[Rev. 3/13/2024 9:51:11 AM]
κ2023 Statutes of Nevada, Page 2383κ
Senate Bill No. 98Committee on Finance
CHAPTER 399
[Approved: June 14, 2023]
AN ACT relating to education; revising provisions relating to annual reports of accountability for public schools; revising provisions relating to the Education Stabilization Account; revising provisions relating to the Commission on School Funding; requiring the Commission to conduct interim studies on school funding and accountability for school funding; making appropriations; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the preparation of an annual report of accountability for each school district and sponsor of charter schools in this State, as well as for all public schools in the State as a whole. (NRS 385A.010-385A.520) Existing law imposes certain duties on the Superintendent of Public Instruction relating to the accountability of public schools. (NRS 385A.080) Section 3.3 of this bill additionally requires the Superintendent to establish metrics of performance for public schools for each grade and, along with each school district and charter school, publish such metrics on their respective Internet websites and report data on such metrics to the Governor, State Board of Education and Director of the Legislative Counsel Bureau for transmission to the Joint Interim Standing Committee on Education.
Existing law creates the Education Stabilization Account in the State Education Fund and allows the Interim Finance Committee to authorize the transfer of money in the Account to the State Education Fund if actual enrollment growth in a fiscal year exceeds projected enrollment growth or if the collection of revenue in a fiscal year results in the State Education Fund receiving 97 percent or less of the money authorized for expenditure from the State Education Fund. (NRS 387.1213) Section 3.5 of this bill additionally authorizes the Interim Finance Committee to transfer money from the Account to the State Education Fund if: (1) money deposited in the State Education Fund was found by an audit to have been deposited in error; or (2) an error in the application of the Pupil-Centered Funding Plan by the Department of Education creates a shortfall in the State Education Fund.
Existing law creates the Commission on School Funding and authorizes the Commission to meet only between July 1 of an odd-numbered year and September 30 of the subsequent even-numbered year. (NRS 387.1246) Section 4 of this bill: (1) requires the Commission to meet monthly; (2) authorizes the Commission to meet in person or, at the discretion of the Chair of the Commission, by use of a remote technology system; (3) authorizes the Commission to meet between July 1 of an odd-numbered year and December 31 of the subsequent even-numbered year; and (4) authorizes the Commission to also meet during any regular or special session of the Legislature, if requested to do so by the chair of the Senate Standing Committee on Education, Assembly Standing Committee on Education, Senate Standing Committee on Finance, Assembly Standing Committee on Ways and Means or Interim Finance Committee. Section 4.5 of this bill expands the duties of the Commission by requiring the Commission to: (1) review the academic progress made by pupils in each public school; and (2) review and consider strategies to improve the accessibility and ensure the equitability of existing and new programs within and between public schools. Section 7.5 of this bill: (1) expires the terms of incumbent members of the Commission on June 30, 2023; (2) requires the appointment or reappointment of members of the Commission on or before July 1, 2023, to staggered terms; and (3) requires the Commission to hold its first meeting during Fiscal Year 2023-2024 on or before September 1, 2023.
κ2023 Statutes of Nevada, Page 2384 (CHAPTER 399, SB 98)κ
Section 7 of this bill requires the Commission to conduct interim studies on school funding and school accountability. Section 7 requires the interim study on school funding to examine topics relating to: (1) the funding of building improvement and modernization projects by small school districts; (2) the number of professional educators graduating from institutions of higher education in this State; (3) the classification and compensation of professional educators and support personnel at public schools; and (4) changes to the laws governing sales and use tax and property tax to fully fund public schools in this State at an optimal level of funding. Section 7 requires the interim study on school accountability to include recommendations for performance metrics to assess the impact of increased investments in K-12 public education and accountability measures to ensure the effective use of such investments. Section 6 of this bill appropriates $500,000 from the State General Fund to the Commission for the cost of the studies required by section 7. Sections 6.3 and 6.5 of this bill appropriate money for the payment of travel and per diem expenses for members of the Commission on School Funding and employees of the Department of Education, respectively, for attending meetings of the Commission.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-3. (Deleted by amendment.)
Sec. 3.3. NRS 385A.080 is hereby amended to read as follows:
385A.080 1. The Superintendent of Public Instruction shall:
(a) Prescribe forms for the reports required pursuant to NRS 385A.070 and provide the forms to the respective school districts, the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school.
(b) Provide statistical information and technical assistance to the school districts, the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school to ensure that the reports provide comparable information with respect to each school in each district, each charter school and among the districts and charter schools throughout this State.
(c) Consult with a representative of the:
(1) Nevada State Education Association;
(2) Nevada Association of School Boards;
(3) Nevada Association of School Administrators;
(4) Nevada Parent Teacher Association;
(5) Budget Division of the Office of Finance;
(6) Legislative Counsel Bureau; and
(7) Charter School Association of Nevada,
Κ concerning the program adopted pursuant to subsection 1 of NRS 385A.070 and consider any advice or recommendations submitted by the representatives with respect to the program.
(d) Establish metrics of performance for public schools for each grade which include, without limitation, metrics for:
(1) The growth and proficiency of pupils in literacy, mathematics and science;
(2) The engagement and proficiency of pupils in courses for college and career readiness; and
κ2023 Statutes of Nevada, Page 2385 (CHAPTER 399, SB 98)κ
(3) The retention and recruitment of teachers and education support professionals.
2. The Superintendent of Public Instruction may consult with representatives of parent groups other than the Nevada Parent Teacher Association concerning the program adopted pursuant to subsection 1 of NRS 385A.070 and consider any advice or recommendations submitted by the representatives with respect to the program.
3. The Superintendent of Public Instruction and each school district and charter school shall:
(a) Publish the metrics established pursuant to paragraph (d) of subsection 1 on their respective Internet websites; and
(b) On or before October 1 of each year, report data relating to each metric established pursuant to paragraph (d) of subsection 1 to the Governor, the State Board and the Director of the Legislative Counsel Bureau for transmission to the Joint Interim Standing Committee on Education.
Sec. 3.5. NRS 387.1213 is hereby amended to read as follows:
387.1213 1. The Education Stabilization Account is hereby created in the State Education Fund. Except as otherwise provided in subsections 3 and 4, each year after the close of the previous fiscal year and before the issuance of the State Controllers annual report, each county school district shall transfer from the county school district fund to the Education Stabilization Account any amount by which the budgeted ending fund balance of the county school district fund exceeds 16.6 percent of the total budgeted expenditures for the fund. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.
2. Money transferred pursuant to subsection 1 to the Education Stabilization Account is a continuing appropriation solely for the purpose of authorizing the expenditure of the transferred money for the purposes set forth in this section.
3. The balance in the Education Stabilization Account must not exceed 15 percent of the total of all appropriations and authorizations from the State Education Fund, excluding the Education Stabilization Account, for the immediately preceding fiscal year. Any money transferred to the Education Stabilization Account which exceeds this amount must instead be transferred to the State Education Fund.
4. If the Interim Finance Committee finds that:
(a) Upon submission of a request from the Department, the actual enrollment growth for a fiscal year exceeds the projected enrollment growth by an amount that the Interim Finance Committee determines would make a transfer of money to the State Education Fund necessary to fund the excess enrollment; [or]
(b) The collection of revenue in any fiscal year will result in the State Education Fund receiving 97 percent or less of the money authorized for expenditure from the State Education Fund [,] ;
(c) Upon submission of a request from the Department, any amount of money which was deposited in the State Education Fund is found by an audit to have been deposited in error; or
κ2023 Statutes of Nevada, Page 2386 (CHAPTER 399, SB 98)κ
(d) Upon submission of a request from the Department, any error in the application of the Pupil-Centered Funding Plan by the Department has created a shortfall in the State Education Fund,
Κ the Committee shall by resolution establish an amount of money to transfer from the Education Stabilization Account to the State Education Fund and direct the State Controller to transfer that amount to the State Education Fund. The State Controller shall thereupon make the transfer.
5. The balance remaining in the State Education Fund, excluding the balance remaining in the Education Stabilization Account, that has not been committed for expenditure on or before June 30 of an odd-numbered fiscal year must be transferred to the Education Stabilization Account to the extent that such a transfer would not cause the balance in the Education Stabilization Account to exceed the limit established in subsection 3.
Sec. 4. NRS 387.1246 is hereby amended to read as follows:
387.1246 1. The Commission on School Funding, consisting of 11 members, is hereby created.
2. The Commission consists of the following members, who may not be Legislators:
(a) One member appointed by the Governor, who serves as Chair;
(b) Two members appointed by the Majority Leader of the Senate;
(c) Two members appointed by the Speaker of the Assembly;
(d) One member appointed by the Minority Leader of the Senate;
(e) One member appointed by the Minority Leader of the Assembly;
(f) Two members appointed by the Governor, each of whom is the chief financial officer of a school district in this State which has more than 40,000 pupils enrolled in its public schools, nominated by the Nevada Association of School Superintendents or its successor organization; and
(g) Two members appointed by the Governor, each of whom is the chief financial officer of a school district in this State which has 40,000 or fewer pupils enrolled in its public schools, nominated by the Nevada Association of School Superintendents or its successor organization.
Κ In making appointments to the Commission, the appointing authorities shall consider whether the membership generally reflects the geographic distribution of pupils in the State.
3. Each member of the Commission must:
(a) Be a resident of this State;
(b) Not have been registered as a lobbyist pursuant to NRS 218H.200 for a period of at least 2 years immediately preceding appointment to the Commission;
(c) Have relevant experience in public education;
(d) Have relevant experience in fiscal policy, school finance or similar or related financial activities;
(e) Have the education, experience and skills necessary to effectively execute the duties and responsibilities of a member of the Commission; and
(f) Have demonstrated ability in the field of economics, taxation or other discipline necessary to school finance and be able to bring knowledge and professional judgment to the deliberations of the Commission.
4. Each member of the Commission serves a term of 3 years and may be reappointed to additional terms.
κ2023 Statutes of Nevada, Page 2387 (CHAPTER 399, SB 98)κ
5. Each member may be removed by the appointing authority for good cause. A vacancy on the Commission must be filled in the same manner as the original appointment.
6. The Commission shall:
(a) Elect a Vice Chair from among its members at its first meeting for a term of 3 years. A vacancy in the office of Vice Chair must be filled by the Commission by election for the remainder of the existing term.
(b) Adopt such rules governing the conduct of the Commission as it deems necessary.
(c) [Hold its first meeting on or before October 1, 2019,] Meet at least once each month and hold such [additional] number of meetings as may be necessary to accomplish the tasks assigned to it in the time allotted.
(d) Meet in person or, at the discretion of the Chair in consultation with the Superintendent of Public Instruction based on the items on the agenda for a meeting, by use of a remote technology system, as defined in NRS 241.015.
7. A majority of the members of the Commission constitutes a quorum and a majority of those present must concur in any decision.
8. The Department shall provide the Commission with meeting rooms, data processing services and administrative and clerical assistance. The Superintendent of Public Instruction and Office of Finance shall jointly provide the Commission with professional staff services.
9. While engaged in the business of the Commission, each member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
10. The Commission may meet only [between] :
(a) Between July 1 of an odd-numbered year and [September 30] December 31 of the subsequent even-numbered year [.] ; or
(b) During any regular or special session of the Legislature, if requested to do so by the chair of the:
(1) Senate Standing Committee on Education;
(2) Assembly Standing Committee on Education;
(3) Senate Standing Committee on Finance;
(4) Assembly Standing Committee on Ways and Means; or
(5) Interim Finance Committee.
Sec. 4.5. NRS 387.12463 is hereby amended to read as follows:
387.12463 1. The Commission shall:
(a) Provide guidance to school districts and the Department on the implementation of the Pupil-Centered Funding Plan.
(b) Monitor the implementation of the Pupil-Centered Funding Plan and make any recommendations to the Joint Interim Standing Committee on Education that the Commission determines would, within the limits of appropriated funding, improve the implementation of the Pupil-Centered Funding Plan or correct any deficiencies of the Department or any school district or public school in carrying out the Pupil-Centered Funding Plan.
(c) Review the statewide base per pupil funding amount, the adjusted base per pupil funding for each school district and the multiplier for weighted funding for each category of pupils appropriated by law pursuant to NRS 387.1214 for each biennium and recommend any revisions the Commission determines to be appropriate to create an optimal level of funding for the public schools in this State, including, without limitation, by recommending the creation or elimination of one or more categories of pupils to receive additional weighted funding.
κ2023 Statutes of Nevada, Page 2388 (CHAPTER 399, SB 98)κ
pupils to receive additional weighted funding. If the Commission makes a recommendation pursuant to this paragraph which would require more money to implement than was appropriated from the State Education Fund in the immediately preceding biennium, the Commission shall also identify a method to fully fund the recommendation within 10 years after the date of the recommendation.
(d) Review the laws and regulations of this State relating to education, make recommendations to the Joint Interim Standing Committee on Education for any revision of such laws and regulations that the Commission determines would improve the efficiency or effectiveness of public education in this State and notify each school district of each such recommendation.
(e) Review and recommend to the Department revisions of the cost adjustment factors for each county established pursuant to NRS 387.1215 and the method for calculating the attendance area adjustment established pursuant to NRS 387.1218.
(f) Review the academic progress made by pupils in each public school since the implementation of the Pupil-Centered Funding Plan, including, without limitation, any changes to the academic progress of such pupils as the result of any additional money provided to each such school by the Pupil-Centered Funding Plan. In performing such a review, the Commission shall:
(1) Use metrics to measure the academic achievement of pupils which include, without limitation:
(I) The rate of graduation of pupils from high school by type of diploma;
(II) The performance of pupils on standardized examinations in math, reading and science;
(III) The number of credentials or other certifications in fields of career and technical education earned by pupils;
(IV) The number of pupils who earn a passing score on an advanced placement examination;
(V) The number of pupils who earn a passing score on an international baccalaureate examination;
(VI) The percentage of pupils in each school who lack a sufficient number of credits to graduate by the end of their 12th grade year;
(VII) The percentage of pupils in each school who drop out;
(VIII) The number of pupils who enroll in higher education upon graduation;
(IX) The number of pupils who enroll in a vocational or technical school or apprenticeship training program;
(X) The attendance rate for pupils;
(XI) The number of violent acts by pupils and disciplinary actions against pupils; and
(XII) Any other metric prescribed by the Commission;
(2) Use metrics to measure the improvement of pupils enrolled in elementary school in literacy which include, without limitation:
(I) The literacy rate for pupils in first, third and fifth grades;
(II) The number of pupils in elementary school who were promoted to the next grade after testing below proficient in reading in the immediately preceding school year, separated by grade level and by level of performance on the relevant test;
κ2023 Statutes of Nevada, Page 2389 (CHAPTER 399, SB 98)κ
(III) The number of schools that employ a licensed teacher designated to serve as a literacy specialist pursuant to NRS 388.159 and the number of schools that fail to employ and designate such a licensed teacher; and
(IV) Any other metric prescribed by the Commission;
(3) Use metrics to measure the ability of public schools to hire and retain sufficient staff to meet the needs of the public schools which include, without limitation:
(I) The rate of vacancies in positions for teachers, support staff and administrators;
(II) The attendance rate for teachers;
(III) The retention rate for teachers;
(IV) The number of schools and classrooms within each school in which the number of pupils in attendance exceeds the designed capacity for the school or classroom;
(V) The number of classes taught by a substitute teacher for more than 25 percent of the school year; and
(VI) Any other metric prescribed by the Commission;
(4) Use metrics to measure the extent to which schools meet the needs and expectations of pupils, parents or legal guardians of pupils, teachers and administrators which include, without limitation:
(I) The results of an annual survey of satisfaction of school employees;
(II) The results of an annual survey of satisfaction of pupils, parents or legal guardians of pupils and graduates; and
(III) Any other metric prescribed by the Commission;
(5) Identify the progress made by each school, school district and charter school on improving the literacy of pupils enrolled in elementary school;
(6) Make recommendations for strategies to increase the efficacy, efficiency, transparency and accountability of public schools; and
(7) Make recommendations to the Department, school districts and charter schools to improve the reporting, tracking, monitoring, analyzing and dissemination of data relating to pupil achievement and financial accountability, including, without limitation, revisions to the metrics identified in subparagraphs (1) to (4), inclusive.
(g) Review and consider strategies to improve the accessibility and ensure the equitability of existing and new programs for pupils within and between public schools, including, without limitation, open zoning.
2. The Commission shall present any recommendations pursuant to paragraphs (a) to (d), inclusive, of subsection 1 at a meeting of the Joint Interim Standing Committee on Education for consideration and revision by the Committee. The Joint Interim Standing Committee on Education shall review each recommendation of the Commission and determine whether to transmit the recommendation or a revised version of the recommendation to the Governor or the Legislature.
Sec. 5. (Deleted by amendment.)
Sec. 6. 1. There is hereby appropriated from the State General Fund to the Commission on School Funding created by NRS 387.1246 the sum of $500,000 for the cost of conducting the studies required by section 7 of this act.
κ2023 Statutes of Nevada, Page 2390 (CHAPTER 399, SB 98)κ
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2025, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2025.
Sec. 6.3. 1. There is hereby appropriated from the State General Fund to the Department of Education the sum of $10,000 in Fiscal Year 2024-2025 for the payment of travel and per diem expenses for members of the Commission on School Funding created by NRS 387.1246.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2025, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2025.
Sec. 6.5. 1. There is hereby appropriated from the State General Fund to the Department of Education for the payment of travel and per diem expenses for employees of the Department to attend meetings of the Commission on School Funding created by NRS 387.1246 the following sums:
For the Fiscal Year 2023-2024......................................................... $6,200
For the Fiscal Year 2024-2025......................................................... $6,200
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, respectively.
Sec. 7. 1. The Commission on School Funding created by NRS 387.1246 shall conduct an interim study concerning school funding. The study must include, without limitation, an examination of:
(a) Methods to enable small school districts to acquire capital and engage in building improvement and modernization projects, including, without limitation:
(1) The creation of a revolving fund to make loans to small school districts;
κ2023 Statutes of Nevada, Page 2391 (CHAPTER 399, SB 98)κ
(2) The allocation of additional funding to the Nevada State Infrastructure Bank and implementation of changes to statute or regulation as necessary to permit the Nevada State Infrastructure Bank to provide financial assistance to smaller school districts; and
(3) Financial assistance through the Municipal Bond Bank pursuant to NRS 350A.010 to 350A.210, inclusive.
(b) The number of teachers graduating from institutions of higher education in this State each year relative to the number of teacher positions sought to be filled by school districts in this State each year.
(c) The classification and compensation of teachers and support personnel at public schools in this State and whether insufficient compensation is contributing to the difficulty in attracting and retaining teachers and support personnel at public schools.
(d) Recommendations for changes to the laws governing sales and use tax and property tax to fully fund public schools in this State at an optimal level of funding.
2. The Commission on School Funding created by NRS 387.1246 shall conduct an interim study concerning school accountability. The study must include, without limitation, recommendations for performance metrics to assess the impact of increased investments in K-12 public education and accountability measures to ensure the effective use of such investments in K-12 public education.
3. On or before November 15, 2024, the Commission shall submit a report of its findings from the studies performed pursuant to subsections 1 and 2, including, without limitation, any recommendations for legislation, to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the 83rd Session of the Nevada Legislature.
Sec. 7.5. 1. The terms of the members of the Commission on School Funding appointed pursuant to NRS 387.1246 who are incumbent on June 30, 2023, expire on that date.
2. Notwithstanding the provisions of subsection 4 of NRS 387.1246, as amended by section 4 of this act, on or before July 1, 2023:
(a) The Governor shall:
(1) Appoint to the Commission on School Funding to serve initial terms that expire on July 1, 2025:
(I) One member described in paragraph (f) of subsection 2 of NRS 387.1246, as amended by section 4 of this act.
(II) One member described in paragraph (g) of subsection 2 of NRS 387.1246, as amended by section 4 of this act.
(2) Appoint to the Commission on School Funding to serve an initial term that expires on July 1, 2026:
(I) One member described in paragraph (a) of subsection 2 of NRS 387.1246, as amended by section 4 of this act.
(II) One member described in paragraph (f) of subsection 2 of NRS 387.1246, as amended by section 4 of this act.
(III) One member described in paragraph (g) of subsection 2 of NRS 387.1246, as amended by section 4 of this act.
