 10 days after receipt of the certificate, notify the unit-owners association of the existence of the certificate.
11. During the pendency of any mediation pursuant to this section, a units owner must continue to pay any obligation, other than any past due obligation.
12. The Supreme Court shall adopt rules necessary to carry out the provisions of this section. The rules must, without limitation, include provisions:
(a) Ensuring that mediations occur in an orderly and timely manner.
(b) Requiring each party to a mediation to provide such information as the mediator determines necessary.
(c) Establishing procedures to protect the mediation process from abuse and to ensure that each party to the mediation acts in good faith.
(d) Establishing a total fee of not more than $500 that may be charged and collected by the district court for mediation services pursuant to this section and providing that the responsibility for payment of the fee must be shared equally by the parties to the mediation. On or before the first Monday of each month, the clerk of the district court shall pay over to the county treasurer an amount equal to $100 of each fee charged and collected pursuant to this paragraph.
κ2023 Statutes of Nevada, Page 617 (CHAPTER 118, SB 223)κ
to this paragraph. The county treasurer shall remit quarterly all such amounts turned over to the county treasurer to the State Controller for deposit to the Account for Foreclosure Mediation Assistance created by paragraph (b) of subsection 13 of NRS 107.080.
(e) Prescribing a form supplied by the district court to file a petition to participate in mediation pursuant to this section.
13. Except as otherwise provided in subsection 15, the provisions of this section do not apply if:
(a) The grantor or the person who holds the title of record has surrendered the property, as evidenced by a letter confirming the surrender or delivery of the keys to the property to the trustee, the beneficiary of the deed of trust or the mortgagee, or an authorized agent thereof; or
(b) A petition in bankruptcy has been filed with respect to the grantor or the person who holds the title of record under chapter 7, 11, 12 or 13 of Title 11 of the United States Code and the bankruptcy court has not entered an order closing or dismissing the case or granting relief from a stay of foreclosure.
14. A noncommercial lender is not excluded from the application of this section.
15. Each mediator who acts pursuant to this section in good faith and without gross negligence are immune from civil liability for those acts.
16. Home Means Nevada, Inc., or its successor organization, shall develop and maintain an Internet portal for a program of foreclosure mediation to streamline the process of foreclosure mediation. Home Means Nevada, Inc., or its successor organization shall:
(a) Make available on the Internet portal the option to receive by electronic transmission any notification required as part of the process of foreclosure mediation;
(b) Require authorization in writing from any party who wants to receive notification by electronic transmission; and
(c) Authorize notification by electronic transmission at each stage of the process of foreclosure mediation.
17. Home Means Nevada, Inc., or its successor organization, shall, at least once each calendar year, submit to the Interim Finance Committee:
(a) A report concerning the program of foreclosure mediation and the operational and financial status of Home Means Nevada, Inc., or its successor organization; and
(b) The annual audit and tax returns of Home Means Nevada, Inc., or its successor organization.
18. As used in this section:
(a) Common-interest community has the meaning ascribed to it in NRS 116.021.
(b) Obligation has the meaning ascribed to it in NRS 116.310313.
(c) Unit-owners association has the meaning ascribed to it in NRS 116.011.
(d) Units owner has the meaning ascribed to it in NRS 116.095.
Sec. 13. NRS 107.0865 is hereby amended to read as follows:
107.0865 1. A mortgagor under a mortgage secured by owner-occupied housing or a grantor or the person who holds the title of record with respect to any deed of trust which concerns owner-occupied housing may initiate mediation to negotiate a loan modification under the mediation process set forth in NRS 107.086 if:
κ2023 Statutes of Nevada, Page 618 (CHAPTER 118, SB 223)κ
(a) A local housing counseling agency approved by the United States Department of Housing and Urban Development certifies that the mortgagor, grantor or person who holds the title of record:
(1) Has a documented financial hardship; and
(2) Is in imminent risk of default; and
(b) The mortgagor, grantor or person who holds the title of record:
(1) Files a petition with the district court indicating an election to enter into mediation pursuant to this section;
(2) At the time of filing such a petition, pays to the clerk of the court a fee of $25;
(3) Pays to the district court his or her share of the fee established pursuant to subsection 12 of NRS 107.086; and
(4) Serves a copy of the petition upon Home Means Nevada, Inc., or its successor organization, and the beneficiary of the deed of trust, by certified mail, return receipt requested or, if authorized by the parties, by electronic transmission.
2. Upon receipt of a copy of a petition pursuant to subsection 1, Home Means Nevada, Inc., or its successor organization, shall notify the mortgage servicer, by certified mail, return receipt requested or, if authorized by the parties, by electronic transmission, of the petition of the mortgagor, grantor or person who holds the title of record to participate in mediation pursuant to this section. Upon receipt of a copy of a petition pursuant to subsection 1, the district court shall assign the matter to a senior justice, judge, hearing master or other designee and schedule the matter for mediation. Home Means Nevada, Inc., or its successor organization, shall notify every other person with an interest by certified mail, return receipt requested or, if authorized by the parties, by electronic transmission, of the petition of the mortgagor, grantor or person who holds the title of record to participate in mediation.
3. Each mediation required by this section must be conducted in conformity with the requirements of subsections 5 and 6 of NRS 107.086.
4. If the mediator determines that the parties, while acting in good faith, are not able to agree to a loan modification, the mediator shall prepare and submit to the district court a recommendation that the petition be dismissed. The court may dismiss the petition and transmit a copy of the order of dismissal to Home Means Nevada, Inc., or its successor organization. Home Means Nevada, Inc., or its successor organization shall, not later than 30 days after receipt of the order of dismissal, provide to the mortgage servicer a certificate which provides that the mediation required by this section has been completed in the matter. If Home Means Nevada, Inc., or its successor organization, provides such a certificate, the requirement for mediation pursuant to NRS 107.086 is satisfied.
5. The certificate provided pursuant to subsection 4 must be in the same form as the certificate provided pursuant to subsection 8 of NRS 107.086, and may be recorded in the office of [the] each county recorder in which the trust property, or [some] any part thereof, is situated. The recording of the certificate in the office of [the] each county recorder in which the trust property, or [some] any part thereof, is situated shall be deemed to be the recording of the certificate required pursuant to subparagraph (2) of paragraph (e) of subsection 2 of NRS 107.086.
κ2023 Statutes of Nevada, Page 619 (CHAPTER 118, SB 223)κ
6. A noncommercial lender is not excluded from the application of this section.
7. Home Means Nevada, Inc., or its successor organization, and each mediator who acts pursuant to this section in good faith and without gross negligence are immune from civil liability for those acts.
8. As used in this section:
(a) Financial hardship means a documented event that would prevent the long-term payment of any debt relating to a mortgage or deed of trust secured by owner-occupied housing, including, without limitation:
(1) The death of the borrower or co-borrower;
(2) Serious illness;
(3) Divorce or separation; or
(4) Job loss or a reduction in pay.
(b) Imminent risk of default means the inability of a grantor or the person who holds the title of record to make his or her mortgage payment within the next 90 days.
Sec. 14. Chapter 118A of NRS is hereby amended by adding thereto a new section to read as follows:
1. If the property in which the premises are located has been voluntarily transferred or sold, absent an agreement between the new owner and the tenant to modify or terminate an existing rental agreement:
(a) The new owner has the rights, obligations and liabilities of the previous owner or landlord pursuant to this chapter under the rental agreement which the previous owner or landlord entered into with the tenant or subtenant regarding the premises;
(b) The tenant or subtenant continues to have the rights, obligations and liabilities that the tenant or subtenant had pursuant to this chapter under the rental agreement which the tenant or subtenant entered into with the previous owner or landlord regarding the premises; and
(c) Upon termination of the previous owners interest in the premises by a voluntary transfer or sale, the previous owner shall transfer the security deposit in the manner set forth in paragraph (a) of subsection 1 of NRS 118A.244. The successor has the rights, obligations and liabilities of the former landlord as to any security deposit which is owed under NRS 118A.242 at the time of transfer.
2. The new owner pursuant to subsection 1 must provide a notice to the tenant or subtenant within 30 days after the date of the transfer or sale:
(a) Providing the contact information of the new owner to whom rent should be remitted;
(b) Notifying the tenant or subtenant that the rental agreement the tenant or subtenant entered into with the previous owner or landlord of the premises continues in effect through the period of the tenancy and stating the amount held by the new owner for the security deposit; and
(c) Notifying the tenant or subtenant that failure to pay rent to the new owner or comply with any other term of the rental agreement or applicable law constitutes a breach of the rental agreement and may result in eviction proceedings, including, without limitation, proceedings conducted pursuant to NRS 40.253 and 40.254.
κ2023 Statutes of Nevada, Page 620 (CHAPTER 118, SB 223)κ
Sec. 15. NRS 118A.180 is hereby amended to read as follows:
118A.180 1. Except as otherwise provided in subsection 2, this chapter applies to, regulates and determines rights, obligations and remedies under a rental agreement, wherever made, for a dwelling unit or premises located within this State.
2. This chapter does not apply to:
(a) A rental agreement subject to the provisions of chapter 118B of NRS;
(b) Low-rent housing programs operated by public housing authorities and established pursuant to the United States Housing Act of 1937, 42 U.S.C. §§ 1437 et seq.;
(c) Residence in an institution, public or private, incident to detention or the provision of medical, geriatric, educational, counseling, religious or similar service;
(d) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or his or her successor in interest;
(e) Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization;
(f) Occupancy in a hotel or motel for less than 30 consecutive days unless the occupant clearly manifests an intent to remain for a longer continuous period;
(g) Occupancy by an employee of a landlord whose right to occupancy is solely conditional upon employment in or about the premises;
(h) Occupancy by an owner of a condominium unit or by a holder of a proprietary lease in a cooperative apartment;
(i) Occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes; [or]
(j) Occupancy by a person who is guilty of a forcible entry, as defined in NRS 40.230, or a forcible detainer, as defined in NRS 40.240 [.] ; or
(k) Occupancy under an agreement for the purchase and sale of a dwelling unit or the property of which it is a part for a period not to exceed 90 days, if the occupant is the seller or his or her successor in interest.
Sec. 16. NRS 645.8801 is hereby amended to read as follows:
645.8801 If a real estate broker records a claim pursuant to the provisions of NRS 645.8775 and that claim is paid or otherwise satisfied pursuant to that section [,] or NRS 645.8785, the real estate broker shall, within 3 days after the claim is paid or otherwise satisfied, record a written release of that claim. The release must be recorded in the office of the county recorder where the claim was recorded.
Sec. 17. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 621κ
Senate Bill No. 243Senators Nguyen, Donate, Krasner; Daly, Dondero Loop, Flores, Lange, Ohrenschall, Pazina, Seevers Gansert, Spearman and Stone
Joint Sponsors: Assemblymen Torres, Dickman, Yeager; Carter, DSilva, Gorelow, Hafen, C.H. Miller, Monroe-Moreno, Nguyen, ONeill and Watts
CHAPTER 119
[Approved: May 31, 2023]
AN ACT relating to catalytic converters; prohibiting certain acts relating to used catalytic converters under certain circumstances; establishing requirements relating to transactions involving used catalytic converters; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 2 of this bill provides that a person commits the offense of theft of a catalytic converter if the person willfully takes or attempts to take possession of, carries away or exercises control over a catalytic converter with the intent to deprive the rightful owner of the catalytic converter. Section 2 also provides that a person commits the offense of possession of a catalytic converter if the person possesses two or more used catalytic converters unless the person is licensed or authorized to possess a used catalytic converter.
Section 3 of this bill prohibits a person from purchasing a used catalytic converter from any person other than: (1) a licensed automobile wrecker; (2) a licensed scrap metal processor; (3) a licensed motor vehicle manufacturer, distributor, dealer or rebuilder; (4) any other business that may reasonably generate, possess or sell used catalytic converters; or (5) a person who possesses certain documentation that proves the person is the lawful owner or possessor of the used catalytic converter.
Section 4 of this bill provides that a person who violates any provision of section 2 or 3 is guilty of: (1) a category E felony, if the violation involves one used catalytic converter; (2) a category D felony, if the violation involves 2 or more, but less than 10, used catalytic converters; and (3) a category C felony, if the violation involves 10 or more used catalytic converters.
Existing law provides certain restrictions on the sale and purchase of scrap metal in this State and includes a catalytic converter in the definition of the term scrap metal. (NRS 647.017, 647.092-647.098) Section 12 of this bill excludes a used catalytic converter from the definition of scrap metal.
Section 8 of this bill prohibits a licensed scrap metal processor from purchasing or receiving a used catalytic converter from any person other than certain licensed businesses or a person possessing certain documentation that proves the person is the lawful owner or possessor of the used catalytic converter.
Existing law requires scrap metal processors to maintain certain records of purchases of scrap metal. (NRS 647.092-647.098) Section 9 of this bill requires scrap metal processors to maintain certain additional information if the scrap metal processor purchases a used catalytic converter from certain licensed businesses or a person who has documentation that proves the person is the lawful owner or possessor of the used catalytic converter. Section 9 also requires a scrap metal processor to: (1) maintain certain records of all used catalytic converters the scrap metal processor sells to another scrap metal processor; (2) maintain certain records related to used catalytic converters for a period of 2 years; and (3) make certain records related to used catalytic converters available to law enforcement upon demand.
κ2023 Statutes of Nevada, Page 622 (CHAPTER 119, SB 243)κ
Existing law authorizes a local law enforcement agency to establish an electronic reporting system, or to utilize an existing electronic reporting system, to receive information relating to the purchase of scrap metal by a scrap metal processor that transacts business within the jurisdiction of the local law enforcement agency. If a law enforcement agency establishes or uses such a system, existing law requires each scrap metal processor that transacts business within the jurisdiction of the local law enforcement agency to submit to the local law enforcement agency certain information relating to each purchase of scrap metal from certain persons. (NRS 647.0945) Section 14 of this bill requires each scrap metal processor to submit electronically to the local law enforcement agency certain additional information if the scrap metal processor purchases a used catalytic converter.
Section 10 of this bill prohibits a scrap metal processor from providing payment for a used catalytic converter to a seller unless: (1) the payment is made by check or through an electronic transfer of money cleared through an automated clearinghouse; (2) the seller is a person described in section 8; and (3) the scrap metal processor obtains certain information, including, without limitation, a statement written by the seller indicating from whom the seller obtained the used catalytic converter. Section 10 provides for an exception to these requirements for a scrap metal processor who holds a certain written agreement with the seller before purchasing a used catalytic converter.
Section 15 of this bill provides that a person who violates any provision of sections 8-10 is guilty of a misdemeanor. Section 15 authorizes a court to also issue an injunction prohibiting the person from engaging in the business of a scrap metal processor. Section 15 also provides that a scrap metal processor who is a natural person and who knowingly violates section 8 or sells a used catalytic converter that the scrap metal processor knows or should know is stolen is guilty of a felony, punishable by a penalty that is similar to the penalties set forth in section 4.
Sections 6 and 7 of this bill define the terms permanently marked and used catalytic converter, respectively, for the purpose of provisions governing scrap metal processors. Section 11 of this bill makes a conforming change to indicate the proper placement of sections 6 and 7 in the Nevada Revised Statutes.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 202 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. A person commits the offense of theft of a catalytic converter if the person willfully takes or attempts to take possession of, carries away or exercises control over a used catalytic converter with the intent to deprive the rightful owner of the catalytic converter.
2. A person commits the offense of possession of a catalytic converter if the person possesses two or more used catalytic converters unless the person is:
(a) An automobile wrecker licensed pursuant to NRS 487.070;
(b) A scrap metal processor licensed pursuant to NRS 647.092 who maintains a fixed place of business and has obtained the used catalytic converter in accordance with the provisions of NRS 647.094 and 647.098;
(c) A motor vehicle manufacturer, distributor, dealer or rebuilder licensed pursuant to NRS 482.325;
(d) Any other business that may reasonably generate, possess or sell used catalytic converters; or
(e) A person possessing documentation that proves the person is the lawful owner or possessor of the used catalytic converter, including, without limitation, a certificate of title or registration that identifies the person as the legal or registered owner of the vehicle from which the used catalytic converter was removed and which includes a vehicle identification number that matches the vehicle identification number permanently marked on the used catalytic converter.
κ2023 Statutes of Nevada, Page 623 (CHAPTER 119, SB 243)κ
person as the legal or registered owner of the vehicle from which the used catalytic converter was removed and which includes a vehicle identification number that matches the vehicle identification number permanently marked on the used catalytic converter.
3. As used in this section:
(a) Permanently marked has the meaning ascribed to it in section 6 of this act.
(b) Used catalytic converter has the meaning ascribed to it in section 7 of this act.
Sec. 3. 1. A person shall not purchase a used catalytic converter for any purpose, including, without limitation, to dismantle, recycle or smelt, unless the person purchases the used catalytic converter from:
(a) An automobile wrecker licensed pursuant to NRS 487.070;
(b) A scrap metal processor licensed pursuant to NRS 647.092 who maintains a fixed place of business and has obtained the used catalytic converter in accordance with the provisions of NRS 647.094 and 647.098;
(c) A motor vehicle manufacturer, distributor, dealer or rebuilder licensed pursuant to NRS 482.325;
(d) Any other business that may reasonably generate, possess or sell used catalytic converters; or
(e) A person possessing documentation that proves the person is the lawful owner or possessor of the used catalytic converter, including, without limitation, a certificate of title or registration that identifies the person as the legal or registered owner of the vehicle from which the used catalytic converter was removed and which includes a vehicle identification number that matches the vehicle identification number permanently marked on the used catalytic converter.
2. As used in this section:
(a) Permanently marked has the meaning ascribed to it in section 6 of this act.
(b) Used catalytic converter has the meaning ascribed to it in section 7 of this act.
Sec. 4. A person who violates any provision of section 2 or 3 of this act is guilty of:
1. If the violation involves one used catalytic converter, a category E felony and shall be punished as provided in NRS 193.130.
2. If the violation involves 2 or more, but less than 10, used catalytic converters, a category D felony and shall be punished as provided in NRS 193.130.
3. If the violation involves 10 or more used catalytic converters, a category C felony and shall be punished as provided in NRS 193.130.
Sec. 5. Chapter 647 of NRS is hereby amended by adding thereto the provisions set forth as sections 6 to 10, inclusive, of this act.
Sec. 6. Permanently marked means prominently engraved, etched, welded, metal-stamped, acid-marked or otherwise permanently displayed using a similarly reliable method of imparting a lasting mark on the exterior case of a used catalytic converter.
Sec. 7. Used catalytic converter means a catalytic converter or any part thereof that has been previously installed on a vehicle and has been removed. The term does not include a reconditioned or refurbished catalytic converter being sold at retail.
Sec. 8. A person who is authorized to purchase or otherwise receive a used catalytic converter pursuant to subsection 1 of NRS 647.0172 shall not purchase or otherwise receive a used catalytic converter for any purpose, including, without limitation, to dismantle, recycle or smelt, unless the person purchases or receives the used catalytic converter from:
κ2023 Statutes of Nevada, Page 624 (CHAPTER 119, SB 243)κ
not purchase or otherwise receive a used catalytic converter for any purpose, including, without limitation, to dismantle, recycle or smelt, unless the person purchases or receives the used catalytic converter from:
1. An automobile wrecker licensed pursuant to NRS 487.070;
2. A scrap metal processor licensed pursuant to NRS 647.092 who maintains a fixed place of business and has obtained the used catalytic converter in accordance with the provisions of NRS 647.094 and 647.098;
3. A motor vehicle manufacturer, distributor, dealer or rebuilder licensed pursuant to NRS 482.325;
4. Any other business that may reasonably generate, possess or sell used catalytic converters; or
5. A person possessing documentation that proves the person is the lawful owner or possessor of the used catalytic converter, including, without limitation, a certificate of title or registration that identifies the person as the legal or registered owner of the vehicle from which the used catalytic converter was removed and which includes a vehicle identification number that matches the vehicle identification number permanently marked on the used catalytic converter.
Sec. 9. 1. Except as otherwise provided in subsections 2 and 3, every scrap metal processor shall maintain in his or her place of business a book or other permanent record in which must be made, at the time of each purchase of a used catalytic converter, a record of the purchase that contains:
(a) The place and date of the purchase.
(b) The name of the seller and the sellers valid drivers license number or valid identification card number and the state of issue.
(c) A general description of the vehicle delivering the used catalytic converter, including, without limitation, the state of the registration of the vehicle.
(d) A description of the used catalytic converter purchased, including, without limitation, the item type, quantity and vehicle identification number of the used catalytic converter.
(e) A description of the vehicle from which the used catalytic converter was removed, including, without limitation:
(1) The year, make, model and vehicle identification number of the vehicle; and
(2) If applicable, a copy of the title of the vehicle which includes a vehicle identification number that matches the vehicle identification number permanently marked on the used catalytic converter.
(f) A statement written by the seller indicating:
(1) That the seller is the lawful owner or possessor of the used catalytic converter; or
(2) The name of the person from which the seller obtained the used catalytic converter, including, if applicable, the name of the business as shown on a signed transfer document.
(g) The price paid by the scrap metal processor for the used catalytic converter.
(h) If the seller is a business entity, other than a scrap metal processor:
(1) The sellers physical business address;
(2) The sellers business telephone number; and
(3) The sellers business license number or tax identification number of the business.
κ2023 Statutes of Nevada, Page 625 (CHAPTER 119, SB 243)κ
2. A scrap metal processor who purchases a used catalytic converter from a business entity that holds a written agreement with another business that sells used catalytic converters for recycling purposes is required to maintain in his or her place of business a book or other permanent record in which must be made, at the time of each purchase, a record of the purchase that contains:
(a) The name of the seller or agent acting on behalf of the seller.
(b) The sellers physical business address and business telephone number.
(c) The sellers business license number or tax identification number.
(d) The date and place of the transaction.
(e) The number of used catalytic converters received in the course of the transaction.
(f) The amount of money that was paid for each used catalytic converter in the course of the transaction.
(g) A copy of the written agreement.
3. A scrap metal processor who sells a used catalytic converter to another scrap metal processor shall maintain in his or her place of business a book or other permanent record in which must be made, at the time of each sale, a record of the sale that contains:
(a) The name and address of each person to whom each used catalytic converter is sold.
