[Rev. 3/13/2024 9:50:26 AM]
κ2023 Statutes of Nevada, Page 1051κ
Assembly Bill No. 55Committee on Judiciary
CHAPTER 179
[Approved: June 2, 2023]
AN ACT relating to unclaimed property; revising provisions of the Uniform Unclaimed Property Act; authorizing the Administrator of Unclaimed Property to adopt regulations relating to certain agreements between an owner of property and another person concerning property paid or delivered to the Administrator; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law enacts the Uniform Unclaimed Property Act, which generally establishes the powers, duties and liabilities of the State and other persons concerning unclaimed property. (Chapter 120A of NRS) Existing law makes the State Treasurer the Administrator of Unclaimed Property and requires the State Treasurer, in his or her capacity as the Administrator, to carry out the provisions of the Act. (NRS 120A.025, 120A.140)
Existing law makes certain gift certificates subject to the provisions of the Act and provides that a gift certificate is presumed abandoned on the expiration date of the gift certificate. (NRS 120A.113, 120A.520) Section 2 of this bill defines the term gift certificate for purposes of the Act. Section 4 of this bill makes a conforming change indicating the proper placement of section 2 in the Nevada Revised Statutes.
For consistency with the Act, section 6 of this bill replaces the term financial institution with the term financial organization.
Existing law governs when certain forms of property are presumed abandoned. (NRS 120A.500, 120A.520) Section 7 of this bill makes various changes relating to the dates on which certain property that is unclaimed by the apparent owner is presumed abandoned. Section 7 also provides that the signing of a return receipt constitutes an indication of an owners interest in property for purposes of determining the date on which certain property is presumed abandoned. Section 8 of this bill provides that a gift certificate that is no longer honored by the issuer is presumed abandoned on the date on which the gift certificate ceases to be honored by the issuer.
Among other duties, existing law requires a holder of property presumed to be abandoned to: (1) make a report to the Administrator concerning the property; and (2) send written notice to the apparent owner of the property under certain circumstances. (NRS 120A.560) Section 9 of this bill revises provisions relating to the report filed with the Administrator. Section 9 also requires the holder of property to send the required written notice by certified mail in certain circumstances. Section 14 of this bill makes a conforming change updating references to section 9.
Existing law requires the Administrator to publish certain notice concerning unclaimed or abandoned property in a newspaper of general circulation. Among other requirements, existing law requires such notice to include the name of a person reported to the Administrator as an apparent owner. (NRS 120A.580) Section 10 of this bill requires the Administrator to create and maintain a statewide database that is searchable electronically and includes the name of a person reported to the Administrator as an apparent owner of unclaimed property. Section 10 also requires the Administrator to: (1) make the database publicly available on the website of the Administrator; (2) publish general information regarding the Act on the website of the Administrator; and (3) annually publish certain information concerning unclaimed property.
Existing law requires the Administrator to sell certain abandoned property at a public sale after providing certain notice of the sale to the public. (NRS 120A.610) Section 11 of this bill revises the manner in which the Administrator is required to provide such notice. Section 15 of this bill makes a conforming change updating references to section 11.
κ2023 Statutes of Nevada, Page 1052 (CHAPTER 179, AB 55)κ
Existing law authorizes a holder of property, with the written consent of the Administrator, to report and deliver property to the Administrator before the property is presumed abandoned. (NRS 120A.660) Section 12 of this bill removes the requirement that the Administrator must provide written consent before the delivery of such property if the Administrator determines that receipt of the property is in the best interests of the State.
Existing law authorizes the Administrator to enter into an intrastate agreement with an agency from this State to protect certain confidential information shared for the purpose of facilitating the return of property pursuant to the Act. (NRS 120A.715) Section 13 of this bill instead: (1) authorizes the Administrator to request a state or local agency to provide him or her with certain confidential information for the purpose of facilitating the return of unclaimed or abandoned property; and (2) requires an agency to provide the information requested unless the provision of such information is prohibited by federal law.
Existing law prescribes requirements and restrictions relating to an agreement between an owner of property and another person, the primary purpose of which is to locate, deliver, recover or assist in the recovery of property of the owner that is presumed abandoned. (NRS 120A.740) Section 14.5 of this bill authorizes the Administrator to adopt such regulations as are necessary to protect the interests of an owner who enters into such an agreement. Section 14.5 provides that such regulations may provide for the licensure or registration of a person with whom an owner enters into an agreement.
Section 16 of this bill eliminates a provision requiring that the Act must be applied and construed to effectuate its general purpose to make the law uniform among the states that enact the Act. (NRS 120A.750)
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 120A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Gift certificate has the meaning ascribed to it in NRS 598.0921.
Sec. 3. (Deleted by amendment.)
Sec. 4. NRS 120A.020 is hereby amended to read as follows:
120A.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 120A.025 to 120A.122, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 5. (Deleted by amendment.)
Sec. 6. NRS 120A.125 is hereby amended to read as follows:
120A.125 The provisions of this chapter do not apply to tangible property held in a safe-deposit box or other safekeeping depository which is not maintained by:
1. A bank or other financial [institution;] organization; or
2. A safe-deposit company.
Sec. 7. NRS 120A.500 is hereby amended to read as follows:
120A.500 1. Except as otherwise provided in subsections 6 , 7 and [7,] 8, property is presumed abandoned if it is unclaimed by the apparent owner during the time set forth below for the particular property:
(a) A travelers check, 15 years after issuance;
(b) A money order, 7 years after issuance;
(c) Any stock or other equity interest in a business association or financial organization, including a security entitlement under NRS 104.8101 to 104.8511, inclusive, 3 years after the [earlier of the] date of the [most recent dividend, stock split or other distribution unclaimed] last indication by the [apparent] owner [, or the date of the second mailing of a statement] of [account or other notification or communication that was returned as undeliverable or after] interest in the [holder discontinued mailings, notifications or communications to the apparent owner;] property;
κ2023 Statutes of Nevada, Page 1053 (CHAPTER 179, AB 55)κ
recent dividend, stock split or other distribution unclaimed] last indication by the [apparent] owner [, or the date of the second mailing of a statement] of [account or other notification or communication that was returned as undeliverable or after] interest in the [holder discontinued mailings, notifications or communications to the apparent owner;] property;
(d) Any debt of a business association or financial organization, other than a bearer bond or an original issue discount bond, 3 years after the date of the most recent interest payment unclaimed by the apparent owner;
(e) A demand [,] or savings [or] deposit, 3 years after the date of the last indication by the owner of interest in the property;
(f) Time deposits, 3 years after:
(1) The date of maturity for time [deposit, including a deposit that is automatically renewable, 3 years after the earlier of maturity or the date of the last indication by the owner of interest in the property, but a deposit that is automatically renewable is deemed matured for purposes of this section upon its initial] deposits that are not automatically renewable; or
(2) The date of maturity, after the first renewal of the time deposit, for time deposits that are automatically renewable, unless the owner has consented to a subsequent renewal at or about the time of [the] any such subsequent renewal and the consent is in writing or is evidenced by a memorandum or other record on file with the holder;
[(f)] (g) Except as otherwise provided in NRS 120A.520, any money or credits owed to a customer as a result of a retail business transaction, 3 years after the obligation accrued;
[(g)] (h) Any amount owed by an [insurer] insurance company on a life or endowment insurance policy or an annuity [that has matured or terminated,] contract, including, without limitation, any amount in a retained asset account, 3 years after the [obligation to pay arose under the terms of the policy or contract or, if a policy or contract for which payment is owed on proof of death has not matured by proof of death of the insured or annuitant:
(1) With respect to an amount owed for a life or endowment insurance policy, 3 years after the earlier] earliest of [the date:
(I)] :
(1) The [insurance company has knowledge of the] date of the death of the insured [;] or annuitant;
[(II)] (2) The maturity date of the insurance policy or annuity contract; or
(3) The date that the insured [has attained, or] would have attained , if living, the limiting age under the mortality table on which the reserve is based; [and
(2) With respect to an amount owed on an annuity contract, 3 years after the date the insurance company has knowledge of the death of the annuitant;
(h)] (i) Any amount owed by an insurance company on a policy or contract not described in paragraph (h), 3 years after the obligation to pay arose under the terms of the policy or contract;
(j) Any property distributable by a business association or financial organization in a course of dissolution, 1 year after the property becomes distributable;
[(i)] (k) Any property received by a court as proceeds of a class action and not distributed pursuant to the judgment, 1 year after the distribution date;
κ2023 Statutes of Nevada, Page 1054 (CHAPTER 179, AB 55)κ
[(j)] (l) Except as otherwise provided in NRS 607.170 and 703.375, any property held by a court, government, governmental subdivision, agency or instrumentality, 1 year after the property becomes distributable;
[(k)] (m) Any wages or other compensation for personal services, 1 year after the compensation becomes payable;
[(l)] (n) A deposit or refund owed to a subscriber by a utility, 1 year after the deposit or refund becomes payable;
[(m)] (o) Any property in an individual retirement account, defined benefit plan or other account or plan [, that is qualified for tax deferral under the income tax laws of the United States,] established for retirement purposes, 3 years after :
(1) If the account or plan is tax-deferred or tax-exempt, the [later of:
(1) The] date [determined as follows:
(I) Except as otherwise provided in sub-subparagraph (II), the date a second consecutive communication sent by the holder by first-class United States mail to the apparent] that the owner [is returned to the holder undelivered by the United States Postal Service; or
(II) If the second communication is sent later than 30 days after the date the first communication is returned undelivered, the date the first communication was returned undelivered by the United States Postal Service;] would have reached the age of required minimum distribution pursuant to the Internal Revenue Code; or
(2) [The earlier of the following dates:
(I) The] If the account or plan is not tax-deferred or tax-exempt, the date [the apparent owner becomes 70.5 years of age, if determinable by the holder; or
(II) If the Internal Revenue Code requires distribution to avoid a tax penalty, 2 years after the date the holder receives, in the ordinary course of business, confirmation of the death of the apparent owner;
(n)] that the property becomes distributable;
(p) The trust liability of a trust fund established with respect to a prepaid contract for funeral services or burial services as required by chapter 689 of NRS, 3 years after the [earlier] earliest of:
(1) The date the holder has knowledge of the death of the beneficiary [;] named in or otherwise ascertainable from the prepaid contract; or
(2) [If the holder does not know whether the beneficiary is deceased, the] The date the beneficiary named in or otherwise ascertainable from the prepaid contract has attained, or would have attained if living, the age of 105 years; and
[(o)] (q) All other property, 3 years after the owners right to demand the property or after the obligation to pay or distribute the property arises, whichever first occurs.
2. At the time that an interest is presumed abandoned under subsection 1, any other property right accrued or accruing to the owner as a result of the interest, and not previously presumed abandoned, is also presumed abandoned.
3. Property is unclaimed if, for the applicable period set forth in subsection 1 , 7 or [7,] 8, as applicable, the apparent owner has not communicated, in writing or by other means reflected in a contemporaneous record prepared by [or on behalf of] the holder [,] or an agent of the holder with the holder concerning the property or the account in which the property is held and has not otherwise indicated an interest in the property. A communication with an owner by a person other than the holder or [its representative] an agent of the holder who has not in writing identified the property to the owner is not an indication of interest in the property by the owner.
κ2023 Statutes of Nevada, Page 1055 (CHAPTER 179, AB 55)κ
representative] an agent of the holder who has not in writing identified the property to the owner is not an indication of interest in the property by the owner.
4. An indication of an owners interest in property : [includes:]
(a) Includes:
(1) The presentment of a check or other instrument of payment of a dividend or other distribution made with respect to an account or underlying stock or other interest in a business association or financial organization or, in the case of a distribution made by electronic or similar means, evidence that the distribution has been received;
[(b)] (2) Activity directed by an apparent owner in the account in which the property is held, including accessing the account or information concerning the account or a direction by the apparent owner to increase, decrease or change the amount or type of property held in the account;
[(c) The]
(3) Except as otherwise provided in paragraph (b), the making of a deposit to or withdrawal from a bank account; [and
(d)] (4) The payment of a premium with respect to a property interest in an insurance policy, but the application of an automatic premium loan provision or other nonforfeiture provision contained in an insurance policy does not prevent a policy from maturing or terminating if the insured has died or the insured or the beneficiary of the policy has otherwise become entitled to the proceeds before the depletion of the cash surrender value of a policy by the application of those provisions [.] ;
(5) The signing of a return receipt by the apparent owner for notice provided pursuant to NRS 120A.560; and
(6) The execution of a Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding and Reporting, Form W-8BEN of the Internal Revenue Service, by the owner for purposes of a security where the last-known address of the owner is in a foreign country; and
(b) Does not include the making of an automatically renewable:
(1) Deposit, if the deposit is made by the holder or an agent of the holder; or
(2) Withdrawal, if the withdrawal is made by the holder or an agent of the holder.
Κ For the purposes of this subsection, an action by an agent or other representative of the apparent owner, other than the holder or an agent of the holder acting as the agent of the apparent owner, is presumed to be an action on behalf of the apparent owner.
5. Property is payable or distributable for purposes of this chapter notwithstanding the owners failure to make demand or present an instrument or document otherwise required to obtain payment.
6. The following property clearly designated as such must not be presumed abandoned because of inactivity or failure to make a demand:
(a) An account or asset managed through a guardianship;
(b) An account blocked at the direction of a court;
(c) A trust account established to address a special need;
(d) A qualified income trust account;
(e) A trust account established for tuition purposes; and
(f) A trust account established on behalf of a client.
7. For property described in [paragraphs (c) to (f), inclusive, and (o) of subsection 1, the 3-year period described in each of those paragraphs must be reduced to a 2-year period if the holder of the property reported more than $10 million in property presumed abandoned on the holders most recent report of abandoned property made pursuant to NRS 120A.560.]
κ2023 Statutes of Nevada, Page 1056 (CHAPTER 179, AB 55)κ
$10 million in property presumed abandoned on the holders most recent report of abandoned property made pursuant to NRS 120A.560.] paragraph (p) of subsection 1, if the holder does not have knowledge of the death of the beneficiary named in or otherwise ascertainable from the prepaid contract for funeral services or burial services and the holder does not know the date of birth of the beneficiary, the property described in that paragraph is presumed abandoned:
(a) Forty years after the date the prepaid contract for funeral services or burial services was executed; or
(b) Three years after the last indication by the owner of interest in the property,
Κ whichever is later.
8. For property described in paragraphs (c) to (f), inclusive, (o) and (q) of subsection 1, the property is presumed abandoned 3 years after the date described in each of those paragraphs or the date on which the holder has knowledge of the death of the owner, whichever is earlier.
9. The provisions of paragraph (h) of subsection 1 apply to a life or endowment insurance policy or an annuity contract, regardless of whether the policy or contract is matured, unmatured, or terminated.
10. For purposes of this section, a person has knowledge of the death of a person when the person:
(a) Receives proof of death of the person;
(b) Reasonably determines the death of a person pursuant to NRS 688D.090; or
(c) Otherwise validates, in good faith, the death of the person.
11. As used in this section:
(a) Proof of death has the meaning ascribed to it in NRS 672.210.
(b) Retained asset account has the meaning ascribed to it in NRS 688D.060.
Sec. 8. NRS 120A.520 is hereby amended to read as follows:
120A.520 1. Sixty percent of the unredeemed or uncharged value remaining on a gift certificate which is issued or sold in this State [and which has an expiration date] is presumed abandoned and subject to the provisions of this chapter on the [expiration] :
(a) Expiration date [.] ; or
(b) Date on which the certificate is no longer honored by the issuer or seller.
2. [If a gift certificate is issued or sold in this State and the seller or issuer does not obtain and maintain in his or her records the name and address of the owner of the gift certificate, the address of the owner of the gift certificate shall be deemed to be the address of the Office of the State Treasurer in Carson City.
3.] This section does not create a cause of action against a person who issues or sells a gift certificate.
[4. As used in this section, gift certificate has the meaning ascribed to it in NRS 598.0921.]
Sec. 9. NRS 120A.560 is hereby amended to read as follows:
120A.560 1. A holder of property presumed abandoned shall make a report to the Administrator concerning the property.
2. A holder may contract with a third party, including, without limitation, a transfer agent, to make the report required by subsection 1.
3. Whether or not a holder contracts with a third party pursuant to subsection 2, the holder is responsible:
κ2023 Statutes of Nevada, Page 1057 (CHAPTER 179, AB 55)κ
(a) To the Administrator for the complete, accurate and timely reporting of property presumed abandoned;
(b) For paying or delivering to the Administrator the property described in the report; and
(c) For any penalties, interest and fees due pursuant to NRS 120A.730.
4. The report must contain:
(a) A description of the property;
(b) [Except with respect to a travelers check or money order,] If known or readily ascertainable by the holder, the name , [, if known, and] last known address [, if any,] and the social security number or taxpayer identification number [, if readily ascertainable,] of the apparent owner of property;
(c) In the case of an amount held or owing under an annuity or a life or endowment insurance policy, the full name and last known address of the annuitant or insured and of the beneficiary;
(d) In the case of property held in a safe-deposit box or other safekeeping depository, an indication of the location of the property and where it may be inspected by the Administrator and any amounts owing to the holder;
(e) The date identified in subsection 1 or 8 of NRS 120A.500 from which the length of time required in subsection 1 , 7 or [7] 8 of NRS 120A.500 must be measured to determine whether the property is presumed abandoned pursuant to NRS 120A.500 or, if the property is a gift certificate, the date identified in subsection 1 of NRS 120A.520, as applicable; and
(f) Other information that the Administrator by regulation prescribes as necessary for the administration of this chapter.
5. If the information described in paragraph (b) of subsection 4 is:
(a) Partially recorded, the recorded portion must be contained in the report; or
(b) Not recorded in part or in full, the information contained in the report must be reported as unknown.
6. If a holder of property presumed abandoned is a successor to another person who previously held the property for the apparent owner or the holder has changed its name while holding the property, the holder shall file with the report its former names, if any, and the known names and addresses of all previous holders of the property.
[6.] 7. Except as otherwise provided in subsection [7,] 8, the report must be filed before November 1 of each year and cover the 12 months next preceding July 1 of that year.
[7.] 8. A report with respect to an insurance company must be filed before May 1 of each year for the immediately preceding calendar year.
[8. The]
9. Except as otherwise provided in subsection 10, the holder of property presumed abandoned shall send written notice to the apparent owner, not more than 120 days or less than 60 days before filing the report, stating that the holder is in possession of property subject to this chapter if:
(a) The holder has in its records an address for the apparent owner which the holders records do not disclose to be invalid and is sufficient to direct delivery of first-class United States mail to the apparent owner; and
(b) The value of the property is $50 or more.
[Κ]
10. If the property presumed abandoned is in the form of stocks, equity, retirement accounts or virtual currency and the property is valued at $1,000 or more, the holder of the property shall send the written notice required by subsection 9 in the form of certified mail.
κ2023 Statutes of Nevada, Page 1058 (CHAPTER 179, AB 55)κ
at $1,000 or more, the holder of the property shall send the written notice required by subsection 9 in the form of certified mail.
11. If a holder is required to send written notice to the apparent owner pursuant to [this] subsection 9 and the apparent owner has consented to receive delivery from the holder by electronic mail, as defined in NRS 41.715, the holder shall send the notice by first-class United States mail or certified mail, as applicable, to the apparent owners last known mailing address, as described in paragraph (a) [,] of subsection 9 and by electronic mail, unless the holder believes the apparent owners electronic mail address is invalid.
[9.] 12. Before the date for filing the report, the holder of property presumed abandoned may request the Administrator to extend the time for filing the report. The Administrator may grant the extension for good cause. The holder, upon receipt of the extension, may make an interim payment on the amount the holder estimates will ultimately be due, which terminates the accrual of additional interest on the amount paid.
[10.] 13. The holder of property presumed abandoned shall file with the report an affidavit stating that the holder has complied with subsection [8.] 9.
[11.] 14. Except as otherwise provided in subsection [12,] 15, the holder of property presumed abandoned shall, through a business portal established by the Administrator, electronically file the report and make the payment of the total amount due.
[12.] 15. The Administrator may waive the requirement to file the report and make the payment electronically for good cause shown by the holder. The holder must request the waiver on or before the deadline established by the Administrator.
Sec. 10. NRS 120A.580 is hereby amended to read as follows:
120A.580 1. The Administrator shall [publish a notice not later than November 30 of the year next following the year in which abandoned property has been paid or delivered to the Administrator. The notice must:
(a) In a county whose population is 700,000 or more:
(1) Be published not less than six times per year, or more frequently as necessary to comply with the provisions of subparagraph (3), in a newspaper of general circulation in the county with a circulation of more than 15,000;
(2) Include instructions] create and maintain a statewide database concerning unclaimed property. The database must be searchable electronically and include, without limitation, the name of each person reported to the Administrator pursuant to NRS 120A.560 as an apparent owner of property presumed abandoned.
2. The Administrator shall make the database publicly available on the website of the Administrator.
3. The Administrator shall publish general information concerning the provisions of this chapter on the website of the Administrator. The information must be updated quarterly and include, without limitation:
(a) Instructions on how to search and access information relating to unclaimed property; [and
(3) Be not less than one full page in size. The Administrator may comply with the requirement in this subparagraph by publishing one or more versions of the notice that are less than one full page in size if the size of all the versions of the notice published during the year is cumulatively not less than six full pages.
κ2023 Statutes of Nevada, Page 1059 (CHAPTER 179, AB 55)κ
(b) In a county whose population is less than 700,000:
(1) Be published not less than once each year in a newspaper of general circulation in the county; and
(2) Include the last known city of any person named in the notice.
2. The notice required by subsection 1 must be in a form that, in the judgment of the Administrator, is likely to attract the attention of persons who may have a legal or equitable interest in unclaimed property or of the legal representatives of such persons. The form must contain:
(a)] (b) The name, physical address, telephone number and Internet address of the website of the Administrator;
[(b)] (c) A statement explaining that unclaimed property is presumed to be abandoned and has been taken into the protective custody of the Administrator; [and
(c)] (d) A statement that information about property taken into protective custody and its return to the owner is available to the owner or a person having a legal or beneficial interest in the property, upon request to the Administrator, directed to the Deputy of Unclaimed Property [.
3. In addition to publishing the notice required by subsection 1,] ;
(e) Information concerning the requirements prescribed by NRS 120A.560 and 120A.640; and
(f) Any other information deemed necessary by the Administrator.
4. At least once a year, the Administrator shall publish [a notice not later than February 1 and August 1 of each year summarizing the requirements of this chapter as they apply to the holders of unclaimed property. The notice must:
(a) Be published in a newspaper of general circulation in this State; and
(b) Be not less than one full page in size. The Administrator may comply with the requirement of this paragraph by publishing one or more versions of the notice that are less than one full page in size if the size of all the versions of the notice published during the year is cumulatively not less than two full pages.
4. In addition to complying with the requirements of subsections 1, 2 and 3,] the information made available on the website of the Administrator pursuant to subsection 3 by press release.
5. In addition to complying with the requirements of subsections 1 to 4, inclusive, the Administrator shall, in each county whose population is less than 700,000, publish a notice not later than November 30 of the year next following the year in which abandoned property has been paid or delivered to the Administrator. The notice must:
(a) Be published not less than once each year in a newspaper of general circulation in the county; and
(b) Include the last known city of any person named in the notice.
6. The notice required by subsection 5 must:
(a) Be in a form that, in the judgment of the Administrator, is likely to attract the attention of persons who may have a legal or equitable interest in unclaimed property or of the legal representatives of such persons; and
(b) Include the information made available on the website of the Administrator pursuant to subsection 3.
7. Nothing in this section shall be construed to limit the ability of the Administrator [may] to advertise or otherwise provide information concerning unclaimed or abandoned property [, including, without limitation, the information set forth in subsections 2 and 3,] at any other time and in any other manner that the Administrator selects.
κ2023 Statutes of Nevada, Page 1060 (CHAPTER 179, AB 55)κ
Sec. 11. NRS 120A.610 is hereby amended to read as follows:
120A.610 1. Except as otherwise provided in subsections [4] 5 to [8,] 9, inclusive, all abandoned property other than money delivered to the Administrator under this chapter must, within 2 years after the delivery, be sold by the Administrator to the highest bidder at public sale in whatever manner affords, in his or her judgment, the most favorable market for the property. The Administrator may decline the highest bid and reoffer the property for sale if the Administrator considers the bid to be insufficient.
2. [Any sale held under this section must be preceded by a single publication of notice, not less than] At least 21 days before a sale, [in a newspaper of general circulation in the county in which the property is to be sold. The] held under this section, the Administrator [may] shall provide notice to the public of the sale by posting notice of the sale:
(a) At the principal office of the Administrator;
(b) At not less than three other prominent places within this State;
(c) On the website of the Administrator; and
(d) By press release.
3. The Administrator may provide additional notice of [any such] a sale held under this section at any time and in any manner that the Administrator selects.
[3.] 4. The purchaser of property at any sale conducted by the Administrator pursuant to this chapter takes the property free of all claims of the owner or previous holder and of all persons claiming through or under them. The Administrator shall execute all documents necessary to complete the transfer of ownership.
[4.] 5. Except as otherwise provided in subsection [5,] 6, the Administrator need not offer any property for sale if the Administrator considers that the probable cost of the sale will exceed the proceeds of the sale. The Administrator may destroy or otherwise dispose of such property or may transfer it to:
(a) The Nevada State Museum Las Vegas, the Nevada State Museum or the Nevada Historical Society, upon its written request, if the property has, in the opinion of the requesting institution, historical, artistic or literary value and is worthy of preservation; or
(b) A genealogical library, upon its written request, if the property has genealogical value and is not wanted by the Nevada State Museum Las Vegas, the Nevada State Museum or the Nevada Historical Society.
Κ An action may not be maintained by any person against the holder of the property because of that transfer, disposal or destruction.
[5.] 6. The Administrator shall transfer property to the Department of Veterans Services, upon its written request, if the property has military value.
[6.] 7. Securities delivered to the Administrator pursuant to this chapter may be sold by the Administrator at any time after the delivery. Securities listed on an established stock exchange must be sold at the prevailing price for that security on the exchange at the time of sale. Other securities not listed on an established stock exchange may be sold:
(a) Over the counter at the prevailing price for that security at the time of sale; or
(b) By any other method the Administrator deems acceptable.
[7.] 8. The Administrator shall hold property that was removed from a safe-deposit box or other safekeeping repository for 1 year after the date of the delivery of the property to the Administrator, unless that property is a will or a codicil to a will, in which case the Administrator shall hold the property for 10 years after the date of the delivery of the property to the Administrator.
κ2023 Statutes of Nevada, Page 1061 (CHAPTER 179, AB 55)κ
will or a codicil to a will, in which case the Administrator shall hold the property for 10 years after the date of the delivery of the property to the Administrator. If no claims are filed for the property within that period and the Administrator determines that the probable cost of the sale of the property will exceed the proceeds of the sale, it may be destroyed.
[8.] 9. All proceeds received by the Administrator from abandoned gift certificates must be accounted for separately in the Abandoned Property Trust Account in the State General Fund. At the end of each fiscal year, before any other money in the Abandoned Property Trust Account is transferred pursuant to NRS 120A.620, the balance in the subaccount created pursuant to this subsection, less any costs, service charges or claims chargeable to the subaccount, must be transferred to the State Education Fund.
Sec. 12. NRS 120A.660 is hereby amended to read as follows:
120A.660 [1.] The Administrator may [decline] :
1. Decline to receive property reported under this chapter which the Administrator considers to have a value less than the expenses of notice and sale [.
2. A holder, with the written consent of the Administrator and upon conditions and terms prescribed by the Administrator, may report and deliver] ; and
2. Receive property reported and delivered by a holder before the property is presumed abandoned [.] if the Administrator determines that receipt of such property is in the best interests of the State.
Sec. 13. NRS 120A.715 is hereby amended to read as follows:
120A.715 [In order to facilitate the return of property under this chapter, the]
1. The Administrator may [enter into cooperative agreements with an] request that a state agency or local agency [from this State concerning the protection of shared] provide to the Administrator certain confidential information [, rules] for [data matching and other issues. Upon] the [execution] purpose of [such an agreement,] facilitating the [Administrator may provide to the agency with which the Administrator has entered the cooperative agreement information regarding the apparent owners] return of unclaimed or abandoned property [pursuant to] under this chapter, including, without limitation, [the name and social security number of the apparent owner. An agency that has entered into a cooperative agreement with the Administrator pursuant to this section shall notify the Administrator of] the last known address of [each] an apparent owner [for which information was provided to the agency pursuant to this section, except as] of unclaimed or abandoned property.
2. A state agency or local agency shall provide to the Administrator any information requested pursuant to subsection 1 as soon as reasonably practicable unless the provision of such information is prohibited by federal law.
3. Nothing in this section shall be construed to limit the ability of the Administrator to request or receive from a state agency or local agency information which is not deemed confidential.
4. As used in this section:
(a) Local agency has the meaning ascribed to it in NRS 223.466.
(b) State agency has the meaning ascribed to it in NRS 223.470.
κ2023 Statutes of Nevada, Page 1062 (CHAPTER 179, AB 55)κ
Sec. 14. NRS 120A.730 is hereby amended to read as follows:
120A.730 1. A holder who fails to report, pay or deliver property within the time prescribed by this chapter shall pay to the Administrator interest at the rate of 18 percent per annum on the property or value thereof from the date the property should have been reported, paid or delivered.
2. Except as otherwise provided in subsection 3, a holder who fails to report, pay or deliver property within the time prescribed by this chapter or fails to perform other duties imposed by this chapter shall pay to the Administrator, in addition to interest as provided in subsection 1, a civil penalty of $200 for each day the report, payment or delivery is withheld or the duty is not performed, up to a maximum of $5,000.
3. A holder who willfully fails to report, pay or deliver property within the time prescribed by this chapter or willfully fails to perform other duties imposed by this chapter shall pay to the Administrator, in addition to interest as provided in subsection 1, a civil penalty of $1,000 for each day the report, payment or delivery is withheld or the duty is not performed, up to a maximum of $25,000, plus 25 percent of the value of any property that should have been but was not reported.
4. A holder who makes a fraudulent report shall pay to the Administrator, in addition to interest as provided in subsection 1, a civil penalty of $1,000 for each day from the date a report under this chapter was due, up to a maximum of $25,000, plus 25 percent of the value of any property that should have been but was not reported.
5. The Administrator for good cause may waive, in whole or in part, interest under subsection 1 and penalties under subsections 2 and 3, and shall waive penalties if the holder acted in good faith and without negligence.
6. A holder who fails to make a payment as required by subsections [11] 14 and [12] 15 of NRS 120A.560 must be assessed by the Administrator a fee for each such payment in an amount equal to the greater of $50 or 2 percent of the amount of the payment.
Sec. 14.5. NRS 120A.740 is hereby amended to read as follows:
120A.740 1. An agreement by an owner, the primary purpose of which is to locate, deliver, recover or assist in the recovery of property that is presumed abandoned, is void and unenforceable if it was entered into during the period commencing on the date the property was presumed abandoned and extending to a time that is 24 months after the date the property is paid or delivered to the Administrator. This subsection does not apply to an owners agreement with an attorney to file a claim as to identified property or contest the Administrators denial of a claim.
2. An agreement by an owner, the primary purpose of which is to locate, deliver, recover or assist in the recovery of property, is enforceable only if the agreement:
(a) Is in writing;
(b) Clearly sets forth the nature of the property and the services to be rendered;
(c) Sets forth the date on which the property was paid or delivered to the Administrator;
(d) Sets forth a statement of the provisions of this section;
(e) Is signed by the apparent owner; and
(f) States the value of the property before and after the fee or other compensation has been deducted.
3. If an agreement covered by this section applies to mineral proceeds and the agreement contains a provision to pay compensation that includes a portion of the underlying minerals or any mineral proceeds not then presumed abandoned, the provision is void and unenforceable.
κ2023 Statutes of Nevada, Page 1063 (CHAPTER 179, AB 55)κ
portion of the underlying minerals or any mineral proceeds not then presumed abandoned, the provision is void and unenforceable.
4. An agreement covered by this section must not provide for compensation that is more than:
(a) If the property that is the subject of the agreement was paid or delivered to the Administrator less than 5 years before the signing of the agreement, 10 percent of the total value of the property.
(b) If the property that is the subject of the agreement was paid or delivered to the Administrator 5 years or more before the signing of the agreement, 20 percent of the total value of the property.