κ2023 Statutes of Nevada, Page 2392 (CHAPTER 399, SB 98)κ
(b) The Majority Leader of the Senate shall:
(1) Appoint to the Commission on School Funding to serve an initial term that expires on July 1, 2025, one member described in paragraph (b) of subsection 2 of NRS 387.1246, as amended by section 4 of this act.
(2) Appoint to the Commission on School Funding to serve an initial term that expires on July 1, 2026, one member described in paragraph (b) of subsection 2 of NRS 387.1246, as amended by section 4 of this act.
(c) The Speaker of the Assembly shall:
(1) Appoint to the Commission on School Funding to serve an initial term that expires on July 1, 2025, one member described in paragraph (c) of subsection 2 of NRS 387.1246, as amended by section 4 of this act.
(2) Appoint to the Commission on School Funding to serve an initial term that expires on July 1, 2026, one member described in paragraph (c) of subsection 2 of NRS 387.1246, as amended by section 4 of this act.
(d) The Minority Leader of the Senate shall appoint to the Commission on School Funding to serve an initial term that expires on July 1, 2026, one member described in paragraph (d) of subsection 2 of NRS 387.1246, as amended by section 4 of this act.
(e) The Minority Leader of the Assembly shall appoint to the Commission on School Funding to serve an initial term that expires on July 1, 2025, one member described in paragraph (e) of subsection 2 of NRS 387.1246, as amended by section 4 of this act.
3. The Governor, Majority Leader of the Senate, Speaker of the Assembly, Minority Leader of the Senate and Minority Leader of the Assembly may reappoint a member of the Commission on School Funding whose term expires on June 30, 2023, if that member meets the qualifications for membership prescribed by subsection 2 of NRS 387.1246, as amended by section 4 of this act.
4. The Commission on School Funding shall hold its first meeting during Fiscal Year 2023-2024 not later than September 1, 2023.
5. As used in this section, Commission on School Funding means the Commission on School Funding created by NRS 387.1246, as amended by section 4 of this act.
Sec. 8. This act becomes effective on July 1, 2023.
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κ2023 Statutes of Nevada, Page 2393κ
Senate Bill No. 290Senators Cannizzaro and Lange
CHAPTER 400
[Approved: June 13, 2023]
AN ACT relating to financial services; requiring a person who provides earned wage access services to obtain a license from the Commissioner of Financial Institutions; imposing certain requirements on such licensees; authorizing the Commissioner, in furtherance of his or her duties with respect to the issuance and renewal of certain licenses, to participate in the Nationwide Multistate Licensing System and Registry; authorizing the Commissioner to take certain actions relating to participation in the Registry; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Sections 2-33.5 of this bill establish provisions relating to businesses that deliver to a person money that represents income that the person has earned but that has not yet been paid to the person. Section 9 of this bill defines employer-integrated earned wage access provider as a person who provides such a service after verifying the earned income of the user through certain data provided by the users employer, or a person who provides payroll services to that employer. Section 3.1 of this bill defines a direct-to-consumer earned wage access provider as a person who provides such a service after verifying the earned income of the user through certain data that is not provided by the users employer or a person who provides payroll services to that employer. Section 10.6 of this bill defines provider to include an employer-integrated earned wage access provider and a direct-to-consumer earned wage access provider.
Section 12 of this bill prohibits a person from engaging in the business of a provider without a license issued by the Commissioner of Financial Institutions. Sections 12-15 of this bill set forth certain requirements for licensure as a provider. Section 16 of this bill requires each holder of a license as a provider to maintain a surety bond. Sections 18-20 of this bill authorize the Commissioner to conduct certain examinations of licensees. Section 21 of this bill requires the Commissioner to: (1) charge a fee for such examinations; (2) employ a certified public accountant to review and conduct independent audits and examinations of licensed providers; and (3) levy an assessment upon each licensed provider to cover the costs related to the employment of the certified public accountant and the performance of the audits and examinations.
Sections 10.1, 13.1-13.3 and 18.1 of this bill enact provisions to govern the licensing of providers through the Nationwide Multistate Licensing System and Registry developed by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators and operated by the State Regulatory Registry, LLC. Under section 37 of this bill, these provisions relating to the Registry become effective on the date that the Commissioner notifies the Governor and the Director of the Legislative Counsel Bureau that the Registry has sufficient capabilities to allow the Commissioner to carry out the provisions of law relating to the issuance and renewal of licenses through the Registry. (Chapter 347, Statutes of Nevada 2021, at page 2030)
Section 13.1 of this bill authorizes the Commissioner to: (1) in furtherance of his or her duties with respect to the issuance and renewal of licenses pursuant to this bill, to participate in the Registry; (2) require an applicant for licensure or a licensee to submit a complete set of fingerprints when the Commissioner determines necessary; and (3) use the services of the Registry to process and to submit the fingerprints to the Federal Bureau of Investigation and certain other federal and state agencies for the purposes of conducting a criminal background check.
κ2023 Statutes of Nevada, Page 2394 (CHAPTER 400, SB 290)κ
purposes of conducting a criminal background check. Section 13.1 also sets forth certain actions that the Commissioner is authorized to take concerning participation in the Registry, including, among others, requiring applicants for or holders of licenses to use the Registry to submit certain information and fees relating to licensure.
Section 13.2 of this bill requires each applicant for the issuance of a license and certain other persons to submit a complete set of fingerprints to the Registry. Section 13.3 of this bill: (1) authorizes the Commissioner to issue a license through the Registry; and (2) provides that, to the extent that the Commissioner has delegated his or her duties with respect to the issuance or renewal of licenses as authorized under the provisions of this bill, references to the Commissioner in provisions of existing law governing the issuance or renewal of such licenses are deemed to be references to the Registry.
Section 17.1 of this bill authorizes the Commissioner to conduct any necessary investigations and hearings to determine whether any licensee or person has violated any provision of this bill or whether any licensee has conducted himself or herself in a manner which requires the suspension, revocation or denial of renewal of his or her license. In conducting such investigation or hearing, section 17.1 authorizes the Commissioner to: (1) require the attendance and testimony of certain persons; (2) compel the production of certain documents; and (3) collect certain fees from each licensee or person.
Section 18.1 of this bill: (1) requires the Commissioner to report to the Registry certain information concerning violations of applicable laws by applicants for licenses and licensees; and (2) authorizes the Commissioner to enter into certain agreements or sharing arrangements with the Conference of State Bank Supervisors, the State Regulatory Registry, LLC, and certain other entities.
Sections 22 and 23 of this bill set forth certain procedures for disciplinary actions against a licensee or person who violates the provisions of this bill. Section 25 of this bill sets forth a process for filing complaints against a licensee. Sections 26 and 27 of this bill require a licensee to submit a notice to and obtain the approval of the Commissioner before taking certain actions. Section 28 of this bill requires a licensee to submit certain information to the Commissioner annually. Section 34 of this bill makes conforming changes relating to the confidentiality of the information collected by a governmental agency related to sections 25 and 28.
Section 29 of this bill sets forth certain requirements for the operation of a provider. Section 31 of this bill, among other things, prohibits a provider from: (1) sharing certain fees, voluntary tips, gratuities or other donations with an employer; and (2) compelling or attempting to compel payment by a user through certain actions.
Section 33 of this bill provides that earned wage access services provided by a provider licensed pursuant to sections 2-33.5 are not a loan or money transmission and are not subject to any provisions of existing law governing loans and money transmitters. Sections 34.5-35.5 of this bill provide that the provisions of existing law governing persons engaged in the business of transmitting money or certain loans do not apply to a provider.
Section 32 of this bill authorizes the Commissioner to adopt regulations for the administration and enforcement of sections 2-33.5. Sections 36 and 36.1 of this bill requires the Commissioner to: (1) on or before December 31, 2025, submit a report to the Legislature containing certain information relating to the regulation of earned wage access services; and (2) prescribe the form and content of an application for a license to provide earned wage access services.
Section 36.2 of this bill authorizes a person who, as of January 1, 2023, was engaged in the business of providing earned wage access services to continue to engage in that business without obtaining a license pursuant to sections 2-33.5 until December 31, 2024, if the person submits an application for such a license before January 1, 2024.
κ2023 Statutes of Nevada, Page 2395 (CHAPTER 400, SB 290)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 52 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 33.5, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 11, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Commissioner means the Commissioner of Financial Institutions.
Sec. 3.1. Direct-to-consumer earned wage access provider means a person who is engaged in the business of providing direct-to-consumer earned wage access services.
Sec. 3.2. Direct-to-consumer earned wage access services means the delivery to a user of an advance of earned but unpaid income based on data that is not employment, income or attendance data obtained directly from an employer or an employers payroll service provider.
Sec. 4. 1. Earned but unpaid income means salary, wages, compensation or other income that:
(a) A user or employer has represented, and a provider has reasonably determined to have been, earned or accrued to the benefit of the user in exchange for the users provision of services to the employer or on behalf of the employer; and
(b) Has not been paid to the user by the employer at the time a provider delivers the payment of the proceeds to a user.
2. The term includes, without limitation, salary, wages, compensation or other income earned:
(a) On an hourly, project-based, piecework or other basis.
(b) Through services rendered as an independent contractor.
Secs. 5 and 6. (Deleted by amendment.)
Sec. 7. 1. Earned wage access services means the delivery to a user of money that represents earned but unpaid income.
2. The term includes both employer-integrated earned wage access services and direct-to-consumer earned wage access services.
Sec. 8. 1. Employer means:
(a) A person who employs a user; or
(b) Any other person who is contractually obligated to pay a user any earned but unpaid income.
2. The term does not include:
(a) A customer of an employer; or
(b) Any other person whose obligation to make a payment of salary, wages, compensation or other income to a user is not based on the provision of services by that user for or on behalf of such person.
Sec. 9. 1. Employer-integrated earned wage access provider means a person who is engaged in the business of offering to provide or providing employer-integrated earned wage access services.
2. The term does not include payroll service providers, including, without limitation, payroll service providers whose role may include verifying the available earnings but who are not contractually obligated to fund earned wage access service proceeds to a user.
κ2023 Statutes of Nevada, Page 2396 (CHAPTER 400, SB 290)κ
verifying the available earnings but who are not contractually obligated to fund earned wage access service proceeds to a user.
Sec. 9.1. Employer-integrated earned wage access services means the delivery to a user of access to earned but unpaid income determined based on employment, income or attendance data obtained directly or indirectly from an employer, including, without limitation, an employers payroll service provider.
Sec. 9.2. 1. Fee includes:
(a) A fee imposed by a provider for delivery or expedited delivery of proceeds to a user; and
(b) A subscription or membership fee imposed by a provider for a bona fide group of services that include earned wage access services.
2. The term does not include a voluntary tip, gratuity or donation.
Sec. 10. Licensee means a person who has been issued one or more licenses to engage in the business of:
1. An employer-integrated earned wage access provider; or
2. A direct-to-consumer earned wage access service provider.
Sec. 10.1. Nationwide Multistate Licensing System and Registry or Registry means a multistate licensing system developed by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators and operated by the State Regulatory Registry, LLC, for the licensing and registration of non-depository financial service entities by participating state agencies, or any successor to the Nationwide Multistate Licensing System and Registry.
Sec. 10.2. Outstanding proceeds means proceeds remitted to a user by a provider that have not yet been repaid to that provider.
Sec. 10.4. Preauthorized electronic fund transfer has the meaning ascribed to it in 12 C.F.R. § 1005.2(k).
Sec. 10.5. Proceeds means a payment delivered to a user by a provider that is based on earned but unpaid income.
Sec. 10.6. 1. Provider means a person who is engaged in the business of providing earned wage access services, including a direct-to-consumer earned wage access provider and an employer-integrated earned wage access provider.
2. The term does not include payroll service providers, including, without limitation, payroll service providers whose role may include verifying available earners but who are not contractually obligated to fund proceeds to a user.
Sec. 11. User means a natural person residing in this State who receives earned wage access services.
Sec. 12. 1. A person shall not engage in the business of a provider unless the person has been issued a license by the Commissioner pursuant to this section.
2. A person who wishes to be licensed as a provider must submit to the Commissioner the application fee established pursuant to subsection 7, and an application, on a form prescribed by the Commissioner, which must contain:
(a) The name and address of the applicant;
(b) A copy of the proposed terms and conditions of use which will govern the provision of earned wage access services by the applicant, which must include, without limitation, a statement by the applicant that he or she will provide services in accordance with the applicable provisions of the federal Electronic Fund Transfer Act 15 U.S.C. §§ 1693 et.
κ2023 Statutes of Nevada, Page 2397 (CHAPTER 400, SB 290)κ
provisions of the federal Electronic Fund Transfer Act 15 U.S.C. §§ 1693 et. seq., and the regulations thereunder;
(c) A copy of the policy of the applicant relating to the privacy of information concerning users;
(d) A schedule of fees proposed to be charged to a user or employer for the provision of earned wage access services, which must include, without limitation, a statement identifying at least one option for a user to obtain earned wage access services from the applicant at no cost to the user;
(e) A statement that the applicant is applying to be licensed as an employer-integrated earned wage access provider or a direct-to-consumer earned wage access provider, or both;
(f) Financial statements of the applicant for the immediately preceding year that have been audited by an independent certified public accountant; and
(g) Any other information required by any regulations adopted by the Commissioner pursuant to section 32 of this act.
3. Upon receipt of the application for licensure and when satisfied that the applicant is entitled thereto, the Commissioner shall notify the applicant of the Commissioners approval of the application and issue to the applicant a license as a provider that contains a unique license number. A licensee shall prominently display the license on the Internet website of the licensee.
4. Except as otherwise provided by regulation of the Commissioner, a license issued pursuant to this section expires on December 31 of each year unless it is earlier surrendered, suspended or revoked.
5. The license may be renewed annually upon approval of the Commissioner if the licensee, on or after November 1 and on or before December 31 of each year, files an application conforming to the requirements for an initial application.
6. An application for the annual renewal of the license must be accompanied by a fee of not more than $1,000. No investigation fee may be charged for the renewal of the license. If the application or fee for renewal is not filed within the required time, the Commissioner may reinstate the expired license if the licensee files the application, submits the fee for renewal and submits a fee of not more than $1,000 for late renewal, if applicable, on or before February 28 of the year following the expiration date of the license.
7. The Commissioner shall adopt regulations establishing the amount of fees required pursuant to this section. The fees for the application, initial license, and license renewal shall not exceed $1,000. All fees collected pursuant to this section must be deposited in the State Treasury pursuant to the provisions of NRS 658.091.
8. A license issued pursuant to this section is not transferrable or assignable.
9. This section does not apply to a depository institution in which the deposits are federally insured up to applicable limits.
Sec. 13. 1. In addition to any other requirements set forth in this chapter, each applicant for licensure as a provider must submit:
(a) Proof satisfactory to the Commissioner that the applicant:
(1) Is competent to transact the business of a provider.
(2) Has not made a false statement on the application for the license.
κ2023 Statutes of Nevada, Page 2398 (CHAPTER 400, SB 290)κ
(3) Has not committed any of the acts specified in subsection 2.
(4) Has not had a license as a provider suspended or revoked within the 10 years immediately preceding the date of the application.
(5) Has not been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude.
(b) If the applicant is a corporation or association:
(1) The name and address of each of the directors, trustees and principals of the corporation and of any stockholder who owns 25 percent or more of the applicants stock;
(2) If required by the Commissioner, a complete set of fingerprints for submission to the Federal Bureau of Investigation and any other governmental agency or entity authorized to receive such information for a state, national or international background check on the criminal history of the principal officers of the corporation or association, which must include a written statement authorizing the Division of Financial Institutions of the Department of Business and Industry to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;
(3) If required by the Commissioner, information concerning the personal history and experience of the principal officers of the corporation or association; and
(4) If required by the Commissioner, information related to any administrative, civil or criminal findings made by any governmental jurisdiction concerning the principal officers of the corporation or association.
(c) If the applicant is a natural person:
(1) Proof satisfactory to the Commissioner that the applicant is at least 21 years of age;
(2) Proof satisfactory to the Commissioner that the applicant is a citizen of the United States or lawfully entitled to work in the United States; and
(3) A complete set of his or her fingerprints and written permission authorizing the Division of Financial Institutions of the Department of Business and Industry to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
2. In addition to any other lawful reasons, the Commissioner may refuse to issue a license to an applicant for licensure as a provider if the applicant:
(a) Has committed or participated in any act for which, if committed or done by a licensee, would be grounds for the suspension or revocation of the license.
(b) Has previously been refused a license pursuant to this chapter or has had such a license suspended or revoked.
(c) Has participated in any act which was a basis for the refusal or revocation of a license pursuant to this chapter.
(d) Has falsified any of the information submitted to the Commissioner in support of the application for the license.
Sec. 13.1. 1. The Commissioner may, in furtherance of his or her duties with respect to the issuance and renewal of licenses pursuant to this chapter, participate in the Nationwide Multistate Licensing System and Registry.
κ2023 Statutes of Nevada, Page 2399 (CHAPTER 400, SB 290)κ
chapter, participate in the Nationwide Multistate Licensing System and Registry. The Commissioner may take any action with respect to participation in the Registry that the Commissioner deems necessary to carry out his or her duties, including, without limitation:
(a) Facilitating and participating in the establishment and implementation of the Registry;
(b) Establishing relationships or contracts with the Registry or other entities designated by the Registry;
(c) Authorizing the Registry to collect and maintain records of applicants for licenses and licensees;
(d) Authorizing the Registry to, on behalf of the Commissioner, collect and process any fees associated with licensure, examinations, fines, assessments and any other similar fees;
(e) Requiring an applicant for a license or a licensee to use the Registry to:
(1) Apply for the issuance or renewal of a license;
(2) Amend or surrender a license;
(3) Submit any reports or the results of any examination that the Commissioner may require;
(4) Pay any applicable fees; and
(5) Engage in any other activity that the Commissioner may require; and
(f) Authorizing the Registry to, on behalf of the Commissioner, collect fingerprints in order to receive or conduct a background check on the criminal history of an applicant for a license or a licensee.
2. The Commissioner may require an applicant for a license or a licensee to submit a complete set of fingerprints when the Commissioner determines necessary. The Commissioner may use the services of the Registry to process and to submit the fingerprints to the Federal Bureau of Investigation, to the Central Repository for Nevada Records of Criminal History, to any federal or state law enforcement agency or to any other entity authorized to receive such information for the purpose of conducting a background check of the criminal history of an applicant for a license or a licensee.
3. An applicant for a license or a licensee shall, in addition to any other fees associated with the license, pay all applicable charges to use the Registry, including, without limitation, any processing charges established by the administrator of the Registry.
4. The Commissioner may adopt any regulations the Commissioner determines to be necessary or appropriate to carry out the provisions of this section. Such regulations may, without limitation, establish additional procedures and requirements for participation in the Registry.
5. The provisions of this section shall not be construed to replace or affect the authority of the Commissioner to grant, deny, suspend, terminate, revoke or refuse to renew a license.
Sec. 13.2. 1. In addition to any other requirements set forth in this chapter, each applicant for the issuance of a license pursuant to this chapter and each owner, officer, director and responsible person of the applicant, each person in control of the applicant and any other person the Commissioner may require in accordance with guidelines of the Registry or other multistate agreements shall submit to the Registry:
κ2023 Statutes of Nevada, Page 2400 (CHAPTER 400, SB 290)κ
(a) A complete set of fingerprints for submission to the Federal Bureau of Investigation and any other governmental agency or entity authorized to receive such information for a state, national and international background check on the criminal history of the person;
(b) Information concerning the personal history, financial history and experience of the person in a form prescribed by the Registry, including, without limitation, an authorization of the person for the Registry and the Commissioner to obtain:
(1) An independent credit report and credit score from a consumer reporting agency described in section 603(f) of the Fair Credit Reporting Act, 15 U.S.C. § 1681a(f), for the purpose of evaluating the financial responsibility of the person at the time of the submission of the application; and
(2) Additional independent credit reports and credit scores to confirm that the person continues to comply with any applicable requirements concerning financial responsibility;
(c) Information related to any administrative, civil or criminal findings made by any governmental jurisdiction concerning the person; and
(d) Any other information concerning the person that the Registry or the Commissioner may require.
2. As used in this section:
(a) Control has the meaning ascribed to it in NRS 682A.047.
(b) Responsible person means a person who is employed by an applicant and who has principal, active managerial authority over the provision of services in this State.
Sec. 13.3. 1. Each licensee shall register with and maintain a valid unique identifier with the Registry.