(b) The number of used catalytic converters being sold.
(c) The amount of money that was received for each used catalytic converter sold in the transaction.
(d) The date and place of the transaction.
4. All records kept pursuant to subsections 1, 2 and 3 must be kept and maintained for not less than 2 years.
5. All used catalytic converters purchased by the scrap metal processor and the records made and maintained in accordance with subsections 1 to 4, inclusive, must be made available at all times to a local law enforcement agency upon demand.
Sec. 10. 1. Except as otherwise provided in subsection 2, a scrap metal processor shall not provide payment for a used catalytic converter unless:
(a) The payment is made by check or through an electronic transfer of money cleared through an automated clearinghouse;
(b) The seller is a person described in section 8 of this act; and
(c) The scrap metal processor obtains:
(1) A clear photograph or video of the:
(I) Seller at the time of the sale;
(II) Used catalytic converter being sold; and
(III) If applicable, the vehicle identification number permanently marked on the used catalytic converter;
(2) A copy of the sellers valid drivers license containing the photograph and address of the seller, or a copy of a state or federal government-issued identification card containing the photograph and address of the seller; and
(3) A statement written by the seller indicating:
(I) That the seller is the lawful owner or possessor of the used catalytic converter; or
κ2023 Statutes of Nevada, Page 626 (CHAPTER 119, SB 243)κ
(II) The name of the person from whom the seller obtained the used catalytic converter, including, if applicable, the name of the business as shown on a signed transfer document.
2. The provisions of subsection 1 do not apply to a scrap metal processor who buys a used catalytic converter if the scrap metal processor and the seller have a written agreement for the transaction which includes:
(a) A log or other regularly updated record of all used catalytic converters received pursuant to the agreement; and
(b) A description of each catalytic converter with enough particularity so that each of the used catalytic converters in the scrap metal processors inventory can reasonably be matched to its description in the agreement.
Sec. 11. NRS 647.010 is hereby amended to read as follows:
647.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 647.011 to 647.018, inclusive, and sections 6 and 7 of this act have the meanings ascribed to them in those sections.
Sec. 12. NRS 647.017 is hereby amended to read as follows:
647.017 1. Scrap metal means [:
(a) Nonferrous] nonferrous metals, scrap iron, stainless steel or other material or equipment which consists in whole or in part of metal and which is used in construction, agricultural operations, electrical power generation, transmission or distribution, cable, broadband or telecommunications transmission, railroad equipment, oil well rigs or any lights maintained by the State or a local government, including, without limitation, street lights, traffic-control devices, park lights or ballpark lights . [; and
(b) Catalytic converters.]
2. The term does not include waste generated by a household, aluminum beverage containers, used construction scrap iron , [or] materials consisting of a metal product in its original manufactured form which contains not more than 20 percent by weight nonferrous metal [.] or used catalytic converters.
Sec. 13. NRS 647.0172 is hereby amended to read as follows:
647.0172 Scrap metal processor means any person who:
1. Engages in the business of purchasing, trading, bartering or otherwise receiving scrap metal [;] or used catalytic converters; or
2. Uses machinery and equipment for processing and manufacturing iron, steel or nonferrous scrap into prepared grades, and whose principal product is scrap iron, scrap steel or nonferrous metallic scrap, not including precious metals, for sale for remelting purposes.
Sec. 14. NRS 647.0945 is hereby amended to read as follows:
647.0945 1. A local law enforcement agency may establish an electronic reporting system or utilize an existing electronic reporting system to receive information relating to the purchase of scrap metal or used catalytic converters by a scrap metal processor that transacts business within the jurisdiction of the local law enforcement agency. An electronic reporting system established or utilized pursuant to this subsection must:
(a) Be electronically secure and accessible only to:
(1) A scrap metal processor for the purpose of submitting the information required by subsection 2;
(2) An officer of the local law enforcement agency; and
(3) If applicable, an authorized employee of any designated third party.
(b) Provide for the electronic submission of information by a scrap metal processor.
2. If a local law enforcement agency establishes an electronic reporting system or utilizes an existing electronic reporting system pursuant to subsection 1, each scrap metal processor that transacts business within the jurisdiction of the local law enforcement agency shall, before 12 p.m.
κ2023 Statutes of Nevada, Page 627 (CHAPTER 119, SB 243)κ
subsection 1, each scrap metal processor that transacts business within the jurisdiction of the local law enforcement agency shall, before 12 p.m. of each business day, submit electronically to the local law enforcement agency or, if applicable, a designated third party the following information regarding [each] :
(a) Each purchase of scrap metal conducted on the preceding day from a person who sold the scrap metal in his or her individual capacity:
[(a)] (1) The name of the seller;
[(b)] (2) The date of the purchase;
[(c)] (3) The name of the person or employee who conducted the transaction on behalf of the scrap metal processor;
[(d)] (4) The name, street, house number and date of birth listed on the identification provided pursuant to paragraph (c) of subsection 1 of NRS 647.094 and a physical description of the seller, including the sellers gender, height, eye color and hair color;
[(e)] (5) The license number and general description of any vehicle that delivered the scrap metal;
[(f)] (6) The description of the scrap metal recorded pursuant to paragraph (h) of subsection 1 of NRS 647.094; [and
(g)] (7) The amount, in weight, of scrap metal purchased [.] ; and
(b) Each purchase of a used catalytic converter conducted on the preceding day from a person who sold the used catalytic converter in his or her individual capacity:
(1) A statement written by the seller indicating:
(I) That the seller is the lawful owner or possessor of the used catalytic converter; or
(II) The name of the person from whom the seller obtained the used catalytic converter, including, if applicable, the name of the business as shown on a signed transfer document;
(2) If applicable, a copy of the title of the vehicle from which the used catalytic converter was removed which includes a vehicle identification number that matches the vehicle identification number permanently marked on the used catalytic converter;
(3) The year, make, model and vehicle identification number of the vehicle from which the used catalytic converter was removed; and
(4) A description of the used catalytic converter purchased or sold, including, without limitation, the item type, quantity and vehicle identification number permanently marked on the used catalytic converter.
3. If a scrap metal processor is required to submit information to a local law enforcement agency or, if applicable, a designated third party pursuant to subsection 2, the scrap metal processor shall display prominently at the point of purchase a public notice, in a form approved by the local law enforcement agency, describing the information that the scrap metal processor is required to submit electronically to the local law enforcement agency or, if applicable, the designated third party.
4. Nothing in this section shall be deemed to limit or otherwise abrogate any duty of a scrap metal processor to maintain a book or other permanent record of information pursuant to NRS 647.094.
5. If a local law enforcement agency establishes an electronic reporting system or utilizes an existing electronic reporting system to receive information pursuant to this section, the local law enforcement agency shall, on or before January 15 of each odd-numbered year, submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report regarding the effect of the electronic reporting system on the incidence of crime which relates to the sale or purchase of scrap metal or used catalytic converters within the jurisdiction of the law enforcement agency.
κ2023 Statutes of Nevada, Page 628 (CHAPTER 119, SB 243)κ
regarding the effect of the electronic reporting system on the incidence of crime which relates to the sale or purchase of scrap metal or used catalytic converters within the jurisdiction of the law enforcement agency.
6. [The] Except as otherwise provided in paragraph (b) of subsection 2, the provisions of this section do not apply to the purchase of scrap metal or a used catalytic converter from a business entity.
7. The Division of Industrial Relations of the Department of Business and Industry shall, in consultation with representatives from local law enforcement agencies in this state and representatives from the scrap metal industry, adopt regulations to ensure the confidentiality of information which is reported and maintained pursuant to this section, including, without limitation, regulations providing for:
(a) The confidentiality of consumer information;
(b) The confidentiality of proprietary information;
(c) Equity of input into contractual terms;
(d) Contractual terms relating to disclaimers, indemnification and the ownership of data by a designated third party;
(e) Oversight of a designated third party that handles, maintains or has access to such information, including, without limitation, the qualifications, equipment, procedures and background checks required of a designated third party;
(f) The manner in which reported information may be used, shared or disseminated; and
(g) The maintenance of reported information in relationship to other data maintained by a law enforcement agency.
8. As used in this section, designated third party means any person with whom a local law enforcement agency has entered into a contract for the purpose of receiving and storing any information required to be submitted electronically by a scrap metal processor pursuant to subsection 2.
Sec. 15. NRS 647.143 is hereby amended to read as follows:
647.143 1. [Unless] Except as otherwise provided in subsection 3 and unless a greater penalty is provided pursuant to specific statute, a person who violates any provision of NRS 647.094, 647.096 or 647.098 or section 8, 9 or 10 of this act is guilty of a misdemeanor.
2. In addition to the provisions of subsections 1 and 3, the court may issue an injunction prohibiting a person from engaging in the business of a scrap metal processor:
(a) For the first or second offense, for a period of not less than 30 days.
(b) For a third or subsequent offense, for a period of 1 year.
3. Any scrap metal processor who is a natural person and who knowingly violates section 8 of this act or who sells any used catalytic converter that the scrap metal processor knows or should know is a stolen catalytic converter, is guilty of:
(a) If the violation involves one used catalytic converter, a category E felony and shall be punished as provided in NRS 193.130.
(b) If the violation involves 2 or more, but less than 10, used catalytic converters, a category D felony and shall be punished as provided in NRS 193.130.
(c) If the violation involves 10 or more used catalytic converters, a category C felony and shall be punished as provided in NRS 193.130.
________
κ2023 Statutes of Nevada, Page 629κ
Senate Bill No. 247Committee on Government Affairs
CHAPTER 120
[Approved: May 31, 2023]
AN ACT relating to regional planning; eliminating, in certain counties, the requirement for a regional transportation commission and a local air pollution control board to consult with a regional planning coalition on certain plans, policies and programs and conduct certain hearings; authorizing, rather than requiring, the establishment of a regional planning coalition in certain counties; revising the authority, powers and duties of such a regional planning coalition; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the board of county commissioners and the city council of each of at least the three largest cities in a county whose population is 700,000 or more (currently only Clark County) to establish a regional planning coalition by cooperative agreement. (NRS 278.02514) Section 2 of this bill provides instead that such board of county commissioners and city councils may establish a regional planning coalition by cooperative agreement.
Existing law requires the regional planning coalition in a county whose population is 700,000 or more (currently only Clark County) to develop a comprehensive regional policy plan and sets forth certain requirements for the development of such plan. (NRS 278.02528) Section 3 of this bill provides that these provisions apply if the regional planning coalition is established.
Existing law requires a planning commission or governing body that is required to prepare and adopt a master plan to develop and include in that plan an aboveground utility plan, which must, in a county whose population is 700,000 or more (currently only Clark County), conform with the comprehensive regional policy plan. (NRS 278.165) Section 13 of this bill provides that the aboveground utility plan must conform with the comprehensive regional policy plan if the regional planning coalition develops a comprehensive regional policy plan.
Existing law requires the regional planning coalition in a county whose population is 700,000 or more (currently only Clark County) to study and develop methods to provide incentives for certain types of development. (NRS 278.02535) Section 4 of this bill provides that these provisions apply if the regional planning coalition is established.
Existing law authorizes the regional planning coalition in a county whose population is 700,000 or more (currently only Clark County) to: (1) coordinate sources of information; (2) recommend measures to increase the efficiency of governmental entities and services; (3) make recommendations regarding the disposal of federal land; (4) establish methods for resolving issues related to annexation, boundaries and other matters that arise between jurisdictions; (5) at least every 5 years review certain plans; (6) develop and recommend, to the extent practicable, standardized classifications for land use; (7) consider and take necessary action with respect to certain issues; (8) review, consider and make recommendations regarding applications to the Federal Government and applications for certain federal assistance; and (9) designate allowable future land uses for each part of the county. (NRS 278.02542) Section 5 of this bill provides that these provisions apply if the regional planning coalition is established.
Existing law requires, in a county whose population is 700,000 or more (currently only Clark County) each governing body, regional agency, state agency or public utility that is located in whole or in part within the region to, at least every 5 years, submit to the regional planning coalition for its review all master plans, facilities plans and other similar plans. (NRS 278.02549) Section 6 of this bill provides instead that if the regional planning coalition is established, the coalition may require each governing body that is located in whole or in part within the region to submit to the coalition for its review all master plans, facilities plans and other similar plans.
κ2023 Statutes of Nevada, Page 630 (CHAPTER 120, SB 247)κ
that if the regional planning coalition is established, the coalition may require each governing body that is located in whole or in part within the region to submit to the coalition for its review all master plans, facilities plans and other similar plans.
Existing law prohibits, with certain exceptions, in a county whose population is 700,000 or more (currently only Clark County), a governing body, regional agency, state agency or public utility that is located in whole or in part within the region from adopting a master plan, facilities plan or other similar plan, or an amendment thereto, after March 1, 2001, unless the regional planning coalition has been afforded an opportunity to make recommendations regarding the plan or amendment. (NRS 278.02556) Section 7 of this bill provides instead that, if a such a regional planning coalition is established and such coalition requires a governing body that is located in whole or in part within the region to submit a master plan, facilities plan or similar plan to the coalition, the governing body is prohibited from adopting such plan or an amendment thereto unless the coalition has been afforded the opportunity to make recommendations.
Existing law requires the regional planning coalition in a county whose population is 700,000 or more (currently only Clark County) to annually prepare, adopt and submit a budget to the local governments in the region. (NRS 278.02563) Section 8 of this bill provides that this requirement applies if the regional planning coalition is established.
Existing law authorizes the regional planning coalition in a county whose population is 700,000 or more (currently only Clark County) to employ persons or contract for certain services. (NRS 278.0257) Section 9 of this bill provides that this authority applies if the regional planning coalition is established.
Existing law requires, at least every 5 years, the regional planning coalition in a county whose population is 700,000 or more (currently only Clark County) to review plans of public entities for conformance with the comprehensive regional policy plan and sets forth a procedure if the coalition determines that the plans of public entities are in conformance or nonconformance. (NRS 278.02577) Section 10 of this bill provides instead that the regional planning coalition reviews such plans if the coalition has been established. Section 10 further eliminates the existing procedures for the regional planning coalition to review such plans and instead authorizes a coalition to establish policies, rules and procedures to carry out the review of such plans.
Existing law requires, in a county whose population is 700,000 or more (currently only Clark County), the regional transportation commission, regional planning coalition and the local air pollution control board to consult with each other to ensure that certain plans, policies and programs are consistent to the greatest extent possible. (NRS 277A.350, 278.02584, 445B.503) Sections 1 and 14 of this bill eliminate: (1) the requirement for the regional transportation commission and local air pollution control board to consult with the regional planning coalition on such plans, policies and programs; and (2) the requirement for the regional transportation commission and local air pollution control board to conduct hearings to solicit certain public comment. Section 11 of this bill provides that if a regional planning coalition is established, the coalition shall ensure that such plans, policies and programs are consistent to the extent practicable with the plans, policies and programs adopted by the local air pollution control board and the regional transportation commission in the county in which it is located.
Existing law requires, in a county whose population is 700,000 or more (currently only Clark County), the governing body of a city or county to establish an analysis of the cost to construct infrastructure in an area which is undeveloped land and which is likely to become developed. (NRS 278.02591) Section 12 of this bill eliminates the requirement that the governing body provide copies of the analysis to the regional planning coalition for review and information.
Existing law requires, in a county whose population is 700,000 or more (currently only Clark County): (1) the regional transportation commission to designate on or before December 31, 2009, and December 21, 2011, a certain number of locations at which a bus turnout must be constructed; and (2) the construction of bus turnouts at such locations not later than December 31, 2012, and December 31, 2014, respectively. (NRS 278.02587) Section 15 of this bill repeals this obsolete provision.
κ2023 Statutes of Nevada, Page 631 (CHAPTER 120, SB 247)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 277A.350 is hereby amended to read as follows:
277A.350 1. In a county whose population is 700,000 or more, the commission shall cooperate with the local air pollution control board [and the regional planning coalition] in the county in which it is located to:
(a) Ensure that the plans, policies and programs adopted by each of them are consistent to the greatest extent practicable.
(b) Establish and carry out a program of integrated, long-range planning that conserves the economic, financial and natural resources of the region and supports a common vision of desired future conditions.
2. Before adopting or amending a plan, policy or program, the commission must [:
(a) Consult] consult with the local air pollution control board . [and the regional planning coalition; and
(b) Conduct hearings to solicit public comment on the consistency of the plan, policy or program with:
(1) The plans, policies and programs adopted or proposed to be adopted by the local air pollution control board and the regional planning coalition; and
(2) Plans for capital improvements that have been prepared pursuant to NRS 278.0226.]
3. As used in this section [:
(a) Local] , local air pollution control board means a board that establishes a program for the control of air pollution pursuant to NRS 445B.500.
[(b) Regional planning coalition has the meaning ascribed to it in NRS 278.0172.]
Sec. 2. NRS 278.02514 is hereby amended to read as follows:
278.02514 In a county whose population is 700,000 or more, the board of county commissioners and the city council of each of at least the three largest cities in the county [shall] may establish a regional planning coalition by cooperative agreement pursuant to chapter 277 of NRS.
Sec. 3. NRS 278.02528 is hereby amended to read as follows:
278.02528 1. [The] If established pursuant to NRS 278.02514, the regional planning coalition [shall] may develop a comprehensive regional policy plan for the balanced economic, social, physical, environmental and fiscal development and orderly management of the growth of the region for a period of at least 20 years. The comprehensive regional policy plan must contain recommendations of policy to carry out each part of the plan.
2. In developing the plan, the coalition [:] may:
(a) [May consult] Consult with other entities that are interested or involved in regional planning within the county.
(b) [Shall ensure that the comprehensive regional policy plan includes] Include goals, policies, maps and other documents relating to:
(1) Conservation, including, without limitation, policies relating to the use and protection of natural resources.
κ2023 Statutes of Nevada, Page 632 (CHAPTER 120, SB 247)κ
(2) Population, including, without limitation, standardized projections for population growth in the region.
(3) Land use and development, including, without limitation, a map of land use plans that have been adopted by local governmental entities within the region, and that the plan addresses, if applicable:
(I) Mixed-use development, transit-oriented development, master-planned communities and gaming enterprise districts; and
(II) The coordination and compatibility of land uses with each military installation in the region, taking into account the location, purpose and stated mission of the military installation.
(4) Transportation.
(5) The efficient provision of public facilities and services, including, without limitation, roads, water and sewer service, police and fire protection, mass transit, libraries and parks.
(6) Air quality.
(7) Strategies to promote and encourage:
(I) The interspersion of new housing and businesses in established neighborhoods;
(II) The preservation of historic neighborhoods; and
(III) Development in areas in which public services are available.
3. The regional planning coalition shall not adopt or amend the comprehensive regional policy plan unless the adoption or amendment is by resolution of the regional planning coalition:
(a) Carried by the affirmative votes of not less than two-thirds of its total membership; and
(b) Ratified by the board of county commissioners of the county and the city council of each city that jointly established the regional planning coalition pursuant to NRS 278.02514.
4. The regional planning coalition may designate the regional transportation commission to administer the comprehensive regional policy plan.
Sec. 4. NRS 278.02535 is hereby amended to read as follows:
278.02535 1. [The] If established pursuant to NRS 278.02514, the regional planning coalition [shall] may study and develop methods to provide incentives for:
(a) The interspersion of new housing and businesses in established neighborhoods, including, without limitation, the:
(1) Creation of an expedited process for granting necessary permits for a development that features such interspersion; and
(2) Imposition of a fee for the extension of infrastructure to encourage such interspersion.
(b) Mixed-use development, transit-oriented development, the development of a brownfield site and development which minimizes the negative impact on the environment. As used in this paragraph, brownfield site has the meaning ascribed to it in 42 U.S.C. § 9601.
(c) Large commercial development which provides employee parking at a site other than the commercial development. Such incentives may be developed in cooperation with the regional transportation commission and other governmental entities.
2. As used in this section, infrastructure means publicly owned or publicly supported facilities that are necessary or desirable to support intense habitation within a region, including, without limitation, parks, roads, schools, libraries, community centers, police and fire protection, sanitary sewers, facilities for mass transit and facilities for the conveyance of water and the treatment of wastewater.
κ2023 Statutes of Nevada, Page 633 (CHAPTER 120, SB 247)κ
habitation within a region, including, without limitation, parks, roads, schools, libraries, community centers, police and fire protection, sanitary sewers, facilities for mass transit and facilities for the conveyance of water and the treatment of wastewater.
Sec. 5. NRS 278.02542 is hereby amended to read as follows:
278.02542 1. [The] If established pursuant to NRS 278.02514, the regional planning coalition may:
(a) Coordinate sources of information.
(b) Recommend measures to increase the efficiency of governmental entities and services.
(c) Make recommendations regarding the disposal of federal land.
(d) Establish methods for resolving issues related to annexation, boundaries and other matters that arise between jurisdictions.
(e) [At least every 5 years, review:] Review:
(1) Master plans, facilities plans and other similar plans, and amendments thereto, adopted by a governing body [, regional agency, state agency or public utility] that is located in whole or in part within the region; and
(2) The annual plan for capital improvements that is prepared by each local government in the region pursuant to NRS 278.0226.
(f) Develop and recommend, to the extent practicable, standardized classifications for land use for the region.
(g) Consider and take necessary action with respect to any issue that the regional planning coalition determines will have a significant impact on the region, including, without limitation, projects of regional significance.
(h) Review, consider and make recommendations regarding applications submitted to agencies of the Federal Government and applications for federal assistance for federally assisted programs or projects.
(i) Designate allowable future land uses for each part of the county, including, without limitation, the identification of each category of land use in which the construction and operation of a public school is permissible. The identification of a category of land use in which the construction and operation of a public school is permissible must be carried out in consultation with the county school district and include a determination of whether there is sufficient land in the proximity of a residential development to meet projected needs for public schools.
2. [The] If established pursuant to NRS 278.02514, the regional planning coalition [shall] may establish a definition for the term project of regional significance. In establishing the definition, the regional planning coalition [shall] may consider:
(a) Existing definitions of the term within the Nevada Revised Statutes; and
(b) That a project may have regional significance for several reasons, including, without limitation, the potential impact that the project may have on historic, archaeological, paleontological, cultural, scenic and natural resources, public facilities, including, without limitation, schools, and public services within the region.