5. An agreement that provides for compensation that is more than the applicable percentage set forth in subsection 4 of the total value of the property that is the subject of the agreement is unenforceable except by the owner. An owner who has agreed to pay compensation that is more than the applicable percentage set forth in subsection 4 of the total value of the property that is the subject of the agreement, or the Administrator on behalf of the owner, may maintain an action to reduce the compensation to an amount that does not exceed the applicable percentage set forth in subsection 4 of the total value of the property. The court may award reasonable attorneys fees to an owner who prevails in the action.
6. This section does not preclude an owner from asserting that an agreement covered by this section is invalid on grounds other than noncompliance with the provisions of this section.
7. The Administrator may adopt such regulations as are necessary to protect the interests of an owner who enters into an agreement covered by this section. The regulations may, without limitation, provide for the licensure or registration of a person with whom an owner enters into an agreement.
Sec. 15. NRS 387.1212 is hereby amended to read as follows:
387.1212 1. The State Education Fund is hereby created as a special revenue fund to be administered by the Superintendent of Public Instruction for the purpose of supporting the operation of the public schools in this State. The interest and income earned on the money in the Fund, excluding the direct legislative appropriation from the State General Fund required by subsection 3, must, after deducting any applicable charges, be credited to the Fund.
2. Money which must be deposited for credit to the State Education Fund includes, without limitation:
(a) All money derived from interest on the State Permanent School Fund, as provided in NRS 387.030;
(b) The proceeds of the tax imposed pursuant to NRS 244.33561 and any applicable penalty or interest, less any amount retained by the county treasurer for the actual cost of collecting and administering the tax;
(c) The proceeds of the tax imposed pursuant to subsection 1 of NRS 387.195;
(d) The money identified in subsection [8] 9 of NRS 120A.610;
(e) The portion of the money in each special account created pursuant to subsection 1 of NRS 179.1187 which is identified in paragraph (d) of subsection 2 of NRS 179.1187;
(f) The money identified in paragraph (d) of subsection 6 of NRS 278C.250;
(g) The money identified in subsection 1 of NRS 328.450;
(h) The money identified in subsection 1 of NRS 328.460;
(i) The money identified in paragraph (a) of subsection 2 of NRS 360.850;
κ2023 Statutes of Nevada, Page 1064 (CHAPTER 179, AB 55)κ
(j) The money identified in paragraph (a) of subsection 2 of NRS 360.855;
(k) The money required to be transferred to the State Education Fund pursuant to NRS 362.100;
(l) The money required to be paid over to the State Treasurer for deposit to the credit of the State Education Fund pursuant to subsection 4 of NRS 362.170;
(m) The portion of the proceeds of the tax imposed pursuant to subsection 1 of NRS 372A.290 identified in paragraph (b) of subsection 4 of NRS 372A.290;
(n) The proceeds of the tax imposed pursuant to subsection 3 of NRS 372A.290;
(o) The proceeds of the fees, taxes, interest and penalties imposed pursuant to chapter 374 of NRS, as transferred pursuant to subsection 3 of NRS 374.785;
(p) The money identified in subsection 5 of NRS 445B.640;
(q) The money identified in paragraph (b) of subsection 4 of NRS 678B.390;
(r) The portion of the proceeds of the excise tax imposed pursuant to subsection 1 of NRS 463.385 identified in paragraph (c) of subsection 5 of NRS 463.385;
(s) The money required to be distributed to the State Education Fund pursuant to subsection 3 of NRS 482.181;
(t) The portion of the proceeds of the fee imposed pursuant to NRS 488.075 identified in subsection 2 of NRS 488.075;
(u) The portion of the net profits of the grantee of a franchise, right or privilege identified in NRS 709.110;
(v) The portion of the net profits of the grantee of a franchise identified in NRS 709.230;
(w) The portion of the net profits of the grantee of a franchise identified in NRS 709.270;
(x) The money required to be distributed to the State Education Fund pursuant to NRS 363D.290; and
(y) The direct legislative appropriation from the State General Fund required by subsection 3.
3. In addition to money from any other source provided by law, support for the State Education Fund must be provided by direct legislative appropriation from the State General Fund in an amount determined by the Legislature to be sufficient to fund the operation of the public schools in this State for kindergarten through grade 12 for the next ensuing biennium for the population reasonably estimated for that biennium. Money in the State Education Fund does not revert to the State General Fund at the end of a fiscal year, and the balance in the State Education Fund must be carried forward to the next fiscal year.
4. Money in the Fund must be paid out on claims as other claims against the State are paid.
Sec. 16. NRS 120A.750 is hereby repealed.
Sec. 17. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 1065κ
Assembly Bill No. 57Committee on Growth and Infrastructure
CHAPTER 180
[Approved: June 2, 2023]
AN ACT relating to motor vehicles; revising provisions relating to a lien on a motor vehicle; revising provisions relating to automobile wreckers; revising provisions governing liens on certain abandoned vehicles; revising the date by which the Director of the Department of Motor Vehicles is required to submit certain reports concerning garages, garage operators and body shops; repealing provisions relating to special license plates issued to honorary consuls of foreign countries; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, certain persons who store, maintain, keep, repair or furnish facilities or services for certain vehicles have a lien on such vehicles. (NRS 108.265-108.367) Existing law authorizes a person who has such a lien to satisfy the lien by selling the vehicle at an auction held at or near the place where the lien was acquired. Section 1 of this bill provides that, if a person who has such a lien is unable to sell the vehicle at a public auction for the fair market value of the vehicle, the person may satisfy the lien by selling the vehicle by private sale directly to a third-party purchaser in an arms length transaction. Section 1 also removes the requirement that a sale must be held at or near the place where the lien was acquired.
Existing law provides for the licensure and regulation of automobile wreckers. (NRS 487.047-487.200) Section 3.3 of this bill authorizes an automobile wrecker to sell a vehicle acquired by the automobile wrecker that: (1) possesses minor damage; and (2) is not scheduled to be salvaged. Existing law requires, in general, that the seller of a used motor vehicle provide the buyer of the vehicle with evidence that the vehicle complies with certain engine emission standards for the purpose of registering the vehicle with the Department of Motor Vehicles. (NRS 445B.800) Section 1.5 of this bill provides that this requirement does not apply to an automobile wrecker who: (1) has acquired a vehicle that possesses minor damage and is not scheduled to be salvaged; (2) sells such a vehicle to a buyer who is responsible for obtaining such compliance before registering the vehicle; and (3) complies with certain notice requirements.
Existing law requires an automobile wrecker to forward to the Department the certificates of title and registration for certain vehicles acquired by the automobile wrecker. (NRS 487.100) Section 3.6 of this bill provides an exemption to this requirement if the automobile wrecker acquires a vehicle to sell that: (1) possesses minor damage; and (2) is not scheduled to be salvaged.
Existing law provides provisions for the removal and disposal of abandoned vehicles. (NRS 487.205-487.300) Existing law provides that the owner of a garage to which an abandoned vehicle has been removed or an automobile wrecker who towed an abandoned vehicle has a lien on the vehicle and establishes the manner in which such a lien may be satisfied depending on the appraised value of the vehicle. (NRS 487.270) Section 3.9 of this bill provides that the operator of a tow car who tows an abandoned vehicle has a lien on the vehicle. Section 3.9 revises the appraised values which determine the manner in which a lien on an abandoned vehicle may be satisfied. Section 3.9 authorizes an automobile wrecker or operator of a tow car to obtain an unbranded title for an abandoned vehicle from the Department if the automobile wrecker or operator presents a certificate of inspection to the Department which meets certain requirements.
κ2023 Statutes of Nevada, Page 1066 (CHAPTER 180, AB 57)κ
On November 16, 2021, the United States Department of State issued a notice indicating that it is the preference of the Office of Foreign Missions of the United States Department of State that states cease issuing special license plates to honorary consular officers. (United States Department of State, Cessation of Honorary Consul License Plates, November 16, 2021) In accordance with that notice, section 7 of this bill repeals provisions of existing law which provide for the issuance of special license plates to a person appointed as an honorary consul of a foreign country, thereby terminating the production and distribution of such plates. (NRS 482.3675) Sections 2 and 3 of this bill make conforming changes by eliminating references to the repealed section.
Existing law requires the Director of the Department of Motor Vehicles to prepare and submit an annual report concerning garages, garage operators and body shops to the Legislative Commission or Legislature, as appropriate, on or before January 1 of each year. (NRS 487.557) Section 4 of this bill instead requires the Director to submit this report on or before February 1 of each year. Section 4 also updates references to the standing committees to whom the report will be transmitted.
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 108.310 is hereby amended to read as follows:
108.310 Subject to the provisions of NRS 108.2723 and 108.315, the lien created in NRS 108.270 to 108.367, inclusive, may be satisfied as follows:
1. The lien claimant shall give written notice to the person on whose account the storing, maintaining, keeping, repairing, labor, fuel, supplies, facilities, services or accessories were made, done or given, and to any other person known to have or to claim an interest in the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home, upon which the lien is asserted, and to the:
(a) Housing Division of the Department of Business and Industry with regard to mobile homes, manufactured homes and commercial coaches as defined in chapter 489 of NRS; or
(b) Department of Motor Vehicles with regard to all other items included in this section.
2. [In] Except as otherwise provided in subsection 3, in accordance with the terms of a notice so given, a sale by public auction [may] must be held to satisfy any valid claim which has become a lien on the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home. [The sale must be held in the place where the lien was acquired or, if that place is manifestly unsuitable for the purpose, at the nearest suitable place.]
3. A lien claimant may cause a motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home to be sold by private sale directly to a third-party purchaser in an arms length transaction if the lien claimant is unable to sell the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home at a public auction after a reasonable effort.
κ2023 Statutes of Nevada, Page 1067 (CHAPTER 180, AB 57)κ
4. Every aspect of a sale made pursuant to subsection 2 or 3, including, without limitation, the method of advertising, time, date, place, terms and price, must be commercially reasonable.
5. After the time for the payment of the claim specified in the notice has elapsed, an advertisement of the sale, describing the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home to be sold, and stating the name of the owner or person on whose account it is held, and the time and place of the sale, must be published once a week for 3 consecutive weeks in a newspaper of general circulation published in the place where the sale is to be held . [, but if no newspaper is published in that place, then in a newspaper published in this State that has a general circulation in that place.] The sale must not be held less than 22 days after the time of the first publication.
[4.] 6. From the proceeds of the sale the lien claimant who furnished the services, labor, fuel, accessories, facilities or supplies shall satisfy the lien, including the reasonable charges of notice, advertisement and sale. The balance, if any, of the proceeds must be delivered, on demand, to the person to whom the lien claimant would have been bound to deliver, or justified in delivering, the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home.
7. Nothing in this section shall be construed to prohibit a lien claimant from purchasing a motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home at a public auction held pursuant to subsection 2 if the sale complies with the requirements prescribed by subsection 4.
8. As used in this section, arms length transaction means a transaction in which the buyer is not affiliated with the seller.
Sec. 1.5. NRS 445B.805 is hereby amended to read as follows:
445B.805 The provisions of NRS 445B.800 do not apply to:
1. Transfer of registration or ownership between:
(a) Spouses; or
(b) Companies whose principal business is leasing of vehicles, if there is no change in the lessee or operator of the vehicle.
2. Motor vehicles which are subject to prorated registration pursuant to the provisions of NRS 706.801 to 706.861, inclusive, and which are not based in this State.
3. Transfer of registration if evidence of compliance was issued within 90 days before the transfer.
4. Transfer of registration from a vehicle dealer or new vehicle dealer to any person who buys or exchanges an interest in a motor vehicle if evidence of compliance was issued within 180 days before the transfer.
5. A consignee who is conducting a consignment auction which meets the requirements set forth in NRS 445B.807 if the consignee:
(a) Informs the buyer, using a form, including, without limitation, an electronic form, if applicable, as approved by the Department of Motor Vehicles, that the consignee is not required to obtain an inspection or testing of the motor vehicle pursuant to the regulations adopted by the Commission under NRS 445B.770 and that any such inspection or testing that is required must be obtained by the buyer before the buyer registers the motor vehicle;
κ2023 Statutes of Nevada, Page 1068 (CHAPTER 180, AB 57)κ
(b) Posts a notice in a conspicuous location at the site of the consignment auction or, if applicable, on the Internet website on which the consignment auction is conducted, and includes a notice in any document published by the consignee that lists the vehicles available for the consignment auction or solicits persons to bid at the consignment auction, stating that the consignee is exempt from any requirement to obtain an inspection or testing of a motor vehicle pursuant to the regulations adopted by the Commission under NRS 445B.770 if the motor vehicle is sold at the consignment auction; and
(c) Makes the vehicle available for inspection before the consignment auction:
(1) In the case of a live auction with an auctioneer verbally calling for and accepting bids, at the location of the consignment auction; or
(2) In the case of an auction that is conducted on an auction website on the Internet by a consignee who is certified pursuant to subsection 2 of NRS 445B.807, at the primary place of business of the consignee conducting the consignment auction.
6. An automobile wrecker who is selling a vehicle pursuant to section 3.3 of this act if the automobile wrecker:
(a) Informs the buyer, using a form, including, without limitation, an electronic form, that the automobile wrecker is not required to obtain an inspection or testing of the motor vehicle pursuant to the regulations adopted by the Commission under NRS 445B.770 and that any such inspection or testing that is required must be obtained by the buyer before the buyer registers the motor vehicle; and
(b) Posts a notice in a conspicuous location at the business of the automobile wrecker or, if applicable, on the Internet website of the automobile wrecker, and includes a notice in any document published by the automobile wrecker that lists the vehicles available for sale by the automobile wrecker, stating that the automobile wrecker is exempt from any requirement to obtain an inspection or testing of a motor vehicle pursuant to the regulations adopted by the Commission under NRS 445B.770.
Sec. 2. NRS 482.379 is hereby amended to read as follows:
482.379 1. The Director may order the design and preparation of license plates which commemorate the 125th anniversary of Nevadas admission into the Union and establish the procedures for the application and issuance of the plates.
2. The Department may designate any colors, numbers and letters for the commemorative plates.
3. A person who is entitled to license plates pursuant to NRS 482.265 may apply for commemorative license plates.
4. The fee for the commemorative license plates is $10, in addition to all other applicable registration and license fees and governmental services taxes. If a person is eligible for and applies for any special license plates issued pursuant to NRS 482.3667, 482.3672, [482.3675,] 482.368 or 482.370 to 482.3825, inclusive, and applies to have those special license plates combined with commemorative plates, the person must pay the fees for the special license plates in addition to the fee for the commemorative plates.
5. In addition to all fees for the license, registration and governmental services taxes, a person who is eligible for and applies for commemorative plates must pay $25 for the celebration of the 125th anniversary of Nevadas admission into the Union.
κ2023 Statutes of Nevada, Page 1069 (CHAPTER 180, AB 57)κ
admission into the Union. The fees for the license, registration, and governmental services taxes and the charge for the celebration may be paid with a single check.
6. Commemorative plates are renewable upon the payment of $10.
7. If during a registration period, the holder of commemorative plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder may retain the plates and:
(a) Within 30 days after removing the plates from the vehicle, return them to the Department; or
(b) Affix them to another vehicle which meets the requirements of this section if the transfer and registration fees are paid as is provided for in this chapter.
8. Except as otherwise provided by subsection 10, if a commemorative license plate or set of license plates issued pursuant to the provisions of this section is lost, stolen or mutilated, the owner of the vehicle may secure a duplicate number plate or set of duplicate number plates, as the case may be, from the Department upon payment of the fees set forth in subsection 2 of NRS 482.500.
9. The Department shall, for each set of commemorative license plates that it issues:
(a) Deposit the $25 collected for the celebration of the 125th anniversary of Nevadas admission into the Union with the State Treasurer for credit to the Account for Nevadas 125th Anniversary in the State General Fund;
(b) Deposit $7.50 with the State Treasurer for credit to the Motor Vehicle Fund pursuant to the provisions of NRS 482.180; and
(c) Deposit $2.50 with the State Treasurer for credit to the Department to reimburse the Department for the cost of manufacturing the license plates.
10. The Department shall not:
(a) Issue the commemorative license plates after October 31, 1990.
(b) Issue duplicate or replacement commemorative license plates after June 30, 1995.
11. License plates issued pursuant to this section are not subject to reissue pursuant to subsection 2 of NRS 482.265.
Sec. 3. NRS 482.500 is hereby amended to read as follows:
482.500 1. Except as otherwise provided in subsection 2 or 3 or specifically provided by statute, whenever upon application any duplicate or substitute certificate of registration, indicator, decal or number plate is issued, the following fees must be paid:
For a certificate of registration............................................................ $5.00
For every substitute number plate or set of plates............................. 5.00
For every duplicate number plate or set of plates............................ 10.00
For every decal displaying a county name............................................ .50
For every other indicator, decal, license plate sticker or tab............ 5.00
2. The following fees must be paid for any replacement number plate or set of plates issued for the following special license plates:
(a) For any special plate issued pursuant to NRS 482.3667, 482.367002, 482.3672, [482.3675,] 482.370 to 482.3755, inclusive, 482.376 or 482.379 to 482.3818, inclusive, a fee of $10.
κ2023 Statutes of Nevada, Page 1070 (CHAPTER 180, AB 57)κ
(b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.
(c) Except as otherwise provided in paragraph (a) of subsection 1 of NRS 482.3824, for any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the Director for the issuance of those plates.
3. A fee must not be charged for a duplicate or substitute of a decal issued pursuant to NRS 482.37635.
4. The fees which are paid for replacement number plates, duplicate number plates and decals displaying county names must be deposited with the State Treasurer for credit to the Motor Vehicle Fund and allocated to the Department to defray the costs of replacing or duplicating the plates and manufacturing the decals.
Sec. 3.3. Chapter 487 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person who is licensed as an automobile wrecker may, after acquiring a vehicle that possesses minor damage and is not scheduled to be salvaged, sell such a vehicle.
2. Before an automobile wrecker sells a vehicle subject to registration pursuant to the laws of this State, the automobile wrecker must possess the certificate of title for the vehicle.
3. Upon sale of the vehicle, the automobile wrecker shall provide the certificate of title for the vehicle to the person who purchased the vehicle.
4. As used in this section, minor damage means damage to a motor vehicle that can be repaired with the use of common repair materials.
Sec. 3.6. NRS 487.100 is hereby amended to read as follows:
487.100 1. Except as otherwise provided in subsections 2 and 3, any automobile wrecker purchasing from any person other than a licensed operator of a salvage pool any vehicle subject to registration pursuant to the laws of this State shall forward to the Department the certificates of title and registration last issued therefor.
2. The certificate of ownership last issued for a mobile home or commercial coach must be sent by the wrecker to the Housing Division of the Department of Business and Industry.
3. An automobile wrecker is not required to:
(a) Provide the Department with a certificate of title, salvage title or a nonrepairable vehicle certificate and certificate of registration last issued; or
(b) Obtain from the Department a certificate of title, salvage title, nonrepairable vehicle certificate or certificate of registration,
Κ for a motor vehicle that is to be processed as parts or scrap metal by the automobile wrecker pursuant to NRS 487.105.
4. An automobile wrecker is not required to provide the Department with the certificate of title and certificate of registration last issued for a motor vehicle that the automobile wrecker sells pursuant to section 3.3 of this act.
Sec. 3.9. NRS 487.270 is hereby amended to read as follows:
487.270 1. Whenever a vehicle has been removed to a garage or other place as provided by NRS 487.230, the owner of the garage or the automobile wrecker or operator of a tow car who towed the vehicle has a lien on the vehicle for:
(a) The costs of towing and storing for a period not exceeding 90 days; and
κ2023 Statutes of Nevada, Page 1071 (CHAPTER 180, AB 57)κ
(b) If the vehicle was removed from public property at the request of a constable, the fee described in paragraph (d) of subsection 2 of NRS 258.125.
2. If the vehicle is appraised at a value [of $500 or less] of less than $1,500, or less than such other value greater than $1,500 which the Department may establish by regulation, and is not reclaimed within the period prescribed in NRS 487.250, the owner of the garage , [or] automobile wrecker or operator of a tow car may satisfy his or her lien by retaining the vehicle and obtaining a certificate pursuant to NRS 487.880, if applicable, [or] a salvage title as provided in NRS 487.810 [.] or an unbranded title pursuant to subsection 4.
3. If the vehicle is appraised at a value of more than [$500] $1,500, or more than such other value greater than $1,500 which the Department may establish by regulation, and is not reclaimed within 45 days, the owner of the garage , [or] automobile wrecker or operator of a tow car may satisfy his or her lien, in accordance with the provisions of NRS 108.265 to 108.367, inclusive. Before such a person may sell the vehicle, the person shall obtain a certificate pursuant to NRS 487.880, if applicable, [or] a salvage title as provided in NRS 487.810 [.] or an unbranded title pursuant to subsection 4.
4. Before an automobile wrecker or operator of a tow car satisfies his or her lien pursuant to subsection 2 or 3, the automobile wrecker or operator of a tow car may request that the Department issue an unbranded title for the vehicle. The Department shall issue the unbranded title if the automobile wrecker or operator of a tow car submits to the Department a certificate of inspection in such form as the Department may prescribe which has been completed and signed by a garage operator who operates a garage that is registered pursuant to NRS 487.560, by the owner of a body shop licensed pursuant to NRS 487.630, by a rebuilder licensed pursuant to NRS 482.325 or by a qualified employee of such a garage, body shop or rebuilder certifying that:
(a) The vehicle was inspected by the garage operator, owner, rebuilder or employee;
(b) The vehicle meets the standards of the vehicle manufacturer for mechanical fitness and safety;
(c) Any safety equipment, including, without limitation, occupant restraint devices, which was present in the vehicle at the time the vehicle was manufactured is present and operational to the standards of the manufacturer and the provisions of 49 C.F.R. §§ 571.208 and 571.209; and
(d) The vehicle is in a condition to be operated safely on the highways of this State.
5. Nothing in subsection 4 shall be construed as requiring the Department to change the existing status of a certificate of title, including, without limitation, any designation that a vehicle is a salvage vehicle or rebuilt vehicle.
6. If the vehicle was removed from public property at the request of a constable and the owner of the garage or automobile wrecker satisfies his or her lien pursuant to subsection 2 or 3, the owner of the garage or automobile wrecker shall transmit to the constable the fee described in paragraph (d) of subsection 2 of NRS 258.125.
κ2023 Statutes of Nevada, Page 1072 (CHAPTER 180, AB 57)κ
7. As used in this section:
(a) Operator of a tow car means the operator of a tow car who holds a certificate of public convenience and necessity issued pursuant to NRS 706.4463.
(b) Unbranded title means a certificate of title that does not include a specified designation, including, without limitation, a designation that a motor vehicle is a salvage vehicle or rebuilt vehicle.
Sec. 4. NRS 487.557 is hereby amended to read as follows:
487.557 1. On or before [January] February 1 of each year, the Director of the Department shall prepare a report concerning garages, garage operators and body shops. The report must include:
(a) The number of complaints relating to garages, garage operators and body shops made to and acted upon by the Department during the year for which the report is prepared;
(b) The number of investigations conducted during that year by the Department relating to garages, garage operators and body shops; and
(c) The outcome of each investigation specified in paragraph (b) and the extent to which any information relating to each investigation is subject to disclosure to the members of the public.
2. On or before [January] February 1 of each even-numbered year, the Director of the Department shall submit the report required pursuant to subsection 1 to the Legislative Commission. On or before [January] February 1 of each odd-numbered year, the Director of the Department shall submit the report to the Director of the Legislative Counsel Bureau for transmittal to:
(a) The Senate Standing Committee on [Energy,] Growth and Infrastructure ; [and Transportation;] and
(b) The Assembly Standing Committee on [Transportation.] Growth and Infrastructure.
Sec. 5. A person to whom the Department of Motor Vehicles issued special license plates pursuant to NRS 482.3675 shall, on or before January 1, 2024, surrender any such plates in his or her possession to the Department, and, in lieu of any plates surrendered, is entitled to receive regular Nevada license plates.
Sec. 6. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 7. NRS 482.3675 is hereby repealed.
Sec. 8. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 1073κ
Assembly Bill No. 60Committee on Government Affairs
CHAPTER 181
[Approved: June 2, 2023]
AN ACT relating to local improvements; revising the process for the governing body of a municipality to provide notice of the annual assessment roll for a neighborhood improvement project; revising the process for such a governing body to approve an amendment to the assessment roll; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the governing body of any county, city or town to create an improvement district for the acquisition, improvement, equipment, operation and maintenance of certain projects, including a neighborhood improvement project, and to finance the cost of any such project through such methods as the issuance of certain bonds and the levy of assessments upon property in the improvement district. (NRS 271.265, 271.270, 271.325)
Existing law requires the governing body of a local government which has acquired or improved a neighborhood improvement project to annually: (1) prepare an estimate of expenditures for the next fiscal year and a proposed assessment roll for the district; (2) conduct a public hearing on the estimate of expenditures and proposed assessment roll; and (3) confirm and levy the assessments. (NRS 271.377) Section 3 of this bill requires instead that a governing body for a neighborhood improvement project annually: (1) prepare an amendment to the assessment roll and an estimate of the expenditures for the next fiscal year; (2) hold a public meeting to consider the amendment; (3) mail or, upon written request and to the extent practicable, transmit by electronic mail a notice of the public meeting at least 21 days before the date of the meeting to the owner of each tract to be assessed; and (4) confirm the amendment to the assessment roll by resolution and mail notice of the assessments to the owner of each tract being assessed. Section 3 further: (1) requires the governing body to list an amendment to the assessment roll as a separate action item on the meeting agenda; and (2) prohibits the governing body from approving an amendment to the assessment roll as a group of agenda items in a single motion.
Sections 1 and 2 of this bill make conforming changes to clarify appropriate references to certain sections 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. NRS 271.296 is hereby amended to read as follows:
271.296 1. The governing body may, by resolution, dissolve an improvement district that is created for the purposes of a neighborhood improvement project if property owners whose property is assessed for a combined total of more than 50 percent of the total amount of the assessments of all the property in the improvement district submit a written petition to the governing body that requests the dissolution of the district within the period prescribed in subsection 2.
2. The dissolution of an improvement district pursuant to this section may be requested within 30 days after:
(a) The first anniversary of the date the improvement district was created; and
κ2023 Statutes of Nevada, Page 1074 (CHAPTER 181, AB 60)κ
(b) Each subsequent anniversary thereafter.
3. As soon as practicable after the receipt of the written petition of the property owners submitted pursuant to subsection 1, the governing body shall pass a resolution of intention to dissolve the improvement district. The governing body shall give notice of a hearing on the dissolution. The notice must be provided and the hearing must be held [pursuant to the requirements] in the manner set forth in NRS [271.377.] 271.380 and 271.385. If the governing body determines that dissolution of the improvement district is appropriate, it shall dissolve the improvement district by resolution, effective not earlier than the 30th day after the hearing.
4. If there is indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the improvement district, the portion of the assessment necessary to pay the indebtedness remains effective and must be continued in the following years until the debt is paid.
Sec. 2. NRS 271.297 is hereby amended to read as follows:
271.297 An association with which a governing body contracts pursuant to NRS 271.332 may, at any time, request that the governing body modify a plan or plat with regard to the neighborhood improvement project. Upon the written request of the association, the governing body may modify the plan or plat by ordinance after providing notice and holding a hearing on the proposed modification [pursuant to NRS 271.377.] in the manner set forth in NRS 271.380 and 271.385. If the proposed modification of a plat expands the territory for assessment, a person who owns or resides within a tract which is located within the territory proposed to be added to the improvement district may file a protest pursuant to NRS 271.392 at any time before the governing body modifies the plat by ordinance. A petition is not required for a modification made pursuant to this section.
Sec. 3. NRS 271.377 is hereby amended to read as follows:
271.377 1. On or before June 30 of each year after the governing body acquires or improves a neighborhood improvement project, the governing body shall prepare or cause to be prepared an estimate of the expenditures required in the ensuing fiscal year and a proposed amendment to the assessment roll assessing an amount not greater than the estimated cost against the benefited property. The amendment to the assessment must be computed according to frontage or another uniform and quantifiable basis.
2. The governing body shall [hold a public hearing upon the estimate of expenditures and the proposed assessment roll.] consider the amendment to the assessment roll at a public meeting of the governing body. Notice must be given [and the hearing conducted in the manner provided in NRS 271.380 and 271.385. The assessment may not exceed the amount stated in the proposed assessment roll unless a new hearing is held after notice is mailed and published in the manner provided in NRS 271.305 and 271.310.] by mail or, upon written request and to the extent practicable, by electronic mail to the owner of each tract to be assessed at least 21 days before the date of the meeting of the governing body. The notice must set forth the amount of the assessment roll for the ensuing fiscal year.
3. The agenda for a public meeting of the governing body to consider an amendment to the assessment roll must list the amendment as a separate action item. The governing body shall not approve an amendment to the assessment roll as a group of agenda items in a single motion.
κ2023 Statutes of Nevada, Page 1075 (CHAPTER 181, AB 60)κ
4. After the [public hearing,] meeting, the governing body shall confirm the assessments, as specified in the [proposed] amendment to the assessment roll [or as modified, and levy the assessment as provided in NRS 271.390.] , by resolution and mail notice of the assessments to the owner of each tract being assessed. The notice must set forth the date on which the assessment is due and instructions for paying the assessment.
[4.] 5. An improvement district created for a neighborhood improvement project is not entitled to any distribution from the local government tax distribution account.
Sec. 4. This act becomes effective upon passage and approval.
________
Assembly Bill No. 65Committee on Education
CHAPTER 182
[Approved: June 2, 2023]
AN ACT relating to education; restricting the time of day during which the board of trustees of a school district may take action or corrective action at a regular or special meeting; revising provisions relating to reports regarding and investigations into incidents of discrimination based on race, bullying and cyber-bullying; revising provisions governing the approval of work-based learning programs; revising the requirement for children of a certain age to attend a public school; revising provisions governing the placement of children in certain early grades; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The Open Meeting Law requires that a public body such as the board of trustees of a school district give notice of its meetings by: (1) posting an agenda consisting of a list describing the items on which action may be taken by the public body; and (2) clearly denoting that action may be taken on those items by placing the term for possible action next to the appropriate item or, under certain circumstances, by placing the term for possible corrective action next to the appropriate item. (NRS 241.015, 241.020) Existing law sets forth certain requirements and procedures for meetings of the board of trustees of a school district, including, without limitation: (1) a requirement that the board of trustees hold a regular meeting at least once each month; and (2) the authority for the president of the board of trustees to call special meetings under certain circumstances. (NRS 386.330) Section 1.5 of this bill prohibits, except in an emergency that impacts the school district, the board of trustees of a school district from taking any action or corrective action at a regular meeting or special meeting on an item that has been posted on its agenda pursuant to the Open Meeting Law after 11:59 p.m. on the day of the meeting. Section 1.5 further provides that if the board of trustees has not taken action or corrective action, as applicable, on any item that is on its agenda before 11:59 p.m. on the day of the meeting, the board of trustees must not take any further action or corrective action on any item that is on the meeting agenda unless the board of trustees: (1) schedules the delayed agenda item at a future meeting; or (2) waits at least 24 hours after the originally scheduled time of the meeting but not later than 3 business days after the originally scheduled date of the meeting to take action or corrective action.
κ2023 Statutes of Nevada, Page 1076 (CHAPTER 182, AB 65)κ
Existing law establishes the Office for a Safe and Respectful Learning Environment in the Department of Education and requires the Director of the Office to investigate any complaint that a teacher, administrator, coach or other staff member or member of a governing body has violated applicable provisions of law regarding discrimination based on race, bullying or cyber-bullying. (NRS 388.1323) Existing law also requires the Director to establish the SafeVoice Program within the Office, which allows a person to make an anonymous report to a support center regarding dangerous, violent or unlawful activity that is conducted, or is threatened to be conducted, on the property of a public school or in certain other circumstances related to public schools. (NRS 388.1455) Any anonymous tip made through the SafeVoice Program is then forwarded to the appropriate public safety agencies and certain trained personnel at the public school for appropriate action to be taken. (NRS 388.14553) Section 3 of this bill provides that the Director is not required to investigate a complaint that a teacher, administrator, coach or other staff member or member of a governing body has violated applicable provisions of law regarding discrimination based on race, bullying or cyber-bullying if the complaint is made through the SafeVoice Program and investigated by certain trained personnel at the public school, unless the complaint alleges that a previous investigation of the same matter by the personnel at the public school failed to resolve the issue or was otherwise deficient.