2. The Commissioner may issue a license through the Registry.
3. To the extent that the Commissioner has delegated to the Registry any of his or her duties with respect to the issuance and renewal of licenses as authorized by the provisions of this chapter, any reference to the Commissioner in this chapter shall be deemed to be a reference to the Registry.
4. As used in this section, unique identifier means a number or other identifier assigned by the protocols established by the Registry.
Sec. 14. 1. In addition to the requirements set forth in sections 12 and 13 of this act, a natural person who applies for the issuance or renewal of a license as a provider shall:
(a) Include the social security number of the applicant in the application submitted to the Commissioner; and
(b) Submit to the Commissioner the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The Commissioner shall include the statement required pursuant to paragraph (b) of subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the Commissioner.
3. A license as a provider may not be issued or renewed by the Commissioner if the applicant:
κ2023 Statutes of Nevada, Page 2401 (CHAPTER 400, SB 290)κ
(a) Fails to submit the statement required pursuant to paragraph (b) of subsection 1; or
(b) Indicates on the statement submitted pursuant to paragraph (b) of subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to paragraph (b) of subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Commissioner shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Sec. 15. 1. If the Commissioner receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license as a provider, the Commissioner shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Commissioner receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Commissioner shall reinstate a license as a provider that has been suspended by a district court pursuant to NRS 425.540 if the Commissioner receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Sec. 16. 1. Each licensee shall have in force a surety bond payable to the State of Nevada in the amount of $35,000.
2. The bond must be in a form satisfactory to the Commissioner, issued by a bonding company authorized to do business in this State and must secure the faithful performance of the obligations of the licensee respecting the provision of earned wage access services.
3. A licensee shall, within 10 days after the commencement of any action or notice of entry of any judgment against the licensee by any creditor or claimant arising out of the business of a provider of earned wage access services in this State, give notice thereof to the Commissioner by registered or certified mail with details sufficient to identify the action or judgment. The surety shall, within 10 days after it pays any claim or judgment to a creditor or claimant, give notice thereof to the Commissioner by certified mail with details sufficient to identify the creditor or claimant and the claim or judgment so paid.
4. Whenever the principal sum of the bond is reduced by recoveries or payments thereon, the licensee shall furnish:
(a) A new or additional bond so that the total or aggregate principal sum of the bonds equals the sum required pursuant to subsection 1; or
κ2023 Statutes of Nevada, Page 2402 (CHAPTER 400, SB 290)κ
(b) An endorsement, duly executed by the surety, reinstating the bond to the required principal sum.
5. The liability of the surety on a bond to a creditor or claimant is not affected by any misrepresentation, breach of warranty, failure to pay a premium or other act or omission of the licensee, or by any insolvency or bankruptcy of the licensee.
6. The liability of the surety continues as to all transactions entered into in good faith by the creditors and claimants with the agents of the licensee within 30 days after:
(a) The death of the licensee or the dissolution or liquidation of the business of the licensee; or
(b) The termination of the bond,
Κ whichever occurs first.
Sec. 17. Each license as a provider shall remain in full force and effect until it expires or is surrendered, revoked or suspended as provided in this chapter and the regulations adopted pursuant thereto.
Sec. 17.1. 1. The Commissioner may conduct any necessary investigations and hearings to determine whether any licensee or other person has violated any of the provisions of this chapter or whether any licensee has conducted himself or herself in a manner which requires the suspension, revocation or denial of renewal of his or her license.
2. In conducting any investigation or hearing pursuant to this chapter, the Commissioner, or any person designated by the Commissioner, may require the attendance and testimony of any person and compel the production of all relevant books, records, accounts and other documents.
Sec. 18. 1. For the purpose of discovering violations of this chapter or securing information lawfully required under this chapter, the Commissioner or his or her duly authorized representative may, at any time, examine the books, accounts, papers and records that are used or created in connection with the activities covered by the license of:
(a) Any licensee;
(b) Any other person engaged in the business of a provider or participating in such business as a principal, agent, broker or otherwise; and
(c) Any person who the Commissioner has reasonable cause to believe is violating or is about to violate any provision of this chapter, whether or not the person claims to be within the authority or beyond the scope of this chapter.
2. For the purposes of examination, the Commissioner or his or her authorized representative shall have and be given reasonable access to the offices and places of business, and the files, safes and vaults of such persons.
3. For the purposes of this section, any person who advertises for, solicits or holds himself or herself out as willing to provide earned wage access services is presumed to be engaged in the business of a provider and must obtain a license from the Commissioner.
4. This section does not entitle the Commissioner or his or her authorized representative to investigate the business or examine the books, accounts, papers or records of any attorney who is not a person described in subsection 1, other than examination of those books, accounts, papers and records maintained by such attorney in his or her capacity as a registered agent, and then only to the extent such books, accounts, papers and records are not subject to any privilege in NRS 49.035 to 49.115, inclusive.
κ2023 Statutes of Nevada, Page 2403 (CHAPTER 400, SB 290)κ
registered agent, and then only to the extent such books, accounts, papers and records are not subject to any privilege in NRS 49.035 to 49.115, inclusive.
Sec. 18.1. 1. Subject to any limitations or restrictions contained in federal or state law governing the privacy or confidentiality of records, the Commissioner shall report regularly any violations of applicable laws committed by applicants for licenses or licensees, enforcement actions and other relevant information to the Registry.
2. The requirements under any federal or state law, including, without limitation, rules of a federal or state court, regarding the privacy and confidentiality of any information or material provided to the Registry and any privilege arising under federal or state law with respect to such information or material, continue to apply to such information or material after it has been disclosed to the Registry. Such information and material may be shared with federal and state regulatory officials with oversight authority over licensees without the loss of privilege or the loss of confidentiality protections provided by federal or state law.
3. The Commissioner may enter into agreements or sharing arrangements with other governmental agencies, the Conference of State Bank Supervisors, the State Regulatory Registry, LLC, or other associations representing governmental agencies.
Sec. 19. 1. The Commissioner may require the attendance of any person and examine him or her under oath regarding:
(a) Any licensee; or
(b) The subject matter of any audit, examination, investigation or hearing.
2. The Commissioner may require the production of books, accounts, papers and records for any audit, examination, investigation or hearing.
Sec. 20. The Commissioner or his or her authorized representative may at least annually make an examination of the place of business of each licensee and of the transactions, books, accounts, papers and records of the person as they pertain to the business of a provider and its activities conducted pursuant to a license issued pursuant to this chapter.
Sec. 21. 1. The Commissioner shall charge and collect from each licensee a fee at the rate established and, if applicable, adjusted pursuant to NRS 658.101 for the cost of any supervision, audit, examination, investigation or hearing conducted pursuant to this chapter or any regulations adopted pursuant thereto.
2. The Commissioner shall employ a certified public accountant to review and conduct independent audits and examinations of licensed providers. The Commissioner shall levy an assessment upon each licensed provider to cover all the costs related to the employment of the certified public accountant and the performance of the audits and examinations.
3. All money collected by the Commissioner pursuant to subsections 1 and 2 must be deposited in the State Treasury pursuant to the provisions of NRS 658.091.
Sec. 22. 1. If the Commissioner finds that probable cause for revocation of a license of a licensee exists and that enforcement of this chapter requires immediate suspension of such a license pending investigation, he or she may, upon 5 days written notice and a hearing, enter an order suspending the license for a period of not more than 20 days, pending a hearing about the revocation.
κ2023 Statutes of Nevada, Page 2404 (CHAPTER 400, SB 290)κ
2. If the Commissioner has reason to believe that grounds for revocation or suspension of a license exists, he or she shall notify the licensee not later than 20 days before the date of the hearing. Such notice must state the contemplated action and, in general, the grounds thereof and set a date for a hearing.
Sec. 23. 1. Whenever the Commissioner has reasonable cause to believe that any person is violating or is threatening to or intends to violate any provision of this chapter, the Commissioner may, in addition to all actions provided for in this chapter and without prejudice thereto, enter an order requiring the person to desist or to refrain from such violation.
2. The Attorney General or the Commissioner may bring an action to enjoin a person from engaging in or continuing a violation or from doing any act or acts in furtherance thereof. In any such action, an order or judgment may be entered awarding a preliminary or final injunction as may be deemed proper.
3. In addition to any other remedy or penalty, the Commissioner may impose an administrative fine of not more than $50,000 upon a person who conducts any business or activity without a license and for which a license is required pursuant to the provisions of this chapter.
Sec. 24. (Deleted by amendment.)
Sec. 25. 1. A user, an attorney for a user or any other person who believes that any provision of this chapter has been violated may file a complaint with the Commissioner. Such a complaint must include:
(a) The full name and address of the person filing the complaint;
(b) A clear and concise statement of facts sufficient to establish that the alleged violation occurred, including, without limitation, the date, time and place of the alleged violation and the name of each person involved in the alleged violation; and
(c) A certification by the person filing the complaint that the facts alleged in the complaint are true to the best knowledge and belief of the person.
2. Upon receipt of a complaint filed pursuant to subsection 1, the Commissioner shall send a copy of the complaint to the accused licensee. The licensee, or an authorized representative of the licensee, shall file a verified answer to the complaint within 10 business days after receipt of the complaint, unless for good cause shown, the Commissioner extends the time for a period of not more than 30 days. If the licensee, or an authorized representative of the licensee, fails to file a verified answer within the time required by this subsection, the licensee shall be deemed to have admitted to the allegations contained in the complaint.
3. The Commissioner may make investigations and conduct hearings concerning complaints filed with the Commissioner pursuant to this section.
4. Except as otherwise provided in this section, a complaint filed with the Commissioner pursuant to subsection 1, all documents and other information filed with the complaint and all documents, reports and other information resulting from the investigation of the complaint are confidential and may be disclosed only as the Commissioner deems necessary to administer the provisions of this chapter.
Sec. 26. 1. A licensee shall not make any of the following changes unless the licensee has obtained the prior approval of the Commissioner in accordance with the provisions of this section:
κ2023 Statutes of Nevada, Page 2405 (CHAPTER 400, SB 290)κ
(a) A change in the ownership of 25 percent or more of the capital stock or other equivalent ownership interest of the licensee;
(b) A change in control of the licensee;
(c) A change in the name of the licensee, including the name under which the licensee is doing business; or
(d) A change in the principal business address of the licensee or in the address of any office of the licensee in this State.
2. A licensee who wishes to make any change described in subsection 1 must, not less than 10 business days before the date on which the change is to occur, submit a notice to the Commissioner. Such notice must include any information that the Commissioner may require.
3. Upon receipt of a notice submitted pursuant to subsection 2, the Commissioner shall approve or disapprove the proposed change. The Commissioner may disapprove a proposed change if, in the reasonable judgment of the Commissioner, the proposed change is inconsistent with the requirements of this chapter. If the Commissioner does not respond to a licensee who submits a notice pursuant to subsection 2, including, without limitation, any request by the Commissioner for additional information from the licensee, within 10 business days of the date on which the notice was submitted, the proposed change shall be deemed approved.
4. As used in this section, control means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policy of the licensee.
Sec. 27. In addition to the notice requirements set forth in section 26 of this act, a licensee must, before making a change in the principal officers or directors of a licensee, submit a notice to the Commissioner within a time period prescribed by the Commissioner. If the submission of such a notice is not possible before the change due to the unilateral resignation of a principal officer or director or other similar circumstance, the licensee must submit to the Commissioner a notice as promptly as possible after such a change. If, in the reasonable judgment of the Commissioner, the change in the principal officers or directors of the licensee is inconsistent with the requirements of this chapter, the Commissioner may require the licensee to take such action as the Commissioner deems necessary to ensure compliance with the provisions of this chapter.
Sec. 28. 1. On or before April 15 of each year, a licensee shall submit to the Commissioner a report containing, as applicable to the licensee:
(a) Except as otherwise provided in subsection 2, financial statements for the immediately preceding year that have been audited by an independent certified public accountant;
(b) A copy of each complaint that has been filed by a user who received earned wage access services in this State in the immediately preceding year against the licensee with the Better Business Bureau or the Consumer Financial Protection Bureau and a description of the resolution, if any, of each such complaint;
(c) The total amount of charges paid by users for earned wage access services in the preceding year in this State;
(d) The total number of users in this State who did not receive earned wage access services in the immediately preceding year but who paid a subscription fee or membership fee imposed by a provider for a bona fide group of services that include earned wage access services, including the total amount of subscription fees and membership fees paid by those users in the immediately preceding year;
κ2023 Statutes of Nevada, Page 2406 (CHAPTER 400, SB 290)κ
subscription fee or membership fee imposed by a provider for a bona fide group of services that include earned wage access services, including the total amount of subscription fees and membership fees paid by those users in the immediately preceding year;
(e) The total number of users in this State who participated in 12 or more earned wage access transfers provided by the licensee in the immediately preceding year; and
(f) Any other information required by the Commissioner pursuant to regulations adopted pursuant to this chapter.
2. If audited financial statements are not available to a licensee on or before April 15 in any year, the licensee may satisfy the requirements of paragraph (a) of subsection 1 by submitting to the Commissioner:
(a) Unaudited financial statements on or before April 15; and
(b) Audited financial statements when such statements become available to the licensee.
3. Except as otherwise provided in this section, all documents and other information filed with the Commissioner are confidential and may be disclosed only as the Commissioner and the licensee mutually deem necessary to administer the provisions of this section.
4. The Commissioner shall annually publish and make available to the public an aggregated and anonymized analysis of the information submitted as required pursuant to this section.
Sec. 29. A provider shall:
1. Develop and implement policies and procedures to respond to questions raised by users and address complaints from users in an expedient manner;
2. Before entering into an agreement with a user for the provision of earned wage access services:
(a) Inform the user of his or her rights under the agreement; and
(b) Fully and clearly disclose all fees associated with the earned wage access services;
3. Allow the user to cancel, at any time and without incurring a fee, his or her participation in an agreement for the provision of earned wage access services;
4. Comply with all local, state and federal privacy and information security laws;
5. If the provider solicits, charges or receives a tip, gratuity or donation from a user:
(a) Conspicuously disclose or cause to be disclosed to the user that any tip, gratuity or donation paid by the user does not inure to the direct benefit of any specific employee of the provider or any other person; and
(b) Conspicuously provide an option for the user to select zero as an amount for such tip, gratuity or donation;
6. If a provider seeks payment of outstanding proceeds, fees or other payments including, without limitation, voluntary tips, gratuities or other donations from a users account at a depository institution, including through a preauthorized electronic fund transfer:
(a) Comply with the applicable provisions of the Federal Electronic Fund Transfer Act and regulations thereunder; and
(b) Reimburse the user for the full amount of any overdraft or non-sufficient funds fee imposed on a user by the users depository institution that were caused by the provider attempting to seek payment of any outstanding proceeds, fees or other payments, including, without limitation, voluntary tips, gratuities or other donations on a date before, or in an incorrect amount from, the date or amount disclosed to the user; and
κ2023 Statutes of Nevada, Page 2407 (CHAPTER 400, SB 290)κ
outstanding proceeds, fees or other payments, including, without limitation, voluntary tips, gratuities or other donations on a date before, or in an incorrect amount from, the date or amount disclosed to the user; and
7. The requirements set forth in paragraphs (a) and (b) of subsection 6 do not apply to any payments of outstanding amounts or fees incurred by a user through fraudulent or other unlawful means.
Sec. 30. (Deleted by amendment.)
Sec. 31. 1. A provider shall not:
(a) Share with an employer any fees, voluntary tips, gratuities or other donations that were received from or charged to a user for earned wage access services;
(b) Use a users consumer credit report, as defined in NRS 686A.630, or a users credit score to determine the users eligibility for earned wage access services;
(c) Charge a late fee, deferral fee, interest or any other penalty or charge for failure to pay outstanding proceeds, fees, voluntary tips, gratuities or other donations;
(d) Report any information about the user regarding the inability of the provider to be repaid outstanding proceeds, fees, voluntary tips, gratuities or any other donations to a consumer agency or debt collector;
(e) Compel or attempt to compel payment by a user of outstanding proceeds, fees, voluntary tips, gratuities or other donations to the provider through any of the following means:
(1) A civil action against the user in any court of competent jurisdiction;
(2) Use of a third party to pursue collection from the user on the providers behalf; or
(3) Sale or assignment of outstanding amounts to a third-party collector or debt buyer for collection from the user.
2. The limitations set forth in paragraph (e) of subsection 1 shall not preclude the use by a provider of any of the foregoing methods specified in paragraph (e) of subsection 1 to compel or attempt to compel payment of outstanding amounts or fees incurred by a user through fraudulent or other unlawful means, nor shall they preclude a provider from pursuing an employer for breach of its contractual obligations to the provider.
Sec. 32. The Commissioner may adopt regulations for the administration and enforcement of this chapter, in addition to and not inconsistent with this chapter. Such regulations may include, without limitation, requirements relating to the retention of records by a provider.
Sec. 33. 1. Nothing in this chapter shall be construed to cause:
(a) Any earned wage access services provided by a licensee in compliance with this chapter to be deemed:
(1) A loan or other form of credit;
(2) As violating or noncompliant with the laws of this State governing the sale or assignment of, or an order of, earned but unpaid income; or
(3) A money transmission, or to be subject to any of the provisions of law governing loans or money transmitters;
(b) Any licensee in compliance with this chapter to be deemed a creditor, lender or money transmitter; and
(c) Any fee provided to a consumer by a provider in compliance of this chapter to be deemed an interest or finance charge.
κ2023 Statutes of Nevada, Page 2408 (CHAPTER 400, SB 290)κ
2. If there is a conflict between the provisions of this chapter and any other statute, the provisions of this chapter control.
Sec. 33.5. The proceeds provided to a consumer by a provider in accordance with this chapter shall not be subject to the provisions of chapter 604A or 675 of NRS. A provider of the proceeds shall not be required to be licensed pursuant to chapters 604A and 675 of NRS unless the provider is conducting business pursuant to chapter 604A or 675 of NRS.
Sec. 34. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 224.240, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 453.720, 458.055, 458.280, 459.
κ2023 Statutes of Nevada, Page 2409 (CHAPTER 400, SB 290)κ
442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2671, 630.2672, 630.2673, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 633.301, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 635.111, 635.158, 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and sections 25 and 28 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.
κ2023 Statutes of Nevada, Page 2410 (CHAPTER 400, SB 290)κ
the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.
4. If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic medium. Nothing in this subsection requires a governmental entity to provide a copy of a public record in an electronic format or by means of an electronic medium if:
(a) The public record:
(1) Was not created or prepared in an electronic format; and
(2) Is not available in an electronic format; or
(b) Providing the public record in an electronic format or by means of an electronic medium would:
(1) Give access to proprietary software; or
(2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.
5. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
Sec. 34.5. NRS 604A.250 is hereby amended to read as follows:
604A.250 The provisions of this chapter do not apply to:
1. Except as otherwise provided in NRS 604A.200, a person doing business pursuant to the authority of any law of this State or of the United States relating to banks, national banking associations, savings banks, trust companies, savings and loan associations, credit unions, mortgage companies, thrift companies or insurance companies, including, without limitation, any affiliate or subsidiary of such a person regardless of whether the affiliate or subsidiary is a bank.
2. A person who is primarily engaged in the retail sale of goods or services who:
(a) As an incident to or independently of a retail sale or service, from time to time cashes checks for a fee or other consideration of not more than $2; and
(b) Does not hold himself or herself out as a check-cashing service.
3. A person while performing any act authorized by a license issued pursuant to chapter 671 of NRS.
4. A person who holds a nonrestricted gaming license issued pursuant to chapter 463 of NRS while performing any act in the course of that licensed operation.
5. A person who is exclusively engaged in a check-cashing service relating to out-of-state checks.
6. A corporation organized pursuant to the laws of this State that has been continuously and exclusively engaged in a check-cashing service in this State since July 1, 1973.
κ2023 Statutes of Nevada, Page 2411 (CHAPTER 400, SB 290)κ
7. A pawnbroker, unless the pawnbroker operates a check-cashing service, deferred deposit loan service, high-interest loan service or title loan service.
8. A real estate investment trust, as defined in 26 U.S.C. § 856.
9. An employee benefit plan, as defined in 29 U.S.C. § 1002(3), if the loan is made directly from money in the plan by the plans trustee.
10. An attorney at law rendering services in the performance of his or her duties as an attorney at law if the loan is secured by real property.