Sec. 6. NRS 278.02549 is hereby amended to read as follows:
278.02549 If a regional planning coalition established pursuant to NRS 278.02514 adopts a comprehensive regional policy plan pursuant to NRS 278.02528:
κ2023 Statutes of Nevada, Page 634 (CHAPTER 120, SB 247)κ
1. [Each] The regional planning coalition may require each governing body [, regional agency, state agency or public utility] that is located in whole or in part within the region [shall, at least every 5 years,] to submit to the regional planning coalition for its review all master plans, facilities plans and other similar plans of the governing body . [, regional agency, state agency or public utility.]
2. Each regional agency and state agency that is located in whole or in part within the region shall, to the extent practicable, ensure that all its master plans, facilities plans and other similar plans and decisions pertaining to the use of land are consistent with [:
(a) The] the comprehensive regional policy plan developed and adopted by the regional planning coalition pursuant to NRS 278.02528 [; and
(b) The master plans, facilities plans and other similar plans of a city or county which have been certified by the regional planning coalition pursuant to subsection 4 of NRS 278.02577 as being in substantial conformance with the comprehensive regional policy plan.] , if applicable.
Sec. 7. NRS 278.02556 is hereby amended to read as follows:
278.02556 Except as otherwise provided in this section, if a regional planning coalition is established pursuant to NRS 278.02514 and the regional planning coalition requires a governing body of a city or county that is located within the region to submit a master plan, facilities plan or other similar plan pursuant to NRS 278.02549, the governing body [, regional agency, state agency or public utility that is located in whole or in part within the region] shall not adopt a master plan, facilities plan or other similar plan, or an amendment thereto, [after March 1, 2001,] unless the regional planning coalition has been afforded an opportunity to make recommendations regarding the plan or amendment. A governing body [, regional agency, state agency or public utility] may adopt an amendment to a land use plan described in NRS 278.160 without affording the regional planning coalition the opportunity to make recommendations regarding the amendment.
Sec. 8. NRS 278.02563 is hereby amended to read as follows:
278.02563 [The] If established pursuant to NRS 278.02514, the regional planning coalition shall, on or before July 1 of each year, prepare and adopt a budget for the immediately succeeding fiscal year and shall submit that budget to each of the local governments within the region as a recommendation for funding.
Sec. 9. NRS 278.0257 is hereby amended to read as follows:
278.0257 [The] If established pursuant to NRS 278.02514, the regional planning coalition may employ persons or contract for services necessary to carry out:
1. The provisions of NRS 278.02528 to 278.02577, inclusive; and
2. Other responsibilities set forth in the cooperative agreement pursuant to which the regional planning coalition was established pursuant to NRS 278.02514.
Sec. 10. NRS 278.02577 is hereby amended to read as follows:
278.02577 1. [At least every 5 years,] If established pursuant to NRS 278.02514, the regional planning coalition [shall] may review the master plans, facilities plans and other similar plans that it receives pursuant to NRS 278.02549, and determine whether those plans are in substantial conformance with the comprehensive regional policy plan.
κ2023 Statutes of Nevada, Page 635 (CHAPTER 120, SB 247)κ
2. [If the] The regional planning coalition [determines that a plan reviewed pursuant to subsection 1 is not in substantial conformance with the comprehensive regional policy plan, the regional planning coalition shall return the plan to the submitting entity accompanied by recommendations regarding the manner in which the submitting entity may bring the plan into substantial conformance with the comprehensive regional policy plan.
3. Within 90 days after the date on which a submitting entity receives the plan and recommendations from the regional planning coalition pursuant to subsection 2, the submitting entity shall provide to the regional planning coalition a written response setting forth the:
(a) Manner in which the submitting entity changed the plan to be in substantial conformance with the comprehensive regional policy plan; or
(b) Reasons of the submitting entity for not bringing the plan into substantial conformance.
4. If the regional planning coalition determines that all the plans that a city or county is required to submit pursuant to NRS 278.02549 are in substantial conformance with the comprehensive regional policy plan, the regional planning coalition shall issue to the city or county a certificate or other indicia of that determination. Upon receipt of such a certificate or other indicia, the city or county, until the next time the regional planning coalition reviews the plans of the city or county pursuant to subsection 1, is entitled to establish its own] may establish policies , rules and procedures [with respect to regional planning, to the extent that those policies and procedures do not conflict with federal or state law.] to carry out the review of master plans, facilities plans and other similar plans.
[5.] 3. The regional planning coalition may, within the limits of legislative appropriations and other available money, provide grants to a city or county [if the regional planning coalition has issued to the city or county a certificate or other indicia pursuant to subsection 4 of the determination of the regional planning coalition that all the plans that the city or county is required to submit pursuant to NRS 278.02549 are in substantial conformance with the comprehensive regional policy plan.] if the master plan, facilities plan or other similar plan of the city or county, as applicable, is in substantial conformance with the comprehensive regional policy plan developed pursuant to NRS 278.02528, if any. Grants provided to a city or county pursuant to this subsection must be expended by the city or county only to pay the costs of establishing, maintaining and carrying out programs related to land use planning.
Sec. 11. NRS 278.02584 is hereby amended to read as follows:
278.02584 1. [The] If established pursuant to NRS 278.02514, the regional planning coalition shall : [cooperate with the local air pollution control board and the regional transportation commission in the county in which it is located to:]
(a) Ensure that the plans, policies and programs [adopted by each of them] are consistent , to the greatest extent practicable [.] , with the plans, policies and programs adopted by the local air pollution control board and the regional transportation commission in the county in which it is located.
(b) In addition to the development of a comprehensive regional policy plan [required by] pursuant to NRS 278.02528, if applicable, establish and carry out a program of integrated, long-range planning that conserves the economic, financial and natural resources of the region and supports a common vision of desired future conditions.
κ2023 Statutes of Nevada, Page 636 (CHAPTER 120, SB 247)κ
2. Before adopting or amending a plan, policy or program, the regional planning coalition shall [:
(a) Consult] consult with the local air pollution control board and the regional transportation commission . [; and
(b) Conduct hearings to solicit public comment on the consistency of the plan, policy or program with:
(1) The plans, policies and programs adopted or proposed to be adopted by the local air pollution control board and the regional transportation commission; and
(2) Plans for capital improvements that have been prepared pursuant to NRS 278.0226.]
3. If the program for control of air pollution established and administered by the local air pollution control board includes measures for the control of traffic or transportation, the regional planning coalition shall consider recommending the use of alternative land use designations, densities and design standards to meet local and regional needs with respect to transportation.
4. [Not more than once every 2 years, the regional planning coalition shall:
(a) Prepare a report that summarizes the policies related to land use, transportation and air quality which it has adopted and which the local air pollution control board and the regional transportation commission have adopted; and
(b) Submit a copy of the report to the:
(1) County clerk of the appropriate county;
(2) Division of Environmental Protection of the State Department of Conservation and Natural Resources;
(3) Division of State Lands of the State Department of Conservation and Natural Resources; and
(4) Department of Transportation.
5.] As used in this section:
(a) Local air pollution control board means a board that establishes a program for the control of air pollution pursuant to NRS 445B.500.
(b) Regional transportation commission means a regional transportation commission created and organized in accordance with chapter 277A of NRS.
Sec. 12. NRS 278.02591 is hereby amended to read as follows:
278.02591 1. A governing body may establish, independently or in conjunction with another governing body, an analysis of the cost to construct infrastructure in an area which is undeveloped land and which is likely to become developed.
2. The analysis of the cost to construct infrastructure in an area that is undeveloped land must include, without limitation:
(a) A precise description of the area, either in the form of a legal description or by reference to roadways, lakes and waterways, railroads or similar landmarks, and township, county or city boundaries;
(b) An estimate of the expected total population of the area when the land becomes fully developed;
(c) An assessment of the infrastructure that will be necessary to support the area when it becomes fully developed according to the master plan adopted by the governing body pursuant to NRS 278.220; and
κ2023 Statutes of Nevada, Page 637 (CHAPTER 120, SB 247)κ
(d) A plan for the development of the infrastructure which includes, without limitation:
(1) Any minimum requirements for the development of infrastructure that have been determined by the regional planning coalition;
(2) A plan to meet the anticipated needs of the area for police and fire protection, parks, roads, regional transportation and flood control facilities when the land becomes fully developed;
(3) An estimate of the date on which each phase of the development will occur;
(4) The manner in which the plan for the development of the infrastructure will be implemented; and
(5) An economic analysis of the cost to plan and develop fully the infrastructure for the area.
3. The governing body may, if it finds that the analysis of the projected need for infrastructure is consistent with the master plan, approve the analysis by ordinance.
[4. The governing body shall provide the necessary copies of the analysis to the regional planning coalition for review and information.]
Sec. 13. NRS 278.165 is hereby amended to read as follows:
278.165 1. A planning commission or governing body that is required to prepare and adopt a master plan pursuant to the provisions of this chapter shall develop and include in that plan an aboveground utility plan as described in subsection 2. The aboveground utility plan must:
(a) In a county whose population is 700,000 or more, conform with the comprehensive regional policy plan developed pursuant to NRS 278.02528 [;] , if any; and
(b) In a county whose population is 100,000 or more but less than 700,000, conform with the comprehensive regional plan developed pursuant to NRS 278.0272.
2. An aboveground utility plan developed by a planning commission or governing body pursuant to this section must:
(a) Provide a process for the designation of corridors for the construction of aboveground utility projects;
(b) Be consistent with any transmission plan prepared by the Office of Energy;
(c) To ensure the continuity of transmission corridors, be consistent with the aboveground utility plan of each adjacent jurisdiction; and
(d) Be consistent with any resource management plan prepared by the Bureau of Land Management applicable to the jurisdiction of the planning commission or governing body, including, without limitation, by ensuring that the aboveground utility plan developed by the planning commission or governing body provides for connectivity between any noncontiguous transmission corridors identified in the plan prepared by the Bureau of Land Management.
3. In developing an aboveground utility plan, a planning commission or governing body shall:
(a) Cooperate with the Bureau of Land Management, the Office of Energy and the planning commission or governing body of each adjacent jurisdiction to ensure that the aboveground utility plan adopted by the planning commission or governing body is consistent with any resource management plan prepared by the Bureau of Land Management, any transmission plan adopted by the Office of Energy and the aboveground utility plan developed by the planning commission or governing body of each adjacent jurisdiction; and
κ2023 Statutes of Nevada, Page 638 (CHAPTER 120, SB 247)κ
management plan prepared by the Bureau of Land Management, any transmission plan adopted by the Office of Energy and the aboveground utility plan developed by the planning commission or governing body of each adjacent jurisdiction; and
(b) Submit a copy of the aboveground utility plan, including all maps and exhibits adopted as part of the plan, to the Public Utilities Commission of Nevada and the Office of Energy.
Sec. 14. NRS 445B.503 is hereby amended to read as follows:
445B.503 1. In addition to the duties set forth in NRS 445B.500, the local air pollution control board in a county whose population is 700,000 or more shall cooperate with [the regional planning coalition and] the regional transportation commission in the county in which it is located to:
(a) Ensure that the plans, policies and programs adopted by each of them are consistent to the greatest extent practicable.
(b) Establish and carry out a program of integrated, long-range planning that conserves the economic, financial and natural resources of the region and supports a common vision of desired future conditions.
2. Before adopting or amending a plan, policy or program, a local air pollution control board shall [:
(a) Consult] consult with [the regional planning coalition and] the regional transportation commission . [; and
(b) Conduct hearings to solicit public comment on the consistency of the plan, policy or program with:
(1) The plans, policies and programs adopted or proposed to be adopted by the regional planning coalition and the regional transportation commission; and
(2) Plans for capital improvements that have been prepared pursuant to NRS 278.0226.]
3. As used in this section:
(a) Local air pollution control board means a board that establishes a program for the control of air pollution pursuant to NRS 445B.500.
(b) [Regional planning coalition has the meaning ascribed to it in NRS 278.0172.
(c)] Regional transportation commission means a regional transportation commission created and organized in accordance with chapter 277A of NRS.
Sec. 15. NRS 278.02587 is hereby repealed.
________
κ2023 Statutes of Nevada, Page 639κ
Senate Bill No. 257Senator Daly
CHAPTER 121
[Approved: May 31, 2023]
AN ACT relating to energy; revising provisions governing payroll reporting by certain renewable energy facilities that receive certain tax abatements; revising provisions governing compliance reports submitted to the Director of the Office of Energy within the Office of the Governor by certain renewable energy facilities that receive certain tax abatements; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a person who intends to locate a facility for the generation of process heat from solar renewable energy, a wholesale facility for the generation of electricity from renewable energy, a facility for the storage of energy from renewable generation or a hybrid renewable generation and energy storage facility in this State to apply to the Director of the Office of Energy within the Office of the Governor for a partial abatement of certain sales and use taxes or property taxes. (NRS 701A.360) Under existing law, a recipient of such a partial abatement is required to submit an annual payroll report to the Office of Energy and the board of county commissioners of the county in which the facility is located. (NRS 701A.379) Additionally, existing law requires the Director to adopt regulations requiring each recipient of a partial abatement to file annually with the Director such information as may be necessary for the Director to determine the compliance of the recipient with the eligibility requirements for the partial abatement. (NRS 701A.390) Sections 1.7 and 2 of this bill require the payroll report and the compliance report to be filed with the Office of Energy, the board of county commissioners and the Director, as applicable, each quarter during the term of construction of a facility and annually at all other times. Section 1 of this bill defines the term term of construction. Section 1.3 of this bill makes a conforming change to indicate the proper placement of section 1 in the Nevada Revised Statutes.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 701A of NRS is hereby amended by adding thereto a new section to read as follows:
Term of construction means the period which begins when a building permit is issued for the construction of a facility and ends:
1. When the facility goes online; or
2. At such other time as the Director may determine.
Sec. 1.3. NRS 701A.300 is hereby amended to read as follows:
701A.300 As used in NRS 701A.300 to 701A.390, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 701A.305 to 701A.345, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.
Sec. 1.7. NRS 701A.379 is hereby amended to read as follows:
701A.379 A recipient of a partial abatement of taxes pursuant to NRS 701A.300 to 701A.390, inclusive, and section 1 of this act shall submit [annually] to the Office of Energy and the board of county commissioners of the county in which the facility is located a certified payroll report on a form or in a format prescribed by the Director.
κ2023 Statutes of Nevada, Page 640 (CHAPTER 121, SB 257)κ
[annually] to the Office of Energy and the board of county commissioners of the county in which the facility is located a certified payroll report on a form or in a format prescribed by the Director. The certified payroll report must:
1. Be accompanied by a statement certifying the truthfulness and accuracy of the payroll report; [and]
2. Include the information contained in the records required to be kept pursuant to NRS 701A.377 [.] ; and
3. Be submitted quarterly during the term of construction of the facility and annually at all other times.
Sec. 2. NRS 701A.390 is hereby amended to read as follows:
701A.390 The Director:
1. Shall adopt regulations:
(a) Prescribing the minimum level of benefits that a facility must provide to its employees;
(b) Prescribing such requirements for an application for a partial abatement pursuant to NRS 701A.300 to 701A.390, inclusive, and section 1 of this act as will ensure that all information and other documentation necessary for the Director, in consultation with the Office of Economic Development, to make an appropriate determination is filed with the Director;
(c) Requiring each recipient of a partial abatement pursuant to NRS 701A.300 to 701A.390, inclusive, and section 1 of this act to file [annually] with the Director , quarterly during the term of construction of a facility and annually at all other times, such information and documentation as may be necessary for the Director to determine whether the recipient is in compliance with any eligibility requirements for the abatement; and
(d) Regarding the capital investment that a facility must make to meet the requirement set forth in paragraph (d) or (e) of subsection 1 of NRS 701A.365; and
2. May adopt such other regulations as the Director determines to be necessary to carry out the provisions of NRS 701A.300 to 701A.390, inclusive [;] , and section 1 of this act; and
3. May charge and collect a fee from each applicant who submits an application for a partial abatement pursuant to NRS 701A.300 to 701A.390, inclusive [.] , and section 1 of this act. The amount of the fee must consist of:
(a) An amount that does not exceed the actual cost to the Director for processing and approving the application; and
(b) A reasonable amount established by a regulation adopted by the Director pursuant to this paragraph. The Office shall use the proceeds of the fee for activities of the Office that support and expand renewable energy development in this State and are specified in a regulation adopted by the Director pursuant to this paragraph. The Director shall adopt regulations specifying the amount of the fee described in this section and setting forth the specific activities of the Office that the proceeds of the fee will support and expand.
Sec. 3. This act becomes effective on July 1, 2023, and expires by limitation on June 30, 2049.
________
κ2023 Statutes of Nevada, Page 641κ
Senate Bill No. 258Senator Ohrenschall
CHAPTER 122
[Approved: May 31, 2023]
AN ACT relating to water; revising provisions governing an application for a temporary change relating to water already appropriated; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the State Engineer may grant a permit for a temporary change of the place of diversion, manner of use or place of use of water already appropriated for a period not to exceed 1 year. Before granting such a permit, if the State Engineer determines that a temporary change may not be in the public interest, or may impair the water rights held by other persons, existing law: (1) requires the State Engineer to give notice of the application; (2) authorizes any interested person to file a written protest to the application; and (3) if a protest is filed, provides that the State Engineer may hold a hearing. (NRS 533.345) Section 4 of this bill authorizes the State Engineer to grant an application for such a temporary change for a period not to exceed 3 years if the temporary change is for a renewable energy generation project. If an application for a temporary change is filed for a period of more than 1 year for such a renewable energy project, section 4 requires the State Engineer to give notice of the application.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-3. (Deleted by amendment.)
Sec. 4. NRS 533.345 is hereby amended to read as follows:
533.345 1. Every application for a permit to change the place of diversion, manner of use or place of use of water already appropriated must contain such information as may be necessary to a full understanding of the proposed change, as may be required by the State Engineer.
2. If an applicant is seeking a temporary change of place of diversion, manner of use or place of use of water already appropriated, the State Engineer shall approve the application if:
(a) The application is accompanied by the prescribed fees;
(b) The temporary change is in the public interest; and
(c) The temporary change does not impair the water rights held by other persons.
3. [If the State Engineer determines that the temporary change may not be in the public interest, or may impair the water rights held by other persons, the] The State Engineer shall give notice of the application as provided in NRS 533.360 [. Any] if:
(a) The State Engineer determines that the temporary change may not be in the public interest, or may impair the water rights held by other persons; or
(b) The temporary change is for a period of more than 1 year pursuant to subsection 5.
4. If the State Engineer gives notice of the application in accordance with subsection 3, any person interested may file a written protest to the application and the State Engineer may hold a hearing before rendering a decision in accordance with the provisions of NRS 533.365.
κ2023 Statutes of Nevada, Page 642 (CHAPTER 122, SB 258)κ
application and the State Engineer may hold a hearing before rendering a decision in accordance with the provisions of NRS 533.365.
[4.] 5. Except as otherwise provided in this subsection, a temporary change may be granted for any period not to exceed 1 year. The State Engineer may grant a temporary change for a period of more than 1 year, but not to exceed 3 years, if the temporary change is for a renewable energy generation project.
6. As used in this section, renewable energy generation project has the meaning ascribed to it in NRS 701.080.
Secs. 5-9. (Deleted by amendment.)
Sec. 10. This act becomes effective on July 1, 2023.
________
Senate Bill No. 259Senators Dondero Loop; Cannizzaro, Donate, D. Harris, Nguyen and Pazina
CHAPTER 123
[Approved: May 31, 2023]
AN ACT relating to alcoholic beverages; authorizing certain wineries to sell wine at one additional location other than its premises; revising provisions governing the amount of wine that may be sold by certain wineries each calendar year; authorizing the State Board of Agriculture to adopt regulations creating a certification for certain wine; revising procedures for the imposition of certain disciplinary action against a person who holds a license to engage in certain activities related to alcohol; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the operation of wineries in this State. Under existing law, a winery that has been issued a wine-makers license on or before September 30, 2015, is authorized to sell at retail or serve by the glass, on its premises and at one other location, wine produced, blended or aged by the winery. (NRS 597.240) Section 1 of this bill authorizes a winery that has been issued a wine-makers license on or after October 1, 2015, to also sell at retail or serve by the glass, at one other location in addition to its premises, wine produced, blended or aged by the winery.
If a winery has been issued a wine-makers license on or after October 1, 2015, and less than 25 percent of the wine produced, blended or aged by the winery is produced, blended or aged from fruit grown or honey produced in this State, existing law limits the amount of wine that the winery is authorized to sell at retail or serve by the glass to 1,000 cases per calendar year. (NRS 597.240) Section 1 increases that limit to 2,000 cases and additionally authorizes such a winery to sell at retail or serve by the glass not more than 150 barrels of cider produced by the winery per calendar year.
Existing law authorizes the State Board of Agriculture to adopt regulations for the purposes of ensuring that a winery is in compliance with certain federal labeling requirements. (NRS 597.240) Section 1 additionally authorizes the Board to adopt regulations creating a certification for wine produced, blended or aged from fruit grown or honey produced in this State.
κ2023 Statutes of Nevada, Page 643 (CHAPTER 123, SB 259)κ
Existing law provides for the licensure of importers, wholesale wine and liquor dealers, wholesale beer dealers, wine-makers, instructional wine-making facilities, breweries, brew pubs, craft distilleries and estate distilleries. (Chapter 369 of NRS) Existing law sets forth a process by which a board of county commissioners or the governing body of an incorporated city may, after an investigation, the issuance of a citation for a licensee to answer a verified complaint and a hearing, recommend to the Department of Taxation the suspension or revocation of the license of a licensee. (NRS 369.240, 369.250, 369.260) Section 2 of this bill revises that process to require a hearing to be conducted and a decision to be rendered recommending the suspension or revocation of a license, or the dismissal of a complaint, within 60 days after a citation is served upon a licensee.