Section 2 of this bill revises the definition of bullying to exclude acts, gestures and expressions which are engaged in as part of a mutual disagreement or conflict.
Upon receiving a report of discrimination based on race, bullying or cyber-bullying, existing law requires the administrator of a school or his or her designee to immediately begin an investigation into the report. With certain exceptions, existing law requires the investigation to be completed not later than 2 school days after receipt of the report. (NRS 388.1351) Section 6 of this bill requires the investigation to be completed, to the greatest extent practicable, within 5 school days after the administrator or designee receives the report, or within 7 school days if extenuating circumstances prevent the investigation from being completed within 5 school days. Section 6 also removes the requirement for a direct supervisor of a principal to submit to the Office a quarterly report regarding incidents of discrimination based on race, bullying or cyber-bullying.
Existing law authorizes the board of trustees of a school district or the governing body of a charter school to offer a work-based learning program upon the approval of the State Board of Education. (NRS 389.167) Section 9 of this bill requires a work-based learning program to be approved instead by the Superintendent of Public Instruction.
Existing law requires a child to be a certain age on or before the first day of the school year to be admitted to certain early grades of school. (NRS 392.040) Section 12 of this bill changes the date by which a child must attain a certain age to start certain early grades from the first day of the school year to August 1 of the school year, or if August 1 does not occur during a school year, on or before August 1 preceding a school year.
Existing law, in general, requires a child between 7 and 18 years of age to attend public school. (NRS 392.040) Section 12.5 of this bill revises this provision to require each child to begin attending public school once the child is 6 years of age, rather than 7 years of age. Section 15.5 of this bill requires a child who is 6 years of age or older on or before August 1, 2024, and enrolls in public school for the first time to be admitted to kindergarten or first grade.
Section 15.7 of this bill authorizes a public school to: (1) admit a child who was enrolled in a prekindergarten program during the 2022-2023 school year in kindergarten for the following school year if the child is 5 years of age on or before the first day of the school year; and (2) promote a pupil who is enrolled in and who successfully completes kindergarten or first grade in a public school during the 2022-2023 or 2023-2024 school years to the next grade level for the following school year, regardless of his or her age during the 2023-2024 and 2024-2025 school years, as applicable.
κ2023 Statutes of Nevada, Page 1077 (CHAPTER 182, AB 65)κ
EXPLANATION Matter in bolded italics is new; matter between brackets
[omitted
material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 1.5. NRS 386.330 is hereby amended to read as follows:
386.330 1. The board of trustees shall hold a regular meeting at least once each month, at such time and place as the board shall determine.
2. Special meetings of the board of trustees shall be held at the call of the president whenever there is sufficient business to come before the board, or upon the written request of three members of the board.
3. The clerk of the board of trustees shall give written notice of each special meeting to each member of the board of trustees by personal delivery of the notice of the special meeting to each trustee at least 1 day before the meeting, or by mailing the notice to each trustees residence of record, by deposit in the United States mails, postage prepaid, at least 4 days before the meeting. The notice shall specify the time, place and purpose of the meeting. If all of the members of the board of trustees are present at a special meeting, the lack of notice shall not invalidate the proceedings of the board of trustees.
4. A majority of the members of the board of trustees shall constitute a quorum for the transaction of business, and no action of the board of trustees shall be valid unless such action shall receive, at a regularly called meeting, the approval of a majority of all the members of the board of trustees.
5. In any county whose population is 55,000 or more, the board of trustees may cause each meeting of the board to be broadcast on a television station created to provide community access to cable television by using the facilities of the school district, county or any city located in the county. The board of trustees and the county or city shall cooperate fully with each other to determine:
(a) The feasibility of televising the meetings of the board of trustees;
(b) The costs to televise the meetings of the board of trustees for each proposed method of televising; and
(c) The number of potential viewers of the meetings of the board of trustees for each proposed method of televising.
6. Except in an emergency that impacts the school district, the board of trustees shall not take any action or corrective action at a regular meeting or special meeting on an item that has been posted on its agenda pursuant to chapter 241 of NRS after 11:59 p.m. on the day of the meeting. If the board of trustees has not taken action or corrective action, as applicable, on any item that is on its agenda before 11:59 p.m. on the day of the meeting, the board of trustees must not take any further action or corrective action on any item that is on the meeting agenda unless the board of trustees:
(a) Schedules the delayed agenda item at a future meeting by placing the item on its agenda for the future meeting pursuant to chapter 241 of NRS; or
(b) Waits until at least 24 hours after the originally scheduled time of the meeting but not later than 3 business days after the originally scheduled date of the meeting to take action or corrective action.
κ2023 Statutes of Nevada, Page 1078 (CHAPTER 182, AB 65)κ
7. As used in this section, emergency has the meaning ascribed to it in NRS 241.020.
Sec. 2. NRS 388.122 is hereby amended to read as follows:
388.122 1. Bullying means written, verbal or electronic expressions or physical acts or gestures, or any combination thereof, that are directed at a person or group of persons, or a single severe and willful act or expression that is directed at a person or group of persons, and:
(a) Have the effect of:
(1) Physically harming a person or damaging the property of a person; or
(2) Placing a person in reasonable fear of physical harm to the person or damage to the property of the person;
(b) Interfere with the rights of a person by:
(1) Creating an intimidating or hostile educational environment for the person; or
(2) Substantially interfering with the academic performance of a pupil or the ability of the person to participate in or benefit from services, activities or privileges provided by a school; or
(c) Are acts or conduct described in paragraph (a) or (b) and are based upon the:
(1) Actual or perceived race, color, national origin, ancestry, religion, gender identity or expression, sexual orientation, physical or mental disability of a person, sex or any other distinguishing characteristic or background of a person; or
(2) Association of a person with another person having one or more of those actual or perceived characteristics.
2. The term includes, without limitation:
(a) Repeated or pervasive taunting, name-calling, belittling, mocking or use of put-downs or demeaning humor regarding the actual or perceived race, color, national origin, ancestry, religion, gender identity or expression, sexual orientation, physical or mental disability of a person, sex or any other distinguishing characteristic or background of a person;
(b) Behavior that is intended to harm another person by damaging or manipulating his or her relationships with others by conduct that includes, without limitation, spreading false rumors;
(c) Repeated or pervasive nonverbal threats or intimidation such as the use of aggressive, menacing or disrespectful gestures;
(d) Threats of harm to a person, to his or her possessions or to other persons, whether such threats are transmitted verbally, electronically or in writing;
(e) Blackmail, extortion or demands for protection money or involuntary loans or donations;
(f) Blocking access to any property or facility of a school;
(g) Stalking; and
(h) Physically harmful contact with or injury to another person or his or her property.
3. The term does not include expressions, acts or gestures which are engaged in as part of a mutual disagreement or conflict.
Sec. 3. NRS 388.1323 is hereby amended to read as follows:
388.1323 1. The Office for a Safe and Respectful Learning Environment is hereby created within the Department.
κ2023 Statutes of Nevada, Page 1079 (CHAPTER 182, AB 65)κ
2. The Superintendent of Public Instruction shall appoint a Director of the Office, who shall serve at the pleasure of the Superintendent.
3. The Director of the Office shall ensure that the Office:
(a) Maintains a 24-hour, toll-free statewide hotline and Internet website by which any person can report a violation of the provisions of NRS 388.121 to 388.1395, inclusive, and obtain information about antidiscrimination and anti-bullying efforts and organizations; and
(b) Provides outreach and antidiscrimination and anti-bullying education and training for pupils, parents and guardians, teachers, administrators, coaches and other staff members and the members of a governing body. The outreach and training must include, without limitation:
(1) Training regarding methods, procedures and practice for recognizing discrimination based on race, bullying and cyber-bullying behaviors;
(2) Training regarding effective intervention and remediation strategies regarding discrimination based on race, bullying and cyber-bullying;
(3) Training regarding methods for reporting violations of NRS 388.135; and
(4) Information on and referral to available resources regarding suicide prevention and the relationship between discrimination based on race, bullying or cyber-bullying and suicide, including, without limitation, resources for pupils who are members of groups at a high risk of suicide. Such groups include, without limitation, the groups described in subsection 3 of NRS 388.256.
4. The Director of the Office shall establish procedures by which the Office may receive reports of discrimination based on race, bullying and cyber-bullying and complaints regarding violations of the provisions of NRS 388.121 to 388.1395, inclusive.
5. [The] Except as otherwise provided in this subsection, the Director of the Office or his or her designee shall investigate any complaint that a teacher, administrator, coach or other staff member or member of a governing body has violated a provision of NRS 388.121 to 388.1395, inclusive. If a complaint alleges criminal conduct or an investigation leads the Director of the Office or his or her designee to suspect criminal conduct, the Director of the Office may request assistance from the Investigation Division of the Department of Public Safety. The Director of the Office or his or her designee is not required to investigate a complaint pursuant to this subsection if the complaint is made through the SafeVoice Program established pursuant to NRS 388.1455 and investigated by the team appointed pursuant to paragraph (a) of subsection 1 of NRS 388.14553, unless the complaint alleges that a previous investigation conducted by the team appointed pursuant to paragraph (a) of subsection 1 of NRS 388.14553 regarding the same matter failed to resolve the issue or was otherwise deficient.
Secs. 4 and 5. (Deleted by amendment.)
Sec. 6. NRS 388.1351 is hereby amended to read as follows:
388.1351 1. Except as otherwise provided in NRS 388.13535, a teacher, administrator, coach or other staff member who witnesses a violation of NRS 388.135 or receives information that a violation of NRS 388.135 has occurred shall report the violation to the administrator or his or her designee as soon as practicable, but not later than a time during the same day on which the teacher, administrator, coach or other staff member witnessed the violation or received information regarding the occurrence of a violation.
κ2023 Statutes of Nevada, Page 1080 (CHAPTER 182, AB 65)κ
day on which the teacher, administrator, coach or other staff member witnessed the violation or received information regarding the occurrence of a violation.
2. Except as otherwise provided in this subsection, upon receiving a report required by subsection 1, the administrator or designee shall immediately take any necessary action to stop the discrimination based on race, bullying or cyber-bullying and ensure the safety and well-being of the reported victim or victims of the discrimination based on race, bullying or cyber-bullying and shall begin an investigation into the report. If the administrator or designee does not have access to the reported victim of the alleged violation of NRS 388.135, the administrator or designee may wait until the next school day when he or she has such access to take the action required by this subsection.
3. The investigation conducted pursuant to subsection 2 must include, without limitation:
(a) Except as otherwise provided in subsection 4, notification provided by telephone, electronic mail or other electronic means or provided in person, of the parents or guardians of all pupils directly involved in the reported discrimination based on race, bullying or cyber-bullying, as applicable, either as a reported aggressor or a reported victim of the discrimination based on race, bullying or cyber-bullying. The notification must be provided:
(1) If the discrimination based on race, bullying or cyber-bullying is reported before the end of school hours on a school day, before the schools administrative office closes on the day on which the discrimination based on race, bullying or cyber-bullying is reported; or
(2) If the discrimination based on race, bullying or cyber-bullying was reported on a day that is not a school day, or after school hours on a school day, before the schools administrative office closes on the school day following the day on which the discrimination based on race, bullying or cyber-bullying is reported.
(b) Interviews with all pupils whose parents or guardians must be notified pursuant to paragraph (a) and with all such parents and guardians.
4. If the contact information for the parent or guardian of a pupil in the records of the school is not correct, a good faith effort to notify the parent or guardian shall be deemed sufficient to meet the requirement for notification pursuant to paragraph (a) of subsection 3.
5. Except as otherwise provided in this subsection, an investigation required by this section must be completed [not later than 2] , to the greatest extent practicable, within 5 school days after the administrator or designee receives a report required by subsection 1. If extenuating circumstances prevent the administrator or designee from completing the investigation required by this section within [2] 5 school days after making a good faith effort, [1] 2 additional school [day] days may be used to complete the investigation. [The time for completing an investigation into a report of cyber-bullying may also be extended to not more than 5 school days after the report is received with the consent of each reported victim of the cyber-bullying or, if a reported victim is under 18 years of age and is not emancipated, the parent or guardian of the reported victim.]
6. An administrator or designee who conducts an investigation required by this section shall complete a written report of the findings and conclusions of the investigation. If a violation is found to have occurred:
κ2023 Statutes of Nevada, Page 1081 (CHAPTER 182, AB 65)κ
(a) The report must include recommendations concerning the imposition of disciplinary action or other measures to be imposed as a result of the violation, in accordance with the policy governing disciplinary action adopted by the governing body. Subject to the provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, the report must be made available, not later than 24 hours after the completion of the written report, to all parents or guardians who must be notified pursuant to paragraph (a) of subsection 3 as part of the investigation; and
(b) Any action taken after the completion of the investigation to address the discrimination based on race, bullying or cyber-bullying must be based on restorative disciplinary practices and carried out in a manner that causes the least possible disruption for the victim or victims. When necessary, the administrator or [his or her] designee shall give priority to ensuring the safety and well-being of the victim or victims over any interest of the perpetrator or perpetrators when determining the actions to take.
7. If a violation is found not to have occurred, information concerning the incident must not be included in the record of the reported aggressor.
8. Not later than 10 school days after receiving a report required by subsection 1, the administrator or designee shall meet with each reported victim of the discrimination based on race, bullying or cyber-bullying to inquire about the well-being of the reported victim and to ensure that the reported discrimination based on race, bullying or cyber-bullying, as applicable, is not continuing.
9. To the extent that information is available, the administrator or [his or her] designee shall provide a list of any resources that may be available in the community to assist a pupil to each parent or guardian of a pupil to whom notice was provided pursuant to this section as soon as practicable. Such a list may include, without limitation, resources available at no charge or at a reduced cost and may be provided in person or by electronic or regular mail. If such a list is provided, the administrator [, his] or [her] designee, or any employee of the school or the school district is not responsible for providing such resources to the pupil or ensuring the pupil receives such resources.
10. The parent or guardian of a pupil involved in the reported violation of NRS 388.135 may appeal a disciplinary decision of the administrator or [his or her] designee, made against the pupil as a result of the violation, in accordance with the policy governing disciplinary action adopted by the governing body. Not later than 30 days after receiving a response provided in accordance with such a policy, the parent or guardian may submit a complaint to the Department. The Department shall consider and respond to the complaint pursuant to procedures and standards prescribed in regulations adopted by the Department.
11. If a violation of NRS 388.135 is found to have occurred, the parent or guardian of a pupil who is a victim of discrimination based on race, bullying or cyber-bullying may request that the board of trustees of the school district in which the pupil is enrolled to assign the pupil to a different school in the school district. Upon receiving such a request, the board of trustees shall, in consultation with the parent or guardian of the pupil, assign the pupil to a different school.
12. A principal or his or her designee shall submit a monthly report to the direct supervisor of the principal that includes for the school the number of:
(a) Reports received pursuant to subsection 1 concerning incidents of bullying or cyber-bullying;
κ2023 Statutes of Nevada, Page 1082 (CHAPTER 182, AB 65)κ
(b) Reports received pursuant to subsection 1 concerning incidents of discrimination based on race;
(c) Times in which a violation of NRS 388.135 is found to have occurred; and
(d) Times in which no violation of NRS 388.135 is found to have occurred.
13. [A direct supervisor who receives a monthly report pursuant to subsection 12 shall, each calendar quarter, submit a report to the Office for a Safe and Respectful Learning Environment that includes, for the schools for which the direct supervisor has received a monthly report in the calendar quarter and categorized by types of incidents and the demographics identified in subsection 1 of NRS 388.1235, the:
(a) Total number of reports received pursuant to subsection 1 concerning bullying or cyber-bullying;
(b) Total number of reports received pursuant to subsection 1 concerning incidents of discrimination based on race;
(c) Number of times in which a violation of NRS 388.135 is found to have occurred; and
(d) Number of times in which no violation of NRS 388.135 is found to have occurred.
14. The Office for a Safe and Respectful Learning Environment, in consultation with the direct supervisor of a principal, shall, after reviewing a report submitted pursuant to subsection 12 or 13, as applicable, make any recommendations based on identified trends and patterns the Office determines to be appropriate regarding interventions or training to address discrimination based on race, bullying and cyber-bullying at the school.
15.] School hours and school days are determined for the purposes of this section by the schedule established by the governing body for the school.
[16.] 14. The provisions of this section must not be construed to place any limit on the time within which an investigation concerning any alleged act that constitutes sexual assault must be completed.
Secs. 7 and 8. (Deleted by amendment.)
Sec. 9. NRS 389.167 is hereby amended to read as follows:
389.167 1. A pupil enrolled at a public school must be allowed to apply one or more credits toward the total number of credits required for graduation from high school if the pupil successfully completes the number of hours in a work-based learning program required by regulation of the State Board to earn such credits. Any credits earned for successful completion of a work-based learning program must be applied toward the pupils elective course credits and not toward a course that is required for graduation from high school.
2. The board of trustees of a school district or the governing body of a charter school may offer a work-based learning program upon application to and with the approval of the [State Board.] Superintendent of Public Instruction. An application to offer a work-based learning program must include, without limitation:
(a) The fields, trades or occupations in which a work-based learning program will be offered.
(b) The qualifications of a pupil to participate in the work-based learning program. Such qualifications must allow a majority of pupils to be eligible to participate in the work-based learning program.
(c) A description of the process that will be used by pupils to apply to participate in a work-based learning program.
κ2023 Statutes of Nevada, Page 1083 (CHAPTER 182, AB 65)κ
(d) A description of the manner in which participation in a work-based learning program and completion of the requirements of a work-based learning program will be verified.
(e) A description of the manner in which the performance of a pupil who participates in the work-based learning program will be evaluated, which must include, without limitation, an on-site evaluation of the performance of the pupil.
3. Upon approval by the [State Board] Superintendent of Public Instruction of an application to offer a work-based learning program submitted pursuant to subsection 2, the board of trustees or the governing body shall:
(a) Designate an employee of the school district or charter school, as applicable, to serve as a work-based learning coordinator to coordinate and oversee work-based learning programs. Such an employee must ensure that each business, agency or organization that will offer employment and supervision of a pupil as part of the work-based learning program is suitable for participation in a work-based learning program.
(b) Establish and maintain a list of businesses, agencies and organizations that have been found suitable by the work-based learning coordinator pursuant to paragraph (a).
4. To receive approval from the [State Board] Superintendent of Public Instruction to offer a work-based learning program, the work-based learning program must include, without limitation, requirements that:
(a) A detailed training agreement and training plan be completed for each pupil participating in the work-based training program for credit that identifies the specific tasks in which the pupil will participate that will develop competency of the pupil in the workplace;
(b) A pupil participating in the work-based learning program be allowed to leave the public school in which he or she is enrolled during the school day to participate in such a program; and
(c) Participation by a pupil in the work-based learning program will develop a broad range of skills and will allow a pupil to focus on his or her chosen career pathway.
5. A school district or charter school may allow a pupil who successfully completes a work-based learning program to earn dual credit for participation in the work-based learning program.
6. On or before January 15 of each odd-numbered year, the board of trustees of a school district and the governing body of a charter school that offers a work-based learning program shall prepare a report concerning the manner in which the work-based learning program has been carried out and submit the report to the State Board and the Legislature. The report must include, without limitation:
(a) The number of pupils participating in the work-based learning program; and
(b) The types of work-based learning offered through the work-based learning program.
7. The number of pupils participating in the work-based learning program reported pursuant to paragraph (a) of subsection 6 must be disaggregated on the basis of the following characteristics:
(a) Pupils who are American Indian or Alaska Native, Asian, Black or African American, Hispanic or Latino, Native Hawaiian or Pacific Islander, white or two or more races;
(b) Gender of pupils;
κ2023 Statutes of Nevada, Page 1084 (CHAPTER 182, AB 65)κ
(c) Pupils who are migrants; and
(d) Pupils who are members of special populations, as defined in 20 U.S.C. § 2302(48).
Secs. 10 and 11. (Deleted by amendment.)
Sec. 12. NRS 392.040 is hereby amended to read as follows:
392.040 1. Except as otherwise provided by law, each parent, custodial parent, guardian or other person in the State of Nevada having control or charge of any child between the ages of 7 and 18 years shall send the child to a public school during all the time the public school is in session in the school district in which the child resides unless the child has graduated from high school.
2. A child who is 5 years of age on or before [the first day] August 1 of the school year, or if August 1 does not occur during the school year, on or before August 1 preceding [a] the school year , may be admitted to kindergarten at the beginning of that school year, and the childs enrollment must be counted for purposes of apportionment. If a child is not 5 years of age on or before [the first day] August 1 of the school year, or if August 1 does not occur during a school year, on or before August 1 preceding [a] the school year, the child must not be admitted to kindergarten.
3. Except as otherwise provided in subsection 4, a child who is 6 years of age on or before [the first day] August 1 of the school year, or if August 1 does not occur during a school year, on or before August 1 preceding [a] the school year must:
(a) If the child has not completed kindergarten, be admitted to kindergarten at the beginning of that school year; or
(b) If the child has completed kindergarten, be admitted to the first grade at the beginning of that school year,
Κ and the childs enrollment must be counted for purposes of apportionment. If a child is not 6 years of age on or before [the first day of] August 1 of the school year, or if August 1 does not occur during a school year, on or before August 1 preceding [a] the school year, the child must not be admitted to the first grade until the beginning of the school year following the childs sixth birthday.
4. The parents, custodial parent, guardian or other person within the State of Nevada having control or charge of a child who is 6 years of age on or before [the first day of] August 1 of the school year, or if August 1 does not occur during a school year, on or before August 1 preceding [a] the school year may elect for the child not to attend kindergarten or the first grade during that year. The parents, custodial parent, guardian or other person who makes such an election shall file with the board of trustees of the appropriate school district a waiver in a form prescribed by the board.
5. Whenever a child who is 6 years of age is enrolled in a public school, each parent, custodial parent, guardian or other person in the State of Nevada having control or charge of the child shall send the child to the public school during all the time the school is in session. If the board of trustees of a school district has adopted a policy prescribing a minimum number of days of attendance for pupils enrolled in kindergarten or first grade pursuant to NRS 392.122, the school district shall provide to each parent and legal guardian of a pupil who elects to enroll his or her child in kindergarten or first grade a written document containing a copy of that policy and a copy of the policy of the school district concerning the withdrawal of pupils from kindergarten or first grade. Before the childs first day of attendance at a school, the parent or legal guardian shall sign a statement on a form provided by the school district acknowledging that he or she has read and understands the policy concerning attendance and the policy concerning withdrawal of pupils from kindergarten or first grade.
κ2023 Statutes of Nevada, Page 1085 (CHAPTER 182, AB 65)κ
district acknowledging that he or she has read and understands the policy concerning attendance and the policy concerning withdrawal of pupils from kindergarten or first grade. The parent or legal guardian shall comply with the applicable requirements for attendance. This requirement for attendance does not apply to any child under the age of 7 years who has not yet been enrolled or has been formally withdrawn from enrollment in public school.
6. A child who is 7 years of age on or before [the first day of] August 1 of the school year, or if August 1 does not occur during a school year, on or before August 1 preceding [a] the school year must:
(a) If the child has completed kindergarten and the first grade, be admitted to the second grade.
(b) If the child has completed kindergarten, be admitted to the first grade.
(c) If the parents, custodial parent, guardian or other person in the State of Nevada having control or charge of the child waived the childs attendance from kindergarten pursuant to subsection 4, undergo an assessment by the district pursuant to subsection 7 to determine whether the child is prepared developmentally to be admitted to the first grade. If the district determines that the child is prepared developmentally, the child must be admitted to the first grade. If the district determines that the child is not so prepared, he or she must be admitted to kindergarten.
Κ The enrollment of any child pursuant to this subsection must be counted for apportionment purposes.
7. Each school district shall prepare and administer before the beginning of each school year a developmental screening test to a child:
(a) Who is 7 years of age on or before [the first day] August 1 of the [next] school year, or if August 1 does not occur during a school year, on or before August 1 preceding the school year; and
(b) Whose parents waived the childs attendance from kindergarten pursuant to subsection 4,
Κ to determine whether the child is prepared developmentally to be admitted to the first grade. The results of the test must be made available to the parents, custodial parent, guardian or other person within the State of Nevada having control or charge of the child.
8. Except as otherwise provided in subsection 9, a child who becomes a resident of this State after completing kindergarten or beginning first grade in another state in accordance with the laws of that state may be admitted to the grade the child was attending or would be attending had he or she remained a resident of the other state regardless of his or her age, unless the board of trustees of the school district determines that the requirements of this section are being deliberately circumvented.
9. Pursuant to the provisions of NRS 388F.010, a child who transfers to a school in this State from a school outside this State because of the military transfer of the parent or legal guardian of the child must be admitted to:
(a) The grade, other than kindergarten, the child was attending or would be attending had he or she remained a resident of the other state, regardless of the childs age.
(b) Kindergarten, if the child was enrolled in kindergarten in another state in accordance with the laws of that state, regardless of the childs age.
10. As used in this section, kindergarten includes:
(a) A kindergarten established by the board of trustees of a school district pursuant to NRS 388.060;
κ2023 Statutes of Nevada, Page 1086 (CHAPTER 182, AB 65)κ
(b) A kindergarten established by the governing body of a charter school; and
(c) An authorized program of instruction for kindergarten offered in a childs home pursuant to NRS 388.060.
Sec. 12.3. NRS 392.040 is hereby amended to read as follows:
392.040 1. Except as otherwise provided by law, each parent, custodial parent, guardian or other person in the State of Nevada having control or charge of any child between the ages of [7] 6 and 18 years shall send the child to a public school during all the time the public school is in session in the school district in which the child resides unless the child has graduated from high school.
2. A child who is 5 years of age on or before August 1 of the school year, or if August 1 does not occur during the school year, on or before August 1 preceding the school year, may be admitted to kindergarten at the beginning of that school year, and the childs enrollment must be counted for purposes of apportionment. If a child is not 5 years of age on or before August 1 of the school year, or if August 1 does not occur during the school year, on or before August 1 preceding the school year, the child must not be admitted to kindergarten.
3. Except as otherwise provided in subsection 4, a child who is 6 years of age on or before August 1 of the school year, or if August 1 does not occur during the school year, on or before August 1 preceding the school year must:
(a) If the child has not completed kindergarten, be admitted to kindergarten at the beginning of that school year; or
(b) If the child has completed kindergarten, be admitted to the first grade at the beginning of that school year,
Κ and the childs enrollment must be counted for purposes of apportionment. If a child is not 6 years of age on or before August 1 of the school year, or if August 1 does not occur during the school year, on or before August 1 preceding the school year, the child must not be admitted to the first grade until the beginning of the school year following the childs sixth birthday.
4. The parents, custodial parent, guardian or other person within the State of Nevada having control or charge of a child who is [6] 5 years of age on or before August 1 of the school year, or if August 1 does not occur during the school year, on or before August 1 preceding the school year may elect for the child not to attend kindergarten [or the first grade] during that year. The parents, custodial parent, guardian or other person who makes such an election shall file with the board of trustees of the appropriate school district a waiver in a form prescribed by the board.
5. Whenever a child who is 6 years of age is enrolled in a public school, each parent, custodial parent, guardian or other person in the State of Nevada having control or charge of the child shall send the child to the public school during all the time the school is in session. If the board of trustees of a school district has adopted a policy prescribing a minimum number of days of attendance for pupils enrolled in kindergarten or first grade pursuant to NRS 392.122, the school district shall provide to each parent and legal guardian of a pupil who elects to enroll his or her child in kindergarten or first grade a written document containing a copy of that policy and a copy of the policy of the school district concerning the withdrawal of pupils from kindergarten or first grade. Before the childs first day of attendance at a school, the parent or legal guardian shall sign a statement on a form provided by the school district acknowledging that he or she has read and understands the policy concerning attendance and the policy concerning withdrawal of pupils from kindergarten or first grade.
κ2023 Statutes of Nevada, Page 1087 (CHAPTER 182, AB 65)κ
district acknowledging that he or she has read and understands the policy concerning attendance and the policy concerning withdrawal of pupils from kindergarten or first grade. The parent or legal guardian shall comply with the applicable requirements for attendance. This requirement for attendance does not apply to any child under the age of [7] 6 years who has not yet been enrolled or has been formally withdrawn from enrollment in public school.
6. [A child who is 7 years of age on or before August 1 of the school year, or if August 1 does not occur during the school year, on or before August 1 preceding the school year must:
(a) If the child has completed kindergarten and the first grade, be admitted to the second grade.
(b) If the child has completed kindergarten, be admitted to the first grade.
(c) If the parents, custodial parent, guardian or other person in the State of Nevada having control or charge of the child waived the childs attendance from kindergarten pursuant to subsection 4, undergo an assessment by the district pursuant to subsection 7 to determine whether the child is prepared developmentally to be admitted to the first grade. If the district determines that the child is prepared developmentally, the child must be admitted to the first grade. If the district determines that the child is not so prepared, he or she must be admitted to kindergarten.
Κ The enrollment of any child pursuant to this subsection must be counted for apportionment purposes.
7. Each school district shall prepare and administer before the beginning of each school year a developmental screening test to a child:
(a) Who is 7 years of age on or before August 1 of the school year, or if August 1 does not occur during the school year, on or before August 1 preceding the school year; and
(b) Whose parents waived the childs attendance from kindergarten pursuant to subsection 4,
Κ to determine whether the child is prepared developmentally to be admitted to the first grade. The results of the test must be made available to the parents, custodial parent, guardian or other person within the State of Nevada having control or charge of the child.
8.] Except as otherwise provided in subsection [9,] 7, a child who becomes a resident of this State after completing kindergarten or beginning first grade in another state in accordance with the laws of that state may be admitted to the grade the child was attending or would be attending had he or she remained a resident of the other state regardless of his or her age, unless the board of trustees of the school district determines that the requirements of this section are being deliberately circumvented.
[9.] 7. Pursuant to the provisions of NRS 388F.010, a child who transfers to a school in this State from a school outside this State because of the military transfer of the parent or legal guardian of the child must be admitted to:
(a) The grade, other than kindergarten, the child was attending or would be attending had he or she remained a resident of the other state, regardless of the childs age.
(b) Kindergarten, if the child was enrolled in kindergarten in another state in accordance with the laws of that state, regardless of the childs age.
[10.] 8. As used in this section, kindergarten includes:
(a) A kindergarten established by the board of trustees of a school district pursuant to NRS 388.060;
κ2023 Statutes of Nevada, Page 1088 (CHAPTER 182, AB 65)κ
(b) A kindergarten established by the governing body of a charter school; and
(c) An authorized program of instruction for kindergarten offered in a childs home pursuant to NRS 388.060.
Sec. 12.5. NRS 392.160 is hereby amended to read as follows:
392.160 1. Any peace officer, the attendance officer or any other school officer shall, during school hours, take into custody without warrant:
(a) Any child between the ages of [7] 6 and 18 years; and
(b) Any child who has arrived at the age of [6] 5 years but not at the age of [7] 6 years and is enrolled in a public school,
Κ who has been reported to the officer by the teacher, superintendent of schools or other school officer as an absentee from instruction upon which the child is lawfully required to attend.
2. Except as otherwise provided in subsection 3:
(a) During school hours, the officer having custody shall forthwith deliver the child to the superintendent of schools, principal or other school officer at the childs school of attendance.
(b) After school hours, the officer having custody shall deliver the child to the parent, guardian or other person having control or charge of the child.
3. The board of trustees of a school district or the governing body of a charter school may enter into an agreement with a counseling agency to permit delivery of the child to the agency. For the purposes of this subsection, counseling agency means an agency designated by the school district in which the child is enrolled to provide counseling for the child and the parent, guardian or other person having control or charge of the child.
Secs. 13-15. (Deleted by amendment.)
Sec. 15.3. NRS 422A.333 is hereby amended to read as follows:
422A.333 1. A recipient who has control or charge of a child who is not less than [7] 6 years of age, but is less than 12 years of age, must comply with the provisions of NRS 392.040 with respect to that child.
2. If the head of a household that is receiving benefits pursuant to the program to provide Temporary Assistance for Needy Families has control or charge of a child who is not less than [7] 6 years of age, but is less than 12 years of age, the head of the household shall take every reasonable action to ensure that the child is not at risk of failing to advance to the next grade level in school.