11. A real estate broker rendering services in the performance of his or her duties as a real estate broker if the loan is secured by real property.
12. Any firm or corporation:
(a) Whose principal purpose or activity is lending money on real property which is secured by a mortgage;
(b) Approved by the Federal National Mortgage Association as a seller or servicer; and
(c) Approved by the Department of Housing and Urban Development and the Department of Veterans Affairs.
13. A person who provides money for investment in loans secured by a lien on real property, on his or her own account.
14. A seller of real property who offers credit secured by a mortgage of the property sold.
15. A person who makes a refund anticipation loan, unless the person operates a check-cashing service, deferred deposit loan service, high-interest loan service or title loan service.
16. A person who exclusively extends credit to any person who is not a resident of this State for any business, commercial or agricultural purpose that is located outside of this State.
17. A provider licensed to provide earned wage access services pursuant to the chapter consisting of sections 2 to 33.5, inclusive, of this act.
Sec. 35. NRS 671.020 is hereby amended to read as follows:
671.020 1. This chapter does not apply to any:
(a) Bank, its parent or holding company or any subsidiary thereof, trust company, savings bank, savings and loan association, credit union, industrial bank or industrial loan and investment company, organized and regulated under the laws of this state or of the United States;
(b) Foreign banking corporation licensed to do banking business in this state; [or]
(c) Telegraph company providing a public message service [.] ; or
(d) A provider who is licensed pursuant to the chapter consisting of sections 2 to 33.5, inclusive, of this act.
2. Subsection 1 does not reduce or alter any liability otherwise attaching to the sale, issuance, receipt for transmission or transmission of checks or money in any form.
Sec. 35.5. NRS 675.040 is hereby amended to read as follows:
675.040 This chapter does not apply to:
1. Except as otherwise provided in NRS 675.035, a person doing business under the authority of any law of this State or of the United States relating to banks, national banking associations, savings banks, trust companies, savings and loan associations, credit unions, mortgage companies, thrift companies, pawnbrokers or insurance companies.
κ2023 Statutes of Nevada, Page 2412 (CHAPTER 400, SB 290)κ
2. A real estate investment trust, as defined in 26 U.S.C. § 856.
3. An employee benefit plan, as defined in 29 U.S.C. § 1002(3), if the loan is made directly from money in the plan by the plans trustee.
4. An attorney at law rendering services in the performance of his or her duties as an attorney at law if the loan is secured by real property.
5. A real estate broker rendering services in the performance of his or her duties as a real estate broker if the loan is secured by real property.
6. Except as otherwise provided in this subsection, any firm or corporation:
(a) Whose principal purpose or activity is lending money on real property which is secured by a mortgage;
(b) Approved by the Federal National Mortgage Association as a seller or servicer; and
(c) Approved by the Department of Housing and Urban Development and the Department of Veterans Affairs.
7. A person who provides money for investment in loans secured by a lien on real property, on his or her own account.
8. A seller of real property who offers credit secured by a mortgage of the property sold.
9. A person holding a nonrestricted state gaming license issued pursuant to the provisions of chapter 463 of NRS.
10. A person licensed to do business pursuant to chapter 604A of NRS with regard to those services regulated pursuant to chapter 604A of NRS.
11. A person who exclusively extends credit to any person who is not a resident of this State for any business, commercial or agricultural purpose that is located outside of this State.
12. Except as otherwise required by the Director of the Department of Business and Industry pursuant to NRS 657A.430 or 657A.620, a participant in the Regulatory Experimentation Program for Product Innovation established and administered pursuant to chapter 657A of NRS.
13. A provider of earned wage access services who is licensed to provide earned wage access services pursuant to the chapter consisting of sections 2 to 33.5, inclusive, of this act.
Sec. 36. 1. On or before December 31, 2025, the Commissioner of Financial Institutions shall prepare and submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature which includes an analysis of and any recommendations concerning earned wage access services and potential changes to regulations governing earned wage access services that may be warranted.
2. As used in this section, earned wage access services has the meaning ascribed to it in section 7 of this act.
Sec. 36.1. 1. On or before September 30, 2023, the Commissioner shall prescribe the form and content of an application for a license to provide earned wage access services pursuant to sections 2 to 33.5, inclusive, of this act.
2. As used in this section, earned wage access services has the meaning ascribed to it in section 7 of this act.
Sec. 36.2. 1. Notwithstanding the amendatory provisions of this act, a person who, as of January 1, 2023, was engaged in the business of providing earned wage access services in this State may, until December 31, 2024, continue to engage in the business of providing earned wage access services in this State without obtaining a license pursuant to sections 2 to 33.5, inclusive, of this act if the person submits an application for such a license before January 1, 2024, and otherwise complies with this act.
κ2023 Statutes of Nevada, Page 2413 (CHAPTER 400, SB 290)κ
services in this State without obtaining a license pursuant to sections 2 to 33.5, inclusive, of this act if the person submits an application for such a license before January 1, 2024, and otherwise complies with this act.
2. As used in this section, earned wage access services has the meaning ascribed to it in section 7 of this act.
Sec. 36.4. As soon as practicable after determining that the Nationwide Multistate Licensing System and Registry, as defined in section 10.1 of this act, has sufficient capabilities to allow the Commissioner of Financial Institutions to carry out the amendatory provisions of sections 2 to 33.5, inclusive, of this act, the Commissioner of Financial Institutions shall notify the Governor and the Director of the Legislative Counsel Bureau of that fact, and shall publish notice to the public of that fact on the Internet website of the Division of Financial Institutions of the Department of Business and Industry.
Sec. 37. 1. This section and section 36.4 of this act become effective upon passage and approval.
2. Sections 1 to 10, inclusive, 10.2 to 13, inclusive, 14, 15, 16, 17.1, 18 and 19 to 36.2, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On July 1, 2024, for all other purposes.
3. Sections 10.1, 13.1, 13.2, 13.3 and 18.1 of this act become effective on the date on which the Commissioner of Financial Institutions, pursuant to section 36.4 of this act, notifies the Governor and the Director of the Legislative Counsel Bureau that the Nationwide Multistate Licensing System and Registry, as defined in section 10.1 of this act, has sufficient capabilities to allow the Commissioner to carry out the provisions of sections 2 to 33.5, inclusive, of this act.
4. Section 17 of this act becomes effective on January 1, 2024.
5. Sections 1 to 13, inclusive, and 16 to 36, inclusive, of this act expire by limitation on December 31, 2029.
6. Sections 14 and 15 of this act expire by limitation on the earlier of December 31, 2029, or the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has the authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
(a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(b) Are in arrears in the payment of the support of one or more children,
Κ are repealed by the Congress of the United States.
________
κ2023 Statutes of Nevada, Page 2414κ
Senate Bill No. 99Senator Goicoechea
CHAPTER 401
[Approved: June 14, 2023]
AN ACT making an appropriation to the Desert Research Institute of the Nevada System of Higher Education to support the Nevada State Cloud Seeding Program; and providing other matters properly relating thereto.
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. There is hereby appropriated from the State General Fund to the Desert Research Institute of the Nevada System of Higher Education to support the Nevada State Cloud Seeding Program administered by the Desert Research Institute the following sums:
For the Fiscal Year 2023-2024.................................................... $600,000
For the Fiscal Year 2024-2025.................................................... $600,000
2. The Desert Research Institute shall:
(a) Prepare and transmit a report to the Interim Finance Committee on or before September 1, 2024, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Desert Research Institute through June 30, 2024; and
(b) Prepare and transmit a report to the Interim Finance Committee on or before September 1, 2025, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Desert Research Institute through June 30, 2025.
Sec. 2. Any balance of the sums appropriated by section 1 of this act remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, respectively.
Sec. 3. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 2415κ
Senate Bill No. 110Senators Goicoechea, Buck and Stone
Joint Sponsor: Assemblyman Gurr
CHAPTER 402
[Approved: June 14, 2023]
AN ACT relating to public safety; requiring vehicles operating on certain highways in this State with one lane for traveling in each direction to display daytime running lamps or lighted lamps and illuminating devices under certain circumstances; revising certain provisions governing the requirements for lamps and other equipment on vehicles and implements of husbandry during certain times and conditions; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires every vehicle on a highway of this State, with certain exceptions for parked vehicles, to display lighted lamps and illuminating devices as respectively required for different classes of vehicles during defined conditions: (1) at any time from one-half hour after sunset to one-half hour before sunrise; (2) at any other time when persons and vehicles on the highway are not clearly discernible at a distance of 1,000 feet ahead; and (3) when directed by an official traffic control device. Existing law also prescribes certain requirements for lamps and other equipment on vehicles and implements of husbandry during those times or conditions. (NRS 484D.100, 484D.105, 484D.165, 484D.170, 484D.175, 484D.215, 484D.220, 484D.460) Section 1 of this bill requires that when one of those times or conditions does not apply, every vehicle operating upon a highway of this State that has one lane for traveling in each direction, except for a street, must display the daytime running lamps, as defined by federal regulation, or lighted lamps and illuminating devices while operating on such a highway. (49 C.F.R. § 571.108; NRS 484D.100) Sections 2-8 of this bill make conforming changes to clarify the times and conditions during which the requirements for certain lamps and other equipment on vehicles apply.
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 484D.100 is hereby amended to read as follows:
484D.100 1. Every vehicle upon a highway of this State, subject to exceptions with respect to parked vehicles as stated in chapters 484A to 484E, inclusive, of NRS, must display lighted lamps and illuminating devices as respectively required in this chapter for different classes of vehicles:
(a) At any time from one-half hour after sunset to one-half hour before sunrise;
(b) At any other time when, because of insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 1,000 feet ahead; and
(c) When directed by an official traffic control device.
2. During a time or condition to which subsection 1 is not applicable, every vehicle upon a highway of this State that has one lane for traveling in each direction, except for a street, must display daytime running lamps or lighted lamps and illuminating devices while operating on such a highway.
κ2023 Statutes of Nevada, Page 2416 (CHAPTER 402, SB 110)κ
each direction, except for a street, must display daytime running lamps or lighted lamps and illuminating devices while operating on such a highway.
3. Every vehicle upon a highway must be equipped with stop lights, turn signals and other signaling devices to be lighted in the manner prescribed for the use of such devices.
4. As used in this section, daytime running lamps has the meaning ascribed to it in 49 C.F.R. § 571.108.
Sec. 2. NRS 484D.105 is hereby amended to read as follows:
484D.105 1. Whenever there is a requirement as to distance from which lighted lamps and illuminating devices shall be visible, such requirements shall apply during the times and conditions specified in subsection 1 of NRS 484D.100 and measured as though the vehicle were unloaded and upon a straight, level, unlighted highway under normal atmospheric conditions, unless a different time or condition is specified.
2. Whenever there is a requirement as to the mounted height of such lamps or devices, such height shall be measured from the center of the lamp or device to the level ground upon which the vehicle stands when the vehicle is unloaded.
Sec. 3. NRS 484D.165 is hereby amended to read as follows:
484D.165 1. Every vehicle shall be equipped with one or more lamps which, when lighted, shall display a white or amber light visible from a distance of 500 feet to the front of the vehicle, and one or more lamps which, when lighted, shall display a red light visible from a distance of 500 feet to the rear of the vehicle. The location of such lamps shall be such that at least one such lamp is installed as near as practicable to the side of the vehicle which is closest to passing traffic.
2. Whenever a vehicle is parked upon the traveled portion of a highway during the times [mentioned] and conditions specified in subsection 1 of NRS 484D.100 and there is sufficient light to reveal any person or object within a distance of 1,000 feet upon such highway, no lights need be displayed upon such parked vehicle.
3. Whenever a vehicle is parked or stopped upon the traveled portion of a highway or shoulder adjacent thereto, whether attended or unattended during the times [mentioned] and conditions specified in subsection 1 of NRS 484D.100, and there is insufficient light to reveal any person or object within a distance of 1,000 feet upon such highway or roadway, such vehicle shall display lighted lamps meeting the requirements of subsection 1.
4. Any lighted headlamps upon a parked vehicle shall be depressed or dimmed.
Sec. 4. NRS 484D.170 is hereby amended to read as follows:
484D.170 1. Every implement of husbandry manufactured after January 1, 1970, shall be equipped with vehicular hazard-warning lamps of a type described in NRS 484D.205, visible from a distance of not less than 1,000 feet to the front and rear in normal sunlight, which shall be displayed whenever any such vehicle is operated upon a highway.
2. Every implement of husbandry manufactured after January 1, 1970, shall at all times, and every other such vehicle shall, during the times [mentioned] and conditions specified in subsection 1 of NRS 484D.100, be equipped with lamps and reflectors as follows:
(a) At least two headlamps meeting the requirements of NRS 484D.210.
(b) At least one red lamp visible when lighted from a distance of not less than 1,000 feet to the rear, mounted as far to the left of the center of the vehicle as practicable.
κ2023 Statutes of Nevada, Page 2417 (CHAPTER 402, SB 110)κ
(c) At least two red reflectors visible from all distances within 600 feet to 100 feet to the rear when directly in front of lawful lower beams of headlamps.
3. Every combination of farm tractor and towed implement of husbandry shall at all times [mentioned] and conditions specified in subsection 1 of NRS 484D.100 be equipped with lamps and reflectors as follows:
(a) The farm tractor shall be equipped as required in subsections 1 and 2.
(b) If the towed unit extends more than 4 feet to the rear of the tractor or obscures any lamp on the tractor, such unit shall be equipped on the rear with at least two red reflectors visible from all distances within 600 feet to 100 feet to the rear when directly in front of lawful lower beams of headlamps.
(c) If the towed unit extends more than 4 feet to the left of the centerline of the tractor, such unit shall be equipped on the front with an amber reflector visible from all distances within 600 feet to 100 feet to the front when directly in front of lawful beams of headlamps. Such reflector shall be so positioned as to indicate, as nearly as practicable, the extreme left projection of the towed unit.
4. The two red reflectors required by subsection 3 shall be so positioned as to show from the rear, as nearly as practicable, the extreme width of the vehicle or combination carrying them.
Sec. 5. NRS 484D.175 is hereby amended to read as follows:
484D.175 All vehicles including animal-drawn vehicles not otherwise specifically required to be equipped with lamps, shall at all times and conditions specified in subsection 1 of NRS 484D.100 be equipped with at least one lamp displaying a white light visible from a distance of not less than 500 feet to the front of the vehicle and two lamps displaying a red light visible from a distance of not less than 500 feet to the rear of the vehicle or one lamp displaying a red light visible from a distance of not less than 500 feet to the rear and two red reflectors visible from all distances of 600 to 100 feet to the rear when illuminated by the lawful lower beams of headlamps.
Sec. 6. NRS 484D.215 is hereby amended to read as follows:
484D.215 Whenever a motor vehicle is being operated on the traveled portion of the highway, or shoulder adjacent thereto, during the times and conditions specified in subsection 1 of NRS 484D.100, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations:
1. Whenever a driver of a vehicle approaches an oncoming vehicle within 500 feet, the driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light, or composite beam, specified in subsection 2 of NRS 484D.210 shall be deemed to avoid glare at all times, regardless of road contour and loading.
2. Whenever the driver of a vehicle follows another vehicle within 300 feet to the rear, the driver shall use a distribution of light permissible under this chapter other than the uppermost distribution of light specified in subsection 1 of NRS 484D.210.
Sec. 7. NRS 484D.220 is hereby amended to read as follows:
484D.220 1. At all times and conditions specified in subsection 1 of NRS 484D.100, a lighted headlamp or headlamps meeting the requirements of NRS 484D.110 shall be displayed on a motor vehicle except when the vehicle is parked.
2. Whenever a motor vehicle equipped with headlamps is also equipped with any auxiliary lamps, spot lamp or any other lamp on the front projecting a beam of intensity greater than 300 candle power, not more than a total of four of any such lamps may be lighted at one time when upon a highway.
κ2023 Statutes of Nevada, Page 2418 (CHAPTER 402, SB 110)κ
a beam of intensity greater than 300 candle power, not more than a total of four of any such lamps may be lighted at one time when upon a highway.
3. A motor vehicle may be equipped with headlamps that are high-intensity discharge lamps if such headlamps have a correlated color temperature of not less than 5,000 kelvins and not more than 6,000 kelvins.
4. The provisions of subsection 3 do not apply to the extent preempted by federal law.
5. As used in this section, high-intensity discharge lamp has the meaning ascribed to it in 10 C.F.R. § 431.282.
Sec. 8. NRS 484D.460 is hereby amended to read as follows:
484D.460 1. Every bus, truck and truck-tractor and every combination of vehicles 80 inches or more in overall width, except implements of husbandry, shall be equipped with at least three pot torches, three red electric lanterns or three red emergency reflectors.
2. Except as otherwise provided in subsections 3, 4 and 5, when any such vehicle is disabled on any portion of the traveled portion of a highway during any time or condition specified in subsection 1 of NRS 484D.100, such torches, lanterns or reflectors shall be placed as soon as possible as follows:
(a) One at the traffic side of the vehicle, not more than 10 feet to the front or rear thereof;
(b) One at a distance of approximately 100 feet to the rear of the disabled vehicle in the center of the traffic lane occupied by such vehicle; and
(c) One at a distance of approximately 100 feet to the front of the vehicle in the center of the traffic lane occupied by such vehicle.
3. If the vehicle is disabled within 500 feet of a curve, crest of a hill or other obstruction to view, the torch, lantern or reflector to be placed in that direction shall be placed so as to afford ample warning to other users of the highway, but not less than 100 feet or more than 500 feet from the vehicle.
4. When any such vehicle is disabled on any portion of the traveled portion of a one-way highway with two or more traffic lanes during any time or condition specified in subsection 1 of NRS 484D.100, such torches, lanterns or reflectors shall be placed as soon as possible as provided in subsection 2, except that the torch, lantern or reflector to be placed at the front of the vehicle shall be placed 200 feet to the rear of the vehicle.
5. When any such vehicle is disabled or parked off the traveled portion of a highway, but within 10 feet of such portion, during any time or condition specified in subsection 1 of NRS 484D.100, such torches, lanterns or reflectors shall be placed as soon as possible as follows:
(a) One at the traffic side of the vehicle not more than 10 feet to the rear of the vehicle;
(b) One at a distance of approximately 100 feet to the rear of the vehicle; and
(c) One at a distance of approximately 200 feet to the rear of the vehicle.
6. When any such vehicle is equipped with front turn signals which flash simultaneously and rear turn signals which flash simultaneously or with fusees, such turn signals shall be immediately operated or such fusees shall be placed as provided in this section for the placing of torches, lanterns or reflectors until such torches, lanterns or reflectors have been placed.
Sec. 9. This act becomes effective on July 1, 2028.
________
κ2023 Statutes of Nevada, Page 2419κ
Senate Bill No. 291Senators Cannizzaro, Dondero Loop, Lange, Flores, Neal; Daly, Donate, D. Harris, Nguyen, Ohrenschall, Pazina, Scheible and Spearman
CHAPTER 403
[Approved: June 13, 2023]
AN ACT relating to education; revising requirements for certain student teachers to be employed as a substitute teacher for a school district; making an appropriation to the Department of Education for the Nevada Institute on Teaching and Educator Preparation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a school district to enter into an agreement with the Nevada System of Higher Education or certain accredited postsecondary educational institutions to provide for the assignment of students for training purposes as a student teacher. These student teachers are authorized, under the direction and supervision of a licensed teacher, to instruct and supervise pupils in the school, on school grounds and on authorized field trips. (NRS 391.095)
Existing law also provides that, before assigning a long-term substitute who is not a licensed teacher to fill a teaching position, the board of trustees of a school district that has entered into an agreement concerning student teachers is required to select a student teacher who has: (1) completed at least 4 weeks of student teaching; and (2) applied to the board of trustees for employment as a substitute teacher by submitting an application that includes the written approval of the teacher who supervises the student teacher through his or her educational institution and the teacher who supervises the student teacher in the classroom. If a student teacher is employed as a substitute teacher by the school district, the student teacher: (1) is entitled to the rate of pay otherwise payable to a substitute teacher employed by the school district for each day the student works as a substitute teacher; (2) must be assigned to teach in the subject area and grade level, as applicable, in which the student teacher is completing his or her student teaching; and (3) must be supervised by a licensed teacher who must be available to assist and observe the student teacher on a periodic basis and oversee the management of the classroom and instructional duties.