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 597.240 is hereby amended to read as follows:
597.240 1. A winery, including a winery that consists of multiple noncontiguous locations, that is federally bonded and permitted by the Alcohol and Tobacco Tax and Trade Bureau of the United States Department of the Treasury, including, without limitation, an alternating proprietorship of not more than four such wineries, and that has been issued a wine-makers license for each noncontiguous location of the winery pursuant to NRS 369.200 may:
(a) Produce, bottle, blend and age wine.
(b) Import wine or juice from a winery that is located in another state and that is federally bonded and permitted by the Alcohol and Tobacco Tax and Trade Bureau, to be fermented into wine or, if already fermented, to be mixed with other wine or aged in a suitable cellar, or both.
2. A winery that has been issued a wine-makers license pursuant to NRS 369.200 on or before September 30, 2015, may:
(a) Sell at retail or serve by the glass, on its premises and at one other location, wine produced, blended or aged by the winery. The amount of wine sold at a location other than on the premises of the winery may not exceed 50 percent of the total volume of the wine sold by the winery.
(b) Serve by the glass, on its premises, any alcoholic beverage.
(c) Transfer in bulk wine produced, blended or aged by the winery:
(1) To a person holding a valid wholesale wine and liquor dealers license issued pursuant to chapter 369 of NRS for the purpose of transferring in bulk the wine to an estate distillery for the purpose of distillation and blending, which transfer is taxable only as provided in NRS 597.237; or
(2) If there is no wholesaler who is able or willing to accept and transfer in bulk the wine pursuant to subparagraph (1), to a person holding a valid license to operate an estate distillery issued pursuant to chapter 369 of NRS for the purpose of distillation and blending, which transfer is taxable only as provided in NRS 597.237 and must be performed in accordance with the terms and conditions of a special permit for the transportation of the wine obtained from the Department of Taxation pursuant to subsection 4 of NRS 369.450.
κ2023 Statutes of Nevada, Page 644 (CHAPTER 123, SB 259)κ
3. A winery that is issued a wine-makers license pursuant to NRS 369.200 on or after October 1, 2015:
(a) If 25 percent or more of the wine produced, blended or aged by the winery is produced, blended or aged from fruit grown or honey produced in this State, may:
(1) Sell at retail or serve by the glass, on its premises [,] and at one other location, wine produced, blended or aged by the winery.
(2) Transfer in bulk wine produced, blended or aged by the winery:
(I) To a person holding a valid wholesale wine and liquor dealers license issued pursuant to chapter 369 of NRS for the purpose of transferring in bulk the wine to an estate distillery for the purpose of distillation and blending, which transfer is taxable only as provided in NRS 597.237; or
(II) If there is no wholesaler who is able or willing to accept and transfer in bulk the wine pursuant to sub-subparagraph (I), to a person holding a valid license to operate an estate distillery issued pursuant to chapter 369 of NRS for the purpose of distillation and blending, which transfer is taxable only as provided in NRS 597.237.
(3) Sell alcoholic beverages at retail if the winery:
(I) Has obtained any license or permit required to sell alcoholic beverages at retail in the jurisdiction in which the winery is located; and
(II) Complies with NRS 369.487.
(b) If less than 25 percent of the wine produced, blended or aged by the winery is produced, blended or aged from fruit grown or honey produced in this State, may:
(1) Sell at retail or serve by the glass, on its premises [,] and at one other location, not more than [1,000] 2,000 cases of wine produced, blended or aged by the winery and not more than 150 barrels of cider produced by the winery per calendar year.
(2) Subject to the limitation set forth in subparagraph (1), sell alcoholic beverages at retail if the winery:
(I) Has obtained any license or permit required to sell alcoholic beverages at retail in the jurisdiction in which the winery is located; and
(II) Complies with NRS 369.487.
4. The State Board of Agriculture may adopt regulations for the purposes of ensuring that a winery is in compliance with any requirements established by the Federal Government for labeling bottles of wine produced, blended or aged by the winery [.] and to create a certification for wine produced, blended or aged from fruit grown or honey produced in this State based on a review of filings that the winery applying for the certification is required to provide to the Alcohol and Tobacco Tax and Trade Bureau of the United States Department of the Treasury.
5. For the purposes of this section, an instructional wine-making facility is not a winery.
6. As used in this section, cider means a wine that contains not less than one-half of 1 percent of alcohol by volume and not more than 8.5 percent of alcohol by volume that is produced from the fermentation of the
κ2023 Statutes of Nevada, Page 645 (CHAPTER 123, SB 259)κ
juice of sound, ripe apples or pears, or both. The term includes, without limitation, sparkling or carbonated cider and cider produced from the condensed must of apples or pears, or both.
Sec. 2. NRS 369.260 is hereby amended to read as follows:
369.260 1. Upon the hearing, the board of county commissioners or the governing body of a city, as applicable, shall hear all relevant and competent evidence offered by the complainant and by the licensee.
2. After the hearing is concluded and the matter submitted, the board of county commissioners or the governing body of a city, as applicable, shall, within 10 days after such submission [,] and within 60 days after the date of service of the citation issued pursuant to NRS 369.240, render its decision in writing recommending the suspension or revocation of the license, or dismissing the complaint, with a statement of the boards or the governing bodys reasons therefor.
3. The board of county commissioners or the governing body of a city, as applicable, shall give to the complainant and to the licensee, or their respective attorneys, notice of such recommendation, by mail, in the same manner as prescribed in this chapter for the giving of notice of hearing.
4. A copy of the decision of the board of county commissioners or the governing body of a city recommending the suspension or revocation of a license shall be transmitted forthwith by the board or the governing body, as applicable, to the Department. Thereupon, the Department shall cause the license to be suspended or revoked and shall give notice thereof in the same manner as provided in NRS 369.240.
Sec. 3. 1. This section becomes effective upon passage and approval.
2. Sections 1 and 2 of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On October 1, 2023, for all other purposes.
________
κ2023 Statutes of Nevada, Page 646κ
Senate Bill No. 261Senator Neal
CHAPTER 124
[Approved: May 31, 2023]
AN ACT relating to local governments; revising the definitions of the terms business and local government for purposes of provisions relating to the adoption of rules by local governments that affect businesses; revising the notice requirements relating to the adoption of such rules; requiring the governing body of a local government to hold a workshop before the adoption of such rules in certain circumstances; revising the requirements for a business impact statement; revising provisions relating to when an action of the governing body of a local government to adopt rules that affect local governments is void; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires that before a governing body of a local government adopts a proposed rule that is likely to impose a direct and significant economic burden upon a business or directly restrict the formation, operation or expansion of a business, the governing body or its designee must notify trade associations or owners and officers of businesses likely to be affected by the rule. (NRS 237.080) Section 4 of this bill requires a governing body of a local government to also notify chambers of commerce of any such proposed rule. Section 4 requires that the notification of chambers of commerce and associations includes notice by electronic mail when an address is provided. Section 4 also requires a governing body of a local government to maintain an electronic mailing list of local chambers of commerce, trade associations and owners and officers of businesses and to update the list not later than January 31 of each year. Section 4 further requires, that a governing body of a local government hold a workshop to solicit comments from persons on one or more general topics to be addressed in a proposed rule upon the timely request of two or more local chambers of commerce or trade associations, or any combination thereof.
Existing law requires that if a proposed rule is determined to likely impose a direct and significant economic burden upon a business or directly restrict the formation, operation or expansion of a business, the governing body or its designee must prepare a business impact statement which must be considered by the governing body at a public meeting held at least 10 calendar days before the meeting held to adopt the proposed rule. (NRS 237.080, 237.090) Section 5 of this bill requires that the business impact statement include: (1) the total number of businesses likely to be affected by the proposed rule; (2) a list of the chambers of commerce and trade associations notified of the proposed rule pursuant to section 4; and (3) a summary of any workshop held pursuant to section 4.
Existing law provides that any action of the governing body of a local government to adopt a proposed rule in violation of certain provisions of the Nevada Revised Statutes is void. (NRS 237.140) Section 6 of this bill clarifies that any such action is void if the governing body does not, under certain circumstances: (1) determine whether a petition objecting to a rule has merit; or (2) take action to readopt or amend the rule to which a business has objected. (NRS 237.100)
Section 1 of this bill revises the definition of business to mean any trade or occupation conducted for profit, regardless of whether the trade or occupation is a small business. Section 2 of this bill revises the definition of local government to include a quasi-municipal agency, a special improvement district, a municipal utility and a regional transportation commission.
κ2023 Statutes of Nevada, Page 647 (CHAPTER 124, SB 261)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 237.040 is hereby amended to read as follows:
237.040 1. Business means [a] any trade or occupation conducted for profit [.] , regardless of whether the trade or occupation is a small business.
2. As used in this section, small business has the meaning ascribed to it in NRS 233B.0382.
Sec. 2. NRS 237.050 is hereby amended to read as follows:
237.050 Local government means a political subdivision of this State [,] or a quasi-municipal agency, [including,] and includes, without limitation, a city, county, [health district,] irrigation district, local health district, municipal utility, regional transportation commission, special improvement district, water district or water conservancy district.
Sec. 3. (Deleted by amendment.)
Sec. 4. NRS 237.080 is hereby amended to read as follows:
237.080 1. Before a governing body of a local government adopts a proposed rule, the governing body or its designee must make a concerted effort to determine whether the proposed rule will impose a direct and significant economic burden upon a business or directly restrict the formation, operation or expansion of a business. The governing body of a local government or its designee must notify chambers of commerce, trade associations or owners and officers of businesses which are likely to be affected by the proposed rule that they may submit data or arguments to the governing body or its designee as to whether the proposed rule will:
(a) Impose a direct and significant economic burden upon a business; or
(b) Directly restrict the formation, operation or expansion of a business.
Κ Notification provided pursuant to this subsection must include the date by which the data or arguments must be received by the governing body or its designee, which must be at least 15 working days after the notification is sent.
2. After the period for submitting data or arguments specified in the notification provided pursuant to subsection 1 has expired [,] and, if applicable, after a workshop held pursuant to subsection 5, the governing body or its designee shall determine whether the proposed rule is likely to:
(a) Impose a direct and significant economic burden upon a business; or
(b) Directly restrict the formation, operation or expansion of a business.
Κ If no data or arguments were submitted pursuant to subsection 1, the governing body or its designee shall make its determination based on any information available to the governing body or its designee.
3. If the governing body or its designee determines pursuant to subsection 2 that a proposed rule is likely to impose a direct and significant economic burden upon a business or directly restrict the formation, operation or expansion of a business, the governing body or its designee shall consider methods to reduce the impact of the proposed rule on businesses, including, without limitation:
κ2023 Statutes of Nevada, Page 648 (CHAPTER 124, SB 261)κ
(a) Simplifying the proposed rule;
(b) Establishing different standards of compliance for a business; and
(c) Modifying a fee or fine set forth in the rule so that a business is authorized to pay a lower fee or fine.
4. After making a determination pursuant to subsection 2, the governing body or its designee shall prepare a business impact statement.
5. A governing body of a local government shall hold a workshop to solicit comments from persons on one or more general topics to be addressed in a proposed rule if two or more local chambers of commerce or trade associations, or any combination thereof, submit a request for the holding of a workshop on the proposed rule to the governing body on or before the date by which data or arguments must be received on the proposed rule as specified in the notification provided pursuant to subsection 1. The governing body or its designee must notify chambers of commerce, trade associations or owners and officers of businesses which are likely to be affected by the proposed rule of the date, time and location of the workshop.
6. The governing body of a local government shall maintain an electronic mailing list of chambers of commerce, trade associations and owners and officers of businesses. The electronic mailing list must be updated on or before January 31 of each year. The governing body of a local government must provide notification pursuant to this section to each chamber of commerce and trade association by electronic mail regardless of whether the chamber of commerce or trade association has requested that it be placed on the electronic mailing list. Nothing in this section prohibits the governing body from also providing notification pursuant to this section by mail.
Sec. 5. NRS 237.090 is hereby amended to read as follows:
237.090 1. A business impact statement prepared pursuant to NRS 237.080 must be considered by the governing body at a public meeting held at least 10 calendar days before the public meeting of the governing body held to adopt the proposed rule. The business impact statement must set forth the following information:
(a) A description of the manner in which comment was solicited from affected businesses, a summary of their response and an explanation of the manner in which other interested persons may obtain a copy of the summary.
(b) The total number of businesses likely to be affected by the proposed rule.
(c) A list of the chambers of commerce and trade associations notified of the proposed rule pursuant to NRS 237.080.
(d) A summary of any workshop held pursuant to NRS 237.080.
[(b)] (e) The estimated economic effect of the proposed rule on the businesses which it is to regulate . [, including,] The statement of estimated economic effect must include, without limitation:
(1) Both adverse and beneficial effects; and
(2) Both direct and indirect effects.
[(c)] (f) A description of the methods that the governing body of the local government or its designee considered to reduce the impact of the
κ2023 Statutes of Nevada, Page 649 (CHAPTER 124, SB 261)κ
proposed rule on businesses and a statement regarding whether the governing body or its designee actually used any of those methods.
[(d)] (g) The estimated cost to the local government for enforcement of the proposed rule.
[(e)] (h) If the proposed rule provides a new fee or increases an existing fee, the total annual amount the local government expects to collect and the manner in which the money will be used.
[(f)] (i) If the proposed rule includes provisions which duplicate or are more stringent than federal, state or local standards regulating the same activity, an explanation of why such duplicative or more stringent provisions are necessary.
[(g)] (j) The reasons for the conclusions regarding the impact of the proposed rule on businesses.
2. The county manager, city manager or other chief executive officer for the governing body of a local government shall sign the business impact statement certifying that, to the best of his or her knowledge or belief, the information contained in the statement was prepared properly and is accurate.
3. The governing body of a local government shall not include the consideration of a business impact statement on the agenda for a public meeting unless the statement has been prepared and is available for public inspection at the time the agenda is first posted.
Sec. 6. NRS 237.140 is hereby amended to read as follows:
237.140 Any action of the governing body of a local government to adopt a proposed rule in violation of the provisions of NRS 237.030 to 237.150, inclusive, is void [.] , including, without limitation, if the governing body does not comply with the provisions of subsection 3 of NRS 237.100.
Sec. 7. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
________
κ2023 Statutes of Nevada, Page 650κ
Assembly Bill No. 56Committee on Growth and Infrastructure
CHAPTER 125
[Approved: May 31, 2023]
AN ACT relating to vehicles; authorizing certain vehicles to drive on the paved shoulder of a highway under certain circumstances; revising provisions governing the acts required of a driver of a vehicle upon the immediate approach of certain emergency or official vehicles; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth the limited conditions under which the driver of a vehicle may overtake and pass upon the right of another vehicle. (NRS 484B.210) Section 1 of this bill allows authorized emergency vehicles, vehicles which have been issued permits as authorized emergency vehicles, traffic incident management vehicles of the Department of Transportation, tow cars, coroner vehicles and buses of public transit systems to drive on the paved shoulder of a highway where lawfully placed signage allows such vehicles to use the shoulder in that manner.
Existing law requires a driver of a vehicle, upon the approach of an authorized emergency vehicle or official vehicle of a regulatory agency making use of certain flashing lights, to yield the right-of-way, drive to a position parallel to, and as close as possible to, the right-hand edge or curb of a highway and stop. (NRS 484B.267) Section 2 of this bill prohibits a driver from driving to and stopping in a position on a paved shoulder of a highway where lawfully placed signage allows certain vehicles described in section 1 to drive on the shoulder.
Existing law prohibits, except if required by an emergency, a person from driving a vehicle on a controlled-access highway outside of a marked traffic lane or marked entrance or exit lane. (NRS 484B.587) Section 3 of this bill authorizes certain vehicles described in section 1 to drive on the paved shoulder of a controlled-access highway where lawfully placed signage allows such vehicles to use the shoulder in that manner.
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 484B.210 is hereby amended to read as follows:
484B.210 1. The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
(a) When the driver of the vehicle overtaken is making or signaling to make a left turn.
(b) Upon a highway with unobstructed pavement which is not occupied by parked vehicles and which is of sufficient width for two or more lines of moving vehicles in each direction.
(c) Upon a highway with unobstructed pavement which is not marked as a traffic lane and which is not occupied by parked vehicles, if the vehicle that is overtaking and passing another vehicle:
κ2023 Statutes of Nevada, Page 651 (CHAPTER 125, AB 56)κ
(1) [Does] Except as otherwise provided in subsection 4, does not travel more than 200 feet in the section of pavement not marked as a traffic lane; or
(2) While being driven in the section of pavement not marked as a traffic lane, does not travel through an intersection or past any private way that is used to enter or exit the highway.
(d) Upon any highway on which traffic is restricted to one direction of movement, where the highway is free from obstructions and of sufficient width for two or more lines of moving vehicles.
2. The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety.
3. The driver of a vehicle shall not overtake and pass another vehicle upon the right when such movement requires driving off the paved portion of the highway.
4. The provisions of subparagraph (1) of paragraph (c) of subsection 1 do not apply to:
(a) An authorized emergency vehicle described in NRS 484A.480;
(b) A vehicle which has been issued a permit to operate as an authorized emergency vehicle pursuant to NRS 484A.490;
(c) A traffic incident management vehicle;
(d) A tow car;
(e) A coroner vehicle; or
(f) A public transit motor bus,
Κ that is being driven on the paved shoulder of a highway where lawfully placed signage allows that vehicle to use the shoulder in that manner.
5. A person who violates any provision of this section may be subject to any additional penalty set forth in NRS 484B.130 or 484B.135.
6. As used in this section:
(a) Coroner vehicle means an authorized vehicle used by a county coroner, medical examiner or medicolegal death investigator:
(1) Responding to the scene of a death; or
(2) Transporting a dead human body.
(b) Hazardous material vehicle means a vehicle used by the Department of Transportation for the cleanup of a spill of hazardous or illicit material, solid waste or other environmental hazards on or adjacent to a highway or within the rights-of-way of the Department of Transportation.
(c) Public transit motor bus means a vehicle used by a public transit system, designed for carrying more than 10 passengers and used for the transportation of persons for compensation.
(d) Public transit system has the meaning ascribed to it in NRS 277A.120.
(e) Traffic incident means any vehicle, person, condition or other traffic hazard which is located on or near a roadway and which poses a danger to the flow of traffic or to a person involved in, responding to or assisting with the traffic hazard.
(f) Traffic incident management vehicle means an authorized vehicle used by the Department of Transportation to provide aid to motorists or to mitigate traffic incidents and which makes use of flashing amber warning lights that meet the requirements of subsection 1 of NRS 484D.185 and any standards approved by the Department of Public Safety.
κ2023 Statutes of Nevada, Page 652 (CHAPTER 125, AB 56)κ
amber warning lights that meet the requirements of subsection 1 of NRS 484D.185 and any standards approved by the Department of Public Safety. The term includes:
(1) Vehicles operating as part of the Freeway Service Patrol of the Department of Transportation; and
(2) Vehicles, including, without limitation, hazardous material vehicles, which respond to traffic incidents, motor vehicle crashes or other emergencies for purposes other than providing police, fire and emergency medical services.
Sec. 2. NRS 484B.267 is hereby amended to read as follows:
484B.267 1. Upon the immediate approach of an authorized emergency vehicle or an official vehicle of a regulatory agency, making use of flashing lights meeting the requirements of subsection 3 of NRS 484A.480, the driver of every other vehicle shall [yield] , except when otherwise directed by a law enforcement officer:
(a) Yield the right-of-way . [and shall]
(b) Except as otherwise provided in this paragraph, immediately drive to a position parallel to, and as close as possible to, the right-hand edge or , if applicable, curb of a highway and clear of any intersection . [and shall stop] The driver shall not drive to and stop in a position on a paved shoulder of a highway where lawfully placed signage allows a vehicle described in paragraphs (a) to (f), inclusive, of subsection 4 of NRS 484B.210 to drive on the shoulder.
(c) Stop and remain in such position until the authorized emergency vehicle or official vehicle has passed . [, except when otherwise directed by a law enforcement officer.]
2. Upon approaching an authorized emergency vehicle or an official vehicle of a regulatory agency which is moving or preparing to move in any direction, including, without limitation, arriving at or leaving the scene of a crash or other incident, and making use of flashing lights meeting the requirements of subsection 3 of NRS 484A.480, the driver of any other vehicle shall, except when otherwise directed by a law enforcement officer:
(a) Decrease the speed of his or her vehicle to a speed that is reasonable and proper, pursuant to the criteria set forth in subsection 1 of NRS 484B.600;
(b) Proceed with caution;
(c) Be prepared to stop;
(d) If the authorized emergency vehicle or official vehicle of a regulatory agency is moving in the same direction of travel as the driver, not drive abreast of or overtake the authorized emergency vehicle or official vehicle of a regulatory agency;
(e) If possible, drive in a lane that is not adjacent to the lane in which the authorized emergency vehicle or official vehicle of a regulatory agency is moving, unless roadway, traffic, weather or other conditions make doing so unsafe or impossible; and
(f) If the authorized emergency vehicle or official vehicle of a regulatory agency:
(1) Approaches the drivers vehicle, proceed as required pursuant to subsection 1; or
κ2023 Statutes of Nevada, Page 653 (CHAPTER 125, AB 56)κ
(2) Stops, proceed as required pursuant to NRS 484B.607.
3. A person who violates this section is guilty of a misdemeanor.
4. As used in this section, preparing to move means any indication that is visible to an approaching driver that an authorized emergency vehicle or an official vehicle of a regulatory agency is about to move, including, without limitation:
(a) A movement of the vehicle; or
(b) The use of hand signals by the driver of the vehicle.
Sec. 3. NRS 484B.587 is hereby amended to read as follows:
484B.587 1. When official traffic-control devices are erected giving notice thereof, a person shall not drive a vehicle onto or from any controlled-access highway except at those entrances and exits which are indicated by such devices.
2. Except if required by an emergency [,] or as otherwise authorized by subsection 3, a person shall not drive a vehicle on a controlled-access highway:
(a) Upon any portion of the highway that lies outside of a marked traffic lane or marked entrance or exit lane; or
(b) Across any solid white line that separates an entrance or exit lane from a marked traffic lane.