3. If the head of a household that is receiving benefits pursuant to the program to provide Temporary Assistance for Needy Families has control or charge of a child who is not less than [7] 6 years of age, but is less than 12 years of age and:
(a) The head of the household does not comply with the provisions of NRS 392.040 with respect to that child; or
(b) That child is at risk of failing to advance to the next grade level in school,
Κ the Division shall require the head of the household to review with the Division the personal responsibility plan signed by the head of household pursuant to NRS 422A.535 and revise the plan as necessary to assist the head of the household in complying with the provisions of NRS 392.040 and helping the child to improve his or her academic performance.
Sec. 15.5. A child who is 6 years of age or older on or before August 1, 2024, and enrolls in public school for the first time must:
1. If the child has not completed kindergarten, be admitted to kindergarten at the beginning of the 2024-2025 school year; or
κ2023 Statutes of Nevada, Page 1089 (CHAPTER 182, AB 65)κ
2. If the child has completed kindergarten, be admitted to the first grade at the beginning of the 2024-2025 school year.
Sec. 15.7. Notwithstanding the provisions of NRS 392.040, as amended by sections 12 and 12.3 of this act:
1. A child who is enrolled in a prekindergarten program during the 2022-2023 school year may be admitted to kindergarten at the beginning of the 2023-2024 school year if the child is 5 years of age on or before the first day of the school year.
2. A pupil who is enrolled in and successfully completes kindergarten or first grade in a public school during the 2022-2023 or 2023-2024 school years may be promoted to the next grade level regardless of his or her age during the 2023-2024 and 2024-2025 school years, as applicable.
Sec. 16. 1. This section and sections 1 to 12, inclusive, 13, 14, 15 and 15.7 of this act becomes effective on July 1, 2023.
2. Sections 12.3, 12.5, 15.3 and 15.5 of this act become effective on July 1, 2024.
________
Assembly Bill No. 70Committee on Natural Resources
CHAPTER 183
[Approved: June 2, 2023]
AN ACT relating to wildlife; revising provisions relating to the authorized uses of certain fees for processing each application for a game tag; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that in addition to any fee charged and collected for a game tag, a fee of $3 must be charged for processing each application for a game tag, the revenue from which must be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund and used by the Department of Wildlife for costs related to certain programs and activities, including, without limitation, wildlife management activities relating to the protection of nonpredatory game animals and sensitive wildlife species and conducting research relating to managing and controlling predatory wildlife. (NRS 502.253) This bill revises the wildlife management activities for which the Department may use the proceeds of such fees to provide that the Department, at the direction of the applicant, may instead use the proceeds of such fees only for: (1) developing and implementing an annual program for the lethal removal of predatory wildlife; or (2) developing and implementing an annual program for the improvement of wildlife habitat and research or management activities beneficial to nonpredatory game species.
Existing law also requires that the Department expend on any program developed for the management and control of predatory wildlife not less than 80 percent of the total money collected from the $3 application processing fee in the most recent fiscal year for which the Department has information. (NRS 502.253) This bill removes the minimum 80 percent expenditure requirement for programs developed for the management and control of predatory wildlife.
κ2023 Statutes of Nevada, Page 1090 (CHAPTER 183, AB 70)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 502.253 is hereby amended to read as follows:
502.253 1. In addition to any fee charged and collected pursuant to NRS 502.250, a fee of $3 must be charged for processing each application for a game tag, the revenue from which must be accounted for separately, deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund and used by the Department , at the direction of the applicant, for costs related to:
(a) Developing and implementing an annual program for the [management and control] lethal removal of predatory wildlife; or
(b) [Wildlife management activities relating to the protection of nonpredatory game animals and sensitive wildlife species; and
(c) Conducting research necessary to determine successful techniques for managing and controlling predatory wildlife.] Developing and implementing an annual program for the improvement of wildlife habitat and research or management activities beneficial to nonpredatory game species.
2. The Department of Wildlife is hereby authorized to expend a portion of the money collected pursuant to subsection 1 to enable the State Department of Agriculture to develop and carry out the programs described in subsection 1.
3. Any program developed or wildlife management activity or research conducted pursuant to this section must be developed or conducted under the guidance of the Commission in accordance with the provisions of subsection 4 and the policies adopted by the Commission pursuant to NRS 501.181.
4. The Department [:
(a) In] , in adopting any program for the [management and control] lethal removal of predatory wildlife developed pursuant to this section, shall first consider the recommendations of the Commission and the State Predatory Animal and Rodent Committee created by NRS 567.020.
[(b) Shall not adopt any program for the management and control of predatory wildlife developed pursuant to this section that provides for the expenditure of less than 80 percent of the amount of money collected pursuant to subsection 1 in the most recent fiscal year for which the Department has complete information for the purposes of lethal management and control of predatory wildlife.]
5. The money in the Wildlife Account credited pursuant to this section remains in the Account and does not revert to the State General Fund at the end of any fiscal year.
Sec. 2. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 1091κ
Assembly Bill No. 121Assemblywomen Considine, Anderson, Bilbray-Axelrod, Gonzαlez and Summers-Armstrong
Joint Sponsor: Senator Nguyen
CHAPTER 184
[Approved: June 2, 2023]
AN ACT relating to incarcerated persons; requiring institutions and facilities of the Department of Corrections to provide incarcerated persons with original, physical copies of mail under certain circumstances; authorizing the Director of the Department to adopt regulations exempting the Department from the requirement to provide incarcerated persons with original, physical copies of mail under certain circumstances; requiring such institutions and facilities and city or county jails and detention facilities to provide notification to certain persons of a critical medical condition of an incarcerated person; requiring such institutions, facilities and jails to provide an opportunity for an incarcerated person to call a friend, relative or other person to provide notification of a critical medical condition of the incarcerated person under certain circumstances; requiring such institutions, facilities and jails to ensure the timely filling of prescriptions; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Director of the Department of Corrections to establish regulations with the approval of the Board of State Prison Commissioners, including regulations relating to the custody, care, training, health and safety of offenders. (NRS 209.131) Section 2 of this bill requires the Department to provide to an offender the original, physical copy of any physical mail addressed to the offender that the offender is entitled and allowed to receive. Section 2 authorizes the Director, with the approval of the Board, to adopt regulations exempting the Department from this requirement if the Department conducts a study and determines, using evidence-based methods, that complying with the requirement presents a danger to the health and safety of the staff or offenders in institutions or facilities of the Department. Section 2 also provides that any such regulations must be adopted in accordance with the provisions of the Nevada Administrative Procedure Act. (Chapter 233B of NRS) If the Director adopts regulations exempting the Department from the requirement to provide offenders with original, physical copies of mail, section 2 requires the Director to submit the study and any evidence or data that supports the determination of the Department to: (1) the Legislative Counsel when the adopted regulation is submitted; and (2) the Director of the Legislative Counsel Bureau after the regulation is adopted for transmittal to the Joint Interim Standing Committee on the Judiciary.
Section 3 of this bill requires the Department to ensure that an offender completes a medical release of information form at the time of intake and has the ability to update the completed form as necessary. If an offender in the custody of the Department is hospitalized for or diagnosed with a critical medical condition which requires the offender to stay in a medical facility overnight, section 3 requires the Department, within 24 hours after such hospitalization or diagnosis, to attempt to inform all persons authorized by the current medical release of information form about the health status of the offender.
κ2023 Statutes of Nevada, Page 1092 (CHAPTER 184, AB 121)κ
about the health status of the offender. If an offender in the custody of the Department is hospitalized for or diagnosed with a critical medical condition which does not require the offender to stay in a medical facility overnight, section 3 requires the Department, within 4 hours after the return of the offender to the institution or facility at which the offender is incarcerated, to provide the offender with the opportunity to make a telephone call to a friend, relative or other person to inform the person about the health status of the offender.
Section 4 of this bill requires the Department to ensure that if an offender requires prescription medication, the prescription will be filled in a timely manner.
Sections 7 and 8 of this bill impose upon county and city jails and detention facilities requirements similar to those contained in sections 3 and 4.
Section 9 of this bill requires the Department to revise its regulations to conform with the provisions of sections 2-4.
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 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. Except as otherwise provided in subsection 2, an institution or facility shall provide an offender with the original, physical copy of any mail addressed to the offender that the offender is entitled and allowed to receive.
2. The Director may, with the approval of the Board, adopt regulations exempting the Department from the requirements prescribed by subsection 1 if the Department conducts a study and determines, using evidence-based methods, that complying with the requirements prescribed by subsection 1 presents a danger to the health and safety of the staff or offenders in institutions or facilities. Any regulations adopted pursuant to this subsection must be adopted in accordance with the provisions of chapter 233B of NRS.
3. Any regulation adopted pursuant to subsection 2 which is submitted to the Legislative Counsel pursuant to NRS 233B.067 must be accompanied by the study and any evidence or data that supports the determination of the Department that complying with the requirements prescribed by subsection 1 presents a danger to the health and safety of the staff or offenders in institutions or facilities.
4. As soon as reasonably practicable after adopting a regulation pursuant to subsection 2, the Director shall submit the study and any evidence or data that supports the determination of the Department that complying with the requirements prescribed by subsection 1 presents a danger to the health and safety of the staff or offenders in institutions or facilities to the Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on the Judiciary.
5. As used in this section, original, physical copy means a letter, card or other document received by the institution or facility from the United States Postal Service or other delivery service. The term does not include mail that is scanned, photocopied or otherwise duplicated by the institution or facility or any entity contracted by the institution or facility to provide such a service.
κ2023 Statutes of Nevada, Page 1093 (CHAPTER 184, AB 121)κ
Sec. 3. 1. The Department shall ensure that each offender:
(a) Completes a medical release of information form at the time of intake; and
(b) Has the ability to update a completed medical release of information form as necessary.
2. If an offender in the custody of the Department is hospitalized for or diagnosed with a critical medical condition which requires the offender to stay in a medical facility overnight, the Department shall, within 24 hours after such hospitalization or diagnosis, attempt to inform all persons authorized by the current medical release of information form about the health status of the offender.
3. If an offender in the custody of the Department is hospitalized for or diagnosed with a critical medical condition which does not require the offender to stay in a medical facility overnight, the Department shall, within 4 hours after the return of the offender to the institution or facility at which the offender is incarcerated, provide the offender with the opportunity to make a telephone call to a friend, relative or other person to inform the person about the health status of the offender.
4. As used in this section:
(a) Critical medical condition means a condition diagnosed by a provider of health care that:
(1) Is terminal;
(2) Requires life-sustaining medical treatment;
(3) Involves a significant risk of death; or
(4) Involves extreme physical illness, including, without limitation, an extreme physical illness resulting from a drug or alcohol overdose.
(b) Drug or alcohol overdose has the meaning ascribed to it in NRS 453C.150.
(c) Medical facility has the meaning ascribed to it in NRS 449.0151.
Sec. 4. If an offender in the custody of the Department requires prescription medication for any physical or mental illness, the Department shall ensure that:
1. If the prescription is new, the prescription is transmitted to a licensed pharmacy and filled as soon as possible; or
2. If the prescription is a refill, the prescription is refilled on or before the date on which the current supply of the prescription medication is exhausted.
Sec. 5. Chapter 211 of NRS is hereby amended by adding thereto the provisions set forth as sections 6, 7 and 8 of this act.
Sec. 6. (Deleted by amendment.)
Sec. 7. 1. Each county or city jail or detention facility shall ensure that each prisoner:
(a) Completes a medical release of information form at the time of intake; and
(b) Has the ability to update a completed medical release of information form as necessary.
2. If a prisoner in the custody of a jail or detention facility is hospitalized for or diagnosed with a critical medical condition which requires the prisoner to stay in a medical facility overnight, the jail or detention facility shall, within 24 hours after such hospitalization or diagnosis, attempt to inform all persons listed on the current medical release of information form about the health status of the prisoner.
κ2023 Statutes of Nevada, Page 1094 (CHAPTER 184, AB 121)κ
detention facility shall, within 24 hours after such hospitalization or diagnosis, attempt to inform all persons listed on the current medical release of information form about the health status of the prisoner.
3. If a prisoner in the custody of a jail or detention facility is hospitalized for or diagnosed with a critical medical condition which does not require the prisoner to stay in a medical facility overnight, the jail or detention facility shall, within 4 hours after the return of the prisoner to the jail or detention facility at which the prisoner is imprisoned, provide the prisoner with the opportunity to make a telephone call to a friend, relative or other person to inform the person about the health status of the prisoner.
4. As used in this section:
(a) Critical medical condition means a condition diagnosed by a provider of health care that:
(1) Is terminal;
(2) Requires life-sustaining medical treatment;
(3) Involves a significant risk of death; or
(4) Involves extreme physical illness, including, without limitation, a drug or alcohol overdose.
(b) Drug or alcohol overdose has the meaning ascribed to it in NRS 453C.150.
(c) Medical facility has the meaning ascribed to it in NRS 449.0151.
Sec. 8. If a prisoner in the custody of a county or city jail or detention facility requires prescription medication for any physical or mental illness, the jail or detention facility shall ensure that:
1. If the prescription is new, the prescription is transmitted to a licensed pharmacy and filled as soon as possible; or
2. If the prescription is a refill, the prescription is refilled on or before the date on which the current supply of the prescription medication is exhausted.
Sec. 9. The Department of Corrections shall, as soon as practicable, amend or repeal any existing regulations that conflict or are inconsistent with the provisions of sections 2, 3 and 4 of this act.
________
κ2023 Statutes of Nevada, Page 1095κ
Assembly Bill No. 127Assemblywoman Jauregui
CHAPTER 185
[Approved: June 2, 2023]
AN ACT relating to insurance; prohibiting an insurer from treating Medicare supplemental policies differently for certain purposes relating to the payment of commissions; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing federal law establishes the Medicare program, which is a public health insurance program for persons 65 years of age and older and specified persons with disabilities who are under 65 years of age. (42 U.S.C. §§ 1395 et seq.) Existing federal regulations define the term Medicare supplemental policy to mean a policy offered by a private insurer that is primarily designed to pay expenses not reimbursed under Medicare because of certain limitations under Medicare. (42 C.F.R. § 403.205) Existing law requires an insurer offering a Medicare supplemental policy or the Public Employees Benefits Program or any local government that provides a similar policy for public employees to offer an open enrollment period for persons covered by such policies, during which the insurer or governmental entity is prohibited from placing certain restrictions on the issuance of such a policy. (NRS 287.010, 287.04335, 687B.352, 695B.320) Existing federal law requires the issuance of a Medicare supplemental policy under certain circumstances, under which such a policy is considered to be guaranteed issue. (42 U.S.C. § 1395ss) This bill prohibits an insurer or other person or entity from varying the commission associated with the purchase of Medicare supplemental policies during the open enrollment period, paying differential commissions associated with the purchase of Medicare supplemental policies during the open enrollment period or otherwise treating Medicare supplemental policies purchased during the open enrollment period differently for the purposes of commission for any reason, including: (1) because the Medicare supplemental policy is issued during the open enrollment period or classified as guaranteed issue; or (2) because of the health status, claims experience, receipt of health care or medical condition of the insured. This bill additionally requires an insurer or other person or entity to treat the purchase of a Medicare supplemental policy during the open enrollment period in the same manner as the renewal of a Medicare supplemental policy for purposes relating to the payment of a 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. NRS 687B.352 is hereby amended to read as follows:
687B.352 1. An insurer that issues a Medicare supplemental policy shall offer to a person currently insured under any such policy an annual open enrollment period commencing with the first day of the birthday month of the person and remaining open for at least 60 days thereafter, during which the person may purchase any Medicare supplemental policy made available by the insurer in this State that includes the same or lesser benefits. Innovative benefits, as described in 42 U.S.C. § 1395ss(p)(4)(B), must not be considered when determining whether a Medicare supplemental policy includes the same benefits as or lesser benefits than another such policy.
κ2023 Statutes of Nevada, Page 1096 (CHAPTER 185, AB 127)κ
2. During the open enrollment period offered pursuant to subsection 1, an insurer shall not deny or condition the issuance or effectiveness, or discriminate in the price of coverage, of a Medicare supplemental policy based on the health status, claims experience, receipt of health care or medical condition of a person described in subsection 1.
3. At least 30 days before the beginning of the open enrollment period offered pursuant to subsection 1 but not more than 60 days before the beginning of that period, an insurer that issues a Medicare supplemental policy shall notify each person to whom the open enrollment period applies of:
(a) The dates on which the open enrollment period begins and ends and the rights of the person established by the provisions of this section; and
(b) Any modification to the benefits provided by the policy under which the person is currently insured or adjustment to the premiums charged for that policy.
4. An insurer or other person or entity shall not vary the commission associated with the purchase of Medicare supplemental policies during the open enrollment period offered pursuant to subsection 1, pay differential commissions associated with the purchase of Medicare supplemental policies during that open enrollment period or otherwise treat Medicare supplemental policies purchased during that open enrollment period differently for the purposes of commission for any reason, including, without limitation:
(a) Because the Medicare supplemental policy was purchased during the open enrollment period offered pursuant to subsection 1;
(b) Because the Medicare supplemental policy is classified as guaranteed issue under 42 U.S.C. § 1395ss or any other applicable federal or state law or regulations; or
(c) Because of the health status, claims experience, receipt of health care or medical condition of the insured.
5. An insurer or other person or entity must treat the purchase of a Medicare supplemental policy during the open enrollment period offered pursuant to subsection 1 in the same manner as the renewal of a Medicare supplemental policy for all purposes relating to the payment of a commission.
6. As used in this section, Medicare supplemental policy has the meaning ascribed to it in 42 C.F.R. § 403.205 and additionally includes policies offered by public entities that otherwise meet the requirements of that section.
Sec. 2. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 1097κ
Assembly Bill No. 169Assemblywomen Gorelow, Bilbray-Axelrod, Thomas, Gonzαlez; Anderson, Brown-May, Duran, Peters and Summers-Armstrong
Joint Sponsors: Senators Cannizzaro, Dondero Loop, Krasner, Lange, Nguyen, Seevers Gansert, Spearman and Titus
CHAPTER 186
[Approved: June 2, 2023]
AN ACT relating to feminine hygiene products; defining certain terms relating to the labeling of feminine hygiene products; requiring, with certain exceptions, each package or box containing a feminine hygiene product that is manufactured on or after January 1, 2025, for sale or distribution in this State to bear a label containing a plain and conspicuous list of all ingredients in the feminine hygiene product; providing certain requirements for the revision of a list of ingredients in a feminine hygiene product; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes certain provisions relating to the labeling of certain foods, drugs, devices and cosmetics. (Chapter 585 of NRS) Section 3 of this bill: (1) requires, with certain exceptions, each package or box containing a feminine hygiene product that is manufactured on or after January 1, 2025, for sale or distribution in this State to bear a label containing a plain and conspicuous list of all ingredients in the feminine hygiene product; (2) requires the ingredients identified on such label to be listed in order of predominance by weight and identified by using standardized nomenclature or by the name established by the Center for Baby and Adult Hygiene Products, unless the ingredient is confidential business information; (3) if the ingredient is confidential business information, authorizes the ingredient to be identified by its common name; and (4) requires, if a manufacturer has an Internet website, the manufacturer to post the list of ingredients on the Internet website of the manufacturer. Section 3.5 of this bill requires, with certain exceptions, a manufacturer to revise the list of ingredients on the label of a feminine hygiene product not later than: (1) for a label on a package or box containing a feminine hygiene product, 18 months after the change to an ingredient, the addition of an ingredient or the revision of a designated list; and (2) for a list of ingredients posted on the Internet website of the manufacturer, 6 months after the change to an ingredient, the addition of an ingredient or the revision of a designated list. Sections 1.3-2.9 of this bill define certain terms related to the labeling of feminine hygiene products.
Existing law provides that a violation of any provision of chapter 585 of NRS relating to the labeling of certain foods, drugs, devices and cosmetics is a gross misdemeanor, except for certain violations of the chapter that are punishable as a category D felony. (NRS 585.550) A violation of section 3 or 3.5 is also a gross misdemeanor.
κ2023 Statutes of Nevada, Page 1098 (CHAPTER 186, AB 169)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 585 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.1 to 3.5, inclusive, of this act.
Sec. 1.1. As used in sections 1.1 to 3.5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 1.3 to 2.9, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 1.3. 1. Confidential business information means an intentionally added ingredient or combination of ingredients for which:
(a) A claim has been approved by the Administrator of the United States Environmental Protection Agency for inclusion on the Toxic Substances Control Act confidential Chemical Substance Inventory pursuant to 15 U.S.C. § 2607(b); or
(b) The manufacturer or supplier claims is a trade secret, as that term is defined in NRS 600A.030.
2. The term does not include:
(a) An intentionally added ingredient or combination of ingredients that is on a designated list; or
(b) A fragrance allergen included on Annex III of the European Union Cosmetics Regulation No. 1223/2009, as that regulation existed on January 20, 2023, if the fragrance allergen is present in a feminine hygiene product at a concentration at or above 0.001 percent or 10 parts per million.
Sec. 1.5. Designated list means any of the following, in the form most recently published:
1. Chemicals for which a reference dose or reference concentration has been developed based on neurotoxicity in the Integrated Risk Information System maintained by the United States Environmental Protection Agency.
2. Chemicals identified as carcinogenic to humans, likely to be carcinogenic to humans, or as Group A, B1 or B2 carcinogens in the Integrated Risk Information System maintained by the United States Environmental Protection Agency.
3. Neurotoxicants that are identified in the Toxic Substances Portal of the Agency for Toxic Substances and Disease Registry of the United States Department of Health and Human Services.
4. Persistent bioaccumulative and toxic priority chemicals that are identified in the United States Environmental Protection Agencys National Waste Minimization Program.
5. Reproductive or developmental toxicants identified in monographs on the Potential Human Reproductive and Developmental Effects published by the National Toxicology Program.
6. Chemicals identified on the Toxics Release Inventory maintained by the United States Environmental Protection Agency as persistent, bioaccumulative and toxic that are subject to the reporting requirements pursuant to section 313 of the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. §§ 11001 et seq.
κ2023 Statutes of Nevada, Page 1099 (CHAPTER 186, AB 169)κ
7. Chemicals that are identified as known to be, or reasonably anticipated to be, human carcinogens by the 15th Report on Carcinogens published by the National Toxicology Program.
8. Chemicals that are identified as priority pollutants in the Nevada water quality control plans pursuant to 33 U.S.C. § 1341 or identified as pollutants by this State or the United States Environmental Protection Agency for one or more bodies of water in this State pursuant to 33 U.S.C. § 1341 and 40 C.F.R. § 130.7.
Sec. 2. Feminine hygiene product means any product used for the purpose of catching menstruation and vaginal discharge, including, without limitation, tampons, pads and menstrual cups, whether disposable or reusable.
Sec. 2.1. Fragrance ingredient means an intentionally added substance or complex mixture of aroma chemicals, natural essential oils and other functional ingredients present in a feminine hygiene product for which the sole purpose is to impart an odor or scent, or to counteract an odor, and is:
1. Present in a feminine hygiene product at a concentration at or above 0.01 percent or 100 parts per million based on the total amount of the substance as a percentage of the total weight of the feminine hygiene product;
2. Included on a designated list; or
3. A fragrance allergen included on Annex III of the European Union Cosmetics Regulation No. 1223/2009, as that regulation existed on January 20, 2023, if the fragrance allergen is present in the feminine hygiene product at a concentration at or above 0.001 percent or 10 parts per million based on the total amount of the fragrance allergen as a percentage of the total weight of the feminine hygiene product.
Sec. 2.3. Ingredient means a fragrance ingredient or other intentionally added substance or combination of substances in a feminine hygiene product, unless the intentionally added substance or combination of substances is confidential business information.
Sec. 2.6. Intentionally added means a substance that serves a technical or functional purpose in the finished feminine hygiene product.
Sec. 2.9. Manufacturer means a person or entity:
1. That manufacturers feminine hygiene products and whose name appears on the product label; or
2. For whom the product is manufactured or distributed, as identified on the product label pursuant to the Fair Packaging and Labeling Act, 15 U.S.C. §§ 1451 et seq.
Sec. 3. 1. Except as otherwise provided in this subsection, each package or box containing a feminine hygiene product that is manufactured on or after January 1, 2025, for sale or distribution in this State must bear a label containing a plain and conspicuous list of all ingredients in the feminine hygiene product. Reasonable variations shall be permitted, and exemptions as to a small package shall be established by regulations prescribed by the Commissioner.
κ2023 Statutes of Nevada, Page 1100 (CHAPTER 186, AB 169)κ
2. On the list of ingredients required pursuant to subsection 1, the ingredients must be:
(a) Listed in order of predominance by weight unless the weight of the ingredient is 1 percent or less. If the weight of an ingredient is less than 1 percent, the ingredient may be listed in any order following the other ingredients.
(b) Except as otherwise provided in this section, identified using standardized nomenclature, including, without limitation, the International Nomenclature of Cosmetic Ingredients, the Consumer Product Ingredients Dictionary published by the Household and Commercial Products Association or the common name of the chemical. If the ingredient does not have a standardized nomenclature, the ingredient must be identified using the name established by the Center for Baby and Adult Hygiene Products.
3. If an ingredient is confidential business information, the ingredient may be identified on the list of ingredients required pursuant to subsection 1 by its common name.
4. If a manufacturer has an Internet website, the list of ingredients that is required pursuant to subsection 1 must be posted on the Internet website of the manufacturer.
5. Nothing in this section prohibits a manufacturer from using technology, including, without limitation, a link to an Internet website, to communicate the information required by this section.
Sec. 3.5. A manufacturer must revise the list of ingredients on the label of a feminine hygiene product pursuant to section 3 of this act not later than:
1. For the label on a package or box containing a feminine hygiene product, 18 months after the change to an ingredient, the addition of an ingredient or the revision of a designated list, unless the designated list becomes effective at a later date.
2. For a list of ingredients posted on the Internet website of the manufacturer, 6 months after the change to an ingredient, the addition of an ingredient or the revision of a designated list, unless the designated list becomes effective at a later date.
Sec. 4. (Deleted by amendment.)
Sec. 5. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 4, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2024, for all other purposes.
________
κ2023 Statutes of Nevada, Page 1101κ
Assembly Bill No. 175Assemblymen Yurek and Bilbray-Axelrod
CHAPTER 187
[Approved: June 2, 2023]
AN ACT relating to education; revising provisions governing the election and appointment of members of the board of trustees of certain school districts; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the members of the board of trustees of a county school district in which more than 75,000 pupils are enrolled (currently Clark County School District) are elected from seven election districts, established by the board of trustees, that are as nearly equal in population as possible and are composed of contiguous territory. (NRS 386.165) Section 1.5 of this bill adds four nonvoting members to the board of trustees of such a county school district, of whom: (1) one nonvoting member must be appointed by the board of county commissioners of the county in which the school district is located who must also reside in the school district; and (2) three nonvoting members must be appointed by the governing bodies of the three most populous incorporated cities in the county in which the school district is located, with each governing body appointing one member who must reside in the city of the governing body that appoints him or her.
Section 1.5 also provides that the nonvoting members of the board of trustees: (1) have, with certain exceptions, the same rights and responsibilities as the voting members; and (2) do not have voting rights for the election of officers or the authority to serve as an officer of the board of trustees. Section 1.5 further provides that each trustee holds office until his or her successor is appointed or elected and qualified. Section 7.5 of this bill makes a conforming change to require officers of the board of trustees to be elected, voting members of the board of trustees.
Section 1 of this bill makes a conforming change to provide that a board of trustees of a county school district in which more than 75,000 pupils are enrolled consists of 11 members.
Sections 2-4 of this bill make conforming changes that clarify that certain requirements for a candidate for the board of trustees of a school district only apply to candidates who are elected and not appointed.
Section 5 of this bill makes a conforming change that requires vacancies among the elected members of a board of trustees of a school district to be filled by appointment by the remaining elected members at a public meeting of the board of trustees. Section 5 additionally requires that vacancies that occur among the appointed members of a board of trustees of a school district must be filled by the appointing authority. Section 6 of this bill makes a conforming change by allowing for the governing body, and not exclusively the board of trustees, to appoint a member to a temporary vacancy in the event a vacancy occurs due to a member entering active military service.
Section 7 of this bill makes a conforming change by deleting certain provisions governing the term of office of a member of a board of trustees of a school district which have been moved to section 1.5.
Under existing law, a majority of the members of the board of trustees constitutes a quorum and no action of the board of trustees is valid unless the action receives the approval of a majority of all the members of the board of trustees at a regularly called meeting. (NRS 386.330) Section 8.5 of this bill provides that a majority of the elected members of the board of trustees constitutes a quorum and that no action of the board of trustees is valid unless the action receives the approval of a majority of all the elected members of the board of trustees at a regularly called meeting.
κ2023 Statutes of Nevada, Page 1102 (CHAPTER 187, AB 175)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 386.120 is hereby amended to read as follows:
386.120 1. The board of trustees of a county school district consists of [five] 5, 7 or [seven] 11 members as follows:
(a) If more than 75,000 pupils were enrolled during the school year next preceding any general election, the board of trustees consists of 11 members. The members of the board must be elected and appointed as provided in NRS 386.165.
(b) If 1,000 or more but not more than 75,000 pupils were enrolled during the school year next preceding any general election, the board of trustees consists of seven members. Except in school districts in which more than 25,000 pupils are enrolled, the members of the board must be elected at large until such time as an alternate manner of election is adopted pursuant to NRS 386.200 or NRS 386.205, 386.215 and 386.225.
[(b)] (c) If fewer than 1,000 pupils were enrolled during the school year next preceding any general election, the board of trustees consists of five members. The members of the board must be elected as provided in NRS 386.160 until such time as an alternate manner of election is adopted pursuant to NRS 386.200 or NRS 386.205, 386.215 and 386.225.
[(c)] (d) If 1,000 or more, but fewer than 1,500 pupils were enrolled during the school year next preceding any general election, the board of trustees consists of seven members unless the board, on or before December 1 in any year before a general election will be held, adopts a resolution specifying that the board will consist of five members. If the board consists of seven members, the election of members is governed by paragraph [(a).] (b). If the board consists of five members, the election of members is governed by paragraph [(b).] (c).
2. Before the adoption of a resolution pursuant to paragraph [(c)] (d) of subsection 1, the board of trustees shall post conspicuously, in three different places in the school district, a notice containing in full the text of the resolution with the date upon which the board of trustees of the school district is to meet to act upon the resolution. Posting of the notice must be made not less than 10 days before the date fixed in the resolution for action thereon.
3. If a board of trustees adopts a resolution pursuant to paragraph [(c)] (d) of subsection 1, it must transmit a copy of the resolution to the Superintendent of Public Instruction on or before December 15 of the year before the general election will be held.
Sec. 1.5. NRS 386.165 is hereby amended to read as follows:
386.165 1. In each county school district in which more than 75,000 pupils are enrolled, the board of trustees shall establish seven election districts for school trustees. The districts must be:
(a) As nearly equal in population as practicable; and
(b) Composed of contiguous territory.
2. The board of trustees in each county school district in which more than 75,000 pupils are enrolled is composed of 11 members, of whom:
(a) Seven voting members must be elected in election districts established pursuant to subsection 1 by the board of trustees.
κ2023 Statutes of Nevada, Page 1103 (CHAPTER 187, AB 175)κ
(b) One nonvoting member must be appointed by the board of county commissioners of the county in which the school district is located. The member appointed pursuant to this paragraph must reside in the county in which the school district is located.
(c) Three nonvoting members must be appointed by the governing bodies of the three most populous incorporated cities in the county in which the school district is located, with each governing body appointing one member. Each member appointed pursuant to this paragraph must reside in the city in which the governing body is required to make the appointment.
[2.] 3. In each county school district in which more than 25,000 pupils but not more than 75,000 pupils are enrolled, the board of trustees shall establish seven election districts for school trustees, as follows:
(a) Five districts which are as nearly equal in population as practicable, each of which includes approximately one-fifth of the population of the county; and
(b) Two districts which are as nearly equal in population as practicable, each of which includes approximately one-half of the population of the county.
Κ The districts must be composed of contiguous territory.
[3.] 4. Each elected trustee of a school district to which this section applies must reside in the election district which the trustee represents and be elected by the voters of that election district.
[4.] 5. In each school district in which more than 25,000 pupils but not more than 75,000 pupils are enrolled, the board of trustees is composed of seven members who must be elected in an election district established pursuant to subsection 3 by the board of trustees.
6. The appointing authority shall make an appointment pursuant to subsection 2 at least 30 days but not more than 90 days before the expiration of the term of office of the incumbent member.