Section 1 of this bill removes the requirement that, to qualify for employment as a substitute teacher, a student teacher must have completed at least 4 weeks of student teaching in a school district.
Existing law authorizes a college or university within the Nevada System of Higher Education to apply to the State Board of Education for a grant of money to establish the Nevada Institute on Teaching and Educator Preparation and establishes certain requirements for the Institute. Existing law requires the Nevada Institute on Teaching and Educator Preparation, which has been established at the University of Nevada, Las Vegas, to: (1) establish a highly selective program for the education and training of teachers; (2) conduct research concerning approaches and methods used to educate and train teachers and to teach pupils; and (3) evaluate, develop and disseminate approaches to teaching. (NRS 396.5185) Section 2 of this bill makes an appropriation to the Department of Education for the Nevada Institute on Teaching and Educator Preparation.
κ2023 Statutes of Nevada, Page 2420 (CHAPTER 403, SB 291)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 391.096 is hereby amended to read as follows:
391.096 1. A board of trustees of a school district that has entered into an agreement pursuant to NRS 391.095 shall, before assigning a long-term substitute who is not a licensed teacher, assign a student teacher who [satisfies the requirements of subsection 2] is employed by the school district as a substitute teacher [.] pursuant to this section.
2. A student teacher [who has completed not less than 4 weeks of student teaching in a school district pursuant to NRS 391.095] may apply to the board of trustees of [that] a school district for employment as a substitute teacher. The application must include the written approval of:
(a) The teacher who supervises the student teacher through the Nevada System of Higher Education or accredited postsecondary educational institution, as applicable; and
(b) The teacher who is responsible for supervising the student teacher in the classroom.
3. If a school district employs a student teacher as a substitute teacher pursuant to this section, the school district shall ensure that the student teacher is:
(a) Assigned to teach in the subject area and grade level, as applicable, in which the student teacher is completing his or her student teaching.
(b) Supervised by a licensed teacher. A licensed teacher so assigned must:
(1) Be available to assist the student teacher and observe the student teacher on a periodic basis; and
(2) Oversee the management of the classroom, instructional duties and administrative duties of the student teacher.
4. A student teacher who is employed as a substitute teacher pursuant to this section is entitled to the rate of pay otherwise payable to substitute teachers employed by the school district for each day the student teacher works as a substitute teacher. Nothing in this section entitles a student teacher who is not employed as a substitute teacher to be paid for time spent completing his or her student teaching, including, without limitation, time spent completing course work and assignments required for completion of a program of study offered by the Nevada System of Higher Education or an accredited postsecondary educational institution.
5. Except as otherwise provided in this subsection, the board of trustees of a school district that employs a student teacher as a substitute teacher pursuant to this section shall, in consultation with the employee organization representing licensed teachers in the school district, provide for compensation of the licensed teacher who supervises the student teacher pursuant to subsection 3 that is in addition to the regular salary of the licensed teacher. The board of trustees is not required to provide additional compensation to:
κ2023 Statutes of Nevada, Page 2421 (CHAPTER 403, SB 291)κ
(a) A licensed teacher who is employed by the school district for the primary purpose of supervising student teachers and who is not otherwise employed for the purpose of providing classroom instruction to pupils; or
(b) A licensed teacher who receives compensation from the Nevada System of Higher Education or an accredited postsecondary educational institution for supervising student teachers.
6. As used in this section, student teacher means a student of a branch of the Nevada System of Higher Education or an accredited postsecondary educational institution who is assigned to teach for training purposes pursuant to NRS 391.095.
Sec. 2. 1. There is hereby appropriated from the State General Fund to the Department of Education for the Nevada Institute on Teaching and Educator Preparation established pursuant to NRS 396.5185 the sum of $1,575,000.
2. In making an expenditure from the money appropriated by subsection 1, the Nevada Institute on Teaching and Educator Preparation may expend not more than $75,000 for administrative expenses.
3. The Nevada Institute on Teaching and Educator Preparation shall:
(a) Prepare and transmit a report to the Interim Finance Committee on or before December 20, 2024, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Institute through December 1, 2024; and
(b) Prepare and transmit a final report to the Interim Finance Committee on or before October 1, 2025, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Institute through June 30, 2025.
4. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2025, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2025.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2023 Statutes of Nevada, Page 2422κ
Senate Bill No. 189Senators Cannizzaro, Lange, Dondero Loop, Donate, Flores; Daly, Goicoechea, D. Harris, Neal, Nguyen, Ohrenschall, Pazina, Scheible, Seevers Gansert and Spearman
Joint Sponsors: Assemblymen Anderson, Peters; Brown-May, Carter, Considine, DSilva, Gonzαlez, Jauregui, Marzola, Newby, Orentlicher, Taylor, Thomas and Watts
CHAPTER 404
[Approved: June 14, 2023]
AN ACT making an appropriation to Communities In Schools of Nevada to provide integrated student support services to pupils enrolled in public schools in this State; and providing other matters properly relating thereto.
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. There is hereby appropriated from the State General Fund to Communities In Schools of Nevada the sum of $2,000,000 for the purpose of providing integrated support services, including, without limitation, services related to academics, basic needs, physical and mental health and social and life skills to pupils enrolled in public schools in this State.
2. Upon acceptance of the money appropriated by subsection 1, Communities In Schools of Nevada agrees to:
(a) Prepare and transmit a report to the Interim Finance Committee on or before December 20, 2024, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by Communities In Schools of Nevada through December 1, 2024;
(b) Prepare and transmit a final report to the Interim Finance Committee on or before September 19, 2025, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by Communities In Schools of Nevada through June 30, 2025; and
(c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of Communities In Schools of Nevada, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.
3. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2025, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2025.
κ2023 Statutes of Nevada, Page 2423 (CHAPTER 404, SB 189)κ
purpose after September 19, 2025, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2025.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 331Senator Scheible
CHAPTER 405
[Approved: June 13, 2023]
AN ACT relating to emergency management; requiring certain emergency management plans to include certain information related to the evacuation, transport and shelter of persons with pets; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires that an emergency management plan prepared by the Governor pursuant to NRS 414.060 or adopted by a political subdivision or local organization for emergency management must address the needs of persons with pets, service animals or service animals in training. (NRS 414.095) This bill requires that such an emergency management plan, to the extent practicable, also: (1) designate at least one shelter to accommodate persons with pets; and (2) include provisions for the evacuation, transport and shelter of persons with pets.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 414.095 is hereby amended to read as follows:
414.095 1. An emergency management plan prepared by the Governor pursuant to NRS 414.060 or adopted by a political subdivision or a local organization for emergency management must, without limitation [, address] :
(a) Address the needs of persons with pets, service animals or service animals in training during and after an emergency or disaster [.] ;
(b) To the extent practicable, designate at least one shelter to accommodate persons with pets; and
(c) To the extent practicable, include provisions for the evacuation, transport and shelter of persons with pets.
2. As used in this section:
(a) Pet has the meaning ascribed to it in NRS 574.615.
(b) Service animal has the meaning ascribed to it in NRS 426.097.
(c) Service animal in training has the meaning ascribed to it in NRS 426.099.
________
κ2023 Statutes of Nevada, Page 2424κ
Senate Bill No. 221Senators Donate, Stone and Buck
CHAPTER 406
[Approved: June 14, 2023]
AN ACT relating to Medicaid; requiring the establishment of a specific billing category and methodology for reimbursing clinics that provide certain services to children under Medicaid; making an appropriation to and authorizing the expenditure of money by the Division of Health Care Financing and Policy of the Department of Health and Human Services; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Department of Health and Human Services to administer the Medicaid program. (NRS 422.270) Section 1 of this bill requires the Division of Health Care Financing and Policy of the Department to establish: (1) a specific category of provider for purposes of billing and reimbursement under Medicaid for clinics that provide services primarily to children with cancer and rare diseases; and (2) billing guidelines and a rate methodology for such clinics that are consistent with prevailing best practices for reimbursing such clinics. Section 1.5 of this bill makes an appropriation to and authorizes the expenditure of money by the Division for costs related to medical services and computer programming changes associated with the provisions of section 1.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. On or before October 1, 2023, the Division of Health Care Financing and Policy of the Department of Health and Human Services shall, to the extent that federal participation is available:
1. Amend the Medicaid Services Manual to create a specific billing category as a type of special clinic for clinics that provide services primarily to children with cancer and rare diseases; and
2. Establish billing guidelines and a rate methodology for clinics described in subsection 1 that are consistent with prevailing best practices for reimbursing such clinics.
Sec. 1.5. 1. There is hereby appropriated from the State General Fund to the Division of Health Care Financing and Policy of the Department of Health and Human Services for costs related to medical
κ2023 Statutes of Nevada, Page 2425 (CHAPTER 406, SB 221)κ
services and computer programming changes associated with the provisions of section 1 of this act the following sums:
For the Fiscal Year 2023-2024.................................................... $294,240
For the Fiscal Year 2024-2025.................................................... $890,135
2. Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized by the Division of Health Care Financing and Policy of the Department of Health and Human Services for the same purposes as set forth in subsection 1:
For the Fiscal Year 2023-2024.................................................... $517,759
For the Fiscal Year 2024-2025................................................. $1,459,291
3. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, respectively.
Sec. 2. 1. This section and section 1 of this act become effective upon passage and approval.
2. Section 1.5 of this act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 2426κ
Senate Bill No. 307Senator Spearman
CHAPTER 407
[Approved: June 13, 2023]
AN ACT relating to offenders; defining certain terms relating to the housing of offenders; requiring the Director of the Department of Corrections to adopt certain regulations relating to solitary confinement; prohibiting the Department from placing an offender in solitary confinement under certain circumstances; providing that an offender is entitled to certain privileges while placed in solitary confinement; requiring the Department to ensure that an offender placed in solitary confinement receives a daily health and wellness check; providing procedures for the removal of an offender from solitary confinement; requiring certain training for staff who work in units used for solitary confinement; requiring the Department to submit a report concerning the use of solitary confinement to the Joint Interim Standing Committee on the Judiciary or the Legislature; limiting the number of days that an offender may be placed in disciplinary segregation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prohibits the Department of Corrections and private facilities and institutions from placing an offender in disciplinary segregation or subjecting or assigning an offender to solitary confinement unless certain procedures are followed. (NRS 209.369) Sections 5-7 and 10 of this bill define certain terms, including solitary confinement, for purposes relating to the housing of offenders. Section 13 of this bill makes a conforming change to indicate the proper placement of sections 5-7 and 10 in the Nevada Revised Statutes. Section 13.5 of this bill makes a conforming change relating to the application of the definitions in sections 5-7 and 10 to the entire chapter of NRS.
Section 12 of this bill requires the Director of the Department to adopt regulations governing the use of solitary confinement to provide that solitary confinement may only be used as a last resort, in the least restrictive manner and for the shortest period of time safely possible.
Section 12.3 of this bill prohibits, with certain exceptions, the Department from placing an offender in solitary confinement: (1) for a period which exceeds 15 consecutive days; (2) within 90 days of the date on which the offender is projected to be released from the custody of the Department; or (3) if the offender has a serious mental illness or other significant mental impairment, unless a provider of health care orders such confinement. Section 12.3 authorizes the Department to remove an offender from solitary confinement at any time if the offender has demonstrated good behavior. Section 12.3 requires that an offender placed in solitary confinement: (1) is afforded certain privileges; and (2) receives a health and welfare check at his or her cell by a provider of health care at least once each day. Section 14 of this bill makes a conforming change by removing duplicative language relating to the placement of an offender who has a serious mental illness or other significant mental impairment in solitary confinement under certain circumstances and the requirement that a health and welfare check is made for each offender placed in solitary confinement.
κ2023 Statutes of Nevada, Page 2427 (CHAPTER 407, SB 307)κ
Section 12.5 of this bill requires a multidisciplinary team to submit a report to the Director within 24 hours after making the determination to continue solitary confinement if an offender is kept in solitary confinement for more than 15 days. Section 12.5 additionally requires any meetings or discussions regarding the review of an offender pursuant to section 12.5 to be recorded in writing or otherwise documented and kept by the Department for at least 1 year. Section 12.5 also prescribes certain procedures relating to the removal of an offender from solitary confinement, including, without limitation, a requirement for a multidisciplinary team, before an offender is removed from solitary confinement, to conduct a review of each offender and develop an individualized treatment plan for the offender. Section 12.5 defines a multidisciplinary team as a team that consists of: (1) a correctional officer who works in the housing unit to which the offender is assigned; (2) a mental health clinician; (3) a case worker; (4) a correctional supervisor; (5) an associate warden; and (6) any other staff member deemed necessary by the Director.
Existing law authorizes the Director to develop and implement, in each institution or facility of the Department, a program of facility training for correctional staff. (NRS 209.1315) Section 13.3 of this bill requires the Director to develop and implement certain training for staff who work in units used for solitary confinement.
Section 14 of this bill requires the Department to submit a report on or before December 31 of each year concerning the use of solitary confinement by the Department and private facilities and institutions to the Joint Interim Standing Committee on the Judiciary, if the report is submitted in an odd-numbered year, or to the Legislature, if the report is submitted in an even-numbered year. The report must contain, without limitation: (1) the number of offenders placed in solitary confinement; (2) the periods of time, and the number of offenders for each such period, for which offenders were placed in solitary confinement; and (3) the number of offenders who were placed in solitary confinement for a period of more than 15 days and a summary of the reasons for such placement. Section 14 additionally requires that an offender, while subject to disciplinary segregation, be allowed either visitation or access to a telephone. Section 14 also removes certain provisions relating to the length of stay of offenders placed in disciplinary segregation and, instead, with certain exceptions, limits the maximum number of days that an offender may be placed in disciplinary segregation to not more than 15 consecutive days.
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 to 12.5, inclusive, of this act.
Secs. 2-4. (Deleted by amendment.)
Sec. 5. Disciplinary segregation means the separation of an offender from the general population for a specified period of time when an offender has committed a serious violation of the rules of a facility or institution.
Sec. 6. General population means the status of offenders who are incarcerated and do not have a special status, including, without limitation, a status of solitary confinement.
Sec. 7. 1. Serious mental illness or other significant mental impairment means:
(a) A mental, behavioral or emotional disorder that results in serious functional impairment, which substantially interferes with or limits one or more major life activities; or
κ2023 Statutes of Nevada, Page 2428 (CHAPTER 407, SB 307)κ
(b) A diagnosis of an intellectual disability, as defined in NRS 435.007.
2. The term includes, without limitation, a diagnosis of major depression, schizophrenia, bipolar disorder, obsessive-compulsive disorder, panic disorder, post-traumatic stress disorder or borderline personality disorder.
Secs. 8 and 9. (Deleted by amendment.)
Sec. 10. Solitary confinement means the housing of an offender in a location where the offender is restricted to a cell for at least 22 hours per day for the purpose of separating the offender from the general population for the:
1. Protection of:
(a) The health or safety of the offender from other offenders; or
(b) The life or property of the staff or other offenders; or
2. Security or orderly operation of the facility or institution.
Sec. 11. (Deleted by amendment.)
Sec. 12. The Director shall adopt, with the approval of the Board, such regulations as are necessary to ensure that solitary confinement may only be used:
1. As a last resort, when the offender must be separated from the general population in a secure environment;
2. In the least restrictive manner; and
3. For the shortest period of time safely possible.
Sec. 12.3. 1. Except as otherwise provided in NRS 209.369 or section 12.5 of this act, the Department or a private facility or institution shall not place an offender in solitary confinement:
(a) For a period which exceeds 15 consecutive days;
(b) Within 90 days of the date on which the offender is projected to be released from the custody of the Department; or
(c) If the offender has a serious mental illness or other significant mental impairment, unless a provider of health care orders the solitary confinement for the safety of the offender, staff or any other person.
2. Except as otherwise provided in NRS 209.369, the Department may remove an offender from solitary confinement at any time if the offender has demonstrated good behavior.
3. If an offender is placed in solitary confinement, the offender must, while placed in solitary confinement, be afforded the same privileges identified in paragraph (b) of subsection 5 of NRS 209.369 as are afforded to an offender placed in disciplinary segregation.
4. The Department shall ensure that each offender placed in solitary confinement receives a health and welfare check conducted at least once each day by a provider of health care at his or her cell.
Sec. 12.5. 1. The Department may continue to keep an offender placed in solitary confinement for more than 15 days if:
(a) The offender refuses to be removed from solitary confinement at the end of the 15-day period;
(b) A provider of health care recommends that the offender be kept in solitary confinement due to medical necessity; or
(c) A multidisciplinary team recommends a continuation of solitary confinement for the offender after a determination from the review conducted pursuant to subsection 3 that the offender presents a threat to the safety or health of other offenders or correctional staff.
κ2023 Statutes of Nevada, Page 2429 (CHAPTER 407, SB 307)κ
2. The continuation of solitary confinement of an offender pursuant to paragraph (c) of subsection 1 must not exceed an additional period of 15 consecutive days, after which the offender must be removed from solitary confinement and the multidisciplinary team shall determine whether a return to solitary confinement is necessary.
3. A multidisciplinary team shall conduct a review of each offender placed in solitary confinement and shall develop an individualized treatment plan for the offender before the offender is removed from solitary confinement. The treatment plan may contain, without limitation, recommendations relating to staff intervention, housing placement in the facility or institution and any other recommendations that the multidisciplinary team deems appropriate. If required by exigent circumstances, a member of the multidisciplinary team who is unable to be present for the review may, through remote communication:
(a) Attend the review; and
(b) Participate in any discussion concerning the review of the offender.
4. If an offender is kept in solitary confinement pursuant to paragraph (a) of subsection 1 and, at any time, requests removal from solitary confinement, the offender must be removed from solitary confinement within 24 hours after the request for removal.
5. If an offender is kept in solitary confinement for a period of more than 15 consecutive days pursuant to this section, the multidisciplinary team must submit a report to the Director within 24 hours after the determination to continue solitary confinement, and every 15 days thereafter during which the offender remains in solitary confinement, which must include, without limitation:
(a) The name of the offender;
(b) A description of the reasons for the continuation of solitary confinement; and
(c) Any plan developed for the removal of the offender from solitary confinement.
6. Any meeting or discussion concerning the review conducted pursuant to subsection 3 or a determination to continue solitary confinement for an offender pursuant to this section must be:
(a) Recorded in writing or otherwise documented; and
(b) Kept by the Department for at least 1 year.
7. As used in this section:
(a) Mental health clinician means:
(1) A psychiatrist licensed to practice medicine in this State and certified by the American Board of Psychiatry and Neurology;
(2) A psychologist licensed to practice in this State;
(3) A social worker who:
(I) Is licensed in this State as a clinical social worker;
(II) Holds a masters degree in social work; and
(III) Is employed by the Department;
(4) A registered nurse who:
(I) Is licensed to practice professional nursing in this State;
(II) Holds a masters degree in the field of psychiatric nursing; and
κ2023 Statutes of Nevada, Page 2430 (CHAPTER 407, SB 307)κ
(III) Is employed by the Department;
(5) A marriage and family therapist licensed pursuant to chapter 641A of NRS; or
(6) A clinical professional counselor licensed pursuant to chapter 641A of NRS.
(b) Multidisciplinary team means a team which must consist of the following persons:
(1) A correctional officer who works in the housing unit to which the offender is assigned;
(2) A mental health clinician;
(3) A case worker;
(4) A correctional supervisor;
(5) An associate warden; and
(6) Any other staff member deemed necessary by the Director.
Sec. 13. NRS 209.011 is hereby amended to read as follows:
209.011 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 209.021 to 209.085, inclusive, and sections 2 to 11, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 13.3. NRS 209.1315 is hereby amended to read as follows:
209.1315 1. The Director may continue to develop and implement, in each institution and facility of the Department, a program of facility training for the correctional staff. Such training must include:
[1.] (a) Training in evidence-based practices, including, without limitation, principles of effective intervention, effective case management and core correctional practices; and
[2.] (b) Courses on interacting with victims of domestic violence and trauma and people with behavioral health needs and both physical and intellectual disabilities.
2. The Director shall develop and implement, in each institution and facility of the Department in which an offender may be placed in solitary confinement, a program of training for any correctional staff of the facility or institution who interact with offenders placed in solitary confinement. Such training must include, without limitation, training in effective communication, crisis intervention and de-escalation techniques. Any training required to be completed pursuant to a program of training adopted pursuant to this subsection is in addition to any other training required to be completed by correctional staff.