3. A person driving a vehicle described in paragraphs (a) to (f), inclusive, of subsection 4 of NRS 484B.210 may drive that vehicle on a paved shoulder of a controlled-access highway where lawfully placed signage allows that vehicle to use the shoulder in that manner.
4. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484B.130.
Sec. 4. 1. This section becomes effective upon passage and approval.
2. Sections 1, 2 and 3 of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2024, for all other purposes.
________
κ2023 Statutes of Nevada, Page 654κ
Senate Bill No. 411Senator Ohrenschall
CHAPTER 126
[Approved: May 31, 2023]
AN ACT relating to persons with disabilities; authorizing the juvenile court to establish an appropriate program for the treatment of children diagnosed with or suspected to have autism spectrum disorders; revising provisions relating to the membership of the Nevada Commission on Autism Spectrum Disorders; and providing other matters properly relating thereto.
Legislative Counsels Digest:
With certain exceptions, existing law grants the juvenile court exclusive jurisdiction over a child who is alleged or adjudicated to have committed a delinquent act. In general, under existing law, a child commits a delinquent act if the child commits an act designated as a criminal offense. (NRS 62B.330) Section 1 of this bill authorizes the juvenile court to establish an appropriate program for the treatment of children diagnosed with or suspected to have autism spectrum disorders to which it may assign a child who is alleged or adjudicated to have committed a delinquent act. Section 1 also prescribes criteria for eligibility to participate in such a program.
Existing law establishes the Nevada Commission on Autism Spectrum Disorders and prescribes the membership of the Commission. The Commission consists of seven members appointed by the Governor, two of whom must represent school districts in this State. (NRS 427A.8801) Section 2 of this bill makes those two members nonvoting members of the Commission. Section 3 of this bill makes a conforming change relating to the designation of certain members as nonvoting members of the Commission.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 62B of NRS is hereby amended by adding thereto a new section to read as follows:
1. The juvenile court may establish an appropriate program for the treatment of children diagnosed with or suspected to have autism spectrum disorders to which it may assign a child who is alleged or adjudicated to have committed a delinquent act if the child:
(a) Is diagnosed with, including, without limitation, through the use of a standardized assessment, or suspected to have an autism spectrum disorder;
(b) Would benefit from assignment to the program; and
(c) Is not ineligible for assignment to the program pursuant to any other provision of law.
2. The assignment of a child who is alleged or adjudicated to have committed a delinquent act to a program pursuant to this section must:
κ2023 Statutes of Nevada, Page 655 (CHAPTER 126, SB 411)κ
(a) Include:
(1) The terms and conditions for successful completion of the program; and
(2) The terms and conditions of the informal supervision or probation of the child, if applicable.
(b) Provide for progress reports at intervals set by the juvenile court to ensure that the child is making satisfactory progress towards completion of the program.
3. As used in this section, autism spectrum disorder means a condition that meets the diagnostic criteria for autism spectrum disorder published in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association or the edition thereof that was in effect at the time the condition was diagnosed or determined.
Sec. 2. NRS 427A.8801 is hereby amended to read as follows:
427A.8801 1. The Nevada Commission on Autism Spectrum Disorders is hereby created within the Division. The Commission consists of seven members appointed by the Governor. The Governor shall appoint to the Commission:
(a) Two members who are representatives of school districts in this State;
(b) One member who is a behavior analyst;
(c) One member who is the parent of a person with an autism spectrum disorder who is over 12 years of age;
(d) One member who is the parent of a child with autism who is under 5 years of age;
(e) One member who is the parent of a child with autism who resides in a county with a population of less than 100,000; and
(f) One member who is a representative of the public at large.
2. The members described in paragraph (a) of subsection 1 are nonvoting members.
3. After the initial term, the term of each member is 3 years. A member may be reappointed.
[3.] 4. Members of the Commission serve without compensation and are not entitled to the per diem and travel expenses provided for state officers and employees generally. Each member of the Commission who is an officer or employee of a local government must be relieved from his or her duties without loss of his or her regular compensation so that the member may prepare for and attend meetings of the Commission and perform any work necessary to carry out the duties of the Commission in the most timely manner practicable. A local government shall not require an officer or employee who is a member of the Commission to make up the time the member is absent from work to carry out his or her duties as a member, and shall not require the member to take annual vacation or compensatory time for the absence.
[4.] 5. 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.
κ2023 Statutes of Nevada, Page 656 (CHAPTER 126, SB 411)κ
[5.] 6. The Governor shall annually designate the Chair and Vice Chair of the Commission from among the voting members of the Commission.
[6.] 7. 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.
[7.] 8. As used in this section, behavior analyst has the meaning ascribed to it in NRS 437.010.
Sec. 3. NRS 427A.8802 is hereby amended to read as follows:
427A.8802 1. The Commission shall meet at least eight times each year at the call of the Governor or the Chair or a majority of its voting members.
2. The Commission may establish subcommittees consisting of members of the Commission or other persons to assist the Commission in the performance of its duties.
3. The Division shall provide such administrative support to the Commission and any subcommittee thereof as is necessary to carry out the duties of the Commission.
4. The Commission shall:
(a) Advise and make recommendations to the Governor regarding the needs of persons with autism spectrum disorders and their families and the availability, delivery and coordination of services for such persons in this State;
(b) Review available data concerning autism spectrum disorders, including, without limitation, data concerning the ages of persons served by public programs for persons with autism spectrum disorders, the number of persons on waiting lists for such programs and the outcomes for persons receiving services through such programs, and monitor programs operated by state and local agencies that serve persons with autism spectrum disorders and their families; and
(c) Submit to the Governor an annual report concerning the activities of the Commission.
Sec. 4. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 657κ
Assembly Bill No. 107Committee on Commerce and Labor
CHAPTER 127
[Approved: May 31, 2023]
AN ACT relating to pharmacy; requiring a pharmacist who is employed by an off-site pharmaceutical service provider and provides certain services to a hospital or correctional institution in this State to be registered to practice pharmacy in this State; revising provisions governing certain pharmacies located outside this State; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the State Board of Pharmacy to adopt regulations governing the practice of pharmacy in this State. (NRS 639.070) Existing regulations require a pharmacist who is employed by an off-site pharmaceutical service provider to provide remote chart order processing services to a hospital or correctional institution in this State to be registered to practice in this State. (NAC 639.4916) Section 1 of this bill: (1) codifies that requirement in statute; and (2) requires an off-site pharmaceutical service provider to ensure compliance with that requirement.
Existing law requires any pharmacy located outside this State to be licensed by the Board if that pharmacy provides mail order or Internet service to or solicits or advertises for orders for drugs available with a prescription from a resident of this State. (NRS 639.23279, 639.2328) Existing law requires such a pharmacy to submit to inspection by the Board and provide to the Board certain information concerning each prescription for a drug that is shipped, mailed or delivered to a resident of this State. Existing law additionally prohibits certain Canadian pharmacies that provide mail order service to a resident of this State from selling, distributing or furnishing to a resident of this State a controlled substance, a prescription drug that is not currently approved by the federal Food and Drug Administration or more than a 3-month supply of any drug at one time. (NRS 639.23284) Existing law also: (1) authorizes a pharmacy located outside this State that provides mail order service to a resident of this State to substitute drugs in accordance with the applicable laws and regulations of the jurisdiction where the pharmacy is located; and (2) requires such a pharmacy to provide a toll-free telephone service for its customers to a pharmacist who has access to the records of the customers from Nevada. (NRS 639.23286) Sections 3-7 of this bill revise those provisions to apply to a pharmacy outside this State that dispenses prescriptions to patients located in this State, thereby removing the applicability of those provisions to a pharmacy that solicits, advertises or offers to sell drugs in this State but does not dispense prescriptions to patients located in this State. Section 4 of this bill also requires a pharmacy located outside this State that dispenses prescriptions to patients located in this State, as part of its application for the issuance or renewal of a license, to provide to the Board the name of at least one pharmacist registered in this State who practices at the pharmacy and who will be responsible for: (1) any prescription dispensed to a patient in this State; and (2) any act or omission of pharmacy personnel who are not registered with the Board. Sections 2, 8 and 9 of this bill make conforming changes to ensure the consistency of language used to refer to pharmacies located outside Nevada that dispense prescriptions to patients located in Nevada.
κ2023 Statutes of Nevada, Page 658 (CHAPTER 127, AB 107)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 639 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A pharmacist who is employed by an off-site pharmaceutical service provider to provide remote chart order processing services to a hospital or correctional institution must be registered to practice pharmacy in this State.
2. An off-site pharmaceutical service provider shall ensure that any remote chart order processing services that are provided to a hospital or correctional institution in this State are provided by a pharmacist who complies with the requirements of subsection 1.
3. As used in this section:
(a) Chart order processing services means nondispensary pharmaceutical services that are provided by a pharmacy to a hospital or correctional institution, including, without limitation:
(1) Receiving, interpreting and clarifying a chart order received from a hospital or correctional institution;
(2) Entering information regarding a chart order into the computerized data system of a hospital or correctional institution;
(3) Interpreting clinical data regarding a patient of a hospital or correctional institution;
(4) Performing therapeutic interventions regarding a patient of a hospital or correctional institution;
(5) Providing information to the appropriate staff of a hospital or correctional institution regarding a chart order submitted by the hospital or correctional institution; and
(6) Providing information regarding the treatment of a patient of a hospital or correctional institution.
(b) Correctional institution means any penal facility used for confinement of persons or any facility used for detention of juveniles, which is operated by or under the supervision of a subdivision of the State. The term includes a jail.
(c) Off-site pharmaceutical service provider means a pharmacy that provides remote chart order processing services to a hospital or correctional institution that is owned by the same entity as the pharmacy or with which the pharmacy has contracted to provide remote chart order processing services.
(d) Remote chart order processing services means chart order processing services provided by an off-site pharmaceutical service provider to a hospital or correctional institution, including, without limitation, transferring information regarding a chart order from the off-site pharmaceutical service provider to members of the staff of the hospital or correctional institution that submitted the chart order.
Sec. 2. NRS 639.230 is hereby amended to read as follows:
639.230 1. A person operating a business in this State shall not use the word drug or drugs, prescription or pharmacy, or similar words or words of similar import, without first having secured a license from the Board. A person operating a business in this State which is not otherwise subject to the provisions of this chapter shall not use the letters Rx or RX without the approval of the Board.
κ2023 Statutes of Nevada, Page 659 (CHAPTER 127, AB 107)κ
approval of the Board. The Board may deny approval of the use of the letters Rx or RX by any person if the Board determines that:
(a) The person is subject to the provisions of this chapter but has not secured a license from the Board; or
(b) The use of the letters Rx or RX by the person is confusing or misleading to or threatens the health or safety of the residents of this State.
2. Each license must be issued to a specific person and for a specific location and is not transferable. The original license must be displayed on the licensed premises as provided in NRS 639.150. The original license and the fee required for reissuance of a license must be submitted to the Board before the reissuance of the license.
3. If the owner of a pharmacy is a partnership or corporation, any change of partners or corporate officers must be reported to the Board at such a time as is required by a regulation of the Board.
4. Except as otherwise provided in subsection 6, in addition to the requirements for renewal set forth in NRS 639.180, every person holding a license to operate a pharmacy must satisfy the Board that the pharmacy is conducted according to law.
5. Any violation of any of the provisions of this chapter by a managing pharmacist or by personnel of the pharmacy under the supervision of the managing pharmacist is cause for the suspension or revocation of the license of the pharmacy by the Board.
6. The provisions of this section do not prohibit:
(a) A Canadian pharmacy which is licensed by the Board and which has been recommended by the Board pursuant to subsection 4 of NRS 639.2328 for inclusion on the Internet website established and maintained pursuant to paragraph (i) of subsection 1 of NRS 232.459 from [providing prescription drugs through mail order service to residents of] dispensing prescriptions to patients located in Nevada in the manner set forth in NRS 639.2328 to 639.23286, inclusive; or
(b) A registered pharmacist or practitioner from collaborating in a collaborative practice agreement.
Sec. 3. NRS 639.23279 is hereby amended to read as follows:
639.23279 For the purposes of NRS 639.23279 to 639.23286, inclusive, a pharmacy located outside Nevada that [provides mail order service] dispenses prescriptions to [a resident of] patients located in Nevada includes any person who sells [or offers to sell] drugs to persons in this State via the Internet.
Sec. 4. NRS 639.2328 is hereby amended to read as follows:
639.2328 1. Every pharmacy located outside Nevada that [provides mail order service] dispenses prescriptions to [or solicits or advertises for orders for drugs available with a prescription from a resident of] patients located in Nevada must be licensed by the Board.
2. To be licensed or to renew a license, such a pharmacy must:
(a) Be licensed as a pharmacy, or the equivalent, by the state or country in which its dispensing facilities are located.
(b) Comply with all applicable federal laws, regulations and standards.
(c) Submit an application in the form furnished by the Board.
(d) Provide the following information to the Board:
(1) The name and address of the owner;
(2) The location of the pharmacy;
(3) The name of the registered pharmacist who is the managing pharmacist; [and]
κ2023 Statutes of Nevada, Page 660 (CHAPTER 127, AB 107)κ
(4) The name of at least one registered pharmacist who practices at the pharmacy, who may be the managing pharmacist or another pharmacist, who will be responsible for any prescription dispensed to a patient located in Nevada and responsible for any acts or omissions of pharmacy personnel who are not registered with the Board; and
(5) Any other information the Board deems necessary.
(e) Pay the fee required by regulation of the Board.
(f) Submit evidence satisfactory to the Board that the facility, records and operation of the pharmacy comply with the laws and regulations of the state or country in which the pharmacy is located.
(g) Submit certification satisfactory to the Board that the pharmacy complies with all lawful requests and directions from the regulatory board or licensing authority of the state or country in which the pharmacy is located relating to the shipment, mailing or delivery of drugs.
(h) Be certified by the Board pursuant to NRS 639.23288 if the pharmacy operates an Internet pharmacy.
3. In addition to the requirements of subsection 2, the Board may require such a pharmacy to be inspected by the Board.
4. The Board shall notify the Office for Consumer Health Assistance of the Department of Health and Human Services each time the Board licenses a Canadian pharmacy pursuant to this section and recommend that the Office for Consumer Health Assistance include each such pharmacy on the Internet website established and maintained pursuant to paragraph (i) of subsection 1 of NRS 232.459.
Sec. 5. NRS 639.23282 is hereby amended to read as follows:
639.23282 Before issuing a license to a pharmacy located outside Nevada that [provides mail order service] dispenses prescriptions to [a resident of] patients located in Nevada, the Board shall consider:
1. The qualifications and credentials of the applicant; and
2. Any suspension or revocation of a license or restriction on a license held by the applicant.
Sec. 6. NRS 639.23284 is hereby amended to read as follows:
639.23284 1. Every pharmacy located outside Nevada that [provides mail order service] dispenses prescriptions to [a resident of] patients located in Nevada:
(a) Shall report to the Board any change of information that appears on its license and pay the fee required by regulation of the Board.
(b) Shall make available for inspection all pertinent records, reports, documents or other material or information required by the Board.
(c) As required by the Board, must be inspected by the Board or:
(1) The regulatory board or licensing authority of the state or country in which the pharmacy is located; or
(2) The Drug Enforcement Administration.
(d) As required by the Board, shall provide the following information concerning each prescription for a drug that is shipped, mailed or delivered to a [resident of] patient located in Nevada:
(1) The name of the patient;
(2) The name of the prescriber;
(3) The number of the prescription;
(4) The date of the prescription;
(5) The name of the drug;
(6) The symptom or purpose for which the drug is prescribed, if requested by the patient pursuant to NRS 639.2352; and
κ2023 Statutes of Nevada, Page 661 (CHAPTER 127, AB 107)κ
(7) The strength and quantity of the dose.
2. In addition to complying with the requirements of subsection 1, every Canadian pharmacy which is licensed by the Board and which has been recommended by the Board pursuant to subsection 4 of NRS 639.2328 for inclusion on the Internet website established and maintained pursuant to paragraph (i) of subsection 1 of NRS 232.459 that [provides mail order service] dispenses prescriptions to a [resident of] patient located in Nevada shall not sell, distribute or furnish to a [resident of] patient located in this State:
(a) A controlled substance;
(b) A prescription drug that has not been approved by the federal Food and Drug Administration;
(c) A generic prescription drug that has not been approved by the federal Food and Drug Administration;
(d) A prescription drug for which the federal Food and Drug Administration has withdrawn or suspended its approval; or
(e) A quantity of prescription drugs at one time that includes more drugs than are prescribed to the patient as a 3-month supply of the drugs.
Sec. 7. NRS 639.23286 is hereby amended to read as follows:
639.23286 A pharmacy located outside Nevada that [provides mail order service] dispenses prescriptions to [a resident of] patients located in Nevada:
1. May substitute a drug if the substitution is made in accordance with the provisions of the laws and regulations of the state or country in which the pharmacy is located.
2. Shall provide a toll-free telephone service for its customers to a pharmacist who has access to the records of the customers from Nevada. The telephone service must be available for not less than 5 days per week and for at least 40 hours per week. The telephone number must be disclosed on the label attached to each container of drugs dispensed to a [resident of] patient located in Nevada.
Sec. 8. NRS 639.2583 is hereby amended to read as follows:
639.2583 1. Except as otherwise provided in this section, if a practitioner has prescribed a:
(a) Drug by brand name and the practitioner has not indicated, by a method set forth in subsection 5, that a substitution is prohibited, the pharmacist who fills or refills the prescription shall dispense, in substitution, another drug which is available to him or her if the other drug:
(1) Is less expensive than the drug prescribed by brand name;
(2) Is biologically equivalent to the drug prescribed by brand name;
(3) Has the same active ingredient or ingredients of the same strength, quantity and form of dosage as the drug prescribed by brand name; and
(4) Is of the same generic type as the drug prescribed by brand name.
(b) Biological product and the practitioner has not indicated, by a method set forth in subsection 5, that a substitution is prohibited, the pharmacist who fills or refills the prescription shall dispense, in substitution, another biological product which is available to him or her if the other biological product:
(1) Is an interchangeable biological product for the biological product prescribed; and
(2) Is less expensive than the biological product prescribed by brand name.
κ2023 Statutes of Nevada, Page 662 (CHAPTER 127, AB 107)κ
2. If the pharmacist has available to him or her more than one drug or interchangeable biological product that may be substituted for the drug prescribed by brand name or biological product prescribed, the pharmacist shall dispense, in substitution, the least expensive of the drugs or interchangeable biological products that are available to him or her for substitution.
3. Before a pharmacist dispenses a drug or biological product in substitution for a drug prescribed by brand name or biological product prescribed, the pharmacist shall:
(a) Advise the person who presents the prescription that the pharmacist intends to dispense a drug or biological product in substitution; and
(b) Advise the person that he or she may refuse to accept the drug or biological product that the pharmacist intends to dispense in substitution, unless the pharmacist is being paid for the drug by a governmental agency.
4. If a person refuses to accept the drug or biological product that the pharmacist intends to dispense in substitution, the pharmacist shall dispense the drug prescribed by brand name or biological product prescribed, unless the pharmacist is being paid for the drug or biological product by a governmental agency, in which case the pharmacist shall dispense the drug or biological product in substitution.
5. A pharmacist shall not dispense a drug or biological product in substitution for a drug prescribed by brand name or biological product prescribed if the practitioner has indicated that a substitution is prohibited using one or more of the following methods:
(a) By oral communication to the pharmacist at any time before the drug or biological product is dispensed.
(b) By handwriting the words Dispense as Written on the form used for the prescription, including, without limitation, any form used for transmitting the prescription from a facsimile machine to another facsimile machine. The pharmacist shall disregard the words Dispense as Written if they have been placed on the form used for the prescription by preprinting or other mechanical process or by any method other than handwriting.
(c) By including the words Dispense as Written in any prescription that is given to the pharmacist by electronic transmission pursuant to NRS 639.23535 and the regulations of the Board or in accordance with NRS 439.581 to 439.595, inclusive, and the regulations adopted pursuant thereto, including, without limitation, an electronic transmission from a computer equipped with a facsimile modem to a facsimile machine or from a computer to another computer pursuant to the regulations of the Board.
6. The provisions of this section also apply to a prescription issued to a person by a practitioner from outside this State if the practitioner has not indicated, by a method set forth in subsection 5, that a substitution is prohibited.
7. The provisions of this section do not apply to:
(a) A prescription drug or biological product that is dispensed to any inpatient of a hospital by an inpatient pharmacy which is associated with that hospital;
(b) A prescription drug that is dispensed to any person by mail order or other common carrier by an Internet pharmacy which is certified by the Board pursuant to NRS 639.23288 and authorized to [provide service by mail order or other common carrier] dispense prescriptions to patients located in Nevada pursuant to the provisions of this chapter; or
κ2023 Statutes of Nevada, Page 663 (CHAPTER 127, AB 107)κ
(c) A prescription drug or biological product that is dispensed to any person by a pharmacist if the substitution:
(1) Would violate the terms of a health care plan that maintains a mandatory, exclusive or closed formulary for its coverage for prescription drugs and biological products; or
(2) Would otherwise make the transaction ineligible for reimbursement by a third party.
Sec. 9. NRS 453.3639 is hereby amended to read as follows:
453.3639 1. Except as otherwise provided in subsection 3, a person who is located within or outside this State shall not, via the Internet, fill or refill a prescription drug if:
(a) The person has reasonable cause to believe that the prescription is being filled or refilled for a person in this State; and
(b) The prescription drug has not been lawfully imported into the United States.
2. Except as otherwise provided in subsection 3, a person who is located within or outside this State shall not, via the Internet, fill or refill a prescription drug if:
(a) The person has reasonable cause to believe that the prescription is being filled or refilled for a person in this State; and
(b) The prescription was not delivered to the person in accordance with all applicable state and federal laws, regulations and standards.
3. The provisions of this section do not prohibit a Canadian pharmacy which is licensed by the Board and which has been recommended by the Board pursuant to subsection 4 of NRS 639.2328 for inclusion on the Internet website established and maintained pursuant to paragraph (i) of subsection 1 of NRS 232.459 from [providing prescription drugs through mail order service to residents of] dispensing prescriptions to patients located in Nevada in the manner set forth in NRS 639.2328 to 639.23286, inclusive.