7. The term of office of a school trustee is 4 years [. Three trustees must be elected at the general election of 1982 and four trustees must be elected at the general election of 1984.] , commencing on the first Monday of January thereafter next following the election of the trustee.
8. Each trustee shall hold office until his or her successor is appointed or elected and qualified.
9. The nonvoting members of the board of trustees appointed pursuant to subsection 2:
(a) Except as otherwise provided in paragraph (b), shall have the same rights and responsibilities as voting members of the board of trustees, including, without limitation, being involved in any briefings, interviews, evaluations, closed-door sessions and policy and operational discussions;
(b) Do not have voting rights for the election of officers or the authority to serve as an officer of the board of trustees.
Sec. 2. NRS 386.240 is hereby amended to read as follows:
386.240 A candidate for election to the office of trustee of a school district shall:
1. Be a qualified elector.
2. Have the qualifications of residence within the county school district required for the office for which he or she seeks election.
Sec. 3. NRS 386.250 is hereby amended to read as follows:
386.250 A candidate for election to the office of trustee of a county school district must:
κ2023 Statutes of Nevada, Page 1104 (CHAPTER 187, AB 175)κ
1. Be nominated in the manner provided by the primary election laws of this State; and
2. File a declaration of candidacy, as defined in NRS 293.0455, with the county clerk of the county whose boundaries are conterminous with the boundaries of the county school district.
Sec. 4. NRS 386.260 is hereby amended to read as follows:
386.260 1. Trustees [shall] who are required to be elected pursuant to NRS 386.165 must be elected as provided in the election laws of this state.
2. After the close of any election, and in accordance with law, the board of county commissioners shall make abstracts of the votes cast for trustees and shall order the county clerk to issue election certificates to the candidates elected.
3. Immediately, the county clerk shall transmit a copy of each election certificate to the Superintendent of Public Instruction.
Sec. 5. NRS 386.270 is hereby amended to read as follows:
386.270 Except as otherwise provided in NRS 386.275:
1. Any vacancy occurring [in] among the elected members of a board of trustees must be filled by appointment by the remaining elected members of the board at a public meeting held after notice of the meeting is published at least once each week for 2 weeks in a newspaper qualified pursuant to the provisions of chapter 238 of NRS. The appointee shall serve until the next general election, at which time his or her successor must be elected for the balance of the unexpired term.
2. Any vacancy occurring among the appointed members of a board of trustees must be filled by the appointing authority. The appointee serves for the balance of the unexpired term and may be reappointed.
3. Any person appointed to fill a vacancy must have the qualifications provided in NRS 386.165 or 386.240 [.] , as applicable.
Sec. 6. NRS 386.275 is hereby amended to read as follows:
386.275 1. If a vacancy occurs, or will occur, in a board of trustees because a member of the board has entered, or is entering, into active military service, [the board of trustees may appoint] a person may be appointed to serve as a temporary replacement for that member. Such a temporary appointment must be made in the manner, and subject to the requirements, otherwise prescribed in NRS 386.270, except that the member of the board of trustees who has entered, or is entering, into active military service may participate in the process to appoint his or her temporary replacement.
2. If a person is temporarily appointed to serve on a board of trustees pursuant to this section:
(a) The person fully assumes the duties, rights and responsibilities of a member of the board of trustees, and is entitled to the compensation, allowances and expenses otherwise payable to a member, for the duration of his or her appointment.
(b) The member of a board of trustees who is temporarily replaced shall be deemed to be on leave without pay from the board of trustees for the duration of the appointment of his or her temporary replacement.
3. A person appointed to serve on the board of trustees pursuant to this section serves:
(a) Until the member of the board of trustees being temporarily replaced returns from active military service; or
(b) For the remainder of the unexpired term of that member,
Κ whichever occurs first.
κ2023 Statutes of Nevada, Page 1105 (CHAPTER 187, AB 175)κ
Sec. 7. NRS 386.300 is hereby amended to read as follows:
386.300 Each trustee shall:
1. [Enter upon the duties of office on the 1st Monday in January next following the election of the trustee.
2. Hold office until his or her successor is elected and qualified.
3.] Take and subscribe to the official oath.
[4.] 2. File with the Superintendent of Public Instruction a copy of his or her official oath together with a statement showing the term for which the trustee has been elected or appointed.
Sec. 7.5. NRS 386.310 is hereby amended to read as follows:
386.310 1. The board of trustees shall meet and organize by:
(a) Electing one of its elected members as president.
(b) Electing one of its elected members as clerk, or by selecting some other qualified person as clerk.
(c) Electing additional officers from its elected members as may be deemed necessary.
(d) Fixing the term of office for each of its officers.
2. A record of the organization of the board of trustees must be entered in the minutes, together with the amount of salary to be paid to the clerk.
3. Immediately after the organization of the board of trustees, the clerk shall file the names of the president, the clerk and the members of the board of trustees with the Department and the county auditor of the county whose boundaries are conterminous with the boundaries of the county school district.
Sec. 8. (Deleted by amendment.)
Sec. 8.5. NRS 386.330 is hereby amended to read as follows:
386.330 1. The board of trustees shall hold a regular meeting at least once each month, at such time and place as the board shall determine.
2. Special meetings of the board of trustees shall be held at the call of the president whenever there is sufficient business to come before the board, or upon the written request of three members of the board.
3. The clerk of the board of trustees shall give written notice of each special meeting to each member of the board of trustees by personal delivery of the notice of the special meeting to each trustee at least 1 day before the meeting, or by mailing the notice to each trustees residence of record, by deposit in the United States mails, postage prepaid, at least 4 days before the meeting. The notice shall specify the time, place and purpose of the meeting. If all of the members of the board of trustees are present at a special meeting, the lack of notice shall not invalidate the proceedings of the board of trustees.
4. A majority of the elected members of the board of trustees shall constitute a quorum for the transaction of business, and no action of the board of trustees shall be valid unless such action shall receive, at a regularly called meeting, the approval of a majority of all the elected members of the board of trustees.
5. In any county whose population is 55,000 or more, the board of trustees may cause each meeting of the board to be broadcast on a television station created to provide community access to cable television by using the facilities of the school district, county or any city located in the county. The board of trustees and the county or city shall cooperate fully with each other to determine:
κ2023 Statutes of Nevada, Page 1106 (CHAPTER 187, AB 175)κ
(a) The feasibility of televising the meetings of the board of trustees;
(b) The costs to televise the meetings of the board of trustees for each proposed method of televising; and
(c) The number of potential viewers of the meetings of the board of trustees for each proposed method of televising.
Sec. 9. This act becomes effective on July 1, 2023.
________
Assembly Bill No. 191Assemblymen DeLong; Dickman, Gallant and Gurr
CHAPTER 188
[Approved: June 2, 2023]
AN ACT relating to water; revising provisions relating to a plan of water conservation and plan for incentives relating to water conservation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires each supplier of water to: (1) adopt a plan of water conservation and update the plan every 5 years; (2) include with the plan of water conservation a water loss audit or certain water loss calculations; and (3) adopt a plan to provide certain incentives relating to water conservation. Existing law defines a supplier of water to include any public or private entity that supplies water for municipal, industrial or domestic purposes. (NRS 540.121-540.151) This bill revises the definition of supplier of water to exclude a public or private entity that has less than 15 service connections. As a result of the change to the definition of supplier of water, this bill removes the requirement for such an entity to adopt and update a plan of water conservation, conduct a water loss audit or calculate water losses or adopt a plan to provide certain incentives relating to water conservation.
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 540.121 is hereby amended to read as follows:
540.121 1. As used in NRS 540.121 to 540.151, inclusive, supplier of water includes, but is not limited to:
[1.] (a) Any county, city, town, local improvement district, general improvement district and water conservancy district;
[2.] (b) Any water district, water system, water project or water planning and advisory board created by a special act of the Legislature; and
[3.] (c) Any other public or private entity,
Κ that supplies water for municipal, industrial or domestic purposes.
2. The term does not include [a] :
(a) A public utility required to adopt a plan of water conservation pursuant to NRS 704.662 [.] ; or
(b) A public or private entity that has less than 15 service connections, as defined in NRS 445A.843.
________
κ2023 Statutes of Nevada, Page 1107κ
Senate Bill No. 418Committee on Judiciary
CHAPTER 189
[Approved: June 2, 2023]
AN ACT relating to judiciary; requiring a candidate for judicial office who is not the incumbent to complete and file a questionnaire containing certain information relating to his or her qualifications for office; authorizing a candidate for judicial office who is the incumbent to complete and file such a questionnaire; requiring the filing officer to post such a questionnaire on the internet website of the filing officer; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth certain qualifications for a person seeking to be a candidate for the office of justice of the Nevada Supreme Court, judge of the Court of Appeals, judge of a district court, justice of the peace or municipal judge. (NRS 2.020, 2A.020, 3.060, 4.010, 5.020) With certain exceptions, existing law further requires certain persons, including candidates for these judicial offices, to file a declaration of candidacy with the appropriate filing officer and pay a filing fee before his or her name may be printed on a ballot to be used at a primary election. (NRS 293.177) This bill requires a person seeking to be a candidate for judicial office who is not the incumbent to complete and file with his or her declaration of candidacy a questionnaire that is prescribed by the Nevada Supreme Court which includes, without limitation, information on: (1) the education of the candidate; and (2) the qualifications possessed by the candidate which are relevant to the judicial office for which he or she is filing a declaration of candidacy. This bill also authorizes a candidate for judicial office who is the incumbent to complete and file such a questionnaire. This bill further requires the filing officer, upon receipt of such a questionnaire, to publish the questionnaire on the Internet website of the filing officer.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 2. Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A candidate for judicial office who is not the incumbent shall complete and file with the filing officer, along with the declaration of candidacy for that office, a questionnaire prescribed by the Nevada Supreme Court. The questionnaire must include, without limitation, information on:
(a) The education of the candidate; and
(b) The qualifications possessed by the candidate which are relevant to the judicial office for which he or she is filing.
κ2023 Statutes of Nevada, Page 1108 (CHAPTER 189, SB 418)κ
2. A candidate for judicial office who is the incumbent may complete and file with the filing officer the questionnaire described in subsection 1 within the time period prescribed by NRS 293.177 for a candidate to file a declaration of candidacy.
3. Upon receipt of the questionnaire completed and filed pursuant to subsection 1 or 2, the filing officer shall post the questionnaire on the Internet website of the filing officer.
Sec. 3. Chapter 293C of NRS is hereby amended by adding thereto a new section to read as follows:
1. A candidate for the office of municipal judge who is not the incumbent shall complete and file with the city clerk, along with the declaration of candidacy for that office, a questionnaire prescribed by the Nevada Supreme Court. The questionnaire must include, without limitation, information on:
(a) The education of the candidate; and
(b) The qualifications possessed by the candidate which are relevant to the office of municipal judge.
2. A candidate for the office of municipal judge who is the incumbent may complete and file with the city clerk the questionnaire described in subsection 1 within the time period prescribed by NRS 293C.175 for a candidate for the office of municipal judge to file a declaration of candidacy.
3. Upon receipt of the questionnaire completed and filed pursuant to subsection 1 or 2, the city clerk shall post the questionnaire on the Internet website of the city clerk.
Sec. 4. 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 1109κ
Assembly Bill No. 356Assemblymen Dickman, La Rue Hatch, Anderson, Hansen, Kasama; Carter, DSilva, Duran, Gallant, Gray, Gurr, Hafen, Hardy, Koenig, McArthur, Mosca, ONeill, Taylor, Watts, Yeager and Yurek
Joint Sponsors: Senators Seevers Gansert, Goicoechea, Titus, Hansen; Flores and Neal
CHAPTER 190
[Approved: June 3, 2023]
AN ACT relating to mobile tracking devices; prohibiting a person from installing, concealing or otherwise placing a mobile tracking device in or on the motor vehicle of another person under certain circumstances; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The United States District Court for the District of Nevada has held that using a GPS tracking device to monitor the movements of a person implicates the tort of invasion of privacy because a person has a reasonable expectation of privacy with respect to his or her daily movements in a motor vehicle. (Ringelberg v. Vanguard Integrity Profls-Nev., Inc., No. 2:17-CV-01788-JAD-PAL (D. Nev. Dec. 3, 2018)) Existing law does not expressly prohibit a person from installing a tracking device on the motor vehicle of another person. This bill expressly provides that a person commits the crime of unlawful installation of a mobile tracking device if the person installs, conceals or otherwise places a mobile tracking device in or on the motor vehicle of another person without the knowledge and consent of an owner or lessor of the motor vehicle. This prohibition does not apply to a law enforcement agency that installs, conceals or otherwise places a mobile tracking device in or on a motor vehicle in accordance with all applicable requirements of the United States Constitution, the Nevada Constitution and the laws of this State. This bill provides that a person who commits any such offense is guilty of: (1) for the first offense, a misdemeanor; (2) for the second offense, a gross misdemeanor; or (3) for the third or any subsequent offense, a category C felony.
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 200 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, a person commits the crime of unlawful installation of a mobile tracking device if the person knowingly installs, conceals or otherwise places a mobile tracking device in or on the motor vehicle of another person without the knowledge and consent of an owner or lessor of the motor vehicle.
2. The provisions of subsection 1 do not apply to a law enforcement agency that installs, conceals or otherwise places a mobile tracking device in or on a motor vehicle in accordance with all applicable requirements of the United States Constitution, the Nevada Constitution and the laws of this State.
κ2023 Statutes of Nevada, Page 1110 (CHAPTER 190, AB 356)κ
3. A person who commits the crime of unlawful installation of a mobile tracking device is guilty of:
(a) For the first offense, a misdemeanor.
(b) For the second offense, a gross misdemeanor.
(c) For the third or any subsequent offense, a category C felony and shall be punished as provided in NRS 193.130.
4. As used in this section, mobile tracking device means any device that permits a person to track the movement or location of another person or object through the transmission of any signal, including, without limitation, a radio or electronic signal.
Sec. 2. This act becomes effective on July 1, 2023.
________
Assembly Bill No. 398Committee on Commerce and Labor
CHAPTER 191
[Approved: June 3, 2023]
AN ACT relating to insurance; prohibiting an insurer from issuing or renewing a policy of liability insurance that contains certain provisions; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the Nevada Insurance Code which governs contracts of insurance. (Title 57 of NRS) This bill prohibits an insurer from issuing or renewing a policy of liability insurance that contains a provision that: (1) reduces the limit of liability stated in the policy by the costs of defense, legal costs and fees and other expenses for claims; or (2) otherwise limits the availability of coverage for the costs of defense, legal costs and fees and other expenses for claims.
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 679A of NRS is hereby amended by adding thereto a new section to read as follows:
Notwithstanding any other provision of law, an insurer, including, without limitation, an insurer listed in NRS 679A.160, shall not issue or renew a policy of liability insurance that contains a provision that:
1. Reduces the limit of liability stated in the policy by the costs of defense, legal costs and fees and other expenses for claims; or
2. Otherwise limits the availability of coverage for the costs of defense, legal costs and fees and other expenses for claims.
Sec. 2. The provisions of this act do not apply to any contract for liability insurance existing on October 1, 2023, but apply to any renewal of such a contract.
________
κ2023 Statutes of Nevada, Page 1111κ
Senate Bill No. 109Senator Nguyen
CHAPTER 192
[Approved: June 3, 2023]
AN ACT relating to anatomical gifts; authorizing a coroner or medical examiner to release a body or part of a body that is the subject of an anatomical gift under certain circumstances; prescribing a procedure for a court to appoint a person to make an anatomical gift of part or all of a decedents body under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The Revised Uniform Anatomical Gift Act establishes the rights of donors and other persons to affirmatively make anatomical gifts of human bodies and parts for the purpose of transplantation, therapy, research or education. The Uniform Act also sets forth various requirements and procedures for making, amending, revoking and refusing to make anatomical gifts. (NRS 451.500-451.598) The Uniform Act authorizes: (1) a donor, an agent or guardian of a donor or the parent or guardian of a donor who is a minor to make an anatomical gift of the donors body while the donor is still alive; and (2) certain classes of persons to make an anatomical gift of a decedents body or part, in order of priority and subject to certain limitations. (NRS 451.556, 451.566) Section 1 of this bill authorizes a coroner or medical examiner to release and authorize the removal of part or all of a body in his or her custody for the purpose of transplantation upon the request of a procurement organization if: (1) the part or body is the subject of a valid anatomical gift; (2) the coroner or medical examiner has no evidence of the decedent having communicated a desire that his or her body or part not become anatomical gifts; (3) the procurement organization demonstrates it has made a reasonable effort to determine whether any other person in a class authorized to make an anatomical gift of the decedents body or part is reasonably available; and (4) no person in a class authorized to make an anatomical gift of the decedents body or part who is reasonably available objects to the making of an anatomical gift. Section 1 immunizes a coroner or medical examiner from civil or criminal liability for any act or omission in accordance with the provisions of section 1. Sections 2-4, 6 and 7 of this bill make conforming changes to indicate the proper placement of section 1 in the Nevada Revised Statutes.
If no other person authorized to make an anatomical gift of a decedents body or part for the purpose of transplantation, therapy, research or education is reasonably available, the Uniform Act authorizes any other person having the authority to dispose of the decedents body to make an anatomical gift. (NRS 451.566) Section 5 of this bill removes this provision and instead authorizes a procurement organization to petition a district court to appoint a person to make an anatomical gift of a decedents body or part if no other person authorized to make such an anatomical gift is reasonably available. Section 5 prohibits the court from granting such a petition unless the procurement organization: (1) demonstrates that it has made a reasonable effort to determine whether any other person in a class authorized to make an anatomical gift of the decedents body or part is reasonably available; (2) has determined that no person who is otherwise authorized to make an anatomical gift and is reasonably available objects to the anatomical gift; and (3) has determined that no evidence exists of the decedent having communicated a desire that his or her body or part not become anatomical gifts.
κ2023 Statutes of Nevada, Page 1112 (CHAPTER 192, SB 109)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 451 of NRS is hereby amended by adding thereto a new section to read as follows:
1. For the purpose of transplantation only, upon a determination of brain death pursuant to paragraph (b) of subsection 1 of NRS 451.007, the coroner or medical examiner may release and authorize the removal of a decedents body or part that is in the custody of the coroner or medical examiner if:
(a) The coroner or medical examiner has received a request from a procurement organization;
(b) The body or part is the subject of a valid anatomical gift;
(c) The coroner or medical examiner has no evidence of the decedent having communicated a desire that his or her body or part not become anatomical gifts, including, without limitation, through a refusal that has not been revoked;
(d) The procurement organization demonstrates to the satisfaction of the coroner or medical examiner that the procurement organization has made a reasonable effort pursuant to subsection 3 to determine whether any person described in subsection 1 of NRS 451.566 is reasonably available; and
(e) No person described in subsection 1 of NRS 451.566 who is reasonably available objects to the making of an anatomical gift.
2. A coroner or medical examiner is immune from civil or criminal liability for any act or omission performed in accordance with the provisions of this section.
3. Except in the case where the useful life of the body or part does not permit, a reasonable effort shall be deemed to have been made to determine whether any person described in subsection 1 of NRS 451.566 is reasonably available if a search for such persons has been underway for at least 12 hours. Such a search must include, without limitation:
(a) A check of any records of missing persons maintained by local law enforcement agencies and the National Crime Information Center;
(b) An examination of any personal effects of the decedent; and
(c) In order to obtain information that might lead to the location of any persons described in subsection 1 of NRS 451.566, the questioning of any persons known to have:
(1) Visited the decedent:
(I) Within the month before his or her death; or
(II) In a medical facility where the decedent was receiving care for the condition that caused his or her death;
(2) Accompanied the body of the decedent; or
(3) Reported the death.
4. As used in this section:
(a) Local law enforcement agency means the sheriffs office of a county, a metropolitan police department or a police department of an incorporated city.
κ2023 Statutes of Nevada, Page 1113 (CHAPTER 192, SB 109)κ
(b) Medical facility has the meaning ascribed to it in NRS 449.0151.
Sec. 2. NRS 451.010 is hereby amended to read as follows:
451.010 1. The right to dissect the dead body of a human being is limited to cases:
(a) Specially provided by statute or by the direction or will of the deceased.
(b) Where a coroner is authorized under NRS 259.050 or an ordinance enacted pursuant to NRS 244.163 to hold an inquest upon the body, and then only as the coroner may authorize dissection.
(c) Where the spouse or next of kin charged by law with the duty of burial authorize dissection for the purpose of ascertaining the cause of death, and then only to the extent so authorized.
(d) Where authorized by the provisions of NRS 451.350 to 451.470, inclusive.
(e) Where authorized by the provisions of NRS 451.500 to 451.598, inclusive [.] , and section 1 of this act.
2. Every person who makes, causes or procures to be made any dissection of the body of a human being, except as provided in subsection 1, is guilty of a gross misdemeanor.
Sec. 3. NRS 451.503 is hereby amended to read as follows:
451.503 NRS 451.500 to 451.598, inclusive, and section 1 of this act apply to an anatomical gift or amendment to, revocation of or refusal to make an anatomical gift, whenever made.
Sec. 4. NRS 451.510 is hereby amended to read as follows:
451.510 As used in NRS 451.500 to 451.598, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 451.511 to 451.5545, inclusive, have the meanings ascribed to them in those sections.
Sec. 5. NRS 451.566 is hereby amended to read as follows:
451.566 1. Subject to subsections 2 , [and] 3 and 4 and unless barred by NRS 451.561 or 451.562, an anatomical gift of a decedents body or part for the purpose of transplantation, therapy, research or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:
(a) An agent of the decedent at the time of death who could have made an anatomical gift under subsection 2 of NRS 451.556 immediately before the decedents death;
(b) The spouse of the decedent;
(c) Adult children of the decedent;
(d) Parents of the decedent;
(e) Adult siblings of the decedent;
(f) Adult grandchildren of the decedent;
(g) Grandparents of the decedent;
(h) An adult who exhibited special care and concern for the decedent;
(i) The persons who were acting as the guardians of the person of the decedent at the time of death; and
(j) [Any other person having the authority to dispose of the decedents body.] A person appointed by a district court pursuant to subsection 4.
κ2023 Statutes of Nevada, Page 1114 (CHAPTER 192, SB 109)κ
2. If there is more than one member of a class listed in paragraphs (a), (c), (d), (e), (f), (g) or (i) of subsection 1 entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under NRS 451.571 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.
3. A person may not make an anatomical gift if, at the time of the decedents death, a person in a prior class under subsection 1 is reasonably available to make or to object to the making of an anatomical gift.
4. If a person described in paragraphs (a) to (i), inclusive, of subsection 1 is not available to make an anatomical gift at the time of the decedents death, a procurement organization may petition a district court to appoint a person to make an anatomical gift pursuant to paragraph (j) of subsection 1. The district court may hear the petition ex parte and grant the petition without a hearing. The district court shall not grant such a petition unless the procurement organization has:
(a) Demonstrated to the satisfaction of the district court that the procurement organization has made a reasonable effort pursuant to subsection 5 to determine whether any person described in paragraphs (a) to (i), inclusive, of subsection 1 is reasonably available;
(b) Determined that no person in a prior class under subsection 1 who is reasonably available objects to the making of an anatomical gift; and
(c) Determined that no evidence exists of the decedent having communicated a desire that his or her body or part not become anatomical gifts, including, without limitation, through a refusal that has not been revoked.
5. Except in the case where the useful life of the body or part does not permit, a reasonable effort shall be deemed to have been made to determine whether any person described in paragraphs (a) to (i), inclusive, of subsection 1 is reasonably available if a search for such persons has been underway for at least 12 hours. Such a search must include, without limitation:
(a) A check of any records of missing persons maintained by local law enforcement agencies and the National Crime Information Center;
(b) An examination of any personal effects of the decedent; and
(c) In order to obtain information that might lead to the location of any persons described in paragraphs (a) to (i), inclusive, of subsection 1, the questioning of any persons known to have:
(1) Visited the decedent:
(I) Within the month before his or her death; or
(II) In a medical facility where the decedent was receiving care for the condition that caused his or her death;
(2) Accompanied the body of the decedent; or
(3) Reported the death.
6. As used in this section:
(a) Local law enforcement agency means the sheriffs office of a county, a metropolitan police department or a police department of an incorporated city.
κ2023 Statutes of Nevada, Page 1115 (CHAPTER 192, SB 109)κ
(b) Medical facility has the meaning ascribed to it in NRS 449.0151.
Sec. 6. NRS 451.592 is hereby amended to read as follows:
451.592 1. A person that acts in accordance with NRS 451.500 to 451.598, inclusive, and section 1 of this act or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution or administrative proceeding.
2. Neither the person making an anatomical gift nor the donors estate is liable for any injury or damage that results from the making or use of the gift.
3. In determining whether an anatomical gift has been made, amended or revoked under NRS 451.500 to 451.598, inclusive, and section 1 of this act, a person may rely upon representations of a natural person listed in paragraph (b), (c), (d), (e), (f), (g) or (h) of subsection 1 of NRS 451.566 relating to the natural persons relationship to the donor or prospective donor unless the person knows that the representation is untrue.
Sec. 7. NRS 451.593 is hereby amended to read as follows:
451.593 1. A document of gift is valid if executed in accordance with:
(a) The provisions of NRS 451.500 to 451.598, inclusive [;] , and section 1 of this act;
(b) The laws of the state or country where it was executed; or
(c) The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence or was a national at the time the document of gift was executed.
2. If a document of gift is valid under this section, the law of this State governs the interpretation of the document of gift.
3. A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.
Sec. 8. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 1116κ
Senate Bill No. 293Senators Donate and Daly
CHAPTER 193
[Approved: June 3, 2023]
AN ACT relating to energy; revising certain contractual requirements for an agreement for the purchase or lease of a distributed generation system and a power purchase agreement; imposing various requirements on solar installation companies; revising certain definitions; prohibiting a person from engaging in certain activities relating to residential photovoltaic systems unless the person is licensed by the State Contractors Board or is an employee of such a person; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law imposes certain requirements on solar installation companies that sell and install distributed generation systems in this State. Existing law prescribes certain contractual requirements for an agreement for the purchase or lease of a distributed generation system and a power purchase agreement. (NRS 598.9801-598.9822) Section 3 of this bill authorizes a purchaser or lessee who enters into or signs an agreement for the purchase or lease of a distributed generation system or a power purchase agreement to rescind or cancel the agreement by providing certain notice to the solar installation company within 3 business days after the agreement was entered into or signed.
Existing law requires an agreement for the purchase or lease of a distributed generation system or a power purchase agreement to include a cover page containing certain information. (NRS 598.9809, 598.9813, 598.9816) Sections 6-8 of this bill require such a cover page to include certain additional information. Section 2 of this bill requires a solar installation company to: (1) verbally communicate the information that is required to be included in the cover page to a purchaser or lessee, as applicable, in person or via a telephone call or videoconference that is recorded; and (2) maintain each recording for not less than 4 years after the date of any final inspection of the distributed generation system. If a solar installation company or its employees or agents advertise or negotiate certain terms for the purchase or lease of a distributed generation system or a power purchase agreement in a language other than English, section 9 of this bill requires the company to provide a translation of the contract, agreement or certain required notices in that language to certain persons before the execution of the contract or agreement resulting from such advertising or negotiations. Section 4 of this bill makes a conforming change to indicate the proper placement of sections 1.3-3 of this bill in the Nevada Revised Statutes.
Existing law defines distributed generation system as a system or facility for the generation of electricity: (1) that uses solar energy to generate electricity; (2) that is located on the property of a customer of an electric utility; (3) that is connected on the customers side of the electricity meter; (4) that provides electricity primarily to offset customer load on that property; and (5) the excess generation from which is periodically exported to the grid in accordance with the provisions governing net metering systems. (NRS 598.9804) Section 5 of this bill revises the definition of distributed generation system to mean a system or facility for the residential generation of electricity that uses solar energy to generate electricity. Section 5.5 of this bill revises the definition of solar installation company.
Section 9 provides that if a solar installation company executes an agreement for the purchase or lease of a distributed generation system or a power purchase agreement and knowingly fails to comply with requirements set forth under existing law governing such agreements and sections 1.3-9 of this bill, the agreement is voidable by the purchaser or lessee, as applicable.
κ2023 Statutes of Nevada, Page 1117 (CHAPTER 193, SB 293)κ
Existing law prohibits a person from performing any work on residential photovoltaic systems used to produce electricity without the proper license or other authorization under state law. (NRS 624.860) Section 10 of this bill revises that prohibition to prohibit a person from performing such work, or providing a bid for or executing a contract to perform such work, unless the person holds a license issued by the State Contractors Board or is an employee of such a person.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 to 3, inclusive, of this act.
Sec. 1.3. Offset means the amount of alternating current kilowatt hours generated by a distributed generation system divided by prior consumption, to the extent data on prior consumption is available.
Sec. 1.7. Production means the amount of alternating current kilowatt hours generated by a distributed generation system.
Sec. 2. 1. A solar installation company shall, in person or by telephone or videoconference, verbally:
(a) Confirm the identity of a purchaser or lessee under an agreement for the purchase or lease of a distributed generation system or a host customer under a power purchase agreement;
(b) Communicate to the purchaser, lessee or host customer the information required to be included in a cover page pursuant to NRS 598.9809, 598.9813 or 598.9816, as applicable; and
(c) Confirm that the purchaser, lessee or host customer understands the information communicated pursuant to paragraph (b).
2. The verbal communication required by subsection 1 must be:
(a) Recorded by the solar installation company; and
(b) Conducted at the time of the execution of the agreement or within 48 hours after the execution of the agreement.
3. A solar installation company shall not commence the installation of any distributed generation system under an agreement until the recording required pursuant to this section has been made.
4. A solar installation company shall maintain the recording required pursuant to this section for not less than 4 years after the date of the final inspection of the distributed generation system within the jurisdiction in which the distributed generation system is located.
Sec. 3. Any purchaser or lessee who enters into or signs an agreement for the purchase or lease of a distributed generation system or host customer who enters into a power purchase agreement may rescind or cancel the agreement, without any penalty or obligation, by giving notice in writing to the solar installation company either by delivering, mailing or telegraphing such notice or sending such notice by electronic mail not later than midnight of the third business day after the date the agreement was entered into or signed. The notice must be addressed to the solar installation company at the solar installation companys place of business, or another place designated in the agreement, or sent to the electronic mail address set forth on the cover page required by NRS 598.9809, 598.9813 or 598.9816, as applicable, and must contain words indicating the intent of the purchaser, lessee or host customer to rescind or cancel the transaction previously entered into.
κ2023 Statutes of Nevada, Page 1118 (CHAPTER 193, SB 293)κ
Sec. 4. NRS 598.9801 is hereby amended to read as follows:
598.9801 As used in NRS 598.9801 to 598.9822, inclusive, and sections 1.3 to 3, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 598.9802 to 598.9808, inclusive, and sections 1.3 and 1.7 of this act have the meanings ascribed to them in those sections.
Sec. 5. NRS 598.9804 is hereby amended to read as follows:
598.9804 Distributed generation system means a system or facility for the residential generation of electricity [:
1. That] that uses solar energy to generate electricity . [;
2. That is located on the property of a customer of an electric utility;
3. That is connected on the customers side of the electricity meter;
4. That provides electricity primarily to offset customer load on that property; and
5. The excess generation from which is periodically exported to the grid in accordance with the provisions governing net metering systems used by customer-generators pursuant to NRS 704.766 to 704.776, inclusive.]
Sec. 5.5. NRS 598.9808 is hereby amended to read as follows:
598.9808 1. Solar installation company means any form of business organization or any other nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust or unincorporated organization, that [transacts] holds a license issued pursuant to chapter 624 of NRS which authorizes the performance of work concerning a distributed generation system and, directly or indirectly, on its own behalf or on behalf of another:
(a) Performs or offers to perform any work concerning a distributed generation system;
(b) Advertises, solicits or offers to enter into an agreement described in NRS 598.9801 to 598.9822, inclusive, and sections 1.3 to 3, inclusive, of this act; or
(c) Transacts business [directly with a residential customer of an electric utility] to:
[(a)] (1) Sell and install a distributed generation system; or
[(b)] (2) Install a distributed generation system owned by a third party from whom the customer:
[(1)] (I) Leases a distributed generation system; or
[(2)] (II) Purchases electricity generated by a distributed generation system.