Sec. 13.5. NRS 209.249 is hereby amended to read as follows:
209.249 1. Except as otherwise provided in subsections 2 and 3, the Director shall establish and maintain a package program for offenders.
2. The Director may prohibit an offender from participating in the package program if the offender is in:
(a) Disciplinary segregation; or
(b) Administrative segregation and the prohibition is necessary to ensure the safety of other offenders in administrative segregation.
3. The Medical Director may prohibit an offender from participating in the package program if:
(a) The offender is receiving medical care from the Medical Director; and
κ2023 Statutes of Nevada, Page 2431 (CHAPTER 407, SB 307)κ
(b) The prohibition is necessary to ensure the health of the offender.
4. The contents of a package received by an offender participating in the package program are not subject to any deduction described in NRS 209.247.
5. As used in this section:
(a) Administrative segregation means the separation of an offender from the general population which is imposed by classification when the continued presence of the offender in the general population or protective segregation would pose a serious threat to life, property, self, staff, other offenders or to the security or orderly operation of the facility or institution.
(b) [Disciplinary segregation means the separation of an offender from the general population for a specified period when an offender has committed a serious violation of the rules of a facility or an institution.
(c) General population means the status of offenders who are incarcerated and do not have a special status.
(d)] Package program means a program which authorizes an offender to order at least one clothing package and one food package, respectively, per quarter.
[(e)] (c) Protective segregation means the separation of an offender from the general population when the offender requests or requires protection from other offenders for reasons relating to health or safety.
Sec. 14. NRS 209.369 is hereby amended to read as follows:
209.369 1. The Department or a private facility or institution shall not [:
(a) Place] place an offender in disciplinary segregation unless the offender is found guilty of an infraction after:
[(1)] (a) Notice and a hearing pursuant to subsection 3; and
[(2)] (b) If applicable, a psychological evaluation pursuant to subsection 4.
[(b) Subject an offender with a serious mental illness or other significant mental impairment to solitary confinement solely on the basis of such mental illness or impairment, but may subject such an offender to solitary confinement if it is necessary for the safety of the offender, staff or any other person. If such an offender is subjected to solitary confinement, the offender must receive a health and welfare check at his or her cell by a provider of health care at least once each day.]
2. An offender who is confined in an institution or facility of the Department or a private facility or institution may request placement in solitary confinement to protect his or her safety. The Department or private facility or institution [may] shall not [assign the] place such an offender [to] in solitary confinement unless [the] :
(a) The Department or private facility or institution performs an independent assessment of the threat to the offender [,] and determines that the placement in solitary confinement is necessary to protect the safety of the offender ; and [the]
(b) The offender is placed in solitary confinement only for the duration of the threat.
3. Upon the filing of a disciplinary action against an offender that may result in the sanction of disciplinary segregation of the offender, the Department or private facility or institution shall:
κ2023 Statutes of Nevada, Page 2432 (CHAPTER 407, SB 307)κ
(a) Serve written notice of the charges against the offender which sets forth the reasons for the filing of the disciplinary action against the offender and a notice that the offender may appeal any discipline or punishment imposed on the offender as a result of a hearing unless the offender has agreed to a bargained plea.
(b) Hold a hearing concerning the charges against the offender not later than 15 days after the alleged violation or not later than 15 days after the completion of the investigation of the alleged violation, whichever is later. A hearing held pursuant to this paragraph must be presided over by an officer or employee of the Department or private facility or institution who has no direct involvement in the incident constituting an alleged violation. At the hearing, the offender must be allowed to present documentary evidence germane to the alleged violation and to call one or more witnesses with substantive, relevant knowledge of the issues involved in the alleged violation except for a witness who has been discharged, who is not located at the facility or institution where the hearing is being conducted or who poses a threat to safety or security at the hearing. The presiding officer or employee may find that the offender committed an infraction of the rules of the institution or facility only if he or she finds, based on the evidence presented at the hearing, that there is evidence that the infraction occurred and that the offender more likely than not committed the infraction. The presiding officer or employee must provide to the offender a written statement of the evidence supporting the determination of the presiding officer or employee unless providing such a written statement would jeopardize the safety or security of the institution or facility or the safety of the staff or offenders in the institution or facility. That presiding officer or employee shall not sanction an offender to disciplinary segregation for a fixed period. Any period for which the offender is sanctioned to disciplinary segregation must be expressed in terms of the maximum number of days the offender may be subjected to disciplinary segregation.
4. The Department or private facility or institution must refer the offender for a psychological evaluation before holding a hearing pursuant to subsection 3 if, at any stage of the disciplinary process set forth in subsection 3:
(a) It is known or suspected that a mental health condition or medical condition of the offender was a substantial cause of the alleged violation;
(b) The offender is assigned to a mental health program of the Department or private facility or institution; or
(c) The offender has been diagnosed as seriously mentally ill.
Κ If, during the psychological evaluation, the staff of the Department or private facility or institution has reason to believe that the alleged violation by the offender may have been the result of a medical condition of the offender, including, without limitation, dementia, Alzheimers disease, post-traumatic stress disorder or traumatic brain injury, the staff of the Department or private facility or institution must refer the offender to the medical staff of the institution or facility for a medical review and recommendation before holding a hearing pursuant to subsection 3.
5. If the sanction of disciplinary segregation is imposed on an offender, the offender:
κ2023 Statutes of Nevada, Page 2433 (CHAPTER 407, SB 307)κ
(a) May, after serving one-half of the period for which the offender is sanctioned to disciplinary segregation, petition the warden of the institution or facility for [release] removal from disciplinary segregation if the offender has demonstrated good behavior. The offender must be advised that he or she may petition the warden pursuant to this paragraph.
(b) Must, while subject to disciplinary segregation, be:
(1) Allowed to wear his or her personal clothing issued by the Department;
(2) Served the same meal and ration as is provided to offenders in general population unless the offender is placed on a special diet for health or religious reasons;
(3) Allowed visitation [;] or access to a telephone;
(4) Allowed all first-class and legal mail addressed to the offender;
(5) Permitted a minimum of at least 5 hours of exercise per week, unless doing so would present a threat to the safety or security of the institution or facility;
(6) Given access to reading materials; and
(7) Given access to materials from the law library in the institution or facility.
6. The period for which an offender may be held in disciplinary segregation must be the minimum time required to address the disciplinary sanction or threat of harm to the offender, staff or any other person or to the security of the institution or facility, as defined by the regulations adopted by the Board. Such a period must not exceed [:
(a) If the offender, while in the custody of the Department or private facility or institution, commits an offense categorized as a category C felony by the laws of this State, 10 days.
(b) If the offender, while in the custody of the Department or private facility or institution, commits an offense categorized as a category B felony by the laws of this State, 30 days.
(c) If the offender, while in the custody of the Department or private facility or institution, commits an offense categorized as a category A felony by the laws of this State, 60 days.
(d) If the offender, while in the custody of the Department or private facility or institution, commits an assault or battery against an employee or contractor of the Department or a private facility or institution, 180 days.
(e) If the offender, while in the custody of the Department or private facility or institution, commits murder, 365] 15 consecutive days [.] , unless a determination is made to keep an offender placed in solitary confinement pursuant to subsection 1 of section 12.5 of this act.
7. On or before December 31 of each year, the Department shall submit a report concerning the use of solitary confinement by the Department and private facilities and institutions to the Director of the Legislative Counsel Bureau for transmittal to the next session of the Legislature, if the report is submitted during an even-numbered year, or the Joint Interim Standing Committee on the Judiciary, if the report is
κ2023 Statutes of Nevada, Page 2434 (CHAPTER 407, SB 307)κ
submitted in an odd-numbered year. The report must include, without limitation, the following information, provided in the aggregate and without any personally identifiable information:
(a) The number of offenders placed in solitary confinement, in total and disaggregated by race, ethnicity, sexual orientation, age and gender identity or expression.
(b) The periods of time, and the number of offenders for each such period, for which offenders were placed in solitary confinement.
(c) The number of offenders who were placed in solitary confinement for a period of more than 15 days and a summary of the reasons for such placement.
8. As used in this section, offender with serious mental illness or other significant mental impairment means an offender:
(a) With a substantial disorder of thought or mood that significantly impairs judgment, behavior or capacity to recognize reality, which may include, without limitation, a person who is found to have current symptoms of, or who is currently receiving treatment based on a type of diagnosis found in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association; or
(b) Who is diagnosed with an intellectual disability, as defined in NRS 435.007.
Sec. 15. Notwithstanding any other provision of this act, the initial report submitted by the Department of Corrections pursuant to NRS 209.369, as amended by section 14 of this act, must be submitted on or before July 1, 2024.
Sec. 16. 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. 17. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 16, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations or 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 2435κ
Senate Bill No. 367Senators Cannizzaro; Donate, Dondero Loop and Pazina
CHAPTER 408
[Approved: June 13, 2023]
AN ACT relating to public safety; prescribing the unit of prosecution for certain crimes involving the ownership or possession of a firearm by certain prohibited persons; authorizing a juvenile justice agency and the juvenile court to release certain information and records for the purpose of conducting a background check relating to the sale or transfer of a firearm; requiring a court to transmit to the Central Repository for Nevada Records of Criminal History certain records relating to the court-ordered admission to certain mental health facilities of certain children with an emotional disturbance for certain purposes relating to the purchase or possession of a firearm; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prohibits certain persons from owning or having in their possession or under their custody or control any firearm. (NRS 202.360) The Nevada Supreme Court has held that the State may only charge a defendant with one count of being a prohibited person in possession of a firearm for each such incident, regardless of the number of firearms that the defendant possessed at one time, in one place. (State v. Fourth Jud. Dist. Court, 137 Nev. 37 (2021)) Section 3 of this bill clarifies the Legislatures intent with regard to this prohibition by providing that, for purposes of prosecuting a violation of the prohibition, each firearm owned, possessed or under the custody or control of a person constitutes a separate violation. Section 4 of this bill makes a conforming change to indicate the proper placement of section 3 in the Nevada Revised Statutes.
The Brady Handgun Violence Prevention Act requires that a background check be conducted on any person wishing to purchase or redeem a firearm to determine whether the person is prohibited from purchasing or possessing a firearm pursuant to federal or state law. (Pub. L. No. 103-159, 107 Stat. 1536) Among other requirements, the Bipartisan Safer Communities Act requires any background check conducted on a prospective buyer who is less than 21 years of age to include a review of certain information and records to determine whether the person is disqualified from purchasing or possessing a firearm under federal or state law. (Pub. L. No. 117-159, 136 Stat. 1313) Sections 5-7 of this bill authorize a juvenile justice agency and the juvenile court to release certain information and records for the purpose of performing a background check to determine whether a person is eligible to purchase or possess a firearm under federal or state law.
Existing law requires a court to transmit certain records of adjudication concerning a persons mental health to the Central Repository for Nevada Records of Criminal History, along with a statement that the record is being transmitted for inclusion in all appropriate databases of the National Instant Criminal Background Check System. (NRS 159.0593, 174.035, 175.533, 175.539, 178.425, 433A.310, 433A.343) Section 8.5 of this bill requires a court to transmit to the Central Repository certain records relating to the court-ordered admission to certain mental health facilities of certain children with an emotional disturbance who are in the custody of an agency which provides child welfare services. Section 7.7 of this bill provides that no action for damages may be brought against the court or an employee of the court for transmitting a record pursuant to section 8.5.
κ2023 Statutes of Nevada, Page 2436 (CHAPTER 408, SB 367)κ
Existing law requires the inclusion, correction and removal of certain records in each appropriate database of the National Instant Background Check System for certain purposes relating to the purchase or possession of a firearm. (NRS 179A.163, 179A.165, 179A.167, 433A.310) Section 7.5 of this bill requires the inclusion, correction and removal of certain records transmitted pursuant to section 8.5 in each appropriate database of the National Instant Criminal Background Check System for the same purpose. Section 7.5 also requires the Central Repository to take reasonable steps to ensure that the information contained in a record transmitted pursuant to section 8.5 is removed from the National Instant Criminal Background Check System when the person who is the subject of the record reaches 21 years of age.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 202 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. (Deleted by amendment.)
Sec. 3. 1. For purposes of prosecuting a violation of NRS 202.360, each firearm owned, possessed or under the custody or control of a person constitutes a separate violation.
2. As used in this section, firearm includes any firearm that is loaded or unloaded and operable or inoperable.
Sec. 4. NRS 202.253 is hereby amended to read as follows:
202.253 As used in NRS 202.253 to 202.369, inclusive [:] , and section 3 of this act:
1. Antique firearm has the meaning ascribed to it in 18 U.S.C. § 921(a)(16).
2. Explosive or incendiary device means any explosive or incendiary material or substance that has been constructed, altered, packaged or arranged in such a manner that its ordinary use would cause destruction or injury to life or property.
3. Firearm means any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion.
4. Firearm capable of being concealed upon the person applies to and includes all firearms having a barrel less than 12 inches in length.
5. Firearms importer or manufacturer means a person licensed to import or manufacture firearms pursuant to 18 U.S.C. Chapter 44.
6. Machine gun means any weapon which shoots, is designed to shoot or can be readily restored to shoot more than one shot, without manual reloading, by a single function of the trigger.
7. Motor vehicle means every vehicle that is self-propelled.
8. Semiautomatic firearm means any firearm that:
(a) Uses a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next shell or round;
(b) Requires a separate function of the trigger to fire each cartridge; and
(c) Is not a machine gun.
9. Unfinished frame or receiver means a blank, a casting or a machined body that is intended to be turned into the frame or lower receiver of a firearm with additional machining and which has been formed or machined to the point at which most of the major machining operations have been completed to turn the blank, casting or machined body into a frame or lower receiver of a firearm even if the fire-control cavity area of the blank, casting or machined body is still completely solid and unmachined.
κ2023 Statutes of Nevada, Page 2437 (CHAPTER 408, SB 367)κ
lower receiver of a firearm even if the fire-control cavity area of the blank, casting or machined body is still completely solid and unmachined.
Sec. 5. NRS 62H.025 is hereby amended to read as follows:
62H.025 1. Juvenile justice information is confidential and may only be released in accordance with the provisions of this section or as expressly authorized by other federal or state law.
2. For the purpose of ensuring the safety, permanent placement, rehabilitation, educational success and well-being of a child or the safety of the public, a juvenile justice agency may release juvenile justice information to:
(a) A director of juvenile services or his or her designee;
(b) The Chief of the Youth Parole Bureau or his or her designee;
(c) The Chief Parole and Probation Officer or his or her designee;
(d) The Director of the Department of Corrections or his or her designee;
(e) A district attorney or his or her designee;
(f) An attorney representing the child;
(g) The director, chief or sheriff of a state or local law enforcement agency or his or her designee;
(h) The director of a state or local agency which administers juvenile justice or his or her designee;
(i) A director of a state or local facility for the detention of children or regional facility for the treatment and rehabilitation of children or his or her designee;
(j) The director of an agency which provides child welfare services or his or her designee;
(k) The director of an agency which provides mental health services or his or her designee;
(l) A guardian ad litem or court appointed special advocate who represents the child;
(m) A parent or guardian of the child;
(n) The child to whom the juvenile justice information pertains if the child has reached the age of majority, or a person who presents a release that is signed by the child who has reached the age of majority and which specifies the juvenile justice information to be released and the purpose for the release;
(o) A school district, if the juvenile justice agency and the school district have entered into a written agreement to share juvenile justice information and data from an educational record of a child maintained by the school district for a purpose consistent with the purposes of this section;
(p) A person or organization who has entered into a written agreement with the juvenile justice agency to provide assessments or juvenile justice services;
(q) A person engaged in bona fide research that may be used to improve juvenile justice services or secure additional funding for juvenile justice services if the juvenile justice information is provided in the aggregate and without any personal identifying information;
(r) A person who is authorized by a court order to receive the juvenile justice information, if the juvenile justice agency was provided with notice and opportunity to be heard before the issuance of the order; [or]
(s) A law enforcement agency in the course of a criminal investigation, a delinquency proceeding conducted pursuant to the provisions of this title or a situation involving a child who is subject to the jurisdiction of the juvenile court and who poses a threat to himself or herself or to the safety or well-being of others [.]
κ2023 Statutes of Nevada, Page 2438 (CHAPTER 408, SB 367)κ
of the juvenile court and who poses a threat to himself or herself or to the safety or well-being of others [.] ; or
(t) A federal, state or local governmental entity, or an agency of such an entity, that needs access to the information to perform a background check to determine whether a person who is less than 21 years of age is eligible to purchase and possess firearms under state and federal law.
3. A juvenile justice agency may deny a request for juvenile justice information if:
(a) The request does not, in accordance with the purposes of this section, demonstrate good cause for the release of the information; or
(b) The release of the information would cause material harm to the child or would prejudice any court proceeding to which the child is subject.
Κ A denial pursuant to this subsection must be made in writing to the person requesting the information not later than 5 business days after receipt of the request.
4. Any juvenile justice information provided pursuant to this section may not be used to deny a child access to any service for which the child would otherwise be eligible, including, without limitation:
(a) Educational services;
(b) Social services;
(c) Mental health services;
(d) Medical services; or
(e) Legal services.
5. Except as otherwise provided in this subsection, any person who is provided with juvenile justice information pursuant to this section and who further disseminates the information or makes the information public is guilty of a gross misdemeanor. This subsection does not apply to:
(a) A district attorney who uses the information solely for the purpose of initiating legal proceedings; [or]
(b) A person or organization described in subsection 2 who provides a report concerning juvenile justice information to a court or other party pursuant to this title or chapter 432B of NRS [.] ; or
(c) A federal, state or local governmental entity, or an agency of such an entity, that uses the information to perform a background check to determine whether a person who is less than 21 years of age is eligible to purchase and possess firearms under state and federal law.
6. As used in this section:
(a) Juvenile justice agency means the Youth Parole Bureau or a director of juvenile services.
(b) Juvenile justice information means any information which is directly related to a child in need of supervision, a delinquent child or any other child who is otherwise subject to the jurisdiction of the juvenile court.
Sec. 6. NRS 62H.030 is hereby amended to read as follows:
62H.030 1. The juvenile court shall make and keep records of all cases brought before the juvenile court.
2. Except as otherwise provided in this section and NRS 217.110, records of any case brought before the juvenile court may be opened to inspection only by court order to persons who have a legitimate interest in the records.
3. The following records and information may be opened to inspection without a court order:
(a) Records of traffic violations which are being forwarded to the Department of Motor Vehicles;
κ2023 Statutes of Nevada, Page 2439 (CHAPTER 408, SB 367)κ
(b) Records which have not been sealed and which are required by the Division of Parole and Probation for preparation of presentence investigations and reports pursuant to NRS 176.135 or general investigations and reports pursuant to NRS 176.151;
(c) Records which have not been sealed and which are to be used, pursuant to chapter 179D of NRS, by:
(1) The Central Repository;
(2) The Division of Parole and Probation; or
(3) A person who is conducting an assessment of the risk of recidivism of an adult or juvenile sex offender;
(d) Regardless of whether or not they have been sealed, records which are to be used for the purpose of conducting a background check to determine whether a person who is less than 21 years of age is eligible to purchase and possess firearms under state and federal law;
(e) Information maintained in the standardized system established pursuant to NRS 62H.200; and
[(e)] (f) Information that must be collected by the Division of Child and Family Services pursuant to NRS 62H.220.
4. The clerk of the court shall prepare and cause to be printed forms for social and legal records and other papers as may be required.
Sec. 7. NRS 62H.170 is hereby amended to read as follows:
62H.170 1. Except as otherwise provided in this section, if the records of a person are sealed:
(a) All proceedings recounted in the records are deemed never to have occurred; and
(b) The person may reply accordingly to any inquiry concerning the proceedings and the acts which brought about the proceedings.
2. The juvenile court may order the inspection of records that are sealed if:
(a) The person who is the subject of the records petitions the juvenile court to permit the inspection of the records by the persons named in the petition;
(b) An agency charged with the medical or psychiatric care of the person who is the subject of the records petitions the juvenile court to permit the inspection of the records by the agency;
(c) A prosecuting attorney or a defendant in a criminal action petitions the juvenile court to permit the inspection of the records to obtain information relating to the persons, including the defendant, who were involved in the acts detailed in the records;
(d) The person who is the subject of the records has committed an act which subjects the person to the jurisdiction of the juvenile court and which may form the basis of a civil action and a person who, in good faith, intends to bring or has brought the civil action, or any other person who is a party to the civil action, petitions the juvenile court to permit the inspection of the records to obtain information relating to the person who is the subject of the records; or
(e) The juvenile court determines that the inspection of the records is necessary to:
(1) Perform bona fide outcome and recidivism studies, which may include, without limitation, using personal identifying information from sealed juvenile records to perform criminal background checks on persons who were adjudicated pursuant to this title;
κ2023 Statutes of Nevada, Page 2440 (CHAPTER 408, SB 367)κ
(2) Further bona fide research to determine the effectiveness of juvenile justice services;
(3) Improve the delivery of juvenile justice services; or
(4) Obtain additional resources for the delivery of juvenile justice services.