4. A person shall not knowingly aid another person in any act or transaction that violates any provision of this section.
5. Except as otherwise provided in subsection 6, a person who violates any provision of this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.
6. A person who violates any provision of this section 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 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $100,000, if the substance or drug involved:
(a) Is classified in schedule I; or
(b) Proximately causes substantial bodily harm to or the death of the intended recipient of the substance or drug or any other person.
7. The court shall not grant probation to or suspend the sentence of a person punished pursuant to subsection 6.
8. A person may be prosecuted, convicted and punished for a violation of this section whether or not the person is prosecuted, convicted or punished for violating any other specific statute based upon the same act or transaction.
________
κ2023 Statutes of Nevada, Page 664κ
Assembly Bill No. 120Assemblyman Hafen
CHAPTER 128
[Approved: May 31, 2023]
AN ACT relating to health care; revising certain restrictions on the provision of voluntary health care service; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law generally authorizes a provider of health care who is licensed or certified in this State or another state or territory of the United States to provide voluntary health care service in this State in association with a sponsoring organization. Existing law prohibits a provider of health care who has not actively practiced his or her profession continuously for the immediately preceding 3 years from providing voluntary health care service. (NRS 629.450) This bill revises this restriction to instead prohibit a provider of health care who was not initially issued his or her professional license or certificate within the immediately preceding 3 years and who has not practiced his or her profession within the immediately preceding 3 years from providing voluntary health care service in this State.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 629.450 is hereby amended to read as follows:
629.450 1. Notwithstanding any provision of law to the contrary and except as otherwise provided in this section, a provider of health care may provide voluntary health care service in this State in association with a sponsoring organization.
2. A provider of health care shall not provide voluntary health care service in this State if:
(a) The professional license or certificate of the provider of health care is suspended or revoked, or has been suspended or revoked within the immediately preceding 5 years, pursuant to disciplinary proceedings in this State or in any other state or territory of the United States;
(b) The voluntary health care service provided is outside the scope of practice authorized by the professional license or certificate of the provider of health care; or
(c) [The] For a provider of health care who was not initially issued his or her professional license or certificate within the immediately preceding 3 years, the provider of health care has not [actively] practiced his or her profession [continuously for] within the immediately preceding 3 years.
3. A provider of health care who provides voluntary health care service pursuant to this section shall not accept compensation of any type, directly or indirectly, or any other benefit or consideration from any person or other source for the provision of the service.
________
κ2023 Statutes of Nevada, Page 665κ
Assembly Bill No. 124Assemblywoman Hardy
CHAPTER 129
[Approved: May 31, 2023]
AN ACT relating to osteopathic medicine; revising provisions governing the submission of evidence of completion of continuing education to the State Board of Osteopathic Medicine; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law and regulations require the holder of a license to practice osteopathic medicine or a license as a physician assistant issued by the State Board of Osteopathic Medicine to renew his or her license annually. Existing law and regulations require an applicant for the renewal of such a license to submit evidence to the Board that he or she has completed the number of hours of continuing medical education required by regulations adopted by the Board. (NRS 633.471; NAC 633.285) Existing law also requires the Board to annually request the submission of verified evidence of completion of the continuing medical education requirements from at least one-third of the applicants for the renewal of such a license. (NRS 633.471) This bill: (1) removes the requirement that the Board annually request the submission of such evidence from at least one-third of such applicants for renewal; and (2) instead requires the Board to determine the percentage of such applicants from whom it will request such evidence.
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 633.471 is hereby amended to read as follows:
633.471 1. Except as otherwise provided in subsection 14 and NRS 633.491, every holder of a license, except a physician assistant, issued under this chapter, except a temporary or a special license, may renew the license on or before January 1 of each calendar year after its issuance by:
(a) Applying for renewal on forms provided by the Board;
(b) Paying the annual license renewal fee specified in this chapter;
(c) Submitting a list of all actions filed or claims submitted to arbitration or mediation for malpractice or negligence against the holder during the previous year;
(d) Subject to subsection 13, submitting evidence to the Board that in the year preceding the application for renewal the holder has attended courses or programs of continuing education approved by the Board in accordance with regulations adopted by the Board totaling a number of hours established by the Board which must not be less than 35 hours nor more than that set in the requirements for continuing medical education of the American Osteopathic Association; and
(e) Submitting all information required to complete the renewal.
2. The Secretary of the Board shall notify each licensee of the requirements for renewal not less than 30 days before the date of renewal.
3. The Board shall request submission of verified evidence of completion of the required number of hours of continuing medical education annually from [no fewer than one-third] a percentage of the applicants for renewal of a license to practice osteopathic medicine or a license to practice as a physician assistant [.]
κ2023 Statutes of Nevada, Page 666 (CHAPTER 129, AB 124)κ
renewal of a license to practice osteopathic medicine or a license to practice as a physician assistant [.] determined by the Board. Subject to subsection 13, upon a request from the Board, an applicant for renewal of a license to practice osteopathic medicine or a license to practice as a physician assistant shall submit verified evidence satisfactory to the Board that in the year preceding the application for renewal the applicant attended courses or programs of continuing medical education approved by the Board totaling the number of hours established by the Board.
4. The Board shall require each holder of a license to practice osteopathic medicine to complete a course of instruction within 2 years after initial licensure that provides at least 2 hours of instruction on evidence-based suicide prevention and awareness as described in subsection 9.
5. The Board shall encourage each holder of a license to practice osteopathic medicine to receive, as a portion of his or her continuing education, training concerning methods for educating patients about how to effectively manage medications, including, without limitation, the ability of the patient to request to have the symptom or purpose for which a drug is prescribed included on the label attached to the container of the drug.
6. The Board shall encourage each holder of a license to practice osteopathic medicine or as a physician assistant to receive, as a portion of his or her continuing education, training and education in the diagnosis of rare diseases, including, without limitation:
(a) Recognizing the symptoms of pediatric cancer; and
(b) Interpreting family history to determine whether such symptoms indicate a normal childhood illness or a condition that requires additional examination.
7. The Board shall require, as part of the continuing education requirements approved by the Board, the biennial completion by a holder of a license to practice osteopathic medicine of at least 2 hours of continuing education credits in ethics, pain management, care of persons with addictive disorders or the screening, brief intervention and referral to treatment approach to substance use disorder.
8. The continuing education requirements approved by the Board must allow the holder of a license as an osteopathic physician or physician assistant to receive credit toward the total amount of continuing education required by the Board for the completion of a course of instruction relating to genetic counseling and genetic testing.
9. The Board shall require each holder of a license to practice osteopathic medicine to receive as a portion of his or her continuing education at least 2 hours of instruction every 4 years on evidence-based suicide prevention and awareness which may include, without limitation, instruction concerning:
(a) The skills and knowledge that the licensee needs to detect behaviors that may lead to suicide, including, without limitation, post-traumatic stress disorder;
(b) Approaches to engaging other professionals in suicide intervention; and
(c) The detection of suicidal thoughts and ideations and the prevention of suicide.
10. A holder of a license to practice osteopathic medicine may not substitute the continuing education credits relating to suicide prevention and awareness required by this section for the purposes of satisfying an equivalent requirement for continuing education in ethics.
κ2023 Statutes of Nevada, Page 667 (CHAPTER 129, AB 124)κ
awareness required by this section for the purposes of satisfying an equivalent requirement for continuing education in ethics.
11. The Board shall require each holder of a license to practice osteopathic medicine to complete at least 2 hours of training in the screening, brief intervention and referral to treatment approach to substance use disorder within 2 years after initial licensure.
12. The Board shall require each psychiatrist or a physician assistant practicing under the supervision of a psychiatrist to biennially complete one or more courses of instruction that provide at least 2 hours of instruction relating to cultural competency and diversity, equity and inclusion. Such instruction:
(a) May include the training provided pursuant to NRS 449.103, where applicable.
(b) Must be based upon a range of research from diverse sources.
(c) Must address persons of different cultural backgrounds, including, without limitation:
(1) Persons from various gender, racial and ethnic backgrounds;
(2) Persons from various religious backgrounds;
(3) Lesbian, gay, bisexual, transgender and questioning persons;
(4) Children and senior citizens;
(5) Veterans;
(6) Persons with a mental illness;
(7) Persons with an intellectual disability, developmental disability or physical disability; and
(8) Persons who are part of any other population that a psychiatrist or physician assistant practicing under the supervision of a psychiatrist may need to better understand, as determined by the Board.
13. The Board shall not require a physician assistant to receive or maintain certification by the National Commission on Certification of Physician Assistants, or its successor organization, or by any other nationally recognized organization for the accreditation of physician assistants to satisfy any continuing education requirement pursuant to paragraph (d) of subsection 1 and subsection 3.
14. Members of the Armed Forces of the United States and the United States Public Health Service are exempt from payment of the annual license renewal fee during their active duty status.
Sec. 2. This act becomes effective upon passage and approval.
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κ2023 Statutes of Nevada, Page 668κ
Senate Bill No. 316Senators Scheible, Spearman; D. Harris, Nguyen and Ohrenschall
CHAPTER 130
[Approved: May 31, 2023]
AN ACT relating to criminal law; revising provisions relating to certain annual reports concerning criminal cases; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the district attorney for each county to prepare and submit to the Attorney General an annual report concerning certain cases filed during the previous calendar year which included a charge for murder or voluntary manslaughter. Among other requirements, existing law requires the annual report to include, for each case filed: (1) the age, gender and race of the defendant; and (2) the name of each court in which the case was prosecuted. (NRS 178.750) This bill revises requirements relating to the annual report by: (1) transferring the responsibilities of the Attorney General concerning the report to the Department of Sentencing Policy; and (2) requiring the report to include the name of the defendant and the case number.
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 178.750 is hereby amended to read as follows:
178.750 1. The district attorney for each county shall prepare and submit a report, on a form approved by the [Attorney General,] Department of Sentencing Policy created by NRS 176.01323, to the [Attorney General] Department of Sentencing Policy not later than February 1 of each year concerning each case filed during the previous calendar year that included a charge for murder or voluntary manslaughter. The district attorney shall exclude from the report any charge for manslaughter that resulted from a death in a crash involving a motor vehicle.
2. The report required pursuant to subsection 1 must include, without limitation:
(a) The name, age, gender and race of the defendant;
(b) The age, gender and race of any codefendant or other person charged or suspected of having participated in the homicide and in any alleged related offense;
(c) The age, gender and race of the victim of the homicide and any alleged related offense;
(d) The date of the homicide and of any alleged related offense;
(e) The date of filing of the information or indictment;
(f) The [name of each] case number and court in which the case was prosecuted;
(g) Whether or not the prosecutor filed a notice of intent to seek the death penalty and, if so, when the prosecutor filed the notice;
(h) The final disposition of the case and whether or not the case was tried before a jury;
κ2023 Statutes of Nevada, Page 669 (CHAPTER 130, SB 316)κ
(i) The race, ethnicity and gender of each member of the jury, if the case was tried by a jury; and
(j) The identity of:
(1) Each prosecuting attorney who participated in the decision to file the initial charges against the defendant;
(2) Each prosecuting attorney who participated in the decision to offer or accept a plea, if applicable;
(3) Each prosecuting attorney who participated in the decision to seek the death penalty, if applicable; and
(4) Each person outside the office of the district attorney who was consulted in determining whether to seek the death penalty or to accept or reject a plea, if any.
3. If all the information required pursuant to subsection 1 cannot be provided because the case is still in progress, an additional report must be filed with the [Attorney General] Department of Sentencing Policy each time a subsequent report is filed until all the information, to the extent available, has been provided.
Sec. 2. This act becomes effective on July 1, 2023.
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Senate Bill No. 338Senator Flores
CHAPTER 131
[Approved: May 31, 2023]
AN ACT relating to off-highway vehicles; revising the definition of large all-terrain vehicle; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law defines a large all-terrain vehicle as any all-terrain vehicle that includes seating capacity for at least two people abreast and: (1) total seating capacity for at least four people; or (2) a truck bed. (NRS 490.043) Section 1.5 of this bill revises the definition of large all-terrain vehicle by removing the requirements that such a vehicle have total seating capacity for at least four people or a truck bed.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 1.5. NRS 490.043 is hereby amended to read as follows:
490.043 Large all-terrain vehicle means any all-terrain vehicle that includes seating capacity for at least two people abreast . [and:
1. Total seating capacity for at least four people; or
2. A truck bed.]
Secs. 2-14. (Deleted by amendment.)
________
κ2023 Statutes of Nevada, Page 670κ
Senate Bill No. 351Senators D. Harris, Scheible and Stone
CHAPTER 132
[Approved: May 31, 2023]
AN ACT relating to offenders; requiring the Director of the Department of Corrections to adopt certain regulations relating to visits and correspondence between offenders and others; requiring a warden or manager who denies a prospective visitor to provide certain written notice of the denial; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the warden or manager of a correctional institution or facility to allow visits and correspondence between offenders and appropriate friends, relatives and others under regulations adopted by the Director of the Department of Corrections and approved by the Board of State Prison Commissioners. (NRS 209.423) Section 1 of this bill requires the Director, with the approval of the Board, to adopt regulations relating to visits and correspondence between offenders and others. Section 1 prohibits any such regulations from imposing requirements on the approval of a prospective visitor who has been convicted of a felony in this State or any other state that are not imposed on the approval of a prospective visitor who has not been convicted of a felony in this State or any other state, unless the warden or manager determines that extenuating circumstances exist. Section 1 also: (1) requires a warden or manager who denies a prospective visitor to provide written notice of the denial; and (2) prescribes certain requirements relating to such notice.
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 209.423 is hereby amended to read as follows:
209.423 1. The Director shall, with approval of the Board, adopt regulations relating to visits and correspondence between offenders and others. Such regulations must include, without limitation, procedures for the approval of visitors which must not impose requirements on the approval of a prospective visitor who has been convicted of a felony in this State or any other state that are not imposed on the approval of a prospective visitor who has not been convicted of a felony in this State or any other state, unless the warden or manager determines that extenuating circumstances exist.
2. Wardens and managers may authorize visits and correspondence between offenders and appropriate friends, relatives [,] and others [under] in accordance with the regulations adopted [by the Director and approved by the Board.] pursuant to subsection 1.
3. If the warden or manager denies a prospective visitor, the warden or manager must provide written notice of the denial to the prospective visitor, which must include, without limitation:
(a) An explanation of the reason for the denial; and
(b) If applicable, any extenuating circumstances that necessitated the denial.
Sec. 2. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 671κ
Senate Bill No. 354Senator Scheible
CHAPTER 133
[Approved: May 31, 2023]
AN ACT relating to justices of the peace; requiring justices of the peace to have passed an examination prescribed by the Nevada Supreme Court in certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prescribes the qualifications for a person to be a candidate for or be eligible to the office of justice of the peace, including, without limitation, the requirement that such a person have a high school diploma or its equivalent as determined by the State Board of Education. (NRS 4.010) Section 1 of this bill additionally requires a justice of the peace who is not licensed or admitted to practice law in the courts of this State at the time of his or her election or appointment to pass an examination prescribed by the Nevada Supreme Court within 18 months after taking the official oath. Section 1 requires that such an examination test the competency of the examinees knowledge on certain subject matters related to the duties of a justice of the peace.
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 4.010 is hereby amended to read as follows:
4.010 1. A person may not be a candidate for or be eligible to the office of justice of the peace unless the person is a qualified elector and has never been removed or retired from any judicial office by the Commission on Judicial Discipline. For the purposes of this subsection, a person is eligible to be a candidate for the office of justice of the peace if a decision to remove or retire the person from a judicial office is pending appeal before the Supreme Court or has been overturned by the Supreme Court.
2. A justice of the peace must have a high school diploma or its equivalent as determined by the State Board of Education.
3. In addition to any other requirement provided by law or a court rule, a justice of the peace who is not licensed or admitted to practice law in the courts of this State at the time of his or her election or appointment must pass an examination prescribed by the Nevada Supreme Court within 18 months after taking the official oath. The examination must test the competency of the examinees knowledge on subject matters related to the duties of a justice of the peace, including, without limitation:
(a) Judicial decorum;
(b) Application of the Revised Nevada Code of Judicial Conduct;
(c) Criminal and civil actions and proceedings over which a justice court has jurisdiction, including, without limitation, the issuance of temporary or extended orders for protection; and
(d) The financial administration of a court, including, without limitation, the minimum accounting standards of a justice court.
κ2023 Statutes of Nevada, Page 672 (CHAPTER 133, SB 354)κ
4. In a county whose population is 100,000 or more, a justice of the peace in a township whose population is 100,000 or more must be an attorney who:
(a) Is licensed and admitted to practice law in the courts of this State at the time of his or her election or appointment; and
(b) Has been licensed and admitted to practice law in the courts of this State, another state or the District of Columbia for not less than 5 years at any time preceding his or her election or appointment.
[4.] 5. Subsections 2 and [3] 4 do not apply to any person who held the office of justice of the peace on June 30, 2001.
Sec. 2. The amendatory provisions of this act do not apply to a justice of the peace who holds the office of justice of the peace on July 1, 2023.
Sec. 3. 1. This section becomes effective upon passage and approval.
2. Sections 1 and 2 of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On July 1, 2023, for all other purposes.
________
Senate Bill No. 381Senators D. Harris, Donate, Spearman, Flores; Daly, Krasner, Lange, Neal, Ohrenschall, Scheible and Stone
CHAPTER 134
[Approved: May 31, 2023]
AN ACT relating to property; prohibiting a landlord, with certain exceptions, from requiring a tenant to pay any fee or other charge for the performance of certain repairs, maintenance tasks or other work for which the landlord has a duty to perform to maintain the habitability of a dwelling unit; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires a landlord to maintain a dwelling unit in a habitable condition at all times during the tenancy of that dwelling unit. (NRS 118A.290) This bill prohibits a landlord from requiring a tenant to pay any fee or other charge for the performance of any repairs, maintenance tasks or other work for which the landlord has a duty to perform to maintain the habitability of the dwelling unit. This bill provides an exception from that prohibition for any fee or other charge for the performance of any repairs, maintenance tasks or other work necessary for a condition caused by a deliberate or negligent act or omission by the tenant, a member of the tenants household or a person who has the consent of the tenant to be on the premises.
κ2023 Statutes of Nevada, Page 673 (CHAPTER 134, SB 381)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 118A.290 is hereby amended to read as follows:
118A.290 1. The landlord shall at all times during the tenancy maintain the dwelling unit in a habitable condition. A dwelling unit is not habitable if it violates provisions of housing or health codes concerning the health, safety, sanitation or fitness for habitation of the dwelling unit or if it substantially lacks:
(a) Effective waterproofing and weather protection of the roof and exterior walls, including windows and doors.
(b) Plumbing facilities which conformed to applicable law when installed and which are maintained in good working order.
(c) A water supply approved under applicable law, which is:
(1) Under the control of the tenant or landlord and is capable of producing hot and cold running water;
(2) Furnished to appropriate fixtures; and
(3) Connected to a sewage disposal system approved under applicable law and maintained in good working order to the extent that the system can be controlled by the landlord.
(d) Adequate heating facilities which conformed to applicable law when installed and are maintained in good working order.
(e) Electrical lighting, outlets, wiring and electrical equipment which conformed to applicable law when installed and are maintained in good working order.
(f) An adequate number of appropriate receptacles for garbage and rubbish in clean condition and good repair at the commencement of the tenancy. The landlord shall arrange for the removal of garbage and rubbish from the premises unless the parties by written agreement provide otherwise.
(g) Building, grounds, appurtenances and all other areas under the landlords control at the time of the commencement of the tenancy in every part clean, sanitary and reasonably free from all accumulations of debris, filth, rubbish, garbage, rodents, insects and vermin.
(h) Floors, walls, ceilings, stairways and railings maintained in good repair.
(i) Ventilating, air-conditioning and other facilities and appliances, including elevators, maintained in good repair if supplied or required to be supplied by the landlord.
2. The landlord and tenant may agree that the tenant is to perform specified repairs, maintenance tasks and minor remodeling only if:
(a) The agreement of the parties is entered into in good faith; and
(b) The agreement does not diminish the obligations of the landlord to other tenants in the premises.
3. An agreement pursuant to subsection 2 is not entered into in good faith if the landlord has a duty under subsection 1 to perform the specified repairs, maintenance tasks or minor remodeling and the tenant enters into the agreement because the landlord or his or her agent has refused to perform them.
4. Except as otherwise provided in subsection 5, the landlord shall not require a tenant to pay any fee or other charge for the performance of any repairs, maintenance tasks or other work for which the landlord has a duty under subsection 1 to perform, including, without limitation, any fee or other charge to cover the costs of any deductible or copayment under a policy of insurance for home protection or service contract for the performance of any such repairs, maintenance tasks or other work.
κ2023 Statutes of Nevada, Page 674 (CHAPTER 134, SB 381)κ
repairs, maintenance tasks or other work for which the landlord has a duty under subsection 1 to perform, including, without limitation, any fee or other charge to cover the costs of any deductible or copayment under a policy of insurance for home protection or service contract for the performance of any such repairs, maintenance tasks or other work.
5. The landlord may require a tenant to pay any fee or other charge for the performance of any repairs, maintenance tasks or other work necessary for a condition caused by the tenants own deliberate or negligent act or omission or that of a member of his or her household or other person on the premises with his or her consent.
6. As used in this section:
(a) Insurance for home protection has the meaning ascribed to it in NRS 690B.100.
(b) Service contract has the meaning ascribed to it in NRS 690C.080.
Sec. 2. This act becomes effective on July 1, 2023.
________
Senate Bill No. 382Committee on Judiciary
CHAPTER 135
[Approved: May 31, 2023]
AN ACT relating to juveniles; eliminating the requirement that a district court appoint counsel for a child who is the adverse party in a proceeding for certain orders for protection; providing that an admission, representation or statement made during a proceeding relating to the issuance or dissolution of certain orders for protection is not admissible in any criminal proceeding; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law grants the district court exclusive jurisdiction over the issuance or dissolution of certain orders for protection where the adverse party is a child who is under 18 years of age. Existing law requires a district court to appoint counsel for a child who is the adverse party against whom an order for protection is sought. (NRS 3.2201) Section 1 of this bill eliminates this requirement. Section 1 also provides that an admission, representation or statement made during a proceeding relating to the issuance or dissolution of an order for protection where the adverse party is a child is not admissible in any criminal proceeding.