2. The term does not include [entities that are third party:
(a) Owners of a distributed generation system; or
(b) Financiers of a distributed generation system who do not sell or install the distributed generation system.] a person who generates leads or referrals to perform work concerning a distributed generation system for persons who hold a license issued pursuant to chapter 624 of NRS authorizing the performance of such work, if such activity is limited to:
(a) Serving as the source of a referral;
(b) Providing the contact information of a person who holds a license issued pursuant to chapter 624 of NRS to a prospective purchaser or lessee;
(c) Setting up appointments on behalf of a person who holds a license issued pursuant to chapter 624 of NRS; or
(d) Advertising through print media.
κ2023 Statutes of Nevada, Page 1119 (CHAPTER 193, SB 293)κ
Sec. 6. NRS 598.9809 is hereby amended to read as follows:
598.9809 An agreement for the lease of a distributed generation system must include a cover page that [provides] :
1. Prominently displays the following information at the top of the cover page in at least 16-point font:
(a) Notice of the right to rescind or cancel the agreement, without any penalty or obligation, within 3 business days after the execution of the agreement, as provided in section 3 of this act.
(b) An electronic mail address to which a notice of rescission or cancellation may be sent pursuant to section 3 of this act and notice that the lessee may send such a notice to that electronic mail address.
(c) Notice of the requirement to make and maintain a recording pursuant to section 2 of this act.
(d) Notice that, before the installation of the distributed generation system, the lessee will have the opportunity to confirm that no representations, offers or promises were made at any time concerning the lease of the distributed generation system other than what is contained in the agreement.
2. Provides the following information in at least 10-point font:
[1.] (a) The amounts due at the signing for and at the completion of the installation or any inspection of the distributed generation system.
[2.] (b) An estimated timeline for the installation of the distributed generation system.
[3.] (c) The estimated amount of the monthly payments due under the lease in the first year of operation of the distributed generation system.
[4.] (d) The length of the term of the lease.
[5.] (e) A description of any warranties.
[6.] (f) The rate of any payment increases.
[7.] (g) The identification of any state or federal tax incentives that are included in calculating the amount of the monthly payments due under the lease.
[8.] (h) The estimated production of the distributed generation system in the first year of operation [.
9.] and an explanation that:
(1) The lessee will always receive a power bill if the premises of the lessee are connected to the power grid;
(2) The estimated production or offset is based on available data on prior consumption; and
(3) Any change in consumption by the lessee will impact the estimated offset, or savings, in relation to the production.
(i) A description of the terms for renewal or any other options available at the end of the term of the lease.
[10.] (j) A description of any option to purchase the distributed generation system before the end of the term of the lease.
[11.] (k) Notice of the existence of the Recovery Fund administered by the State Contractors Board pursuant to NRS 624.470.
[12.] (l) Notice that a person financially damaged by a licensed contractor who performs work on a residence may be eligible to recover certain financial damages from the Recovery Fund.
[13.] (m) Notice that a host customer may file a complaint with the Public Utilities Commission of Nevada.
κ2023 Statutes of Nevada, Page 1120 (CHAPTER 193, SB 293)κ
[14.] (n) Contact information for the State Contractors Board and the Public Utilities Commission of Nevada, including, without limitation, a telephone number.
(o) Notice that the lessee, before the execution of the agreement, may request any document used in the solicitation, offer or transaction for the agreement in any language.
Sec. 7. NRS 598.9813 is hereby amended to read as follows:
598.9813 An agreement for the purchase of a distributed generation system must include a cover page that [provides] :
1. Prominently displays the following information at the top of the cover page in at least 16-point font:
(a) Notice of the right to rescind or cancel the agreement, without any penalty or obligation, within 3 business days after the execution of the agreement, as provided in section 3 of this act.
(b) An electronic mail address to which a notice of rescission or cancellation may be sent pursuant to section 3 of this act and notice that the purchaser may send such a notice to that electronic mail address.
(c) Notice of the requirement to make and maintain a recording pursuant to section 2 of this act.
(d) Notice that, before the installation of the distributed generation system, the purchaser will have the opportunity to confirm that no representations, offers or promises were made at any time concerning the purchase of the distributed generation system other than what is contained in the agreement.
2. Provide the following information in at least 10-point font:
[1.] (a) The size of the distributed generation system.
[2.] (b) The length of the term of the warranty for the distributed generation system.
[3.] (c) An estimated timeline for the installation of the distributed generation system.
[4.] (d) A description of any warranties.
[5.] (e) The total cost of the distributed generation system.
[6.] (f) The estimated value of any portfolio energy credits and rebates of any incentives included in the calculation of the total cost of the distributed generation system.
[7.] (g) The amounts due at the signing for and at the completion of the installation of the distributed generation system.
[8.] (h) The estimated production of the distributed generation system in the first year of operation [.
9.] and an explanation that:
(1) The purchaser will always receive a power bill if the premises of the purchaser are connected to the power grid;
(2) The estimated production or offset is based on available data on prior consumption; and
(3) Any change in consumption by the purchaser will impact the estimated offset, or savings, in relation to the production.
(i) Notice of the existence of the Recovery Fund administered by the State Contractors Board pursuant to NRS 624.470.
[10.] (j) Notice that a person financially damaged by a licensed contractor who performs work on a residence may be eligible to recover certain financial damages from the Recovery Fund.
κ2023 Statutes of Nevada, Page 1121 (CHAPTER 193, SB 293)κ
[11.] (k) Notice that a host customer may file a complaint with the Public Utilities Commission of Nevada.
[12.] (l) Contact information for the State Contractors Board and Public Utilities Commission of Nevada, including, without limitation, a telephone number.
(m) Notice that the purchaser, before the execution of the agreement, may request any document used in the solicitation, offer or transaction for the agreement in any language.
Sec. 8. NRS 598.9816 is hereby amended to read as follows:
598.9816 A power purchase agreement for the sale of the output of a distributed generation system must include a cover page that [provides] :
1. Prominently displays the following information at the top of the cover page in at least 16-point font:
(a) Notice of the right to rescind or cancel the agreement, without any penalty or obligation, within 3 business days after the execution of the agreement, as provided in section 3 of this act.
(b) An electronic mail address to which a notice of rescission or cancellation may be sent pursuant to section 3 of this act and notice that the host customer may send such a notice to that electronic mail address.
(c) Notice of the requirement to make and maintain a recording pursuant to section 2 of this act.
(d) Notice that, before the installation of the distributed generation system, the host customer will have the opportunity to confirm that no representations, offers or promises were made at any time concerning the sale of the output of the distributed generation system other than what is contained in the agreement.
2. Provides the following information in at least 10-point font:
[1.] (a) The rate of any increase in the payments to be made during the term of the agreement and, if applicable, the date of the first such increase.
[2.] (b) An estimated timeline for the installation of the distributed generation system.
[3.] (c) The rate of electricity per kilowatt-hour of electricity for the first year of the agreement.
[4.] (d) The length of the term of the agreement.
[5.] (e) The amounts due at the signing for and at the completion of the installation or any inspection of the distributed generation system.
[6.] (f) The estimated production of the distributed generation system in the first year of operation [.
7.] and an explanation that:
(1) The host customer will always receive a power bill if the premises of the host customer are connected to the power grid;
(2) The estimated production or offset is based on available data on prior consumption; and
(3) Any change in consumption by the host customer will impact the estimated offset, or savings, in relation to the production.
(g) A description of the options available at the end of the term of the agreement.
[8.] (h) A description of any option to purchase the distributed generation system before the end of the term of the agreement.
[9.] (i) Notice of the existence of the Recovery Fund administered by the State Contractors Board pursuant to NRS 624.470.
κ2023 Statutes of Nevada, Page 1122 (CHAPTER 193, SB 293)κ
[10.] (j) Notice that a person financially damaged by a licensed contractor who performs work on a residence may be eligible to recover certain financial damages from the Recovery Fund.
[11.] (k) Notice that a host customer may file a complaint with the Public Utilities Commission of Nevada.
[12.] (l) Contact information for the State Contractors Board and the Public Utilities Commission of Nevada, including, without limitation, a telephone number.
(m) Notice that the host customer, before execution of the agreement, may request any document used in the solicitation, offer or transaction for the power purchase agreement in any language.
Sec. 9. NRS 598.9822 is hereby amended to read as follows:
598.9822 1. A host customer may file a complaint concerning a solar installation company with the Public Utilities Commission of Nevada. Upon receipt of a complaint, the Commission may direct the host customer to the appropriate agency or person to resolve the complaint.
2. The failure of a person to comply with NRS 598.9801 to 598.9822, inclusive, and sections 1.3 to 3, inclusive, of this act constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.
3. If a solar installation company executes with a purchaser or lessee an agreement for the purchase or lease of a distributed generation system or with a host customer a power purchase agreement and knowingly fails to comply with any requirement of NRS 598.9801 to 598.9822, inclusive, and sections 1.3 to 3, inclusive, of this act, including, without limitation, by failing to include any disclosure or information required by NRS 598.9801 to 598.9822, inclusive, and sections 1.3 to 3, inclusive, of this act, or knowingly failing to maintain a recording of a verbal communication as required by section 2 of this act, the agreement is voidable by the purchaser, lessee or host customer. The actions of persons who solely conduct administrative duties or provide administrative services directly to and for the benefit of the solar installation company are not imputed to the solar installation company for the purposes of this subsection.
4. A violation of any provision of NRS 598.9801 to 598.9822, inclusive, and sections 1.3 to 3, inclusive, of this act constitutes consumer fraud for the purposes of NRS 41.600.
[4.] 5. Any document described in NRS 598.9809 to 598.9821, inclusive, and sections 1.3 to 3, inclusive, of this act must be provided in:
(a) English; or
(b) [Spanish,] Any other language, if any person so requests [.] before the execution of the relevant document.
6. If a solar installation company advertises its services or negotiates orally or in writing any of the requirements of NRS 598.9801 to 598.9822, inclusive, and sections 1.3 to 3, inclusive, of this act in a language other than English or permits an employee or agent of the solar installation company to so advertise or negotiate, the solar installation company must deliver a translation of any contract, agreement or notice described in NRS 598.9801 to 598.9822, inclusive, and sections 1.3 to 3, inclusive, of this act resulting from such advertising or negotiations in the language in which such advertising was made or such negotiations occurred to a person who is a party to such a contract or agreement, or who may sign the contract or agreement, or who is entitled to receive such notice. The translation of the contract, agreement or notice must be provided before the execution of the contract or agreement and include, without limitation, every term and condition in the contract, agreement or notice.
κ2023 Statutes of Nevada, Page 1123 (CHAPTER 193, SB 293)κ
contract or agreement and include, without limitation, every term and condition in the contract, agreement or notice.
Sec. 10. NRS 624.860 is hereby amended to read as follows:
624.860 A person shall not, directly or indirectly [,] perform or offer to perform , provide any proposal or bid for or execute a contract to perform any work concerning a residential photovoltaic system used to produce electricity unless the person [holds:
1. A] :
1. Holds a license issued pursuant to this chapter which authorizes the person to perform [such] work [; or
2. Any other license, certificate, registration or permit under state law which authorizes the person to perform such work.] concerning a residential photovoltaic system used to produce electricity; or
2. Is an employee of a person described in subsection 1.
Sec. 10.5. This act becomes effective on January 1, 2024.
________
Senate Bill No. 172Senators D. Harris, Scheible, Donate; Ohrenschall and Pazina
CHAPTER 194
[Approved: June 5, 2023]
AN ACT relating to health care; authorizing a minor to give express consent to certain health care providers for certain services for the prevention of sexually transmitted diseases and pregnancy; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the age of 18 years as the age of majority in this State. (NRS 129.010) However, existing law authorizes a local or state health officer, licensed physician or clinic to examine or treat any minor who is suspected of being infected or is infected with any sexually transmitted disease without the consent of the parent, parents or legal guardian of the minor. (NRS 129.060) Section 1 of this bill: (1) clarifies that a minor must consent to such examination or treatment before the examination or treatment is provided; and (2) additionally authorizes a minor to consent to such an examination or treatment provided by a physician assistant or registered nurse. Section 1 also authorizes a minor to give express consent to certain health care providers for the provision of services for the prevention of sexually transmitted diseases or the prescribing, dispensing or administration of a contraceptive drug or device without the consent or notification of the parent, parents or legal guardian of the minor.
Existing law prohibits an employee or volunteer at a family resource center which has received a grant from the Director of the Department of Health and Human Services from administering drugs or contraceptives to or performing medical or dental procedures for a minor without written consent from the parent, guardian or legal custodian of the minor. (NRS 430A.180) Section 2 of this bill authorizes a physician, physician assistant, registered nurse or pharmacist who is an employee or volunteer at such a family resource center to provide services for the prevention of sexually transmitted diseases or prescribe, dispense or administer a contraceptive drug or device to a minor without consent of the parent, guardian or legal custodian.
κ2023 Statutes of Nevada, Page 1124 (CHAPTER 194, SB 172)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 129.060 is hereby amended to read as follows:
129.060 Notwithstanding any other provision of law, [the consent of the parent, parents or legal guardian of a minor is not necessary in order to authorize a] a minor may give express consent to:
1. A local or state health officer, licensed physician , physician assistant, registered nurse or clinic to [examine] conduct an examination for or treat, or both, [any minor who is suspected of being infected or is found to be infected with] any sexually transmitted disease.
2. A local or state health officer, licensed physician, physician assistant, registered nurse, pharmacist or clinic to:
(a) Provide services related to the prevention of sexually transmitted diseases, including, without limitation, the services described in NRS 639.28085; or
(b) Issue a prescription for, the dispensing of or the administration of a contraceptive drug or device.
Sec. 2. NRS 430A.180 is hereby amended to read as follows:
430A.180 [When]
1. Except as otherwise provided in subsection 2, when providing services on behalf of a family resource center which has received a grant from the Director pursuant to the provisions of this chapter, an employee or volunteer at the family resource center shall not administer drugs or contraceptives to or perform medical or dental procedures for a minor unless written consent to administer those drugs or contraceptives or to perform those procedures has been obtained from the minors parent, guardian or legal custodian.
2. A licensed physician, physician assistant, registered nurse or pharmacist who is an employee or volunteer at a family resource center which has received a grant from the Director pursuant to the provisions of this chapter may provide the services described in NRS 129.060 under the conditions authorized by that section.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2023 Statutes of Nevada, Page 1125κ
Assembly Bill No. 143Assemblyman ONeill
CHAPTER 195
[Approved: June 5, 2023]
AN ACT relating to counties; authorizing, under certain circumstances, a board of county commissioners of certain counties to convey without consideration real property acquired directly from the Federal Government for purposes of clearing title to certain persons; exempting such transfers from the real property transfer tax; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth certain procedures for a board of county commissioners to transfer or sell real property. (NRS 244.2795-244.296) Section 1 of this bill authorizes the board of county commissioners of a county whose population is less than 4,500 (currently Esmeralda, Eureka and Storey Counties) to convey, without consideration and without complying with certain requirements in existing law, real property that the county acquired directly from the Federal Government for the purpose of clearing title to the property. (NRS 244.281) The real property must be conveyed to the person or persons, as applicable, who have an interest in the property. To convey such real property, section 1 requires the board of county commissioners to execute and record a deed, which is effective upon recordation. Section 1 further requires the board of county commissioners, upon recordation of the deed, to send actual notice by certified mail to the person or persons to whom the property was conveyed. The notice must include, without limitation, a copy of the recorded deed and information on how the person may disclaim the interest in the property.
Section 5.5 of this bill provides that if the board of county commissioners of a county whose population is less than 4,500 (currently Esmeralda, Eureka and Storey Counties) conveys any real property pursuant to section 1 between October 1, 2023, and June 30, 2024, the county recorder of the county shall report to the Joint Interim Standing Committee on Government Affairs the number of such conveyances initiated or completed.
Sections 2 and 3 of this bill make conforming changes to exempt such conveyances from the provisions that generally apply to the sale or lease of property by a board of county commissioners.
Section 5 of this bill exempts conveyances executed pursuant to section 1 from the real property transfer tax.
Section 4 of this bill indicates 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 244 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board of county commissioners of a county whose population is less than 4,500 may convey real property, without consideration or without complying with the provisions of NRS 244.281, if:
(a) The real property was acquired by the county directly from the Federal Government for the purpose of clearing title to the real property; and
κ2023 Statutes of Nevada, Page 1126 (CHAPTER 195, AB 143)κ
(b) The board of county commissioners conveys the real property to the person or persons, as applicable, who have an interest in the real property.
2. If the board of county commissioners of a county whose population is less than 4,500 conveys real property pursuant to subsection 1, the board must execute and record a deed, which shall be effective upon recordation. Upon recordation, the board of county commissioners must send actual notice by certified mail to the person or persons, as applicable, to whom the property was conveyed that includes, without limitation, a copy of the recorded deed and information on how the person may disclaim the interest in property.
Sec. 2. NRS 244.2795 is hereby amended to read as follows:
244.2795 1. Except as otherwise provided in NRS 244.189, 244.276, 244.279, 244.2815, 244.2825, 244.2833, 244.2835, 244.284, 244.287, 244.290, 278.479 to 278.4965, inclusive, and section 1 of this act, and subsection 3 of NRS 496.080, except as otherwise required by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on or before October 1, 2004, except if the board of county commissioners is entering into a joint development agreement for real property owned by the county to which the board of county commissioners is a party, except for a lease of residential property with a term of 1 year or less, except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose, except for the sale or lease of real property to the State or another governmental entity and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election or special election, the board of county commissioners shall, when offering any real property for sale or lease:
(a) Except as otherwise provided in this paragraph and paragraph (h) of subsection 1 of NRS 244.281, obtain two independent appraisals of the real property before selling or leasing it. If the board of county commissioners holds a public hearing on the matter of the fair market value of the real property, one independent appraisal of the real property is sufficient before selling or leasing it. The appraisal or appraisals, as applicable, must have been prepared not more than 6 months before the date on which the real property is offered for sale or lease.
(b) Select the one independent appraiser or two independent appraisers, as applicable, from the list of appraisers established pursuant to subsection 2.
(c) Verify the qualifications of each appraiser selected pursuant to paragraph (b). The determination of the board of county commissioners as to the qualifications of the appraiser is conclusive.
2. The board of county commissioners shall adopt by ordinance the procedures for creating or amending a list of appraisers qualified to conduct appraisals of real property offered for sale or lease by the board. The list must:
(a) Contain the names of all persons qualified to act as a general appraiser in the same county as the real property that may be appraised; and
(b) Be organized at random and rotated from time to time.
3. An appraiser chosen pursuant to subsection 1 must provide a disclosure statement which includes, without limitation, all sources of income that may constitute a conflict of interest and any relationship with the real property owner or the owner of an adjoining real property.
κ2023 Statutes of Nevada, Page 1127 (CHAPTER 195, AB 143)κ
4. An appraiser shall not perform an appraisal on any real property for sale or lease by the board of county commissioners if:
(a) The appraiser has an interest in the real property or an adjoining property;
(b) The real property is located in a county whose population is 45,000 or more and any person who is related to the appraiser has an interest in the real property or an adjoining property and the relationship between the appraiser and the person is within the third degree of consanguinity or affinity; or
(c) The real property is located in a county whose population is less than 45,000 and any person who is related to the appraiser has an interest in the real property or an adjoining property and the relationship between the appraiser and the person is within the second degree of consanguinity or affinity.
5. If real property is sold or leased in violation of the provisions of this section:
(a) The sale or lease is void; and
(b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale or lease.
Sec. 3. NRS 244.281 is hereby amended to read as follows:
244.281 1. Except as otherwise provided in this subsection and NRS 244.189, 244.276, 244.279, 244.2815, 244.2825, 244.2833, 244.2835, 244.284, 244.287, 244.290, 278.479 to 278.4965, inclusive, and section 1 of this act, and subsection 3 of NRS 496.080, except as otherwise required by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on or before October 1, 2004, except if the board of county commissioners is entering into a joint development agreement for real property owned by the county to which the board of county commissioners is a party, except for a lease of residential property with a term of 1 year or less, except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election or special election:
(a) When a board of county commissioners has determined by resolution that the sale or lease of any real property owned by the county will be for purposes other than to establish, align, realign, change, vacate or otherwise adjust any street, alley, avenue or other thoroughfare, or portion thereof, or flood control facility within the county and will be in the best interest of the county, it may:
(1) Sell the real property in the manner prescribed for the sale of real property in NRS 244.282.
(2) Lease the real property in the manner prescribed for the lease of real property in NRS 244.283.
(b) Before the board of county commissioners may sell or lease any real property as provided in paragraph (a), it shall:
(1) Post copies of the resolution described in paragraph (a) in three public places in the county; and
(2) Cause to be published at least once a week for 3 successive weeks, in a newspaper qualified under chapter 238 of NRS that is published in the county in which the real property is located, a notice setting forth:
κ2023 Statutes of Nevada, Page 1128 (CHAPTER 195, AB 143)κ
(I) A description of the real property proposed to be sold or leased in such a manner as to identify it;
(II) The minimum price, if applicable, of the real property proposed to be sold or leased; and
(III) The places at which the resolution described in paragraph (a) has been posted pursuant to subparagraph (1), and any other places at which copies of that resolution may be obtained.
Κ If no qualified newspaper is published within the county in which the real property is located, the required notice must be published in some qualified newspaper printed in the State of Nevada and having a general circulation within that county.
(c) Except as otherwise provided in this paragraph and paragraph (h), if the board of county commissioners by its resolution further finds that the real property to be sold or leased is worth more than $1,000, the board shall select two or more disinterested, competent real estate appraisers pursuant to NRS 244.2795 to appraise the real property. If the board of county commissioners holds a public hearing on the matter of the fair market value of the property, one disinterested, competent appraisal of the real property is sufficient before selling or leasing it. Except for real property acquired pursuant to NRS 371.047, the board of county commissioners shall not sell or lease it for less than:
(1) If two independent appraisals were obtained, the average of the appraisals of the real property.
(2) If only one independent appraisal was obtained, the appraised value of the real property.
(d) If the real property is appraised at $1,000 or more, the board of county commissioners may:
(1) Lease the real property; or
(2) Sell the real property either for cash or for not less than 25 percent cash down and upon deferred payments over a period of not more than 10 years, secured by a mortgage or deed of trust, bearing such interest and upon such further terms as the board of county commissioners may specify.
(e) A board of county commissioners may sell or lease any real property owned by the county without complying with the provisions of NRS 244.282 or 244.283 to:
(1) A person who owns real property located adjacent to the real property to be sold or leased if the board has determined by resolution that the sale will be in the best interest of the county and the real property is a:
(I) Remnant that was separated from its original parcel due to the construction of a street, alley, avenue or other thoroughfare, or portion thereof, flood control facility or other public facility;
(II) Parcel that, as a result of its size, is too small to establish an economically viable use by anyone other than the person who owns real property adjacent to the real property for sale or lease; or
(III) Parcel which is subject to a deed restriction prohibiting the use of the real property by anyone other than the person who owns real property adjacent to the real property for sale or lease.
(2) The State or another governmental entity if:
(I) The sale or lease restricts the use of the real property to a public use; and
κ2023 Statutes of Nevada, Page 1129 (CHAPTER 195, AB 143)κ
(II) The board adopts a resolution finding that the sale or lease will be in the best interest of the county.
(f) A board of county commissioners that disposes of real property pursuant to paragraph (d) is not required to offer to reconvey the real property to the person from whom the real property was received or acquired by donation or dedication.
(g) If real property that is offered for sale or lease pursuant to this section is not sold or leased at the initial offering of the contract for the sale or lease of the real property, the board of county commissioners may offer the real property for sale or lease a second time pursuant to this section. The board of county commissioners must obtain a new appraisal or appraisals, as applicable, of the real property pursuant to the provisions of NRS 244.2795 before offering the real property for sale or lease a second time if:
(1) There is a material change relating to the title, the zoning or an ordinance governing the use of the real property; or
(2) The appraisal or appraisals, as applicable, were prepared more than 6 months before the date on which the real property is offered for sale or lease the second time.
(h) If real property that is offered for sale or lease pursuant to this section is not sold or leased at the second offering of the contract for the sale or lease of the real property, the board of county commissioners may list the real property for sale or lease at the appraised value or average of the appraised value if two or more appraisals were obtained, as applicable, with a licensed real estate broker, provided that the broker or a person related to the broker within the first degree of consanguinity or affinity does not have an interest in the real property or an adjoining property. If the appraisal or appraisals, as applicable, were prepared more than 6 months before the date on which the real property is listed with a licensed real estate broker, the board of county commissioners must obtain one new appraisal of the real property pursuant to the provisions of NRS 244.2795 before listing the real property for sale or lease at the new appraised value.
2. If real property is sold or leased in violation of the provisions of this section:
(a) The sale or lease is void; and
(b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale or lease.
3. As used in this section, flood control facility has the meaning ascribed to it in NRS 244.276.
Sec. 4. NRS 371.047 is hereby amended to read as follows:
371.047 1. A county may use the proceeds of the tax imposed pursuant to NRS 371.043 or 371.045, or of bonds, notes or other obligations incurred to which the proceeds of those taxes are pledged to finance a project related to the construction of a highway with limited access, to:
(a) Purchase residential real property which shares a boundary with a highway with limited access or a project related to the construction of a highway with limited access, and which is adversely affected by the highway. Not more than 1 percent of the proceeds of the tax or of any bonds to which the proceeds of the tax are pledged may be used for this purpose.
(b) Pay for the cost of moving persons whose primary residences are condemned for a right-of-way for a highway with limited access and who qualify for such payments.
κ2023 Statutes of Nevada, Page 1130 (CHAPTER 195, AB 143)κ
qualify for such payments. The board of county commissioners shall, by ordinance, establish the qualifications for receiving payments for the cost of moving pursuant to this paragraph.
2. A county may, in accordance with NRS 244.265 to 244.296, inclusive, and section 1 of this act, dispose of any residential real property purchased pursuant to this section, and may reserve and except easements, rights or interests related thereto, including, but not limited to:
(a) Abutters rights of light, view or air.
(b) Easements of access to and from abutting land.
(c) Covenants prohibiting the use of signs, structures or devices advertising activities not conducted, services not rendered or goods not produced or available on the real property.
3. Proceeds from the sale or lease of residential real property acquired pursuant to this section must be used for the purposes set forth in this section and in NRS 371.043 or 371.045, as applicable.
4. For the purposes of this section, residential real property is adversely affected by a highway with limited access if the construction or proposed use of the highway:
(a) Constitutes a taking of all or any part of the property, or interest therein;
(b) Lowers the value of the property; or
(c) Constitutes a nuisance.
5. As used in this section:
(a) Highway with limited access means a divided highway for through traffic with full control of access and with grade separations at intersections.
(b) Primary residence means a dwelling, whether owned or rented by the occupant, which is the sole principal place of residence of that occupant.
(c) Residential real property means a lot or parcel of not more than 1.5 acres upon which a single-family or multifamily dwelling is located.
Sec. 5. NRS 375.090 is hereby amended to read as follows:
375.090 The taxes imposed by NRS 375.020, 375.023 and 375.026 do not apply to:
1. A mere change in identity, form or place of organization, such as a transfer between a business entity and its parent, its subsidiary or an affiliated business entity if the affiliated business entity has identical common ownership.
2. A transfer of title to the United States, any territory or state or any agency, department, instrumentality or political subdivision thereof.
3. A transfer of title recognizing the true status of ownership of the real property, including, without limitation, a transfer by an instrument in writing pursuant to the terms of a land sale installment contract previously recorded and upon which the taxes imposed by this chapter have been paid.
4. A transfer of title without consideration from one joint tenant or tenant in common to one or more remaining joint tenants or tenants in common.
5. A transfer, assignment or other conveyance of real property if the owner of the property is related to the person to whom it is conveyed within the first degree of lineal consanguinity or affinity.
6. A transfer of title between former spouses in compliance with a decree of divorce.
κ2023 Statutes of Nevada, Page 1131 (CHAPTER 195, AB 143)κ
7. A transfer of title to or from a trust without consideration if a certificate of trust is presented at the time of transfer.
8. Transfers, assignments or conveyances of unpatented mines or mining claims.
9. A transfer, assignment or other conveyance of real property to a corporation or other business organization if the person conveying the property owns 100 percent of the corporation or organization to which the conveyance is made.
10. A conveyance of real property by deed which becomes effective upon the death of the grantor pursuant to NRS 111.655 to 111.699, inclusive, and a Death of Grantor Affidavit recorded in the office of the county recorder pursuant to NRS 111.699.
11. The making, delivery or filing of conveyances of real property to make effective any plan of reorganization or adjustment:
(a) Confirmed under the Bankruptcy Act, as amended, 11 U.S.C. §§ 101 et seq.;
(b) Approved in an equity receivership proceeding involving a railroad, as defined in the Bankruptcy Act; or
(c) Approved in an equity receivership proceeding involving a corporation, as defined in the Bankruptcy Act,
Κ if the making, delivery or filing of instruments of transfer or conveyance occurs within 5 years after the date of the confirmation, approval or change.
12. A transfer to an educational foundation. As used in this subsection, educational foundation has the meaning ascribed to it in subsection 3 of NRS 388.750.
13. A transfer to a university foundation. As used in this subsection, university foundation has the meaning ascribed to it in subsection 3 of NRS 396.405.
14. A transfer to a library foundation. As used in this subsection, library foundation has the meaning ascribed to it in NRS 379.0056.
15. A conveyance of real property to a person or persons from the board of county commissioners of a county whose population is less than 4,500 pursuant to section 1 of this act.
Sec. 5.5. If the board of county commissioners of a county whose population is less than 4,500 conveys any real property pursuant to section 1 of this act between October 1, 2023, and June 30, 2024, the county recorder of the county shall, on or before July 1, 2024, report to the Joint Interim Standing Committee on Government Affairs the number of such conveyances initiated or completed.
Sec. 6. This act becomes effective on October 1, 2023, and expires by limitation on June 30, 2025.
________
κ2023 Statutes of Nevada, Page 1132κ
Assembly Bill No. 23Committee on Commerce and Labor
CHAPTER 196
[Approved: June 5, 2023]
AN ACT relating to contractors; authorizing a person who is issued a written administrative citation by the State Contractors Board to request an informal citation conference before the Executive Officer of the Board; establishing requirements and procedures for such an informal citation conference; revising procedures by which a person is authorized to contest a citation; providing that the failure of a person to comply with the terms of a citation which has been affirmed or modified within a certain period of time constitutes cause for disciplinary action; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the State Contractors Board to issue or authorize the issuance of a written administrative citation to a person if the Board has reason to believe the person: (1) acted as a contractor without an active license of the proper classification; or (2) has violated provisions of existing law governing contractors or regulations of the Board. (NRS 624.341) Existing law authorizes a person who is issued such a citation to contest the citation within 15 business days after the date on which the citation was served and requires the Board to conduct a hearing on the matter. (NRS 624.345, 624.351) If a person does not contest a citation within that period and the Board does not extend that period, the citation is deemed a final order of the Board and not subject to review by any court or agency. (NRS 624.345) Section 4 of this bill revises the requirement for the Board to hold a hearing concerning a contested citation to require: (1) a person who wishes to contest a citation to submit to the Board written notice of his or her intent to contest the citation; and (2) the Board to hold the hearing on the matter within 90 calendar days after receipt of the written notice.
Section 1 of this bill creates an additional, informal process for the resolution of an administrative citation issued by the Board. Section 1 authorizes a person who is issued such a citation to submit to the Executive Officer of the Board, within 15 business days after the date on which the citation is served on the person, a written request for an informal citation conference. Under section 1, the Executive Officer is required to conduct an informal citation conference within 60 business days after receiving such a request. At the conclusion of the conference, section 1 requires the Executive Officer to affirm, modify or dismiss the citation and, if the citation is affirmed or modified, serve the affirmed or modified citation on the person or his or her attorney. Sections 1 and 3 of this bill authorize a person who wishes to contest a citation which has been affirmed or modified following an informal citation conference to contest the citation within 15 business days after the date on which the affirmed or modified citation is served on the person. If the person submits to the Board written notice of his or her intent to contest the affirmed or modified citation within that period, or if that period is extended by the Board, section 4 requires the Board to hold a hearing on the matter. If the person fails to contest the affirmed or modified citation within that period and that period is not extended by the Board, section 3 of this bill deems the affirmed or modified citation a final order of the Board and not subject to review by any court or agency.