Κ Personal identifying information contained in records inspected or obtained from criminal background checks pursuant to this paragraph must remain confidential in a manner consistent with any applicable laws and regulations.
3. Upon its own order, any court of this State may inspect records that are sealed if the records relate to a person who is less than 21 years of age and who is to be sentenced by the court in a criminal proceeding.
4. A federal, state or local governmental entity, or an agency of such an entity, may inspect or release records or information used to perform a background check to determine whether a person who is less than 21 years of age is eligible to purchase and possess firearms under state and federal law.
Sec. 7.5. NRS 179A.163 is hereby amended to read as follows:
179A.163 1. Upon receiving a record transmitted pursuant to NRS 159.0593, 174.035, 175.533, 175.539, 178.425, 432B.6076, 433A.310 or 433A.343, the Central Repository:
(a) Shall take reasonable steps to ensure that the information reported in the record is included in each appropriate database of the National Instant Criminal Background Check System; and
(b) May take reasonable steps to ensure that the information reported in the record is included in each appropriate database of the National Crime Information Center.
2. Except as otherwise provided in subsection 3, if the Central Repository receives a record described in subsection 1, the person who is the subject of the record may petition the court for an order declaring that:
(a) The basis for the adjudication reported in the record no longer exists;
(b) The adjudication reported in the record is deemed not to have occurred for purposes of 18 U.S.C. § 922(d)(4) and (g)(4) and NRS 202.360; and
(c) The information reported in the record must be removed from the National Instant Criminal Background Check System and the National Crime Information Center.
3. To the extent authorized by federal law, if the record concerning the petitioner was transmitted to the Central Repository pursuant to NRS 159.0593, 174.035, 175.533, 175.539, 178.425, 432B.6076, 433A.310 or 433A.343, the petitioner may not file a petition pursuant to subsection 2 until 3 years after the date of the order transmitting the record to the Central Repository.
4. A petition filed pursuant to subsection 2 must be:
(a) Filed in the court which made the adjudication or finding pursuant to NRS 159.0593, 174.035, 175.533, 175.539, 178.425, 433A.310 or 433A.343; and
(b) Served upon the district attorney for the county in which the court described in paragraph (a) is located.
5. The Nevada Rules of Civil Procedure govern all proceedings concerning a petition filed pursuant to subsection 2.
6. The court shall grant the petition and issue the order described in subsection 2 if the court finds that the petitioner has established that:
κ2023 Statutes of Nevada, Page 2441 (CHAPTER 408, SB 367)κ
(a) The basis for the adjudication or finding made pursuant to NRS 159.0593, 174.035, 175.533, 175.539, 178.425, 432B.6076, 433A.310 or 433A.343 concerning the petitioner no longer exists;
(b) The petitioners record and reputation indicate that the petitioner is not likely to act in a manner dangerous to public safety; and
(c) Granting the relief requested by the petitioner pursuant to subsection 2 is not contrary to the public interest.
7. Except as otherwise provided in this subsection, the petitioner must establish the provisions of subsection 6 by a preponderance of the evidence. If the adjudication or finding concerning the petitioner was made pursuant to NRS 159.0593 , 432B.6076 or 433A.310, the petitioner must establish the provisions of subsection 6 by clear and convincing evidence.
8. The court, upon entering an order pursuant to this section, shall cause, on a form prescribed by the Department of Public Safety, a record of the order to be transmitted to the Central Repository.
9. The Central Repository shall:
(a) Within 5 business days after receiving a record of an order transmitted pursuant to subsection 8, the Central Repository shall take reasonable steps to ensure that information concerning the adjudication or finding made pursuant to NRS 159.0593, 174.035, 175.533, 175.539, 178.425, 432B.6076, 433A.310 or 433A.343 is removed from the National Instant Criminal Background Check System and the National Crime Information Center, if applicable.
(b) When a person who is the subject of a record transmitted pursuant to NRS 432B.6076 reaches 21 years of age or at a time reasonably near the date on which the person reaches 21 years of age, take reasonable steps to ensure that information concerning the finding made pursuant to NRS 432B.6076 is removed from the National Instant Criminal Background Check System.
10. If the Central Repository fails to remove a record as provided in subsection 9, the [petitioner] person who is the subject of the record may bring an action to compel the removal of the record. If the [petitioner] person prevails in the action, the court may award the [petitioner] person reasonable attorneys fees and costs incurred in bringing the action.
11. If a petition brought pursuant to subsection 2 is denied, the person who is the subject of the record may petition for a rehearing not sooner than 2 years after the date of the denial of the petition.
Sec. 7.7. NRS 179A.165 is hereby amended to read as follows:
179A.165 1. Any record described in NRS 179A.163 is confidential and is not a public book or record within the meaning of NRS 239.010. A person may not use the record for any purpose other than for a purpose related to criminal justice, including, without limitation, inclusion in the appropriate database of the National Instant Criminal Background Check System and the National Crime Information Center, if applicable. The Central Repository may disclose the record to any agency of criminal justice.
2. If a person or governmental entity is required to transmit, report or take any other action concerning a record pursuant to NRS 159.0593, 174.035, 175.533, 175.539, 178.425, 179A.163, 432B.6076, 433A.310 or 433A.343, no action for damages may be brought against the person or governmental entity for:
(a) Transmitting or reporting the record or taking any other required action concerning the record;
κ2023 Statutes of Nevada, Page 2442 (CHAPTER 408, SB 367)κ
(b) Failing to transmit or report the record or failing to take any other required action concerning the record;
(c) Delaying the transmission or reporting of the record or delaying in taking any other required action concerning the record; or
(d) Transmitting or reporting an inaccurate or incomplete version of the record or taking any other required action concerning an inaccurate or incomplete version of the record.
Sec. 8. (Deleted by amendment.)
Sec. 8.5. NRS 432B.6076 is hereby amended to read as follows:
432B.6076 1. Except as otherwise provided in NRS 432B.6077, if the court finds, after proceedings for the court-ordered admission of a child alleged to be a child with an emotional disturbance who is in the custody of an agency which provides child welfare services to a facility, including, without limitation, an evidentiary hearing:
(a) That there is not clear and convincing evidence that the child with respect to whom the hearing was held exhibits observable behavior such that the child is likely to harm himself or herself or others if allowed liberty, the court shall enter its finding to that effect and the child must not be admitted to a facility.
(b) That there is clear and convincing evidence that the child with respect to whom the hearing was held is in need of treatment in a facility and is likely to harm himself or herself or others if allowed liberty, the court may order the admission of the child for the most appropriate course of treatment. The order of the court must be interlocutory and must not become final if, within 30 days after the admission, the child is unconditionally released from the facility pursuant to NRS 432B.6084.
2. Before issuing an order for admission or a renewal thereof, the court shall explore other alternative courses of treatment within the least restrictive appropriate environment as suggested by the evaluation team who evaluated the child, or other persons professionally qualified in the field of psychiatric mental health, which the court believes may be in the best interests of the child.
3. Except as otherwise provided in subsection 4, if the court issues an order for the admission of a child who is 16 years of age or older to a public or private mental health facility pursuant to this section, the court must, notwithstanding any other provision of law requiring the court to seal a court record relating to a proceeding conducted pursuant to NRS 432B.607 to 432B.6085, inclusive, cause, within 5 business days after the order becomes final pursuant to this section, on a form prescribed by the Department of Public Safety, a record of the order to be transmitted to the Central Repository for Nevada Records of Criminal History, along with a statement indicating that the record is being transmitted for inclusion in each appropriate database of the National Instant Criminal Background Check System.
4. The provisions of subsection 3 do not apply if the child with respect to whom the proceeding was held voluntarily seeks treatment and stipulates to his or her admission to a facility.
5. As used in this section, National Instant Background Check System has the meaning ascribed to it in NRS 179A.062.
Sec. 9. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 2443κ
Senate Bill No. 387Senator Pazina
CHAPTER 409
[Approved: June 13, 2023]
AN ACT relating to the state personnel system; revising provisions related to the classification plan for all positions in the classified service of the State; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Administrator of the Division of Human Resource Management of the Department of Administration to prepare, maintain and revise as necessary a classification plan for all positions in the classified service of the State, based on similarity of duties and responsibilities, so that the same qualifications may reasonably be required for all positions in the same class. (NRS 284.160) This bill requires the Administrator to periodically review the positions in the classified service that require a person to hold a bachelors degree and, whenever the Administrator deems it necessary for the efficiency of the public service, revise the qualifications to allow a person to substitute equivalent experience or skills in lieu of such a degree.
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 284.160 is hereby amended to read as follows:
284.160 1. The Administrator shall prepare, maintain and revise as necessary a classification plan for all positions in the classified service, based upon similarity of duties and responsibilities, so that the same qualifications may reasonably be required for, and the same schedule of pay may be equitably applied to, all positions in the same class.
2. The duty of the Administrator to classify extends to all offices, employments and positions held by persons who may become members of the classified service under the provisions of this chapter.
3. In determining the qualifications that may be reasonably required for all positions in the same class pursuant to subsection 1, the Administrator shall periodically review each class of positions in the classified service which require a person to hold a bachelors degree and, whenever the Administrator deems it necessary for the efficiency of the public service, revise the qualifications to allow a person to substitute equivalent experience or skills in lieu of a bachelors degree.
4. The Administrator may, after consultation with the head of a department or agency, make changes in the classification of positions whenever the Administrator deems it necessary for the efficiency of the public service.
κ2023 Statutes of Nevada, Page 2444 (CHAPTER 409, SB 387)κ
[4.] 5. The classification plan and changes therein are subject to approval by the Commission, except that the Administrator may make a change in the classification plan without the prior approval of the Commission if:
(a) The Administrator deems it necessary for the efficiency of the public service;
(b) The change is not proposed in conjunction with an occupational study; and
(c) The Administrator, at least 20 working days before acting upon the proposed change:
(1) Provides written notice of the proposal to each member of the Commission, to all departments and to any head of an employees organization who requests notice of such proposals; and
(2) Posts a written notice of the proposal in each of the principal offices of the Division.
Κ Any occupational study conducted by the Division in connection with the preparation, maintenance or revision of the classification plan must be approved by the Commission.
[5.] 6. If no written objection to the proposed change to the classification plan is received by the Administrator before the date it is scheduled to be acted upon, the Administrator may effect the change. The Administrator shall report to the Commission any change in the classification plan made without its approval at the Commissions next succeeding regular meeting.
[6.] 7. If a written objection is received before the date the proposed change is scheduled to be acted upon, the Administrator shall place the matter on the agenda of the Commission for consideration at its next succeeding regular meeting.
________
κ2023 Statutes of Nevada, Page 2445κ
Senate Bill No. 425Senators Dondero Loop, Lange; Cannizzaro, Daly, D. Harris, Neal, Nguyen, Ohrenschall and Scheible
CHAPTER 410
[Approved: June 13, 2023]
AN ACT relating to education; creating the Commission on Innovation and Excellence in Education; providing for the membership and duties of the Commission; making appropriations; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill creates the Commission on Innovation and Excellence in Education for the purposes of developing a statewide vision and implementation plan to improve the education system in this State. Section 3 of this bill creates the Commission and prescribes the membership of the Commission, consisting of 24 persons representing a variety of stakeholders. Section 4 of this bill requires the Commission to: (1) conduct a study comparing the education policies of this State to those of high-performing international and domestic education systems; (2) make recommendations on how to adapt the appropriate education policies of those high-performing education systems into the public education system in this State; (3) make recommendations on how to put the performance of pupils in this State in parity with the performance of those pupils in high-performing education systems; (4) incorporate any relevant findings of any previous or ongoing studies related to funding for education; and (5) develop an implementation plan for the recommendations made, including an analysis of the costs involved. Section 5 of this bill makes an appropriation to the Commission for travel expenses for members of the Commission. Section 6 of this bill makes an appropriation to the Commission for the Commission to enter into a contract with an organization to assist in the work of the Commission.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 385 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. As used in sections 2, 3 and 4 of this act, unless the context otherwise requires, Commission means the Commission on Innovation and Excellence in Education created by section 3 of this act.
Sec. 3. 1. The Commission on Innovation and Excellence in Education is hereby created. The Commission consists of:
(a) Three members who are Senators, two of whom are appointed by the Majority Leader of the Senate and one of whom is appointed by the Minority Leader of the Senate;
(b) Three members who are members of the Assembly, two of whom are appointed by the Speaker of the Assembly and one of whom is appointed by the Minority Leader of the Assembly;
(c) The Superintendent of Public Instruction;
(d) The Director of the Office of Finance;
(e) The Chancellor of the Nevada System of Higher Education;
κ2023 Statutes of Nevada, Page 2446 (CHAPTER 410, SB 425)κ
(f) One member who is a representative of the State Board of Education, appointed by the President of the State Board;
(g) One member who is a teacher and member of the Nevada State Education Association, appointed by the President of that Association;
(h) One member who is a teacher and member of the Clark County Education Association, appointed by the President of that Association;
(i) One member appointed by the Nevada Association of School Administrators;
(j) One member who is a member of the board of trustees of a school district, appointed by the Nevada Association of School Boards;
(k) One member who is a superintendent of schools of a school district, appointed by the Nevada Association of School Superintendents;
(l) One member who is the chief financial officer of a school district, appointed by the Association of School Business Officials International;
(m) One member appointed by the Nevada Association of Counties;
(n) One member appointed by the Nevada League of Cities;
(o) One member who is the representative of an organization that advocates for public education, appointed by the Superintendent of Public Instruction;
(p) One member who is the parent or guardian of a pupil who is enrolled in a public school in this State, appointed by the Nevada Parent Teacher Association;
(q) One member who is a representative of the public at large, appointed by the Governor;
(r) Two members who own or manage a business located in this State, appointed by the Governor; and
(s) One member who serves on the Commission on School Funding created by NRS 387.1246.
2. In appointing the members of the Commission described in paragraphs (g) and (h) of subsection 1, the appointing authorities shall coordinate the appointments so that:
(a) One member is a teacher in an elementary school and one member is a teacher in a secondary school, respectively; and
(b) One member is a teacher in a public school in an urban setting and one member is a teacher in a public school in a rural setting, respectively.
Κ The appointing authorities shall, in appointing a member at the beginning of each term, alternate the characteristics described in paragraphs (a) and (b) so that each member appointed to the Commission does not possess the same characteristic in consecutive terms.
3. If any organization listed in subsection 1 ceases to exist, the appointment required pursuant to that subsection must be made by the organizations successor in interest or, if there is no successor in interest, by the Governor.
4. In appointing the members of the Commission described in subsection 1, the appointing authorities shall coordinate the appointments when practicable so that the members of the Commission represent the diversity of this State, including, without limitation, regional, ethnic, economic and gender diversity.
κ2023 Statutes of Nevada, Page 2447 (CHAPTER 410, SB 425)κ
5. Each member of the Commission:
(a) Serves without compensation; and
(b) While engaged in the business of the Commission, is entitled to receive the travel expenses provided for state officers and employees generally.
6. Each appointed member of the Commission serves a term of 2 years and may be reappointed for additional terms of 2 years in the same manner as the original appointment. Any vacancy occurring in the membership of the Commission must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs.
7. The Superintendent of Public Instruction shall call the first meeting of the Commission. At its first meeting and annually thereafter, the members of the Commission shall elect a Chair and a Vice Chair from among the members of the Commission.
8. The Commission shall meet at least once each calendar quarter and as needed at the call of the Chair.
9. The Commission may appoint subcommittees to address designated projects or consider specific problems or other matters that are related to and within the scope of the functions of the Commission, as the Commission determines necessary to carry out the duties of the Commission.
10. The Department shall provide any administrative support necessary for the Commission to carry out its duties.
Sec. 4. 1. The Commission shall develop a statewide vision and implementation plan to improve the public education system in this State. The Commission shall:
(a) Conduct a benchmarking or gap analysis study comparing the education policies of this State to the education policies of high-performing international and domestic education systems.
(b) Make recommendations on how to adapt the appropriate education policies of high-performing international and domestic education systems into the public education system in this State.
(c) Identify objectives to put the education performance of pupils in this State in parity with that of pupils in high-performing international and domestic education systems and make recommendations on how to meet the identified objectives.
(d) Review the findings of any previous or ongoing studies related to the funding of education and incorporate any relevant findings.
(e) Develop an implementation plan for the recommendations made pursuant to this section which includes an analysis of the costs of the plan.
2. The Commission may employ and contract with the National Center on Education and the Economy or an organization with similar expertise and qualifications to carry out any of its functions pursuant to this section.
3. The Commission may coordinate with educational entities and business entities for information and expertise as necessary to carry out any of its functions pursuant to this section.
4. On or before June 30 of each year, the Commission shall submit a written report of its findings to the Governor, the Superintendent of Public Instruction, the Legislative Commission and the Joint Interim Standing Committee on Education.
κ2023 Statutes of Nevada, Page 2448 (CHAPTER 410, SB 425)κ
Sec. 5. 1. There is hereby appropriated from the State General Fund to the Commission on Innovation and Excellence in Education created by section 3 of this act, for travel expenses of the members of the Commission the following sums:
For the Fiscal Year 2023-2024....................................................... $12,500
For the Fiscal Year 2024-2025....................................................... $12,500
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of appropriated money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, respectively.
Sec. 6. 1. There is hereby appropriated from the State General Fund to the Commission on Innovation and Excellence in Education created by section 3 of this act the sum of $250,000 for the Commission to enter into a contract with an organization to assist in the work of the Commission pursuant to subsection 2 of section 4 of this act.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2025, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2025.
Sec. 7. 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. 8. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 7, inclusive, of this act become effective:
(a) Upon passage and approval for the purposes of appointing members to the Commission on Innovation and Excellence in Education created by section 3 of this act and performing any other administrative tasks that are necessary to carry out the provisions of this act; and
(b) On July 1, 2023, for all other purposes.
________
κ2023 Statutes of Nevada, Page 2449κ
Senate Bill No. 452Committee on Finance
CHAPTER 411
[Approved: June 13, 2023]
AN ACT relating to governmental financial administration; revising provisions governing the allocation of a portion of the proceeds of the basic governmental services tax; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law imposes a basic tax for governmental services for the privilege of operating any vehicle upon the public highways of this State, which is collected by the Department of Motor Vehicles. (NRS 371.030, 482.260) Under existing law, the basic governmental services tax is 4 cents on each $1 of the valuation of the vehicle, and the valuation of the vehicle is 35 percent of the manufacturers suggested retail price in Nevada with a reduction based on the age of the vehicle using a depreciation schedule set forth in existing law. (NRS 371.040, 371.050, 371.060) Senate Bill No. 429 of the 2009 Legislative Session (S.B. 429) increased the amount of governmental services taxes due annually for used vehicles by reducing the amount of depreciation allowed and increasing the minimum tax. Existing law allocates the revenue from this portion of the governmental services tax, with 25 percent of the proceeds allocated to the State General Fund and 75 percent of the proceeds allocated to the State Highway Fund. (NRS 482.182) Section 2 of this bill removes the allocation of these proceeds to the General Fund and, instead, requires the Department to direct that the entire amount of these proceeds be transferred to the State Highway Fund. Sections 1 and 3 of this bill make conforming changes to reflect that the entire amount of these proceeds must be transferred to the State Highway Fund.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.181 is hereby amended to read as follows:
482.181 1. Except as otherwise provided in subsection 5, after deducting the amount withheld by the Department and the amount credited to the Department pursuant to subsection 6 of NRS 482.180, and the amount transferred to the [State General Fund and the] State Highway Fund pursuant to NRS 482.182, the Department shall certify monthly to the State Board of Examiners the amount of the basic and supplemental governmental services taxes collected for each county by the Department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.
2. Any supplemental governmental services tax collected for a county must be distributed only to the county, to be used as provided in NRS 371.043, 371.045 and 371.047.