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 3.2201 is hereby amended to read as follows:
3.2201 1. The district court has exclusive jurisdiction to accept an application for, to consider an application for, and to issue or deny the issuance of any of the following orders when the adverse party against whom the order is sought is a child who is under 18 years of age:
κ2023 Statutes of Nevada, Page 675 (CHAPTER 135, SB 382)κ
(a) A temporary or extended order for protection against domestic violence pursuant to NRS 33.017 to 33.100, inclusive.
(b) A temporary or extended order for protection against harassment in the workplace pursuant to NRS 33.200 to 33.360, inclusive.
(c) An emergency or extended order for protection against high-risk behavior pursuant to NRS 33.500 to 33.670, inclusive.
(d) A temporary or extended order for protection against sexual assault pursuant to NRS 200.378.
(e) A temporary or extended order for protection against stalking, aggravated stalking or harassment pursuant to NRS 200.591.
2. [The district court shall appoint counsel for a child who is the adverse party against whom an order listed in subsection 1 is sought upon:
(a) The issuance of any emergency or temporary order listed in subsection 1; or
(b) Notice of an adversarial hearing on an application for an order listed in subsection 1.
3.] If the district court issues an order listed in subsection 1, the order must be served upon:
(a) The child who is the adverse party; and
(b) The parent or guardian of the child.
[4.] 3. The juvenile court has exclusive jurisdiction over any action in which it is alleged that a child who is the adverse party in an order listed in subsection 1 has committed a delinquent act by violating a condition set forth in the order.
[5.] 4. If the district court issues an order listed in subsection 1 and the adverse party reaches the age of 18 years while the order is still in effect, the order remains effective against the adverse party until the order expires or is dissolved by the district court.
[6.] 5. The district court shall automatically seal all records related to the application for, consideration of and issuance of an order listed in subsection 1 as provided in NRS 62H.140 upon the dissolution or expiration of the order or when the adverse party reaches the age of 18 years, whichever is earlier, unless, at such a time, the order is still in effect, in which case the records must be automatically sealed by the district court upon the expiration or dissolution of the order.
[7.] 6. A district court may appoint a master to conduct the proceedings described in this section.
7. An admission, representation or statement made during a proceeding described in this section is not admissible in any criminal proceeding.
8. As used in this section, criminal proceeding means:
(a) A trial or hearing before a court in a prosecution of a person charged with violating a criminal law of this State; or
(b) A delinquency proceeding which is conducted pursuant to title 5 of NRS.
Sec. 2. The amendatory provisions of this act apply to an order for protection against domestic violence, harassment in the workplace, high-risk behavior, stalking, sexual assault, aggravated stalking or harassment sought on or after July 1, 2023.
Sec. 3. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 676κ
Senate Bill No. 397Senator Cannizzaro
CHAPTER 136
[Approved: May 31, 2023]
AN ACT relating to public safety; exempting certain railroad companies from provisions governing operators of subsurface installations; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law imposes certain duties on operators of subsurface installations, including, without limitation: (1) a requirement to join an association for operators to receive notices regarding excavations or demolitions that are to be conducted in an area that contains a subsurface installation owned or operated by the operator; and (2) a requirement to assist in locating and identifying subsurface installations of the operator that are affected by a proposed excavation or demolition. (NRS 455.120, 455.130) This bill excludes from the definition of operator a railroad company that operates more than 1,000 miles of railroad track in this State if the subsurface installations owned, operated or maintained by the company are located within the right-of-way of the company and are not subject to certain federal regulations governing pipeline safety.
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 455.096 is hereby amended to read as follows:
455.096 Operator means any person who owns, operates or maintains a subsurface installation. The term does not include [the] :
1. The Department of Transportation [.] ; or
2. An interstate railroad company that operates more than 1,000 miles of railroad track in this State, if the subsurface installations owned, operated or maintained by the company:
(a) Are located within the right-of-way of the company; and
(b) Do not include facilities subject to the jurisdiction of the United States Department of Transportation pursuant to 49 C.F.R. Parts 191 to 195, inclusive.
Sec. 2. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 677κ
Senate Bill No. 401Senators Flores; and Stone
CHAPTER 137
[Approved: May 31, 2023]
AN ACT relating to civil actions; revising provisions relating to the circumstances under which punitive damages may be awarded in certain civil actions; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the recovery of punitive damages in certain actions where the defendant caused an injury by the operation of a motor vehicle after willfully consuming or using alcohol or another substance, knowing that he or she would thereafter operate the motor vehicle. (NRS 42.010) Section 1 of this bill removes the requirement that, before consuming or using alcohol or another substance, the defendant knew that he or she would thereafter operate the motor vehicle. Section 2 of this bill provides that the provisions of this bill become effective and apply to all actions pending or filed on or after July 1, 2023, the effective date of 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. NRS 42.010 is hereby amended to read as follows:
42.010 1. In an action for the breach of an obligation, where the defendant caused an injury by the operation of a motor vehicle in violation of NRS 484C.110, 484C.130 or 484C.430 after willfully consuming or using alcohol or another substance, [knowing that the defendant would thereafter operate the motor vehicle,] the plaintiff, in addition to the compensatory damages, may recover damages for the sake of example and by way of punishing the defendant.
2. The provisions of NRS 42.005 do not apply to any cause of action brought pursuant to this section.
Sec. 2. The amendatory provisions of this act apply to all actions pending or filed on or after July 1, 2023.
Sec. 3. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 678κ
Senate Bill No. 410Senator Ohrenschall
CHAPTER 138
[Approved: May 31, 2023]
AN ACT relating to juvenile justice; revising provisions governing employment with a department of juvenile justice services; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the board of county commissioners of a county whose population is 700,000 or more (currently only Clark County) to establish by ordinance a department of juvenile justice services to administer certain provisions of existing law relating to juvenile delinquency and the abuse and neglect of children. (NRS 62G.200-62G.240) If the board of county commissioners of such a county has not established a department of juvenile justice services, the juvenile court is required to: (1) establish by court order a probation committee; and (2) appoint a director of the department of juvenile justice services to administer certain functions of the juvenile court. (NRS 62G.300-62G.370)
Existing law requires a department of juvenile justice services to obtain a background investigation of applicants for employment with, and employees of, the department. Existing law also requires a department of juvenile justice services to obtain a background investigation of each employee of the department at least once every 5 years after the initial investigation. (NRS 62G.223, 62G.353) Existing law authorizes a department of juvenile justice services to deny employment to an applicant or terminate the employment of an employee against whom certain criminal charges are pending. Before terminating an employee against whom certain criminal charges are pending, existing law requires a department of juvenile justice services to allow the employee a reasonable amount of time of not more than 180 calendar days after arrest to resolve the pending charges against the employee. (NRS 62G.225) Section 1 of this bill requires a department of juvenile justice services to allow an employee against whom certain criminal charges are pending additional time to resolve the pending charges if: (1) the charges are misdemeanor charges; and (2) through no fault of the employee, the charges have not been filed.
Existing law authorizes a department of juvenile justice services to allow an employee against whom certain criminal charges are pending additional time to resolve the pending charges upon request and for good cause shown. (NRS 62G.225) Section 1 limits the authority of a department of juvenile justice services to allow an employee additional time to resolve pending charges by only authorizing the department to allow the employee additional time to resolve pending misdemeanor charges.
Existing law authorizes a department of juvenile justice services to deny employment to an applicant or terminate the employment of an employee against whom a substantiated report of child abuse or neglect has been made. (NRS 62G.225) Before terminating an employee against whom a substantiated report of child abuse or neglect has been made, existing law requires a department of juvenile justice services to allow the employee a reasonable amount of time of not less than 60 calendar days to correct certain information received by the department. (NRS 62G.225) Section 1 requires a department of juvenile justice services to allow an employee who has requested an administrative appeal of the substantiation of a report of child abuse or neglect additional time to correct certain information received by the department if, through no fault of the employee, a hearing on the appeal has not been held or the hearing officer has not issued a decision affirming or rejecting the substantiation of the report.
κ2023 Statutes of Nevada, Page 679 (CHAPTER 138, SB 410)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 62G.225 is hereby amended to read as follows:
62G.225 1. If the report from the Federal Bureau of Investigation forwarded to the department of juvenile justice services pursuant to subsection 5 of NRS 62G.223, the information received by the department of juvenile justice services pursuant to subsection 2 of NRS 62G.223 or evidence from any other source indicates that an applicant for employment with the department of juvenile justice services, or an employee of the department of juvenile justice services:
(a) Has charges pending against him or her for a crime listed in paragraph (a) of subsection 1 of NRS 62G.223, the department of juvenile justice services:
(1) May deny employment to the applicant after allowing the applicant time to correct the information as required pursuant to subsection 2; or
(2) May terminate the employee after allowing the employee time to correct the information as required pursuant to subsection 2 or 3, or resolve the pending charges pursuant to subsection 4, whichever is applicable; or
(b) Has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 62G.223, has had a substantiated report of child abuse or neglect made against him or her or has not been satisfactorily cleared by a central registry described in paragraph (b) of subsection 2 of NRS 62G.223, the department of juvenile justice services shall deny employment to the applicant or terminate the employment of the employee after allowing the applicant or employee time to correct the information as required pursuant to subsection 2 or 3, whichever is applicable.
2. If an applicant for employment or an employee believes that the information in the report from the Federal Bureau of Investigation forwarded to the department of juvenile justice services pursuant to subsection 5 of NRS 62G.223 is incorrect, the applicant or employee must inform the department of juvenile justice services immediately. A department of juvenile justice services that is so informed shall give the applicant or employee a reasonable amount of time of not less than 30 days to correct the information.
3. If an employee believes that the information received by the department of juvenile justice services pursuant to subsection 2 of NRS 62G.223 is incorrect, the employee must inform the department of juvenile justice services immediately. A department of juvenile justice services that is so informed shall give the employee [a] :
(a) A reasonable amount of time of not less than 60 days to correct the information.
(b) Additional time to correct the information if the employee has requested an administrative appeal of the substantiation of a report of child abuse or neglect pursuant to NRS 432B.317 and, through no fault of the employee, a hearing has not been held or the hearing officer has not issued a decision affirming or rejecting the substantiation of the report. Any such additional time must not be less than the amount of time necessary for the hearing officer to issue a decision.
κ2023 Statutes of Nevada, Page 680 (CHAPTER 138, SB 410)κ
4. If an employee has pending charges against him or her for a crime listed in paragraph (a) of subsection 1 of NRS 62G.223, the department of juvenile justice services shall allow the employee a reasonable time of not more than 180 calendar days after arrest to resolve the pending charges . [against the employee.] Upon request , [and good cause shown,] the department of juvenile justice services [may] :
(a) May, for good cause shown, allow the employee additional time to resolve the pending charges [against the employee.] if the charges are misdemeanor charges.
(b) Shall allow the employee additional time to resolve the pending charges if:
(1) The charges are misdemeanor charges; and
(2) Through no fault of the employee, the charges have not been filed.
5. During the period in which an employee seeks to correct information pursuant to subsection 2 or 3, or resolve pending charges against the employee pursuant to subsection 4, the employee:
(a) Shall not have contact with a child or a relative or guardian of a child in the course of performing any duties as an employee of the department of juvenile justice services.
(b) May use his or her accrued leave or be placed on leave without pay.
6. If the department of juvenile justice services places an employee who is a peace officer on leave without pay pending the outcome of a criminal prosecution, the department of juvenile justice services shall award the employee back pay for the duration of the unpaid leave if:
(a) The charges against the employee are dismissed or the employee is found not guilty at trial; and
(b) The employee is not subjected to punitive action in connection with the alleged misconduct.
7. The department of juvenile justice services may offset any other income earned by the employee during the duration of the unpaid leave against any back pay awarded to the employee pursuant to this section.
8. The provisions of subsection 5 are not disciplinary in nature and must not be construed as preventing the department of juvenile justice services from initiating departmental disciplinary procedures against an employee during the period in which an employee seeks to correct information pursuant to subsection 2 or 3, or resolve pending charges against the employee pursuant to subsection 4.
9. A termination of employment pursuant to this section constitutes dismissal for cause for the purposes of NRS 62G.220.
10. As used in this section [, peace] :
(a) Peace officer means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.
(b) Substantiated report of child abuse or neglect means a report concerning the possible abuse or neglect of a child that has been assigned a disposition of substantiated pursuant to NRS 432B.305.
Sec. 2. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 681κ
Senate Bill No. 442Senator Dondero Loop
CHAPTER 139
[Approved: May 31, 2023]
AN ACT relating to education; enacting the Interstate Teacher Mobility Compact; requiring the Commission on Professional Standards in Education to adopt regulations to carry out the provisions of the Compact; exempting an applicant for a license as a teacher pursuant to the Compact from certain examination and training requirements; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Commission on Professional Standards in Education and requires the Commission to prescribe regulations for licensing teachers and other educational personnel, including regulations which provide for the reciprocal licensure of educational personnel from other states. (NRS 391.011, 391.019, 391.032) Existing law requires the Superintendent of Public Instruction to grant licenses for teachers and other educational personnel pursuant to regulations adopted by the Commission and as provided by law. (NRS 391.033) Section 1 of this bill enacts the Interstate Teacher Mobility Compact which, among other things, establishes requirements for: (1) the issuance of a license as a teacher to an applicant for such a license who holds an equivalent license from another state that is a member of the Compact; and (2) the sharing of files and information regarding the investigation and discipline of a teacher between member states. Sections 2 and 4 of this bill require the Commission on Professional Standards in Education to adopt regulations: (1) to carry out the provisions of the Interstate Teacher Mobility Compact; and (2) which provide for the licensure of persons pursuant to the Compact.
Existing law requires the Commission on Professional Standards in Education to adopt regulations governing examinations for the initial licensing of teachers and other educational personnel. Existing law exempts teachers and educational personnel from another state who obtain a reciprocal license from the requirement to take any examination for initial licensing required by the regulations adopted by the Commission. (NRS 391.021) Section 3 of this bill also exempts a person who obtains a license pursuant to the Interstate Teacher Mobility Compact from such examination requirements.
Existing law requires an applicant for a license as a teacher to submit with his or her application proof that the applicant has satisfactorily completed a course of study and training approved by the Commission on Professional Standards in Education. Existing law exempts a person who received education and training pursuant to an alternate route to licensure from this requirement. (NRS 391.037) Section 5 of this bill also exempts a person who applies for a license pursuant to the Interstate Teacher Mobility Compact from that requirement. The Interstate Teacher Mobility Compact becomes effective upon ratification from 10 states. Currently, only Colorado, Kentucky and Utah have ratified the Compact.
κ2023 Statutes of Nevada, Page 682 (CHAPTER 139, SB 442)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. Title 34 of NRS is hereby amended by adding thereto a new chapter to read as follows:
The Interstate Teacher Mobility Compact is hereby ratified, enacted into law and entered into with all jurisdictions legally joining in the Compact, in substantially the form set forth in this section:
ARTICLE I—Purpose
The purpose of this Compact is to facilitate the mobility of teachers across the member states, with the goal of supporting teachers through a new pathway to licensure. Through this Compact, the member states seek to establish a collective regulatory framework that expedites and enhances the ability of teachers to move across state lines.
This Compact is intended to achieve the following objectives and should be interpreted accordingly. The member states hereby ratify the same intentions by subscribing hereto:
1. Create a streamlined pathway to licensure mobility for teachers;
2. Support the relocation of eligible military spouses;
3. Facilitate and enhance the exchange of licensure, investigative and disciplinary information between the member states;
4. Enhance the power of state and district level education officials to hire qualified, competent teachers by removing barriers to the employment of out-of-state teachers;
5. Support the retention of teachers in the profession by removing barriers to relicensure in a new state; and
6. Maintain state sovereignty in the regulation of the teaching profession.
ARTICLE II—Definitions
As used in this Compact, and except as otherwise provided, the following definitions shall govern the terms herein:
1. Active military member means any person with full-time duty status in the uniformed service of the United States, including a member of the National Guard and Reserve.
2. Adverse action means any limitation or restriction imposed by the licensing authority of a member state, such as revocation, suspension, reprimand, probation or limitation on the ability of a licensee to work as a teacher.
3. Bylaws means those bylaws established by the Commission.
4. Career and technical education license means a current, valid authorization issued by a licensing authority of a member state, allowing a person to serve as a teacher in K-12 public educational settings in a specific career and technical education area.
κ2023 Statutes of Nevada, Page 683 (CHAPTER 139, SB 442)κ
5. Charter member states means a member state that has enacted legislation to adopt this Compact where such legislation predates the initial meeting of the Commission after the effective date of the Compact.
6. Commission means the interstate administrative body which membership consists of delegates of all states that have enacted this Compact and which is known as the Interstate Teacher Mobility Compact Commission.
7. Commissioner means the delegate of a member state.
8. Eligible license means a license to engage in the teaching profession which requires at least a bachelors degree and the completion of a state approved program for teacher licensure.
9. Eligible military spouse means:
(a) The spouse of any person in full-time duty status in the active uniformed service of the United States, including a member of the National Guard and Reserve on active duty, who is:
(1) Moving as a result of a military mission or military career progression requirements; or
(2) On a terminal move as a result of separation or retirement.
(b) The surviving spouse of a deceased member of the uniformed service of the United States, including a member of the National Guard and Reserve.
10. Executive committee means a group of commissioners elected or appointed to act on behalf of, and within the powers granted to them by, the Commission as provided for herein.
11. Licensing authority means an official, agency, board or other entity of a state that is responsible for the licensing and regulation of teachers authorized to teach in K-12 public educational settings.
12. Member state means any state that has adopted this Compact, including all agencies and officials of such a state.
13. Receiving state means any state where a teacher has applied for licensure under this Compact.
14. Rule means any regulation promulgated by the Commission under this Compact, which shall have the force of law in each member state.
15. State means a state, territory or possession of the United States and the District of Columbia.
16. State practice laws means the laws, rules and regulations of a member state that govern the teaching profession, define the scope of such profession and create the methods and grounds for imposing discipline.
17. State specific requirements means a requirement for licensure covered in coursework or examination that includes content of unique interest to the state.
18. Teacher means a person who currently holds an authorization from a member state that forms the basis for employment in the K-12 public schools of the state to provide instruction in a specific subject area, at a specific grade level or to a specific student population.
19. Unencumbered license means a current, valid authorization issued by the licensing authority of a member state which allows a person to serve as a teacher in K-12 public educational settings. The term does not include a restricted, probationary, provisional, substitute or temporary credential.
κ2023 Statutes of Nevada, Page 684 (CHAPTER 139, SB 442)κ
ARTICLE III—Licensure under the Compact
1. Licensure under this Compact pertains only to the initial grant of a license by the receiving state. Nothing herein applies to any subsequent or ongoing compliance requirements that a receiving state might require for teachers.
2. Each member state shall, in accordance with the rules of the Commission, define, compile and update as necessary a list of eligible licenses and career and technical education licenses that the member state is willing to consider for equivalency under this Compact and provide the list to the Commission. The list shall include those licenses that a receiving state is willing to grant to teachers from other member states, pending a determination of equivalency by the licensing authority of the receiving state.
3. Upon the receipt of an application for licensure by a teacher holding an eligible license that is an unencumbered license, the receiving state shall determine which of the eligible licenses of the receiving state the teacher is qualified to hold and shall grant such a license or licenses to the applicant. Such a determination shall be made in the sole discretion of the licensing authority of the receiving state and may include a determination that the applicant is not eligible for any of the eligible licenses of the receiving state. For all teachers who hold an unencumbered license, the receiving state shall grant one or more unencumbered licenses that, in the sole discretion of the receiving state, are equivalent to the license or licenses held by the teacher in any other member state.
4. For an active military member or eligible military spouse who holds a license that is not an unencumbered license, the receiving state shall grant one or more equivalent licenses that, in the sole discretion of the receiving state, are equivalent to the license or licenses held by the teacher in any other member state, except where the receiving state does not have an equivalent license.
5. For a teacher who holds a career and technical education license that is an unencumbered license, the receiving state shall grant an unencumbered license that is equivalent to the career and technical education license held by the applying teacher and issued by another member state, as determined by the receiving state in its sole discretion, except where a teacher of career and technical education does not hold a bachelors degree and the receiving state requires a bachelors degree for licenses to teach career and technical education. A receiving state may require a teacher of career and technical education to meet state industry-recognized requirements if required by law in the receiving state.
ARTICLE IV—Licensure not under the Compact
1. Except as otherwise provided in Article III, nothing in this Compact shall be construed to limit or inhibit the power of a member state to regulate licensure or endorsements overseen by the licensing authority of a member state.
2. When a teacher is required to renew a license received pursuant to this Compact, the state granting such a license may require the teacher to complete state specific requirements as a condition of licensure renewal or advancement in that state.
κ2023 Statutes of Nevada, Page 685 (CHAPTER 139, SB 442)κ
3. For the purposes of determining compensation, a receiving state may require additional information from teachers receiving a license under the provisions of this Compact.
4. Nothing in this Compact shall be construed to limit:
(a) The power of a member state to control and maintain ownership of its information pertaining to teachers; or
(b) The application of a member states laws or regulations governing the ownership, use or dissemination of information pertaining to teachers.
5. Nothing in this Compact shall be construed to:
(a) Invalidate or alter any existing agreement or other cooperative arrangement to which a member state may already be a party; or
(b) Limit the ability of a member state to participate in any future agreement or other cooperative arrangement, to:
(1) Award teaching licenses or other benefits based on additional professional credentials, including, without limitation, certification by the National Board for Professional Teaching Standards;
(2) Participate in the exchange of names of teachers whose licenses have been subject to adverse action by a member state; or
(3) Participate in any agreement or cooperative arrangement with a state that is not a member state.
ARTICLE V—Teacher Qualifications and Requirements
for Licensure under the Compact
1. Except as otherwise provided for an active military member or eligible military spouse pursuant to subsection 4 of Article III, a teacher may only be eligible to receive a license under this Compact if the teacher holds an unencumbered license in a member state.