κ2023 Statutes of Nevada, Page 1133 (CHAPTER 196, AB 23)κ
Existing law provides that the failure of a person to comply with a citation issued by the Board within the period permitted for compliance set forth in the citation or, if a hearing is held, within 15 business days after the hearing, constitutes cause for disciplinary action by the Board. (NRS 624.302) Section 2 of this bill provides that the failure of a person to comply with a citation that has been affirmed or modified following an informal citation conference within the time permitted for compliance or, if a hearing is held on the affirmed or modified citation, within 15 business days after the hearing, also constitutes cause for disciplinary action by the Board.
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 624 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person who is issued a written citation pursuant to NRS 624.341 may, within 15 business days after the date on which the citation is served on the person, submit to the Executive Officer or his or her designee a written request for an informal citation conference.
2. The Executive Officer or his or her designee shall, within 60 business days after the date on which a written request for an informal citation conference is received, conduct an informal citation conference with the person who submitted the request. The person may be represented by legal counsel at the conference.
3. Subject to the provisions of subsections 4 and 5, the Executive Officer or his or her designee may enter reasonable orders governing how an informal citation conference is conducted. An informal citation conference may be conducted in an informal manner and is not required to be conducted in accordance with the requirements for the conduct of a hearing set forth in NRS 233B.121 to 233B.150, inclusive.
4. At an informal citation conference, the Executive Officer or his or her designee and the person who submitted the request for the informal citation conference shall present all evidence that is known to them at the time of the conference that substantiates their respective positions.
5. An informal citation conference must not be recorded. Any offer of settlement or other statement made during an informal citation conference must not be used as an admission in any subsequent hearing, and the Executive Officer or his or her designee shall so inform the person who submitted the request for the informal citation conference at the beginning of the conference.
6. At the conclusion of an informal citation conference, the Executive Officer or his or her designee shall affirm, modify or dismiss the citation.
7. If the Executive Officer or his or her designee affirms or modifies a citation pursuant to subsection 6:
(a) The original citation issued pursuant to NRS 624.341 shall be considered withdrawn and replaced by the affirmed or modified citation; and
κ2023 Statutes of Nevada, Page 1134 (CHAPTER 196, AB 23)κ
(b) The Executive Officer or his or her designee shall, within 15 business days after the date on which the informal citation conference is concluded, serve on the person and his or her counsel, if applicable, the affirmed or modified citation and a written statement of the reasons for the decision to affirm or modify the citation.
8. A person whose citation was affirmed or modified pursuant to this section:
(a) May contest the affirmed or modified citation in accordance with the procedures set forth in NRS 624.345.
(b) May not submit a request to the Executive Officer or his or her designee for an informal citation conference concerning the affirmed or modified citation.
9. For the purposes of this section, a citation shall be deemed to have been served on a person on:
(a) The date on which the citation is personally delivered to the person; or
(b) If the citation is mailed, the date on which the citation is mailed by certified mail to the last known business or residential address of the person.
Sec. 2. NRS 624.302 is hereby amended to read as follows:
624.302 The following acts or omissions, among others, constitute cause for disciplinary action pursuant to NRS 624.300:
1. Contracting, offering to contract or submitting a bid as a contractor if the contractors license:
(a) Has been suspended or revoked pursuant to NRS 624.300; or
(b) Is inactive.
2. Failure to comply with a written citation issued pursuant to NRS 624.341 [within] :
(a) Within the time permitted for compliance set forth in the citation [,] or, if the citation is affirmed or modified following an informal citation conference pursuant to section 1 of this act, within the time permitted for compliance set forth in the affirmed or modified citation; or [, if]
(b) If a hearing is held pursuant to NRS 624.291, within 15 business days after the hearing.
3. Except as otherwise provided in subsection 2, failure to pay an administrative fine imposed pursuant to this chapter within 30 days after:
(a) Receiving notice of the imposition of the fine; or
(b) The final administrative or judicial decision affirming the imposition of the fine,
Κ whichever occurs later.
4. The suspension, revocation or other disciplinary action taken by another state against a contractor based on a license issued by that state if the contractor is licensed in this State or applies for a license in this State. A certified copy of the suspension, revocation or other disciplinary action taken by another state against a contractor based on a license issued by that state is conclusive evidence of that action.
κ2023 Statutes of Nevada, Page 1135 (CHAPTER 196, AB 23)κ
5. Failure or refusal to respond to a written request from the Board or its designee to cooperate in the investigation of a complaint.
6. Failure or refusal to comply with a written request by the Board or its designee for information or records, or obstructing or delaying the providing of such information or records.
7. Failure or refusal to comply with an order of the Board.
Sec. 3. NRS 624.345 is hereby amended to read as follows:
624.345 1. A person who is issued a written citation pursuant to NRS 624.341 or an order to cease and desist pursuant to NRS 624.212 may contest the citation or order [within] :
(a) Within 15 business days after the date on which the citation or order is served on the person [.] ; or
(b) For a citation that has been affirmed or modified following an informal citation conference pursuant to section 1 of this act, within 15 business days after the date on which the affirmed or modified citation is served on the person.
2. A person may contest, without limitation:
(a) The facts forming the basis for the determination that the person has committed an act which constitutes a violation of this chapter or the regulations of the Board;
(b) The time allowed to take any corrective action ordered;
(c) The amount of any administrative fine ordered;
(d) The amount of any order to reimburse the Board for the expenses incurred to investigate the person; and
(e) Whether any corrective action described in the citation or order is reasonable.
3. [If a person does not contest a] A citation issued pursuant to NRS 624.341 or an order to cease and desist issued pursuant to NRS 624.212 [within] shall be deemed a final order of the Board and not subject to review by any court or agency if the person to whom the citation or order is issued does not contest the citation or order:
(a) Within 15 business days after the date on which the citation or order is served on the person [,] ;
(b) For a citation that has been affirmed or modified following an informal citation conference conducted pursuant to section 1 of this act, within 15 business days after the date on which the affirmed or modified citation is served on the person; or [on]
(c) On or before such later date as specified by the Board pursuant to subsection 4 . [, the citation or order shall be deemed a final order of the Board and not subject to review by any court or agency.]
4. The Board may, for good cause shown, extend the time to contest a citation issued pursuant to NRS 624.341 or an order to cease and desist issued pursuant to NRS 624.212.
5. For the purposes of this section:
(a) An order to cease and desist must be served in accordance with NRS 624.212.
κ2023 Statutes of Nevada, Page 1136 (CHAPTER 196, AB 23)κ
(b) A citation shall be deemed to have been served on a person on:
(1) The date on which the citation is personally delivered to the person; or
(2) If the citation is mailed, the date on which the citation is mailed by certified mail to the last known business or residential address of the person.
Sec. 4. NRS 624.351 is hereby amended to read as follows:
624.351 [If]
1. The Board shall hold a hearing pursuant to NRS 624.291 if a person [contests] submits to the Board written notice of his or her intent to contest a citation issued pursuant to NRS 624.341 or order to correct a violation of the provisions of this chapter [within] :
(a) Within 15 business days after [receiving] the date on which the citation or order [,] is served on the person;
(b) For a citation that has been affirmed or modified following an informal citation conference conducted pursuant to section 1 of this act, within 15 business days after the date on which the affirmed or modified citation is served on the person; or [on]
(c) On or before such later date as specified by the Board pursuant to subsection 4 of NRS 624.345 . [, the Board shall hold a hearing pursuant to NRS 624.291.]
2. If a person submits to the Board written notice of his or her intent to contest a citation or order within the time required by paragraph (a) or (b) of subsection 1, the Board shall hold the hearing required by subsection 1 not later than 90 calendar days after the date on which the Board receives the written notice.
Sec. 5. The amendatory provisions of this act apply only to a written citation issued pursuant to NRS 624.341 on or after October 1, 2023.
Sec. 6. (Deleted by amendment.)
________
κ2023 Statutes of Nevada, Page 1137κ
Assembly Bill No. 114Assemblywoman Thomas
Joint Sponsor: Senator Nguyen
CHAPTER 197
[Approved: June 5, 2023]
AN ACT relating to children; revising the membership of the Nevada Early Childhood Advisory Council; defining the term early childhood program for purposes of the duties of the Council; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the Nevada Early Childhood Advisory Council and sets forth the minimum membership of the Council, who are to be appointed by the Governor. The Governor is also authorized to appoint such additional members to the Council as the Governor determines are necessary. (NRS 432A.076) This bill requires that the membership of the Council include: (1) one member who is a representative of the Division of Public and Behavioral Health of the Department of Health and Human Services whose duties include responsibility for maternal, child and adolescent health; (2) one member who is a representative of the Program for Child Care and Development in the Division of Welfare and Supportive Services of the Department; (3) one member who is a representative of a public school who works with pupils in kindergarten through grade 3; (4) one member who is a representative of a tribal organization; and (5) at least one member who is a parent or guardian of a child less than 8 years of age and who has participated in one or more federal or state early childhood programs. This bill provides that the member who is appointed as a representative of the Department of Education whose duties include responsibilities for certain programs may, alternatively, be a representative of the Department of Health and Human Services whose duties include similar responsibilities. This bill also defines the term early childhood program for purposes of the duties of the Council as any program that stimulates physical, cognitive, linguistic, social and emotional development for children less than 8 years of age pertaining to: (1) nutrition; (2) health care; (3) mental and behavioral health; (4) protection; and (5) play and learning.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 432A.076 is hereby amended to read as follows:
432A.076 1. The Nevada Early Childhood Advisory Council is hereby established as the state advisory council on early childhood education and care required to be established pursuant to 42 U.S.C. § 9837b(b)(1)(A)(i). The membership of the Council must be appointed by the Governor and include, without limitation:
(a) One member who is a representative of the Division of Public and Behavioral Health of the Department whose duties include responsibility for child care;
κ2023 Statutes of Nevada, Page 1138 (CHAPTER 197, AB 114)κ
(b) One member who is a representative of the Division of Public and Behavioral Health of the Department whose duties include responsibility for maternal, child and adolescent health;
(c) One member who is a representative of the Program for Child Care and Development, as defined in NRS 422A.055;
(d) One member who is a representative of the Department of Education;
[(c)] (e) One member who is a representative of the Department of Education whose duties include responsibilities for programs under section 619 or part C of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq. [;] , or a representative of the Department of Health and Human Services whose duties include responsibilities for programs under part C of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.;
[(d)] (f) One member who is a representative of the boards of trustees of the school districts in this State;
[(e)] (g) One member who is a representative of the Nevada System of Higher Education;
[(f)] (h) One member who is a representative of local providers of early childhood education and developmental services;
[(g)] (i) One member who is a representative of a public school, as defined in NRS 385.007, who works with pupils in kindergarten through grade 3;
(j) One member who is a representative of Head Start agencies in this State, including, without limitation, migrant and seasonal Head Start programs and Indian Head Start programs;
[(h)] (k) One member who is appointed or designated pursuant to 42 U.S.C. § 9837b(a)(3)(A);
[(i)] (l) One member who is a representative of the Aging and Disability Services Division of the Department;
[(j)] (m) One member who is a representative of a nonprofit organization located in southern Nevada that provides early childhood [education] programs;
[(k)] (n) One member who is a representative of a nonprofit organization located in northern Nevada that provides early childhood [education] programs;
[(l)] (o) One member who is a representative of the pediatric mental, physical or behavioral health care industry;
(p) One member who is a representative of a tribal organization, with consideration given to an enrolled member of a Nevada Indian tribe;
(q) At least one member who is a parent or guardian of a child less than 8 years of age and who has participated in one or more federal or state early childhood programs, including, without limitation:
(1) The Program for Child Care and Development administered by the Division of Welfare and Supportive Services of the Department pursuant to chapter 422A of NRS;
κ2023 Statutes of Nevada, Page 1139 (CHAPTER 197, AB 114)κ
(2) Head Start or Early Head Start;
(3) Nevada Home Visiting Program in the Department;
(4) Nevada Ready! State Pre-K program in the Department of Education; or
(5) The Special Supplemental Nutrition Program for Women, Infants and Children in the United States Department of Agriculture; and
[(m)] (r) Such other members as the Governor determines are appropriate.
2. In making the appointment of any member pursuant to paragraph (q) of subsection 1, the Governor, to the extent practicable, must give preference to a parent or guardian who represents a diverse population of this State.
3. The Council shall:
(a) Work to strengthen state-level coordination and collaboration among the various sectors and settings of early childhood [education] programs.
(b) Conduct periodic statewide assessments of needs relating to the quality and availability of programs and services for children who are in early childhood [education] programs.
(c) Identify opportunities for and barriers to coordination and collaboration among early childhood [education] programs funded in whole or in part by the Federal Government, the State or a local government.
(d) Develop recommendations for:
(1) Increasing the participation of children in early childhood [education] programs funded in whole or in part by the Federal Government, the State or a local government, including, without limitation, providing information on such programs to underrepresented and special populations;
(2) The establishment or improvement of core elements of the early childhood system in this State, including, without limitation, a statewide unified system for collecting data relating to early childhood [education] programs;
(3) A statewide professional development system for teachers engaged in early childhood education; and
(4) The establishment of statewide standards for early childhood [education] programs in this State.
(e) Assess the capacity and effectiveness of institutions of higher education in this State in developing teachers in the field of early childhood education.
(f) Establish, in cooperation with the State Board of Education, guidelines for evaluating the school readiness of children. The guidelines must:
(1) Be based on national school readiness indicators;
(2) Address the following components of school readiness:
(I) Physical and developmental health;
(II) Social and emotional development;
(III) Approaches to learning;
κ2023 Statutes of Nevada, Page 1140 (CHAPTER 197, AB 114)κ
(IV) Language and early literacy development; and
(V) Cognition and general knowledge.
(g) Develop recommendations for increasing parental involvement and family engagement in early childhood [education] programs.
(h) Perform such other duties relating to early childhood [education] programs as designated by the Governor.
[3.] 4. On or before December 1 of each year, the Council shall submit a report to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on Health and Human Services and the Joint Interim Standing Committee on Education, if the report is received during an odd-numbered year, or to the next session of the Legislature, if the report is received during an even-numbered year. The report must include, without limitation, a summary of the activities of the Council and any recommendations for improvements to the early childhood system in this State.
[4.] 5. The Council may accept gifts, grants and donations from any source for the support of the Council in carrying out the provisions of this section.
6. As used in this section, early childhood program means any program for children less than 8 years of age pertaining to:
(a) Nutrition;
(b) Health care;
(c) Mental and behavioral health;
(d) Protection; and
(e) Play and learning,
Κ to stimulate physical, cognitive, linguistic, social and emotional development.
________
κ2023 Statutes of Nevada, Page 1141κ
Assembly Bill No. 52Committee on Government Affairs
CHAPTER 198
[Approved: June 5, 2023]
AN ACT relating to governmental administration; revising provisions relating to the determination of a quorum of a public body and the number of votes necessary for a public body to take action; clarifying the applicability of the Open Meeting Law to certain gatherings of the members of a public body; revising the notice requirements for certain meetings of a public body; revising provisions related to abstaining from voting by a member of a public body for certain conflicts of interest; creating exceptions to the Open Meeting Law for certain committees that prepare arguments relating to ballot measures; revising provisions relating to the applicability of the Open Meeting Law to certain foundations; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The Open Meeting Law requires that meetings of public bodies be open to the public, with limited exceptions set forth specifically in statute. (NRS 241.020) With certain exceptions, to constitute a meeting for purposes of the Open Meeting Law, the following two conditions must be met: (1) there must be a gathering of members of a public body at which a quorum is present; and (2) the members must be gathering to deliberate toward a decision or to take action on any matter over which the public body has supervision, control, jurisdiction or advisory power. In addition, a meeting occurs for purposes of the Open Meeting Law when a collective quorum of the members of a public body attend a series of gatherings of less than a quorum of a public body held with the specific intent to avoid the provisions of the Open Meeting Law. A meeting does not occur for purposes of the Open Meeting Law where a quorum of members of a public body receives information from its attorney regarding potential or existing litigation involving a matter over which the public body has supervision, control, jurisdiction or advisory power and deliberate toward a decision, but not take action, on the matter. The Open Meeting Law further provides that a meeting does not occur if there is a gathering or series of gatherings of a quorum of members of a public body: (1) which occurs at a social function if the members do not deliberate toward a decision or take action on a matter over which the public body has supervision, control, jurisdiction or advisory power; or (2) to receive training regarding the legal obligations of the public body if the members do not deliberate toward a decision or take action on a matter over which the public body has supervision, control, jurisdiction or advisory power. Section 4 of this bill makes technical, nonsubstantive changes to reorganize the definition of meeting to make clear that a meeting does not occur for purposes of the Open Meeting Law if the members of a public body, regardless of the presence of an actual or collective quorum of those members, do not deliberate or take action on a matter over which the public body has supervision, control, jurisdiction or advisory power.
For purposes of the Open Meeting Law, a quorum is defined as a simple majority of the membership of a public body unless a different proportion is provided in law for that public body. (NRS 241.015) Under existing law, some public bodies include nonvoting members as well as voting members and, for some such public bodies, existing law specifies whether nonvoting members are counted for purposes of determining a quorum. (See, e.g., NRS 360.010, 360.080) Section 4 specifies that, unless otherwise provided in law for a public body, nonvoting members are not counted for purposes of determining a quorum of that public body. Section 2 of this bill specifies that, unless otherwise provided by specific statute or unless all members of the public body must be elected officials, if a vacancy occurs in the voting membership of a public body, the necessary quorum and number of votes necessary to take action on a matter is reduced as though the voting membership does not include the vacancy.
κ2023 Statutes of Nevada, Page 1142 (CHAPTER 198, AB 52)κ
of the public body must be elected officials, if a vacancy occurs in the voting membership of a public body, the necessary quorum and number of votes necessary to take action on a matter is reduced as though the voting membership does not include the vacancy.
The Open Meeting Law authorizes a public body to conduct a meeting by means of a remote technology system under certain circumstances. (NRS 241.023) Sections 4, 5 and 8 of this bill make conforming changes to include remote technology systems as one of the means by which public bodies conduct meetings.
The Open Meeting Law prohibits, with certain exceptions, a public body from holding a meeting to consider the character, alleged misconduct, professional competence, or physical or mental health of any person, or to consider an appeal by a person of the results of an examination conducted by or on behalf of the public body unless it has given written notice to that person of the time and place of the meeting and received proof of service of the notice. With certain exceptions, the notice is required to be delivered personally to the person or sent by certified mail by certain deadlines. (NRS 241.033) Section 6 of this bill adds to the methods by which such notice may be given and revises the deadlines for providing such notice.
The Open Meeting Law prohibits, with certain exceptions, a public body from holding a meeting to consider whether to: (1) take administrative action against a person; or (2) acquire real property owned by a person by the exercise of the power of eminent domain unless the public body has given written notice to that person of the time and place of the meeting and received proof of service of such notice. With certain exceptions, the notice must be delivered personally to the person or sent by certified mail by certain deadlines. (NRS 241.034) Sections 3 and 7 of this bill: (1) reorganize these provisions; and (2) revise the deadlines for providing such notice. Section 3 adds to the manners by which notice of a meeting to consider whether to take administrative action against a person may be given. Section 4 defines the term administrative action against a person. Sections 16-19 of this bill make conforming changes relating to the reorganization of these provisions.
Under existing law, with certain exceptions, if a public officer on a body or committee abstains from voting on a matter because of certain conflicts of interest, as required by the Nevada Ethics in Government Law, the necessary quorum and the number of votes necessary to act upon the matter is reduced as though the member abstaining were not a member of the body or committee. (NRS 281A.420) The Open Meeting Law provides that in a county whose population is 45,000 or more (currently Carson City and Clark, Douglas, Elko, Lyon, Nye and Washoe Counties), the reduction in the necessary quorum and the number of votes necessary to act upon the matter does not apply to a public body that is required to be composed of elected officials only, unless before abstaining from the vote, the member of the public body receives and discloses the opinion of the legal counsel authorized by law to provide legal advice to the public body that the abstention is required. (NRS 241.0355) Sections 9 and 10 of this bill eliminate the requirement that the member of such a public body receives and discloses the opinion of the legal counsel in order to reduce the necessary quorum and the number of votes necessary to act upon the matter.
Existing law requires the appointment of committees to prepare arguments advocating or opposing approval of statewide ballot measures proposed by initiative or referendum, county ballot measures and city ballot measures. (NRS 293.252, 295.121, 295.217) Under existing law, the provisions of the Open Meeting Law do not apply to any consultations, deliberations, hearings or meetings that are conducted by committees that prepare arguments advocating or opposing approval of county ballot measures. (NRS 295.121) Sections 11 and 12 of this bill also exempt from the Open Meeting Law consultations, deliberations, hearings or meetings that are conducted by: (1) committees that prepare arguments advocating or opposing approval of statewide ballot measures proposed by initiative or referendum; and (2) committees that prepare arguments advocating or opposing approval of city ballot measures. Section 5 of this bill makes a conforming change to indicate these additional exemptions from the Open Meeting Law.
κ2023 Statutes of Nevada, Page 1143 (CHAPTER 198, AB 52)κ
The Open Meeting Law defines a public body to include a library foundation, an educational foundation and a university foundation if the foundation is created in a specified manner. (NRS 241.015) Sections 13 and 14 of this bill clarify that the Open Meeting Law only applies to a library foundation or an educational foundation if the foundation meets the definition of a public body. (NRS 379.1495, 388.750) Section 4 provides that the Open Meeting Law applies to a university foundation.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 241 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Except as otherwise provided in subsection 2 or by specific statute, if a vacancy occurs in the voting membership of a public body, the necessary quorum and number of votes necessary to take action on a matter is reduced as though the voting membership does not include the vacancy.
2. The provisions of subsection 1 do not apply to a public body if all members of the public body must be elected officials.
Sec. 3. 1. Except as otherwise provided in subsection 5, a public body shall not consider at a meeting whether to take administrative action against a person unless the public body has given written notice to that person of the time and place of the meeting.
2. The written notice required pursuant to subsection 1 must be given to the person in one of the following manners:
(a) Delivered personally to that person at least 7 calendar days before the meeting;
(b) Sent by certified mail to the last known address of that person at least 14 calendar days before the meeting;
(c) If the person is represented by an attorney in connection with the matter, delivered personally to the attorney of the person at least 7 calendar days before the meeting; or
(d) If the public body makes decisions directly concerning the employment of the person, delivered personally to the person at his or her place of employment during a time at which the person is required to be present at work that is at least 7 calendar days before the meeting.
3. Except as otherwise provided in this subsection, a public body must receive proof of service of the written notice provided to a person pursuant to this section before the public body may consider the matter relating to that person at a meeting.
4. The written notice provided in this section is in addition to the notice of the meeting provided pursuant to NRS 241.020.
5. The written notice otherwise required pursuant to this section is not required:
(a) If the public body provided written notice to the person pursuant to NRS 241.033 before holding a meeting to consider the character, alleged misconduct, professional competence, or physical or mental health of the person, and the written notice provided pursuant to NRS 241.033 included the informational statement described in paragraph (b) of subsection 2 of that section; or
(b) In an emergency.
κ2023 Statutes of Nevada, Page 1144 (CHAPTER 198, AB 52)κ
6. As used in this section, emergency means an unforeseen circumstance which requires the public body to take immediate action and includes, without limitation:
(a) Disasters caused by fire, flood, earthquake or other natural causes; or
(b) Any impairment of the health and safety of the public.
Sec. 4. NRS 241.015 is hereby amended to read as follows:
241.015 As used in this chapter, unless the context otherwise requires:
1. Action means:
(a) A decision made by a majority of the voting members present, whether in person , by use of a remote technology system or by means of electronic communication, during a meeting of a public body;
(b) A commitment or promise made by a majority of the voting members present, whether in person , by use of a remote technology system or by means of electronic communication, during a meeting of a public body;
(c) If a public body may have a member who is not an elected official, an affirmative vote taken by a majority of the voting members present, whether in person , by use of a remote technology system or by means of electronic communication, during a meeting of the public body; or
(d) If all the members of a public body must be elected officials, an affirmative vote taken by a majority of all the members of the public body.
2. Administrative action against a person means an action that is uniquely personal to the person and includes, without limitation, the potential for a negative change in circumstances to the person. The term does not include the denial of any application where the denial does not change the present circumstance or situation of the person.
3. Deliberate means collectively to examine, weigh and reflect upon the reasons for or against the action. The term includes, without limitation, the collective discussion or exchange of facts preliminary to the ultimate decision.
[3.] 4. Meeting:
(a) Except as otherwise provided in [paragraph] paragraphs (b) [,] and (c), means:
(1) The gathering of members of a public body at which a quorum is present, whether in person, by use of a remote technology system or by means of electronic communication, to deliberate toward a decision or to take action on any matter over which the public body has supervision, control, jurisdiction or advisory power.
(2) Any series of gatherings of members of a public body at which:
(I) Less than a quorum is present, whether in person , by use of a remote technology system or by means of electronic communication, at any individual gathering;
(II) The members of the public body attending one or more of the gatherings collectively constitute a quorum; and
(III) The series of gatherings was held with the specific intent to avoid the provisions of this chapter.
(b) Does not include any gathering or series of gatherings of members of a public body if the members do not deliberate toward a decision or take action on any matter over which the public body has supervision, control, jurisdiction or advisory power.
(c) Does not include a gathering or series of gatherings of members of a public body [, as described in paragraph (a),] at which a quorum is actually or collectively present, whether in person , by use of a remote technology system or by means of electronic communication [:
κ2023 Statutes of Nevada, Page 1145 (CHAPTER 198, AB 52)κ
(1) Which occurs at a social function if the members do not deliberate toward a decision or take action on any matter over which the public body has supervision, control, jurisdiction or advisory power.
(2) To] , to receive information from the attorney employed or retained by the public body regarding potential or existing litigation involving a matter over which the public body has supervision, control, jurisdiction or advisory power and to deliberate toward a decision on the matter, or both.
[(3) To receive training regarding the legal obligations of the public body, including, without limitation, training conducted by an attorney employed or retained by the public body, the Office of the Attorney General or the Commission on Ethics, if at the gathering the members do not deliberate toward a decision or action on any matter over which the public body has supervision, control, jurisdiction or advisory power.
4.] 5. Except as otherwise provided in NRS 241.016, public body means:
(a) Any administrative, advisory, executive or legislative body of the State or a local government consisting of at least two persons which expends or disburses or is supported in whole or in part by tax revenue or which advises or makes recommendations to any entity which expends or disburses or is supported in whole or in part by tax revenue, including, but not limited to, any board, commission, committee, subcommittee or other subsidiary thereof and includes a library foundation as defined in NRS 379.0056 [,] and an educational foundation as defined in subsection 3 of NRS 388.750 , [and a university foundation as defined in subsection 3 of NRS 396.405,] if the administrative, advisory, executive or legislative body is created by:
(1) The Constitution of this State;
(2) Any statute of this State;
(3) A city charter and any city ordinance which has been filed or recorded as required by the applicable law;
(4) The Nevada Administrative Code;
(5) A resolution or other formal designation by such a body created by a statute of this State or an ordinance of a local government;
(6) An executive order issued by the Governor; or
(7) A resolution or an action by the governing body of a political subdivision of this State;
(b) Any board, commission or committee consisting of at least two persons appointed by:
(1) The Governor or a public officer who is under the direction of the Governor, if the board, commission or committee has at least two members who are not employees of the Executive Department of the State Government;
(2) An entity in the Executive Department of the State Government, if the board, commission or committee otherwise meets the definition of a public body pursuant to this subsection; or
(3) A public officer who is under the direction of an agency or other entity in the Executive Department of the State Government, if the board, commission or committee has at least two members who are not employed by the public officer or entity;
(c) A limited-purpose association that is created for a rural agricultural residential common-interest community as defined in subsection 6 of NRS 116.1201; [and]
(d) A subcommittee or working group consisting of at least two persons who are appointed by a public body described in paragraph (a), (b) or (c) if:
κ2023 Statutes of Nevada, Page 1146 (CHAPTER 198, AB 52)κ
(1) A majority of the membership of the subcommittee or working group are members or staff members of the public body that appointed the subcommittee; or
(2) The subcommittee or working group is authorized by the public body to make a recommendation to the public body for the public body to take any action [.
5.] ; and
(e) A university foundation as defined in subsection 3 of NRS 396.405.
6. Quorum means a simple majority of the voting membership of a public body or another proportion established by law.
[6.] 7. Remote technology system means any system or other means of communication which uses any electronic, digital or other similar technology to enable a person from a remote location to attend, participate, vote or take any other action in a meeting, even though the person is not physically present at the meeting. The term includes, without limitation, teleconference and videoconference systems.
[7.] 8. Supporting material means material that is provided to at least a quorum of the members of a public body by a member of or staff to the public body and that the members of the public body would reasonably rely on to deliberate or take action on a matter contained in a published agenda. The term includes, without limitation, written records, audio recordings, video recordings, photographs and digital data.
[8.] 9. Working day means every day of the week except Saturday, Sunday and any day declared to be a legal holiday pursuant to NRS 236.015.
Sec. 5. NRS 241.016 is hereby amended to read as follows:
241.016 1. The meetings of a public body that are quasi-judicial in nature are subject to the provisions of this chapter.
2. The following are exempt from the requirements of this chapter:
(a) The Legislature of the State of Nevada.
(b) Judicial proceedings, including, without limitation, proceedings before the Commission on Judicial Selection and, except as otherwise provided in NRS 1.4687, the Commission on Judicial Discipline.
(c) Meetings of the State Board of Parole Commissioners when acting to grant, deny, continue or revoke the parole of a prisoner or to establish or modify the terms of the parole of a prisoner.
3. Any provision of law, including, without limitation, NRS 91.270, 219A.210, 228.495, 239C.140, 239C.420, 241.028, 281A.350, 281A.690, 281A.735, 281A.760, 284.3629, 286.150, 287.0415, 287.04345, 287.338, 288.220, 288.590, 289.387, 293.252, 295.121, 295.217, 315.98425, 360.247, 388.261, 388.385, 388A.495, 388C.150, 388D.355, 388G.710, 388G.730, 392.147, 392.466, 392.467, 392.4671, 394.1699, 396.1415, 396.3295, 414.270, 422.405, 433.534, 435.610, 442.774, 463.110, 480.545, 622.320, 622.340, 630.311, 630.336, 631.3635, 639.050, 642.518, 642.557, 686B.170, 696B.550, 703.196 and 706.1725, which:
(a) Provides that any meeting, hearing or other proceeding is not subject to the provisions of this chapter; or
(b) Otherwise authorizes or requires a closed meeting, hearing or proceeding,
Κ prevails over the general provisions of this chapter.
4. The exceptions provided to this chapter, and a remote technology system or electronic communication, must not be used to circumvent the spirit or letter of this chapter to deliberate or act, outside of an open and public meeting, upon a matter over which the public body has supervision, control, jurisdiction or advisory powers.
κ2023 Statutes of Nevada, Page 1147 (CHAPTER 198, AB 52)κ
public meeting, upon a matter over which the public body has supervision, control, jurisdiction or advisory powers.
Sec. 6. NRS 241.033 is hereby amended to read as follows:
241.033 1. Except as otherwise provided in subsection 7, a public body shall not hold a meeting to consider the character, alleged misconduct, professional competence, or physical or mental health of any person or to consider an appeal by a person of the results of an examination conducted by or on behalf of the public body unless it has:
(a) Given written notice to that person of the time and place of the meeting; and
(b) Received proof of service of the notice.
2. The written notice required pursuant to subsection 1:
(a) Except as otherwise provided in subsection 3, must be [:] given to the person in one of the following manners:
(1) Delivered personally to that person at least [5 working] 7 calendar days before the meeting; [or]
(2) Sent by certified mail to the last known address of that person at least [21 working] 14 calendar days before the meeting [.] ;
(3) If the person is represented by an attorney in connection with the matter, delivered personally to the attorney of the person at least 7 calendar days before the meeting; or
(4) If the public body makes decisions directly concerning the employment of the person, delivered personally to the person at his or her place of employment during a time at which the person is required to be present at work that is at least 7 calendar days before the meeting.
(b) May, with respect to a meeting to consider the character, alleged misconduct, professional competence, or physical or mental health of a person, include an informational statement setting forth that the public body may, without further notice, take administrative action against the person if the public body determines that such administrative action is warranted after considering the character, alleged misconduct, professional competence, or physical or mental health of the person.
(c) Must include:
(1) A list of the general topics concerning the person that will be considered by the public body during the closed meeting; and
(2) A statement of the provisions of subsection 4, if applicable.