2. A teacher who is eligible to receive a license under this Compact shall, unless otherwise provided for herein:
(a) Upon his or her application to receive a license under this Compact, undergo a criminal background check in the receiving state in accordance with the laws and regulations of the receiving state; and
(b) In addition to providing the receiving state with any information required for licensure, provide the receiving state with information for the purposes of determining compensation, if applicable.
ARTICLE VI—Discipline and Adverse Actions
1. Nothing in this Compact shall be deemed or construed to limit the authority of a member state to investigate or impose disciplinary measures on teachers according to the state practice laws thereof.
2. Member states shall be authorized to receive, and shall provide, files and information regarding the investigation and discipline, if any, of teachers in other member states upon request. Any member state receiving such files or information shall protect and maintain the security and confidentiality thereof in at least the same manner that it maintains its own investigatory and disciplinary files and information. Before disclosing any investigatory or disciplinary information received from another member state, the disclosing state shall communicate its intention and purpose for such disclosure to the member state which originally provided that information.
κ2023 Statutes of Nevada, Page 686 (CHAPTER 139, SB 442)κ
ARTICLE VII—Establishment of the Interstate Teacher
Mobility Compact Commission
1. The member states of the Compact hereby create and establish a joint public agency known as the Interstate Teacher Mobility Compact Commission. The Commission is a joint interstate governmental agency comprised of states that have enacted the Interstate Teacher Mobility Compact.
2. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.
3. Membership, Voting and Meetings
(a) Each member state shall have and be limited to one delegate to the Commission who shall be given the title of Commissioner.
(b) The commissioner shall be the primary administrative officer of the state licensing authority or his or her designee.
(c) Any commissioner may be removed or suspended from office as provided by the law of the state from which the commissioner is appointed.
(d) A member state shall fill any vacancy occurring in the Commission within 90 days.
(e) Each commissioner shall be entitled to one vote in the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. A commissioner shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for commissioners to participate in meetings by telephone or other means of communication.
(f) The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
(g) The Commission shall establish by rule a term of office for commissioners.
4. The Commission shall have the following powers and duties:
(a) Establish a code of ethics for the Commission.
(b) Establish the fiscal year of the Commission.
(c) Establish bylaws for the Commission.
(d) Maintain the financial records of the Commission in accordance with the bylaws.
(e) Meet and take such actions as are consistent with the provisions of this Compact and the bylaws and rules.
(f) Promulgate uniform rules to implement and administer this Compact. The rules shall have the force and effect of law and shall be binding in all member states. In the event the Commission exercises it rulemaking authority in a manner that is beyond the scope of the purposes of the Compact or the powers granted hereunder, then such an action by the Commission shall be invalid and have no force and effect of law.
(g) Bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of the state licensing authority of a member state to sue or be sued under applicable law shall not be affected.
(h) Purchase and maintain insurance and bonds.
(i) Borrow, accept or contract for services of personnel, including, without limitation, employees of a member state, or an associated non-governmental organization that is open to membership by all states.
(j) Hire employees and elect or appoint officers, grant such employees and officers appropriate authority to carry out the purposes of the Compact, fix compensation, define duties and establish the Commissions personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters.
κ2023 Statutes of Nevada, Page 687 (CHAPTER 139, SB 442)κ
personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters.
(k) Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve or use, any property, real, personal or mixed, provided that at all times the Commission shall avoid any appearance of impropriety.
(l) Sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed.
(m) Establish a budget and make expenditures.
(n) Borrow money.
(o) Appoint committees, including standing committees composed of members of the Commission and such other interested persons as may be designated in this Compact or the rules or bylaws.
(p) Provide information to, receive information from and cooperate with law enforcement agencies.
(q) Establish and elect an Executive Committee.
(r) Establish and develop a charter for an Executive Information Governance Committee to advise on facilitating the exchange of information, the use of information, data privacy and technical support needs and provide reports as needed.
(s) Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact, consistent with the state regulation of the licensure of teachers.
(t) Determine whether a states adopted language is materially different from the language of the model Interstate Teacher Mobility Compact such that the state would not qualify for participation in the Compact.
5. The Executive Committee of the Interstate Teacher Mobility Compact Commission
(a) The Executive Committee shall have the power to act on behalf of the Commission according to the terms of the Compact.
(b) The Executive Committee shall be composed of eight voting members, as follows:
(1) The chair of the Commission;
(2) The vice chair of the Commission;
(3) The treasurer of the Commission; and
(4) Five members of the Commission who are elected by the Commission from the current membership of the Commission, as follows:
(I) Four voting members representing geographic regions in accordance with the rules; and
(II) One at-large voting member in accordance with the rules.
(c) The Commission may add or remove members of the Executive Committee as provided in the rules.
(d) The Executive Committee shall meet at least once annually.
(e) The Executive Committee shall have the following duties and responsibilities:
(1) Recommend to the entire Commission:
(I) Changes to the rules or bylaws;
(II) Changes to Compact legislation;
(III) Fees paid by member states, such as annual dues; and
(IV) Any Compact fee charged by the member states on behalf of the Commission.
κ2023 Statutes of Nevada, Page 688 (CHAPTER 139, SB 442)κ
(2) Ensure that services for the administration of the Commission are appropriately provided, contractually or otherwise.
(3) Prepare and recommend the budget.
(4) Maintain financial records on behalf of the Commission.
(5) Monitor compliance of member states and provide reports to the Commission.
(6) Perform other duties as provided in the rules and bylaws.
6. Meetings of the Commission
(a) All meetings of the Commission shall be open to the public and public notice of meetings shall be given in accordance with the bylaws.
(b) The Commission, the Executive Committee or other committees of the Commission may convene in a closed, non-public meeting if the Commission, Executive Committee or other committee, as applicable, must discuss:
(1) Non-compliance of a member state with its obligations under the Compact.
(2) The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the Commissions internal personnel practices and procedures.
(3) Current, threatened or reasonably anticipated litigation.
(4) The negotiation of contracts for the purchase, lease or sale of goods, services or real estate.
(5) Accusing any person of a crime or formally censuring any person.
(6) The disclosure of:
(I) Trade secrets or commercial or financial information that is privileged or confidential.
(II) Information of a personal nature where such disclosure would constitute a clearly unwarranted invasion of personal privacy.
(III) Investigative records compiled for law enforcement purposes.
(IV) Information related to any investigative reports prepared by, on behalf of or for the use of the Commission or other committee charged with the responsibility of the investigation or determination of compliance issues pursuant to the Compact.
(7) Matters specifically exempted from disclosure by federal or member state statute.
(8) Other matters as set forth by the bylaws or rules.
(c) If a meeting or portion of a meeting is closed pursuant to paragraph (b) of subsection 6 of Article VII, legal counsel for the Commission or his or her designee shall:
(1) Certify that the meeting may be closed; and
(2) Reference each relevant provision that exempts the meeting or portion of a meeting from the requirement that meetings be open to the public pursuant to paragraph (a) of subsection 6 of Article VII.
(d) The Commission shall keep minutes of meetings of the Commission and provide a full and accurate summary of actions taken and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting or portion of a meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.
κ2023 Statutes of Nevada, Page 689 (CHAPTER 139, SB 442)κ
7. Financing of the Commission
(a) The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities.
(b) The Commission may accept all appropriate donations and grants of money, equipment, supplies, materials and services, and receive, utilize and dispose of the same, provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest.
(c) The Commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the Commission, in accordance with the rules.
(d) The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same, nor shall the Commission pledge the credit of any of the member states except by and with the authority of the member state.
(e) The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to accounting procedures established under the bylaws. All receipts and disbursements of funds of the Commission shall be reviewed annually in accordance with the bylaws, and a report of the review shall be included in and become part of the annual report of the Commission.
8. Qualified Immunity, Defense and Indemnification
(a) The members, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities, provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional, willful or wanton misconduct of that person.
(b) The Commission shall defend any member, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities, provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel, and provided further that the actual or alleged act, error or omission did not result from that persons intentional, willful or wanton misconduct.
(c) The Commission shall indemnify and hold harmless any member, officer, executive director, employee or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from the intentional, willful or wanton misconduct of that person.
κ2023 Statutes of Nevada, Page 690 (CHAPTER 139, SB 442)κ
ARTICLE VIII—Rulemaking
1. The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Compact and the rules adopted hereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
2. The Commission shall promulgate reasonable rules to achieve the intent and purpose of this Compact. If the Commission exercises its rulemaking authority in a manner that is beyond the purpose and intent of this Compact, or the powers granted hereunder, then such an action by the Commission shall be invalid and have no force and effect of law in the member states.
3. If a majority of the legislatures of the member states rejects the rule, by enactment of a statute or resolution in the same manner used to adopt this Compact within 4 years of the date of adoption of the rule, then such rule shall have no further force or effect in any member state.
4. Rules and amendments to the rules shall be adopted or ratified at a regular or special meeting of the Commission in accordance with the rules and bylaws.
5. Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule with 48 hours notice, with opportunity to comment, provided that the usual rulemaking procedures shall be retroactively applied to the rule as soon as reasonably possible, but in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
(a) Meet an imminent threat to public health, safety or welfare;
(b) Prevent a loss of funds of the Commission or funds of a member state;
(c) Meet a deadline for the promulgation of an administrative rule of the Commission that is established by federal law or a federal rule; or
(d) Protect public health and safety.
ARTICLE IX—Facilitating Information Exchange
1. The Commission shall provide for facilitating the exchange of information to administer and implement the provisions of this Compact in accordance with the rules and consistent with generally accepted data protection principles.
2. Nothing in this Compact shall be deemed or construed to alter, limit or inhibit the power of a member state to control and maintain ownership of its licensee information or alter, limit or inhibit the laws or regulation governing licensee information in the member state.
ARTICLE X—Oversight, Dispute Resolution and Enforcement
1. Oversight
(a) The executive and judicial branches of state government in each member state shall enforce this Compact and take all actions necessary and appropriate to effectuate the purposes and intent of the Compact. The provisions of this Compact shall have standing as statutory law.
(b) Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located.
κ2023 Statutes of Nevada, Page 691 (CHAPTER 139, SB 442)κ
jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct or any such similar matter.
(c) All courts and administrative agencies shall take judicial notice of the Compact, the rules and any information provided to a member state pursuant thereto in any judicial or quasi-judicial proceeding in a member state pertaining to the subject matter of this Compact or which may affect the powers, responsibilities or actions of the Commission.
(d) The Commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the Compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the Commission service of process shall render a judgment or order void as to the Commission, this Compact or promulgated rules.
2. Default, Technical Assistance and Termination
(a) If the Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall provide:
(1) Written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default or any other action to be taken by the Commission; and
(2) Remedial training and specific technical assistance regarding the default.
3. If a state in default fails to cure the default, the defaulting state may be terminated from the Compact upon an affirmative vote of a majority of the Commissioners of the member states, and all rights, privileges and benefits conferred on that state by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
4. Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to:
(a) The governor of the defaulting state;
(b) The majority and minority leaders of the legislature of the defaulting state;
(c) The state licensing authority of the defaulting state; and
(d) Each of the member states.
5. A state that has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
6. The Commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting state.
7. The defaulting state may appeal the action of the Commission by petitioning the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices.
κ2023 Statutes of Nevada, Page 692 (CHAPTER 139, SB 442)κ
Columbia or the federal district where the Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorneys fees.
8. Dispute Resolution
(a) Upon request by a member state, the Commission shall attempt to resolve disputes related to the Compact that arise among member states and between member states and states that are not member states.
(b) The Commission shall promulgate a rule providing for both binding and nonbinding alternative dispute resolution for disputes, as appropriate.
9. Enforcement
(a) The Commission, in the reasonable exercise of its discretion, shall enforce the provisions of this Compact and its rules.
(b) By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the provisions of the Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. If judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorneys fees. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue other remedies available under federal or state law.
ARTICLE XI—Effectuation, Withdrawal and Amendment
1. The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth member state. On or after the effective date of the Compact, the Commission shall convene and review the enactment of each of the charter member states to determine if the statute enacted by each such charter member state is materially different from the model Compact statute. A charter member state whose enactment is found to be materially different from the model Compact statute shall be entitled to the default process set forth in Article X. Each member state enacting the Compact after the charter member states shall be subject to the process set forth in paragraph (t) of subsection 4 of Article VII to determine if the enactment by that state is materially different from the model Compact statute and whether that state qualifies for participation in the Compact.
2. If a member state is later found to be in default or is terminated or withdraws from the Compact, the Commission shall remain in existence and the Compact shall remain in effect even if the number of member states should be less than ten.
3. Any state that joins the Compact after the Commissions initial adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state, as the rules and bylaws may be amended as provided in this Compact.
4. Any member state may withdraw from this Compact by enacting a statute repealing the same. The withdrawal of a member state shall not take effect until 6 months after the enactment of the repealing statute. Withdrawal shall not affect the continuing requirement of the licensing authority of the withdrawing state to comply with the investigative and adverse action reporting requirements of this Compact prior to the effective date of withdrawal.
κ2023 Statutes of Nevada, Page 693 (CHAPTER 139, SB 442)κ
authority of the withdrawing state to comply with the investigative and adverse action reporting requirements of this Compact prior to the effective date of withdrawal.
5. This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until the amendment is enacted into the laws of all member states.
ARTICLE XII—Construction and Severability
The Compact shall be liberally construed to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any member state or state seeking membership in the Compact or the Constitution of the United States or the applicability thereof to any other government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any other government, agency, person or circumstance shall not be affected thereby. If this Compact is held contrary to the constitution of any member state, the Compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
ARTICLE XIII—Consistent Effect and Conflict with Other State Laws
1. Nothing herein shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with this Compact.
2. Any laws, statutes, regulations or other legal requirements of a member state which conflict with this Compact are superseded to the extent of the conflict.
3. All permissible agreements between the Commission and the member states are binding in accordance with the terms of those agreements.
Sec. 2. NRS 391.019 is hereby amended to read as follows:
391.019 1. Except as otherwise provided in NRS 391.027, the Commission shall adopt regulations:
(a) Prescribing the qualifications for licensing teachers and other educational personnel and the procedures for the issuance and renewal of those licenses. The regulations:
(1) Must include, without limitation, the qualifications for licensing teachers and administrators pursuant to an alternative route to licensure which provides that the required education and training may be provided by any qualified provider which has been approved by the Commission, including, without limitation, institutions of higher education and other providers that operate independently of an institution of higher education. The regulations adopted pursuant to this subparagraph must:
(I) Establish the requirements for approval as a qualified provider;
(II) Require a qualified provider to be selective in its acceptance of students;
(III) Require a qualified provider to provide in-person or virtual supervised, school-based experiences and ongoing support for its students, such as mentoring and coaching;
κ2023 Statutes of Nevada, Page 694 (CHAPTER 139, SB 442)κ
(IV) Significantly limit the amount of course work required or provide for the waiver of required course work for students who achieve certain scores on tests;
(V) Allow for the completion in 2 years or less of the education and training required under the alternative route to licensure;
(VI) Provide that a person who has completed the education and training required under the alternative route to licensure and who has satisfied all other requirements for licensure may apply for a regular license pursuant to sub-subparagraph (VII) regardless of whether the person has received an offer of employment from a school district, charter school or private school; and
(VII) Upon the completion by a person of the education and training required under the alternative route to licensure and the satisfaction of all other requirements for licensure, provide for the issuance of a regular license to the person pursuant to the provisions of this chapter and the regulations adopted pursuant to this chapter.
(2) Must require an applicant for a license to teach middle school or junior high school education or secondary education to demonstrate proficiency in a field of specialization or area of concentration by successfully completing course work prescribed by the Department or completing a subject matter competency examination prescribed by the Department with a score deemed satisfactory.
(3) Must not prescribe qualifications which are more stringent than the qualifications set forth in NRS 391.0315 for a licensed teacher who applies for an additional license in accordance with that section.
(b) Identifying fields of specialization in teaching which require the specialized training of teachers.
(c) Except as otherwise provided in NRS 391.125, requiring teachers to obtain from the Department an endorsement in a field of specialization to be eligible to teach in that field of specialization.
(d) Setting forth the educational requirements a teacher must satisfy to qualify for an endorsement in each field of specialization.
(e) Setting forth the qualifications and requirements for obtaining a license or endorsement to teach American Sign Language, including, without limitation, being registered with the Aging and Disability Services Division of the Department of Health and Human Services pursuant to NRS 656A.100 to engage in the practice of sign language interpreting in a primary or secondary educational setting.
(f) Requiring teachers and other educational personnel to be registered with the Aging and Disability Services Division pursuant to NRS 656A.100 to engage in the practice of sign language interpreting in a primary or secondary educational setting if they:
(1) Provide instruction or other educational services; and
(2) Concurrently engage in the practice of sign language interpreting, as defined in NRS 656A.060.
(g) Prescribing course work on parental involvement and family engagement. The Commission shall work in cooperation with the Office of Parental Involvement and Family Engagement created by NRS 385.630 in developing the regulations required by this paragraph.
(h) Establishing the requirements for obtaining an endorsement on the license of a teacher, administrator or other educational personnel in cultural competency.
(i) Authorizing the Superintendent of Public Instruction to issue a license by endorsement to an applicant who holds an equivalent license or authorization issued by a governmental entity in another country if the Superintendent determines that the qualifications for the equivalent license or authorization are substantially similar to those prescribed pursuant to paragraph (a).
κ2023 Statutes of Nevada, Page 695 (CHAPTER 139, SB 442)κ
authorization issued by a governmental entity in another country if the Superintendent determines that the qualifications for the equivalent license or authorization are substantially similar to those prescribed pursuant to paragraph (a).
(j) Establishing the requirements for obtaining an endorsement on the license of a teacher, administrator or other educational personnel in teaching courses relating to financial literacy.
(k) Authorizing a person who is employed as a paraprofessional and enrolled in a program to become a teacher to complete an accelerated program of student teaching in the same or a substantially similar area in which the person is employed as a paraprofessional while remaining employed as a paraprofessional.
(l) Requiring the Department to accept a program of student teaching or other teaching experience completed in another state or foreign country by an applicant for a license if the Department determines that the program or experience substantially fulfills the standards of a program of student teaching in this State.
(m) Authorizing a person who is employed by a public school to provide support or other services relating to school psychology, if the person does not hold a license or endorsement as a school psychologist but is enrolled in a program that would allow the person to obtain such a license or endorsement, to complete a program of internship in school psychology while remaining employed in such a position.
(n) To carry out the provisions of section 1 of this act.
2. Except as otherwise provided in NRS 391.027, the Commission may adopt such other regulations as it deems necessary for its own government or to carry out its duties.
3. Any regulation which increases the amount of education, training or experience required for licensing:
(a) Must, in addition to the requirements for publication in chapter 233B of NRS, be publicized before its adoption in a manner reasonably calculated to inform those persons affected by the change.
(b) Must not become effective until at least 1 year after the date it is adopted by the Commission.
(c) Is not applicable to a license in effect on the date the regulation becomes effective.
Sec. 3. NRS 391.021 is hereby amended to read as follows:
391.021 1. Except as otherwise provided in NRS 391.027, the Commission shall adopt regulations governing examinations for the initial licensing of teachers and other educational personnel. The regulations adopted by the Commission must ensure that the examinations test the ability of the applicant to teach and the applicants knowledge of each specific subject he or she proposes to teach.
2. When adopting regulations pursuant to subsection 1, the Commission shall consider including any alternative means of demonstrating competency for persons with a disability or health-related need that the Commission determines are necessary and appropriate.
3. Teachers and educational personnel from another state who obtain a reciprocal license pursuant to NRS 391.032 or section 1 of this act are not required to take the examinations for the initial licensing of teachers and other educational personnel described in this section or any other examination for initial licensing required by the regulations adopted by the Commission.
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Sec. 4. NRS 391.032 is hereby amended to read as follows:
391.032 1. Except as otherwise provided in NRS 391.027, the Commission shall:
(a) Adopt regulations which provide for the issuance of provisional licenses to teachers and other educational personnel before completion of all courses of study or other requirements for a license in this State.
(b) Adopt regulations which provide for the reciprocal licensure of educational personnel from other states including, without limitation, for the reciprocal licensure of persons who hold a license to teach special education. Such regulations must include, without limitation, provisions [for] :
(1) For the reciprocal licensure of persons who obtained a license pursuant to an alternative route to licensure which the Department determines is as rigorous or more rigorous than the alternative route to licensure prescribed pursuant to subparagraph (1) of paragraph (a) of subsection 1 of NRS 391.019.
(2) Which provide for the licensure of persons pursuant to the Interstate Teacher Mobility Compact enacted in section 1 of this act.
2. A person who is a member of the Armed Forces of the United States, a veteran of the Armed Forces of the United States or the spouse of such a member or veteran of the Armed Forces of the United States and who has completed the equivalent of an alternative route to licensure program in another state may obtain a license as if such person has completed the alternative route to licensure program of this State.
3. A person who is issued a provisional license must complete all courses of study and other requirements for a license in this State which is not provisional within 3 years after the date on which a provisional license is issued.
Sec. 5. NRS 391.037 is hereby amended to read as follows:
391.037 1. The Commission shall:
(a) Prescribe by regulation the standards for approval of a course of study or training offered by an educational institution to qualify a person to be a teacher or administrator or to perform other educational functions. The regulations prescribed pursuant to this paragraph must include, without limitation, training on how to identify a pupil who is at risk for dyslexia or related disorders.
(b) Maintain descriptions of the approved courses of study required to qualify for endorsements in fields of specialization and provide to an applicant, upon request, the approved course of study for a particular endorsement.
2. Except for an applicant who submits an application for the issuance of a license pursuant to subparagraph (1) of paragraph (a) of subsection 1 of NRS 391.019 [,] or section 1 of this act, an applicant for a license as a teacher or administrator or to perform some other educational function must submit with his or her application, in the form prescribed by the Superintendent of Public Instruction, proof that the applicant has satisfactorily completed a course of study and training approved by the Commission pursuant to subsection 1.
Sec. 6. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 5, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting regulations and performing any preliminary administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2024, for all other purposes.
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