3. The Nevada Athletic Commission is exempt from the requirements of [subparagraphs (1) and (2) of] paragraph (a) of subsection 2, but must give written notice of the time and place of the meeting and must receive proof of service of the notice before the meeting may be held.
4. If a public body holds a closed meeting or closes a portion of a meeting to consider the character, alleged misconduct, professional competence, or physical or mental health of a person, the public body must allow that person to:
(a) Attend the closed meeting or that portion of the closed meeting during which the character, alleged misconduct, professional competence, or physical or mental health of the person is considered;
(b) Have an attorney or other representative of the persons choosing present with the person during the closed meeting; and
(c) Present written evidence, provide testimony and present witnesses relating to the character, alleged misconduct, professional competence, or physical or mental health of the person to the public body during the closed meeting.
κ2023 Statutes of Nevada, Page 1148 (CHAPTER 198, AB 52)κ
5. Except as otherwise provided in subsection 4, with regard to the attendance of persons other than members of the public body and the person whose character, alleged misconduct, professional competence, physical or mental health or appeal of the results of an examination is considered, the chair of the public body may at any time before or during a closed meeting:
(a) Determine which additional persons, if any, are allowed to attend the closed meeting or portion thereof; or
(b) Allow the members of the public body to determine, by majority vote, which additional persons, if any, are allowed to attend the closed meeting or portion thereof.
6. A public body shall provide a copy of any record of a closed meeting prepared pursuant to NRS 241.035, upon the request of any person who received written notice of the closed meeting pursuant to subsection 1.
7. For the purposes of this section:
(a) A meeting held to consider an applicant for employment is not subject to the notice requirements otherwise imposed by this section.
(b) Casual or tangential references to a person or the name of a person during a meeting do not constitute consideration of the character, alleged misconduct, professional competence, or physical or mental health of the person.
(c) A meeting held to recognize or award positive achievements of a person, including, without limitation, honors, awards, tenure and commendations, is not subject to the notice requirements otherwise imposed by this section.
Sec. 7. NRS 241.034 is hereby amended to read as follows:
241.034 1. [Except as otherwise provided in subsection 3:
(a)] A public body shall not consider at a meeting whether to [:
(1) Take administrative action against a person; or
(2) Acquire] acquire real property owned by a person by the exercise of the power of eminent domain [,
Κ] unless the public body has given written notice to that person of the time and place of the meeting.
[(b)] 2. The written notice required pursuant to [paragraph (a)] subsection 1 must be:
[(1)] (a) Delivered personally to that person at least [5 working] 7 calendar days before the meeting; or
[(2)] (b) Sent by certified mail to the last known address of that person at least [21 working] 14 calendar days before the meeting.
Κ A public body must receive proof of service of the written notice provided to a person pursuant to this section before the public body may consider [a] the matter [set forth in paragraph (a) relating to that person] at a meeting.
[2.] 3. The written notice provided in this section is in addition to the notice of the meeting provided pursuant to NRS 241.020.
[3. The written notice otherwise required pursuant to this section is not required if:
(a) The public body provided written notice to the person pursuant to NRS 241.033 before holding a meeting to consider the character, alleged misconduct, professional competence, or physical or mental health of the person; and
(b) The written notice provided pursuant to NRS 241.033 included the informational statement described in paragraph (b) of subsection 2 of that section.]
κ2023 Statutes of Nevada, Page 1149 (CHAPTER 198, AB 52)κ
4. For the purposes of this section, real property shall be deemed to be owned only by the natural person or entity listed in the records of the county in which the real property is located to whom or which tax bills concerning the real property are sent.
Sec. 8. NRS 241.035 is hereby amended to read as follows:
241.035 1. Each public body shall keep written minutes of each of its meetings, including:
(a) The date, time and place of the meeting.
(b) Those members of the public body who were present, whether in person , by use of a remote technology system or by means of electronic communication, and those who were absent.
(c) The substance of all matters proposed, discussed or decided and, at the request of any member, a record of each members vote on any matter decided by vote.
(d) The substance of remarks made by any member of the general public who addresses the public body if the member of the general public requests that the minutes reflect those remarks or, if the member of the general public has prepared written remarks, a copy of the prepared remarks if the member of the general public submits a copy for inclusion.
(e) Any other information which any member of the public body requests to be included or reflected in the minutes.
Κ Unless good cause is shown, a public body shall approve the minutes of a meeting within 45 days after the meeting or at the next meeting of the public body, whichever occurs later.
2. Minutes of public meetings are public records. Minutes or an audio recording of a meeting made in accordance with subsection 4 must be made available for inspection by the public within 30 working days after adjournment of the meeting. A copy of the minutes or audio recording must be made available to a member of the public upon request at no charge. The minutes shall be deemed to have permanent value and must be retained by the public body for at least 5 years. Thereafter, the minutes may be transferred for archival preservation in accordance with NRS 239.080 to 239.125, inclusive. Minutes of meetings closed pursuant to:
(a) Paragraph (a) of subsection 1 of NRS 241.030 become public records when the public body determines that the matters discussed no longer require confidentiality and the person whose character, conduct, competence or health was considered has consented to their disclosure. That person is entitled to a copy of the minutes upon request whether or not they become public records.
(b) Paragraph (b) of subsection 1 of NRS 241.030 become public records when the public body determines that the matters discussed no longer require confidentiality.
(c) Paragraph (c) of subsection 1 of NRS 241.030 become public records when the public body determines that the matters considered no longer require confidentiality and the person who appealed the results of the examination has consented to their disclosure, except that the public body shall remove from the minutes any references to the real name of the person who appealed the results of the examination. That person is entitled to a copy of the minutes upon request whether or not they become public records.
3. All or part of any meeting of a public body may be recorded on audiotape or any other means of sound or video reproduction by a member of the general public if it is a public meeting so long as this in no way interferes with the conduct of the meeting.
κ2023 Statutes of Nevada, Page 1150 (CHAPTER 198, AB 52)κ
4. Except as otherwise provided in subsection 8, a public body shall, for each of its meetings, whether public or closed, record the meeting on audiotape or another means of sound reproduction or cause the meeting to be transcribed by a court reporter who is certified pursuant to chapter 656 of NRS. If a public body makes an audio recording of a meeting or causes a meeting to be transcribed pursuant to this subsection, the audio recording or transcript:
(a) Must be retained by the public body for at least 3 years after the adjournment of the meeting at which it was recorded or transcribed;
(b) Except as otherwise provided in this section, is a public record and must be made available for inspection by the public during the time the recording or transcript is retained; and
(c) Must be made available to the Attorney General upon request.
5. The requirement set forth in subsection 2 that a public body make available a copy of the minutes or audio recording of a meeting to a member of the public upon request at no charge does not prohibit a court reporter who is certified pursuant to chapter 656 of NRS from charging a fee to the public body for any services relating to the transcription of a meeting.
6. A court reporter who transcribes a meeting is not required to provide a copy of any transcript, minutes or audio recording of the meeting prepared by the court reporter directly to a member of the public at no charge.
7. Except as otherwise provided in subsection 8, any portion of a public meeting which is closed must also be recorded or transcribed and the recording or transcript must be retained and made available for inspection pursuant to the provisions of subsection 2 relating to records of closed meetings. Any recording or transcript made pursuant to this subsection must be made available to the Attorney General upon request.
8. If a public body makes a good faith effort to comply with the provisions of subsections 4 and 7 but is prevented from doing so because of factors beyond the public bodys reasonable control, including, without limitation, a power outage, a mechanical failure or other unforeseen event, such failure does not constitute a violation of the provisions of this chapter.
Sec. 9. NRS 241.0355 is hereby amended to read as follows:
241.0355 [1. A] Except as otherwise provided in subsection 5 of NRS 281A.420, a public body that is required to be composed of elected officials only may not take action by vote unless at least a majority of all the members of the public body vote in favor of the action. For purposes of this [subsection,] section, a public body may not count an abstention as a vote in favor of an action.
[2. In a county whose population is 45,000 or more, the provisions of subsection 5 of NRS 281A.420 do not apply to a public body that is required to be composed of elected officials only, unless before abstaining from the vote, the member of the public body receives and discloses the opinion of the legal counsel authorized by law to provide legal advice to the public body that the abstention is required pursuant to NRS 281A.420. The opinion of counsel must be in writing and set forth with specificity the factual circumstances and analysis leading to that conclusion.]
Sec. 10. NRS 281A.420 is hereby amended to read as follows:
281A.420 1. Except as otherwise provided in this section, a public officer or employee shall not approve, disapprove, vote, abstain from voting or otherwise act upon a matter:
(a) Regarding which the public officer or employee has accepted a gift or loan;
κ2023 Statutes of Nevada, Page 1151 (CHAPTER 198, AB 52)κ
(b) In which the public officer or employee has a significant pecuniary interest;
(c) Which would reasonably be affected by the public officers or employees commitment in a private capacity to the interests of another person; or
(d) Which would reasonably be related to the nature of any representation or counseling that the public officer or employee provided to a private person for compensation before another agency within the immediately preceding year, provided such representation or counseling is permitted by NRS 281A.410,
Κ without disclosing information concerning the gift or loan, the significant pecuniary interest, the commitment in a private capacity to the interests of the other person or the nature of the representation or counseling of the private person that is sufficient to inform the public of the potential effect of the action or abstention upon the person who provided the gift or loan, upon the public officers or employees significant pecuniary interest, upon the person to whom the public officer or employee has a commitment in a private capacity or upon the private person who was represented or counseled by the public officer or employee. Such a disclosure must be made at the time the matter is considered. If the public officer or employee is a member of a body which makes decisions, the public officer or employee shall make the disclosure in public to the chair and other members of the body. If the public officer or employee is not a member of such a body and holds an appointive office, the public officer or employee shall make the disclosure to the supervisory head of the public officers or employees organization or, if the public officer holds an elective office, to the general public in the area from which the public officer is elected.
2. The provisions of subsection 1 do not require a public officer to disclose:
(a) Any campaign contributions that the public officer reported in a timely manner pursuant to NRS 294A.120 or 294A.125; or
(b) Any contributions to a legal defense fund that the public officer reported in a timely manner pursuant to NRS 294A.286.
3. Except as otherwise provided in this section, in addition to the requirements of subsection 1, a public officer shall not vote upon or advocate the passage or failure of, but may otherwise participate in the consideration of, a matter with respect to which the independence of judgment of a reasonable person in the public officers situation would be materially affected by:
(a) The public officers acceptance of a gift or loan;
(b) The public officers significant pecuniary interest; or
(c) The public officers commitment in a private capacity to the interests of another person.
4. In interpreting and applying the provisions of subsection 3:
(a) It must be presumed that the independence of judgment of a reasonable person in the public officers situation would not be materially affected by the public officers acceptance of a gift or loan, significant pecuniary interest or commitment in a private capacity to the interests of another person where the resulting benefit or detriment accruing to the public officer, or if the public officer has a commitment in a private capacity to the interests of another person, accruing to the other person, is not greater than that accruing to any other member of any general business, profession, occupation or group that is affected by the matter. The presumption set forth in this paragraph does not affect the applicability of the requirements set forth in subsection 1 relating to the duty of the public officer to make a proper disclosure at the time the matter is considered and in the manner required by subsection 1.
κ2023 Statutes of Nevada, Page 1152 (CHAPTER 198, AB 52)κ
the duty of the public officer to make a proper disclosure at the time the matter is considered and in the manner required by subsection 1.
(b) The Commission must give appropriate weight and proper deference to the public policy of this State which favors the right of a public officer to perform the duties for which the public officer was elected or appointed and to vote or otherwise act upon a matter, provided the public officer makes a proper disclosure at the time the matter is considered and in the manner required by subsection 1. Because abstention by a public officer disrupts the normal course of representative government and deprives the public and the public officers constituents of a voice in governmental affairs, the provisions of this section are intended to require abstention only in clear cases where the independence of judgment of a reasonable person in the public officers situation would be materially affected by the public officers acceptance of a gift or loan, significant pecuniary interest or commitment in a private capacity to the interests of another person.
5. [Except as otherwise provided in NRS 241.0355, if] If a public officer declares to the body or committee in which the vote is to be taken that the public officer will abstain from voting because of the requirements of this section, the necessary quorum to act upon and the number of votes necessary to act upon the matter, as fixed by any statute, ordinance or rule, is reduced as though the member abstaining were not a member of the body or committee.
6. The provisions of this section do not, under any circumstances:
(a) Prohibit a member of a local legislative body from requesting or introducing a legislative measure; or
(b) Require a member of a local legislative body to take any particular action before or while requesting or introducing a legislative measure.
7. The provisions of this section do not, under any circumstances, apply to State Legislators or allow the Commission to exercise jurisdiction or authority over State Legislators. The responsibility of a State Legislator to make disclosures concerning gifts, loans, interests or commitments and the responsibility of a State Legislator to abstain from voting upon or advocating the passage or failure of a matter are governed by the Standing Rules of the Legislative Department of State Government which are adopted, administered and enforced exclusively by the appropriate bodies of the Legislative Department of State Government pursuant to Section 6 of Article 4 of the Nevada Constitution.
8. As used in this section, public officer and public employee do not include a State Legislator.
Sec. 11. NRS 293.252 is hereby amended to read as follows:
293.252 1. For each constitutional amendment or statewide measure proposed by initiative or referendum to be placed on the ballot by the Secretary of State, the Secretary of State shall, pursuant to subsection 4, appoint two committees. Except as otherwise provided in subsection 2, one committee must be composed of three persons who favor approval by the voters of the initiative or referendum and the other committee must be composed of three persons who oppose approval by the voters of the initiative or referendum.
2. If the Secretary of State is unable to appoint three persons who are willing to serve on a committee, the Secretary of State may appoint fewer than three persons to that committee, but the Secretary of State must appoint at least one person to each committee appointed pursuant to this section.
3. With respect to a committee appointed pursuant to this section:
κ2023 Statutes of Nevada, Page 1153 (CHAPTER 198, AB 52)κ
(a) A person may not serve simultaneously on the committee that favors approval by the voters of an initiative or referendum and the committee that opposes approval by the voters of that initiative or referendum.
(b) Members of the committee serve without compensation.
(c) The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the initiative or referendum.
4. The Secretary of State shall consider appointing to a committee pursuant to this section:
(a) Any person who has expressed an interest in serving on the committee; and
(b) A person who is a member of an organization that has expressed an interest in having a member of the organization serve on the committee.
5. A committee appointed pursuant to this section:
(a) Shall elect a chair for the committee;
(b) Shall meet and conduct its affairs as necessary to fulfill the requirements of this section;
(c) May seek and consider comments from the general public;
(d) Shall, based on whether the members were appointed to advocate or oppose approval by the voters of the initiative or referendum, prepare an argument either advocating or opposing approval by the voters of the initiative or referendum;
(e) Shall prepare a rebuttal to the argument prepared by the other committee appointed pursuant to this section;
(f) Shall address in the argument and rebuttal prepared pursuant to paragraphs (d) and (e):
(1) The fiscal impact of the initiative or referendum;
(2) The environmental impact of the initiative or referendum; and
(3) The impact of the initiative or referendum on the public health, safety and welfare; and
(g) Shall submit the argument and rebuttal prepared pursuant to paragraphs (d), (e) and (f) to the Secretary of State not later than the date prescribed by the Secretary of State pursuant to subsection 6.
6. The Secretary of State shall provide, by rule or regulation:
(a) The maximum permissible length of an argument and rebuttal prepared pursuant to this section; and
(b) The date by which an argument and rebuttal prepared pursuant to this section must be submitted by a committee to the Secretary of State.
7. Upon receipt of an argument or rebuttal prepared pursuant to this section, the Secretary of State:
(a) May consult with persons who are generally recognized by a national or statewide organization as having expertise in the field or area to which the initiative or referendum pertains; and
(b) Shall reject each statement in the argument or rebuttal that the Secretary of State believes is libelous or factually inaccurate.
Κ The decision of the Secretary of State to reject a statement pursuant to this subsection is a final decision for the purposes of judicial review. Not later than 5 days after the Secretary of State rejects a statement pursuant to this subsection, the committee that prepared the statement may appeal that rejection by filing a complaint in the First Judicial District Court. The Court shall set the matter for hearing not later than 3 working days after the complaint is filed and shall give priority to such a complaint over all other matters pending before the court, except for criminal proceedings.
κ2023 Statutes of Nevada, Page 1154 (CHAPTER 198, AB 52)κ
8. The Secretary of State may revise the language submitted by a committee pursuant to this section so that it is clear, concise and suitable for incorporation in the sample ballot, but shall not alter the meaning or effect of the language without the consent of the committee.
9. The provisions of chapter 241 of NRS do not apply to any consultations, deliberations, hearings or meetings conducted pursuant to this section.
Sec. 12. NRS 295.217 is hereby amended to read as follows:
295.217 1. For each initiative, referendum, advisory question or other question to be placed on the ballot by the:
(a) Council, including, without limitation, pursuant to NRS 295.215 or 295.230; or
(b) Governing body of a public library or water district authorized by law to submit questions to some or all of the qualified electors or registered voters of the city,
Κ the council shall, in consultation pursuant to subsection 5 with the city clerk or other city officer authorized to perform the duties of the city clerk, appoint two committees. Except as otherwise provided in subsection 2, one committee must be composed of three persons who favor approval by the voters of the initiative, referendum or other question and the other committee must be composed of three persons who oppose approval by the voters of the initiative, referendum or other question.
2. If, after consulting with the city clerk pursuant to subsection 5, the council is unable to appoint three persons willing to serve on a committee, the council may appoint fewer than three persons to that committee, but the council must appoint at least one person to each committee appointed pursuant to this section.
3. With respect to a committee appointed pursuant to this section:
(a) A person may not serve simultaneously on the committee that favors approval by the voters of an initiative, referendum or other question and the committee that opposes approval by the voters of that initiative, referendum or other question.
(b) Members of the committee serve without compensation.
(c) The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the initiative, referendum or other question.
4. The city clerk may establish and maintain a list of the persons who have expressed an interest in serving on a committee appointed pursuant to this section. The city clerk, after exercising due diligence to locate persons who favor approval by the voters of an initiative, referendum or other question to be placed on the ballot or who oppose approval by the voters of an initiative, referendum or other question to be placed on the ballot, may use the names on a list established pursuant to this subsection to:
(a) Make recommendations pursuant to subsection 5; and
(b) Appoint members to a committee pursuant to subsection 1.
5. Before the council appoints a committee pursuant to this section, the city clerk shall:
(a) Recommend to the council persons to be appointed to the committee; and
(b) Consider recommending pursuant to paragraph (a):
(1) Any person who has expressed an interest in serving on the committee; and
κ2023 Statutes of Nevada, Page 1155 (CHAPTER 198, AB 52)κ
(2) A person who is a member of an organization that has expressed an interest in having a member of the organization serve on the committee.
6. If the council fails to appoint a committee as required pursuant to this section, the city clerk shall, in consultation with the city attorney, prepare an argument advocating approval by the voters of the initiative, referendum or other question and an argument opposing approval by the voters of the initiative, referendum or other question. Each argument prepared by the city clerk must satisfy the requirements of paragraph (f) of subsection 7 and any rules or regulations adopted by the city clerk pursuant to subsection 8. The city clerk shall not prepare the rebuttal of the arguments required pursuant to paragraph (e) of subsection 7.
7. A committee appointed pursuant to this section:
(a) Shall elect a chair for the committee;
(b) Shall meet and conduct its affairs as necessary to fulfill the requirements of this section;
(c) May seek and consider comments from the general public;
(d) Shall prepare an argument either advocating or opposing approval by the voters of the initiative, referendum or other question, based on whether the members were appointed to advocate or oppose approval by the voters of the initiative, referendum or other question;
(e) Shall prepare a rebuttal to the argument prepared by the other committee appointed pursuant to this section;
(f) Shall address in the argument and rebuttal prepared pursuant to paragraphs (d) and (e):
(1) The anticipated financial effect of the initiative, referendum or other question;
(2) The environmental impact of the initiative, referendum or other question; and
(3) The impact of the initiative, referendum or other question on the public health, safety and welfare; and
(g) Shall submit the argument and rebuttal prepared pursuant to paragraphs (d), (e) and (f) to the city clerk not later than the date prescribed by the city clerk pursuant to subsection 8.
8. The city clerk shall provide, by rule or regulation:
(a) The maximum permissible length of an argument or rebuttal prepared pursuant to this section; and
(b) The date by which an argument or rebuttal prepared pursuant to this section must be submitted by the committee to the city clerk.
9. Upon receipt of an argument or rebuttal prepared pursuant to this section, the city clerk:
(a) May consult with persons who are generally recognized by a national or statewide organization as having expertise in the field or area to which the initiative, referendum or other question pertains; and
(b) Shall reject each statement in the argument or rebuttal that the city clerk believes is libelous or factually inaccurate.
Κ The decision of the city clerk to reject a statement pursuant to this subsection is a final decision for purposes of judicial review. Not later than 5 days after the city clerk rejects a statement pursuant to this subsection, the committee may appeal that rejection by filing a complaint in district court. The court shall set the matter for hearing not later than 3 days after the complaint is filed and shall give priority to such a complaint over all other matters pending with the court, except for criminal proceedings.
κ2023 Statutes of Nevada, Page 1156 (CHAPTER 198, AB 52)κ
10. The city clerk shall place in the sample ballot provided to the registered voters of the city each argument and rebuttal prepared pursuant to this section, containing all statements that were not rejected pursuant to subsection 9. The city clerk may revise the language submitted by the committee so that it is clear, concise and suitable for incorporation in the sample ballot, but shall not alter the meaning or effect without the consent of the committee.
11. If a question is to be placed on the ballot by an entity described in paragraph (b) of subsection 1, the entity must provide a copy and explanation of the question to the city clerk at least 30 days earlier than the date required for the submission of such documents pursuant to subsection 1 of NRS 293.481. This subsection does not apply to a question if the date that the question must be submitted to the city clerk is governed by subsection 3 of NRS 293.481.
12. The provisions of chapter 241 of NRS do not apply to any consultations, deliberations, hearings or meetings conducted pursuant to this section.
Sec. 13. NRS 379.1495 is hereby amended to read as follows:
379.1495 1. A library foundation:
(a) Shall comply with the provisions of chapter 241 of NRS [;] if the library foundation is a public body, as defined in NRS 241.015.
(b) Except as otherwise provided in subsection 2, shall make its records public and open to inspection pursuant to NRS 239.010;
(c) Is exempt from the taxes imposed by NRS 375.020, 375.023 and 375.026 pursuant to subsection 14 of NRS 375.090; and
(d) May allow a trustee or the executive director or other head administrator, or a designee thereof, of the library which it supports to serve as a member of its governing body.
2. A library foundation is not required to disclose the name of any contributor or potential contributor to the library foundation, the amount of his or her contribution or any information which may reveal or lead to the discovery of his or her identity. The library foundation shall, upon request, allow a contributor to examine, during regular business hours, any record, document or other information of the library foundation relating to that contributor.
Sec. 14. NRS 388.750 is hereby amended to read as follows:
388.750 1. An educational foundation:
(a) Shall comply with the provisions of chapter 241 of NRS [;] if the educational foundation is a public body, as defined in NRS 241.015;
(b) Except as otherwise provided in subsection 2, shall make its records public and open to inspection pursuant to NRS 239.010; and
(c) Is exempt from the taxes imposed by NRS 375.020, 375.023 and 375.026 pursuant to subsection 12 of NRS 375.090.
2. An educational foundation is not required to disclose the names of the contributors to the foundation or the amount of their contributions. The educational foundation shall, upon request, allow a contributor to examine, during regular business hours, any record, document or other information of the foundation relating to that contributor.
3. As used in this section, educational foundation means a nonprofit corporation, association or institution or a charitable organization that is:
(a) Organized and operated exclusively for the purpose of supporting one or more kindergartens, elementary schools, junior high or middle schools or high schools, or any combination thereof;
κ2023 Statutes of Nevada, Page 1157 (CHAPTER 198, AB 52)κ
(b) Formed pursuant to the laws of this State; and
(c) Exempt from taxation pursuant to 26 U.S.C. § 501(c)(3).
Sec. 15. (Deleted by amendment.)
Sec. 16. NRS 622A.300 is hereby amended to read as follows:
622A.300 1. To initiate the prosecution of a contested case, the prosecutor shall file a charging document with the regulatory body and serve the licensee with the charging document.
2. The regulatory body shall determine whether the case will be heard by the regulatory body or a hearing panel or officer.
3. The regulatory body or hearing panel or officer shall provide the licensee with written notice of the case pursuant to NRS 233B.121 and [241.034.] section 3 of this act.
4. If the case is heard by a hearing panel or officer, the hearing panel or officer shall follow the procedures established by this chapter and any other applicable statutory and regulatory provisions governing the case. The hearing panel or officer shall prepare written findings and recommendations and serve the findings and recommendations on the parties and the regulatory body for its review.
5. The findings and recommendations of the hearing panel or officer do not become final unless they are approved by the regulatory body after review. In reviewing the findings and recommendations of the hearing panel or officer, the regulatory body may:
(a) Approve the findings and recommendations, with or without modification;
(b) Reject the findings and recommendations and remand the case to the hearing panel or officer;
(c) Reject the findings and recommendations and order a hearing de novo before the regulatory body; or
(d) Take any other action that the regulatory body deems appropriate to resolve the case.
6. If the case is heard by the regulatory body, the regulatory body shall follow the procedures established by this chapter and any other applicable statutory and regulatory provisions governing the case.
7. The regulatory body or the hearing panel or officer, with the approval of the regulatory body, may consolidate two or more cases if it appears that the cases involve common issues of law or fact and the interests of the parties will not be prejudiced by the consolidation.
Sec. 17. NRS 642.518 is hereby amended to read as follows:
642.518 Notwithstanding the provisions of chapter 622A of NRS:
1. If the Board finds that probable cause exists for the revocation of a license, permit or certificate issued by the Board pursuant to the provisions of this chapter or chapter 451 or 452 of NRS, and that enforcement of the provisions of this chapter or chapter 451 or 452 of NRS requires immediate suspension of the license, permit or certificate pending an investigation, the Board may, upon 5 days written notice and a preliminary hearing, enter an order suspending the license, permit or certificate for a period of not more than 60 days, pending a hearing upon the revocation of the license, permit or certificate.
2. For the purposes of this section, notice shall be deemed to be sufficient if the notice is personally served on the holder of the license, permit or certificate or posted at the address of the holder, as indicated in the records of the Board, at least 5 days before the preliminary hearing.
κ2023 Statutes of Nevada, Page 1158 (CHAPTER 198, AB 52)κ
3. The provisions of [NRS 241.034] section 3 of this act do not apply to any action that is taken by the Board pursuant to this section.
Sec. 18. NRS 642.557 is hereby amended to read as follows:
642.557 Notwithstanding the provisions of chapter 622A of NRS:
1. If the Board has reasonable cause to believe that any person is violating or is threatening to or intends to violate any provision of this chapter or chapter 440, 451 or 452 of NRS, any regulation adopted by the Board pursuant thereto or any order of the Board, the Board may enter an order requiring the person to desist or refrain from engaging in the violation.
2. The provisions of [NRS 241.034] section 3 of this act do not apply to any action that is taken by the Board pursuant to this section.
Sec. 19. NRS 654.190 is hereby amended to read as follows:
654.190 1. The Board may, after notice and an opportunity for a hearing as required by law, impose an administrative fine of not more than $10,000 for each violation on, recover reasonable investigative fees and costs incurred from, suspend, revoke, deny the issuance or renewal of or place conditions on the license of, and place on probation or impose any combination of the foregoing on any licensee who:
(a) Is convicted of a felony relating to the practice of administering a nursing facility or residential facility or of any offense involving moral turpitude.
(b) Has obtained his or her license by the use of fraud or deceit.
(c) Violates any of the provisions of this chapter.
(d) Aids or abets any person in the violation of any of the provisions of NRS 449.029 to 449.2428, inclusive, as those provisions pertain to a facility for skilled nursing, facility for intermediate care or residential facility for groups.
(e) Violates any regulation of the Board prescribing additional standards of conduct for licensees, including, without limitation, a code of ethics.
(f) Engages in conduct that violates the trust of a patient or resident or exploits the relationship between the licensee and the patient or resident for the financial or other gain of the licensee.
2. If a licensee requests a hearing pursuant to subsection 1, the Board shall give the licensee written notice of a hearing pursuant to NRS 233B.121 and [241.034.] section 3 of this act. A licensee may waive, in writing, his or her right to attend the hearing.
3. The Board may compel the attendance of witnesses or the production of documents or objects by subpoena. The Board may adopt regulations that set forth a procedure pursuant to which the Chair of the Board may issue subpoenas on behalf of the Board. Any person who is subpoenaed pursuant to this subsection may request the Board to modify the terms of the subpoena or grant additional time for compliance.
4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
5. The expiration of a license by operation of law or by order or decision of the Board or a court, or the voluntary surrender of a license, does not deprive the Board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.
Sec. 20. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 1159κ
Assembly Bill No. 132Assemblymen Cohen; and Orentlicher
CHAPTER 199
[Approved: June 5, 2023]
AN ACT relating to public health; requiring the Clark County Board of County Commissioners to establish a Regional Opioid Task Force to study certain issues relating to opioid overdose fatalities; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill requires the Clark County Board of County Commissioners to establish a Regional Opioid Task Force to review data relating to opioid overdose fatalities and near fatalities and use such data to address gaps in community services relating to opioids and opioid overdose fatalities. This bill also requires the Clark County Board of County Commissioners to appoint the members to the Task Force who must be certain persons, represent certain organizations or agencies or have expertise in certain areas. This bill further requires the Task Force to submit a report to the Governor and Director of the Legislative Counsel Bureau with a summary of the work of the Task Force and recommendations for legislation.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The Clark County Board of County Commissioners shall establish a Regional Opioid Task Force, consisting of the following members appointed by the Clark County Board of County Commissioners:
(a) One member who represents a social services agency in Clark County;
(b) One member who represents the Department of Family Services of Clark County;
(c) One member who represents the Department of Juvenile Justice Services of Clark County;
(d) One member who represents the Southern Nevada Health District;
(e) One member with experience in the field of public health epidemiology selected from a list of nominees submitted by the Southern Nevada Health District;
(f) One member with experience in the field of primary health care;
(g) One member with experience in the field of mental health;
(h) One member who represents the Clark County School District;
(i) One member who represents law enforcement selected from a list of nominees submitted by the Las Vegas Metropolitan Police Department;
(j) One member with experience in the field of behavioral health;
(k) One member with experience in the field of addiction medicine;
(l) One member who represents a provider of emergency medical services in Clark County;
(m) One member who represents public health educators or community health workers who represent or serve persons with limited-English proficiency;
κ2023 Statutes of Nevada, Page 1160 (CHAPTER 199, AB 132)κ
(n) One member who represents a substance use disorder prevention coalition in Clark County; and
(o) The Clark County coroner or his or her designee.
2. The Task Force shall:
(a) Review data relating to opioid overdose fatalities and near fatalities in the county to identify gaps in community services relating to opioids and opioid overdose fatalities;
(b) Identify existing statewide and community databases that contain information relating to harm reduction and substance use to assist in identifying gaps in community services and developing targeted interventions relating to opioids; and
(c) Ensure any data reviewed by the Task Force is comprised of multiple sources and databases.
3. After reviewing data pursuant to subsection 2, the Task Force may elect to conduct:
(a) A systemic review of opioid overdose fatalities occurring on or after October 1, 2023, as necessary to determine the responsiveness of community services; or
(b) A review of opioid overdose fatalities in the zip codes of Clark County with the highest numbers of opioid overdose fatalities.
4. In addition to the requirements of subsection 2, the Task Force shall identify:
(a) Any trends in the social determinants of health relating to opioid overdose fatalities; and
(b) Opportunities for collaboration to leverage existing resources to prevent opioid overdose fatalities, prevent substance misuse and promote recovery for persons with addictive disorders.
5. Beginning not later than January 1, 2024, the Task Force shall meet not less than once each quarter. The meetings of the Task Force must be conducted in accordance with the provisions of chapter 241 of NRS.
6. The Clark County Board of County Commissioners shall ensure that there is sufficient staffing to support the administrative needs of the Task Force.
7. On or before December 30, 2024, the Task Force shall submit a report to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the 83rd Session of the Legislature which includes a summary of the work of the Task Force and any recommendations for legislation.
Sec. 2. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 3. This act becomes effective on October 1, 2023, and expires by limitation on December 31, 2024.
________