3. The distribution of the basic governmental services tax received or collected for each county must be made to the State Education Fund or the fund for capital projects or debt service fund of a county school district, as applicable, before any distribution is made to a local government, special district or enterprise district. For the purpose of calculating the amount of the basic governmental services tax to be distributed to the State Education Fund or the fund for capital projects or debt service fund of a county school district, as applicable, the taxes levied by each local government, special district and enterprise district are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980,
κ2023 Statutes of Nevada, Page 2450 (CHAPTER 411, SB 452)κ
or the fund for capital projects or debt service fund of a county school district, as applicable, the taxes levied by each local government, special district and enterprise district are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a districts debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a districts debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.
4. After making the distributions set forth in subsection 3, the remaining money received or collected for each county must be deposited in the Local Government Tax Distribution Account created by NRS 360.660 for distribution to local governments, special districts and enterprise districts within each county pursuant to the provisions of NRS 360.680 and 360.690.
5. An amount equal to any basic governmental services tax distributed to a redevelopment agency in the Fiscal Year 1987-1988 must continue to be distributed to that agency as long as it exists but must not be increased.
6. The Department shall make distributions of the basic governmental services tax directly to the State Education Fund or the fund for capital projects or debt service fund of a county school district, as applicable.
7. As used in this section:
(a) Enterprise district has the meaning ascribed to it in NRS 360.620.
(b) Local government has the meaning ascribed to it in NRS 360.640.
(c) Received or collected for each county means:
(1) For the basic governmental services tax collected on vehicles subject to the provisions of chapter 706 of NRS, the amount determined for each county based on the following percentages:
Carson City.......... 1.07 percent Lincoln..................... 3.12 percent
Churchill............... 5.21 percent Lyon......................... 2.90 percent
Clark................... 22.54 percent Mineral..................... 2.40 percent
Douglas................. 2.52 percent Nye........................... 4.09 percent
Elko..................... 13.31 percent Pershing................... 7.00 percent
Esmeralda............. 2.52 percent Storey....................... 0.19 percent
Eureka................... 3.10 percent Washoe.................. 12.24 percent
Humboldt............. 8.25 percent White Pine............... 5.66 percent
Lander................... 3.88 percent
(2) For all other basic and supplemental governmental services tax received or collected by the Department, the amount attributable to each county based on the county of registration of the vehicle for which the tax was paid.
(d) Special district has the meaning ascribed to it in NRS 360.650.
Sec. 2. NRS 482.182 is hereby amended to read as follows:
482.182 1. After deducting the amount withheld by the Department and the amount credited to the Department pursuant to subsection 6 of NRS 482.180 and before carrying out the provisions of NRS 482.181 each month, the Department shall direct the State Controller to transfer to the [:
κ2023 Statutes of Nevada, Page 2451 (CHAPTER 411, SB 452)κ
(a) State General Fund from the proceeds of the basic governmental services tax collected by the Department and its agents during the preceding month, 25 percent of the amounts indicated pursuant to this section.
(b)] State Highway Fund from the proceeds of the basic governmental services tax collected by the Department and its agents during the preceding month, [75 percent of] the amounts indicated pursuant to this section.
2. Except as otherwise provided in subsection 3, the amount required to be transferred pursuant to subsection 1 from the proceeds of the basic governmental services tax imposed on vehicles depreciated in accordance with:
(a) Subsection 1 of NRS 371.060 based upon an age of:
(1) One year, is a sum equal to 11 percent of those proceeds;
(2) Two years, is a sum equal to 12 percent of those proceeds;
(3) Three years, is a sum equal to 13 percent of those proceeds;
(4) Four years, is a sum equal to 15 percent of those proceeds;
(5) Five years, is a sum equal to 18 percent of those proceeds;
(6) Six years, is a sum equal to 22 percent of those proceeds;
(7) Seven years, is a sum equal to 29 percent of those proceeds;
(8) Eight years, is a sum equal to 40 percent of those proceeds; and
(9) Nine years or more, is a sum equal to 67 percent of those proceeds; and
(b) Subsection 2 of NRS 371.060 based upon an age of:
(1) One year, is a sum equal to 12 percent of those proceeds;
(2) Two years, is a sum equal to 14 percent of those proceeds;
(3) Three years, is a sum equal to 18 percent of those proceeds;
(4) Four years, is a sum equal to 21 percent of those proceeds;
(5) Five years, is a sum equal to 26 percent of those proceeds;
(6) Six years, is a sum equal to 30 percent of those proceeds;
(7) Seven years, is a sum equal to 33 percent of those proceeds;
(8) Eight years, is a sum equal to 37 percent of those proceeds;
(9) Nine years, is a sum equal to 40 percent of those proceeds; and
(10) Ten years or more, is a sum equal to 43 percent of those proceeds.
3. The amount required to be transferred pursuant to subsection 1 from the proceeds of the basic governmental services tax imposed on vehicles to which the minimum amount of that tax applies pursuant to paragraph (b) of subsection 3 of NRS 371.060 is a sum equal to 63 percent of those proceeds.
Sec. 3. NRS 706.211 is hereby amended to read as follows:
706.211 All money collected by the Department under the provisions of NRS 706.011 to 706.861, inclusive, must be deposited in the State Treasury for credit to the Motor Vehicle Fund. Except as otherwise provided in this chapter and NRS 482.180 and 482.181, [and except for any money transferred to the State General Fund pursuant to NRS 482.182,] all money collected under the provisions of NRS 706.011 to 706.861, inclusive, must be used for the construction, maintenance and repair of the public highways of this State.
Sec. 4. Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after May 2, 2023.
Sec. 5. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 2452κ
Senate Bill No. 266Senators Pazina, Nguyen, Dondero Loop, Hammond, Lange; Cannizzaro, Donate, Krasner, Neal and Seevers Gansert
Joint Sponsors: Assemblymen ONeill, Watts, Kasama, Jauregui, Yeager; Backus, Carter, Dickman, Hafen, Monroe-Moreno, Mosca, Newby, Nguyen and Taylor
CHAPTER 412
[Approved: June 14, 2023]
AN ACT relating to gaming; excluding certain portions of entry fees paid to participate in certain contests or tournaments from the gross revenue of certain gaming licensees for the purpose of calculating gaming license fees and for certain other purposes; revising provisions relating to the designation of gaming enterprise districts; revising requirements relating to the filing of certain information concerning foreign gaming with the Nevada Gaming Control Board; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Nevada Gaming Commission to charge and collect from each licensee a monthly license fee in an amount equal to a certain percentage of the gross revenue of the licensee. (NRS 463.370) Under existing law, the gross revenue on which the monthly license fee is imposed includes entry fees for the right to participate in contests and tournaments, minus certain enumerated deductions. (NRS 463.0161) Section 1 of this bill excludes from the gross revenue on which the monthly license fee is imposed any portion of entry fees for the right to participate in contests and tournaments conducted on the premises of a licensed gaming establishment with the participants physically present at those premises when participating if the portion of those fees is designated as: (1) employee compensation and used to pay an employee of a licensee additional compensation for being involved in the organization or operation of the contest or tournament; (2) a donation and remitted to certain tax-exempt organizations; (3) an addition to a payoff schedule of the contest or tournament that is paid as a prize to a participant in a present or future contest or tournament; or (4) an addition to an account to pay guaranteed payouts of future contests or tournaments. Section 1 also clarifies that cash from an entry fee excluded from gross revenue: (1) may not be deducted from gross revenue when paid out or distributed for a purpose other than the purpose for which an exclusion is authorized; and (2) must be included in the calculation of gross revenue for the month in which it is paid out or distributed for a purpose other than the purpose for which an exclusion is authorized.
For the purposes of the regulation of gaming in this State, a nonrestricted licensee is a licensee who is licensed to operate: (1) 16 or more slot machines; (2) any number of slot machines together with any other game, gaming device, race book or sports pool at one establishment; or (3) a slot machine route. (NRS 463.0177) Under existing law, the Commission is: (1) authorized to require nonrestricted licensees with an annual gross revenue of $1,000,000 or more to report and keep records of all transactions involving cash; and (2) required to adopt regulations requiring audits of the financial statements of nonrestricted licensees whose annual gross revenue is $5,000,000 or more, as adjusted annually based on the Consumer Price Index (All Items) for the preceding year. (NRS 463.125, 463.159) Because section 1 excludes from gross revenue certain portions of the entry fee for the right to participate in contests or tournaments, that revenue would be excluded for the purposes of these calculations.
κ2023 Statutes of Nevada, Page 2453 (CHAPTER 412, SB 266)κ
Existing law prohibits the Nevada Gaming Commission from approving a nonrestricted license for an establishment in a county whose population is 700,000 or more (currently only Clark County) unless the establishment is located in a gaming enterprise district, which is defined as an area that has been approved by a county, city or town as suitable for operating an establishment that has been issued a nonrestricted license. (NRS 463.0158, 463.308) If the location of a proposed establishment is within the Las Vegas Boulevard gaming corridor or the rural Clark County gaming zone, but not within an area already designated as a gaming enterprise district, the Commission is prohibited from approving a nonrestricted license for the proposed establishment unless the location of the proposed establishment is first designated a gaming enterprise district pursuant to the criteria set forth in NRS 463.3084. (NRS 463.3082) However, if the location of the proposed establishment is not within the Las Vegas Boulevard gaming corridor or the rural Clark County gaming zone and not within an area already designated as a gaming enterprise district, the Commission is prohibited from approving a nonrestricted license for the proposed establishment unless the location of the proposed establishment is first designated a gaming enterprise district pursuant to the criteria set forth in NRS 463.3086, which contains certain additional requirements that are not contained in NRS 463.3084, such as: (1) the property line of the proposed establishment must be not less than 500 feet from the property line of a developed residential district and not less than 1,500 feet from the property line of a public school, private school or structure used primarily for religious services or worship; and (2) a three-fourths vote of the governing body of the county, city or town is required for designation of the location as a gaming enterprise district. (NRS 463.3086) Section 1.3 of this bill provides that a proposed establishment that meets certain criteria is not subject to certain requirements of existing law related to the designation of the location of the proposed establishment as a gaming enterprise district.
Existing law requires certain persons licensed to operate gaming establishments in this State who also conduct gaming operations outside this State to file certain documents with the Nevada Gaming Control Board as soon as the licensee begins participating in gaming outside this State. Thereafter, the licensee is required to file annual and quarterly reports containing certain information concerning the gaming operations outside this State. (NRS 463.710) Section 1.5 of this bill revises those filing requirements to: (1) require a notice to be filed when participation in gaming outside this State begins and terminates; (2) eliminate the requirement to file certain annual reports; and (3) revise the content that is required to be included in the required quarterly reports.
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 463.0161 is hereby amended to read as follows:
463.0161 1. Gross revenue means the total of all:
(a) Cash received as winnings;
(b) [Cash] Except as otherwise provided in paragraph (g) of subsection 2, cash received as entry fees for the right to participate in contests and tournaments;
(c) Cash received in payment for credit extended by a licensee to a patron for purposes of gaming; and
(d) Compensation received for conducting any game in which the licensee is not party to a wager,
Κ less the total of all cash paid out as losses to patrons, all cash and the cost of any noncash prizes paid out to participants in contests or tournaments not to exceed the total cash or cash equivalents received for the right to participate in the contests or tournaments, those amounts paid to fund periodic payments and any other items made deductible as losses by NRS 463.3715.
κ2023 Statutes of Nevada, Page 2454 (CHAPTER 412, SB 266)κ
to exceed the total cash or cash equivalents received for the right to participate in the contests or tournaments, those amounts paid to fund periodic payments and any other items made deductible as losses by NRS 463.3715.
2. The term does not include:
(a) Counterfeit facsimiles of money, chips, tokens, wagering instruments or wagering credits;
(b) Coins of other countries which are received in gaming devices;
(c) Any portion of the face value of any chip, token or other representative of value won by a licensee from a patron for which the licensee can demonstrate that it or its affiliate has not received cash;
(d) Cash taken in fraudulent acts perpetrated against a licensee for which the licensee is not reimbursed;
(e) Uncollected baccarat commissions; [or]
(f) Cash provided by the licensee to a patron and subsequently won by the licensee, for which the licensee can demonstrate that it or its affiliate has not been reimbursed [.] ; or
(g) Cash received as entry fees for the right to participate in a contest or tournament conducted on the premises of a licensed gaming establishment with the participants physically present at those premises when participating, if the cash is designated:
(1) As employee compensation and paid as compensation to an employee of a licensee who is involved in the organization or operation of the contest or tournament, in addition to the regular compensation of the employee;
(2) As a donation to a nonprofit, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c) or a nonprofit corporation organized or existing pursuant to chapter 82 of NRS and the amount is remitted to the designated organization;
(3) As an addition to a payoff schedule of the contest or tournament that is fixed, or increases automatically over time or as the contest or tournament is played, and that is paid as a prize to a patron participating in the present or a future contest or tournament; or
(4) As an addition to an account to fund guaranteed payouts of future contests or tournaments and the disbursement of funds from the account are used to fund guaranteed payouts of future contests or tournaments.
Κ The Commission may adopt regulations authorizing the exclusion from gross revenue set forth in paragraph (g) to apply to cash received as entry fees for the right to participate in a contest or tournament other than a contest or tournament conducted on the premises of a licensed gaming establishment with contestants physically present at those premises when participating.
3. The amount of cash received as entry fees for the right to participate in a contest or tournament that is excluded from gross revenue pursuant to paragraph (g) of subsection 2:
(a) May not be deducted from the amount of the entry fees included in gross revenue pursuant to subsection 1 if the amount is paid or distributed for any purpose other than a purpose set forth in paragraph (g) of subsection 2;
κ2023 Statutes of Nevada, Page 2455 (CHAPTER 412, SB 266)κ
(b) Must be included in gross revenue for the month in which the amount is paid out or distributed for a purpose other than a purpose set forth in paragraph (g) of subsection 2.
4. As used in this section, baccarat commission means:
(a) A fee assessed by a licensee on cash paid out as a loss to a patron at baccarat to modify the odds of the game; or
(b) A rate or fee charged by a licensee for the right to participate in a baccarat game.
Sec. 1.3. NRS 463.3086 is hereby amended to read as follows:
463.3086 1. If the location of a proposed establishment:
(a) Is not within the Las Vegas Boulevard gaming corridor or the rural Clark County gaming zone; and
(b) Is not within a gaming enterprise district,
Κ the Commission shall not approve a nonrestricted license for the establishment unless the location of the establishment is designated a gaming enterprise district pursuant to this section.
2. If a person is proposing to operate an establishment with a nonrestricted license and the location of the proposed establishment:
(a) Is not within the Las Vegas Boulevard gaming corridor or the rural Clark County gaming zone; and
(b) Is not within a gaming enterprise district,
Κ the person may petition the county, city or town having jurisdiction over the location of the proposed establishment to designate the location of the proposed establishment a gaming enterprise district pursuant to this section.
3. If a person files a petition pursuant to subsection 2, the county, city or town shall, at least 10 days before the date of the hearing on the petition, mail a notice of the hearing to:
(a) Each owner of real property whose property line is less than 2,500 feet from the property line of the proposed establishment;
(b) The owner, as listed on the county assessors records, of each of the 30 separately owned parcels nearest the proposed establishment, to the extent this notice does not duplicate the notice given pursuant to paragraph (a);
(c) Each tenant of a mobile home park whose property line is less than 2,500 feet from the property line of the proposed establishment; and
(d) Any advisory board that represents one or more owners of real property or tenants of a mobile home park whose property line is less than 2,500 feet from the property line of the proposed establishment.
Κ The notice must be written in language that is easy to understand and must set forth the date, time, place and purpose of the hearing and contain a physical description or map of the location of the proposed establishment. The petitioner shall pay the costs of providing the notice that is required by this subsection.
4. Any interested person is entitled to be heard at the hearing on the petition.
5. The county, city or town shall cause the hearing on the petition to be reported by a court reporter who is certified pursuant to chapter 656 of NRS. The petitioner shall pay the costs of having the hearing reported.
6. At the hearing, the petitioner must prove by clear and convincing evidence that:
κ2023 Statutes of Nevada, Page 2456 (CHAPTER 412, SB 266)κ
(a) The roads, water, sanitation, utilities and related services to the location are adequate;
(b) The proposed establishment will not unduly impact public services, consumption of natural resources and the quality of life enjoyed by residents of the surrounding neighborhoods;
(c) The proposed establishment will enhance, expand and stabilize employment and the local economy;
(d) The proposed establishment will be located in an area planned or zoned for that purpose pursuant to NRS 278.010 to 278.630, inclusive;
(e) The proposed establishment will not be detrimental to the health, safety or general welfare of the community or be incompatible with the surrounding area;
(f) [On] Except as otherwise provided in subsection 7, on the date that the petition was filed, the property line of the proposed establishment was not less than:
(1) Five hundred feet from the property line of a developed residential district; and
(2) Fifteen hundred feet from the property line of a public school, private school or structure used primarily for religious services or worship; and
(g) [The] Except as otherwise provided in subsection 7, the proposed establishment will not adversely affect:
(1) A developed residential district; or
(2) A public school, private school or structure used primarily for religious services,
Κ whose property line is within 2,500 feet from the property line of the proposed establishment.
7. The provisions of paragraphs (f) and (g) of subsection 6 do not apply if:
(a) The location of the proposed establishment consists of 20 or more contiguous acres;
(b) The property line of the proposed establishment is separated by an interstate highway from the property line of any developed residential district, public school, private school or structure used primarily for religious services; and
(c) Part of the location of the proposed establishment is within the Las Vegas Boulevard gaming corridor.
8. A three-fourths vote of the governing body of the county, city or town is required to grant the petition to designate the location of the proposed establishment a gaming enterprise district pursuant to this section.
[8.] 9. A county, city or town that denies a petition submitted pursuant to this section shall not consider another petition concerning the same location or any portion thereof for 1 year after the date of the denial.
[9.] 10. As used in this section:
(a) Developed residential district means a parcel of land zoned primarily for residential use in which at least one completed residential unit has been constructed on the date that the petitioner files a petition pursuant to this section.
(b) Private school has the meaning ascribed to it in NRS 394.103.
(c) Public school has the meaning ascribed to it in NRS 385.007.
κ2023 Statutes of Nevada, Page 2457 (CHAPTER 412, SB 266)κ
Sec. 1.5. NRS 463.710 is hereby amended to read as follows:
463.710 Unless otherwise ordered by the Board or Commission, a licensee who participates in foreign gaming shall file with the Board:
1. As soon as participation in foreign gaming begins, [all documents filed by the licensee or by an affiliate with the foreign jurisdiction.] a notice indicating that fact.
2. [Annual operational and regulatory reports describing compliance with regulations, procedures for audit, and procedures for surveillance relating to the foreign gaming operation.
3.] Quarterly reports regarding any of the following information which is within the knowledge of the licensee:
(a) Any changes in ownership or control of any interest in the foreign gaming operation;
(b) Any changes in officers, directors or key employees ; [of the foreign gaming operation;]
(c) All complaints, disputes, orders to show cause and disciplinary actions, related to gaming, instituted or presided over by an entity of the United States, a state or any other governmental jurisdiction [concerning the foreign gaming operation;] outside this State;
(d) Any arrest of an employee [of the foreign gaming operation] involving cheating or theft, related to gaming, in the foreign jurisdiction; and
(e) Any arrest or conviction of an officer, director, key employee or owner of equity in the foreign gaming operation for an offense that would constitute a gross misdemeanor or felony in this state.
3. As soon as participation in foreign gaming has entirely ceased, a notice indicating that fact.
4. Such other information as the Commission requires by regulation.
Sec. 2. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 2458κ
Senate Bill No. 434Senator Neal
CHAPTER 413
[Approved: June 13, 2023]
AN ACT relating to retirement; revising provisions governing eligibility for membership in the Public Employees Retirement System; revising provisions governing the options for service retirement allowances under the System; revising provisions relating to the granting of a divorce; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Eligible retired public employees receive retirement allowances through membership in and contributions to the Public Employees Retirement System. (Chapter 286 of NRS) Under existing law, certain persons are not eligible to be members of the System, including substitute teachers. (NRS 286.297) Section 1 of this bill makes substitute teachers eligible for membership in the System.
Existing law provides several different alternative options to an unmodified retirement allowance under the Public Employees Retirement System that members are authorized to elect upon retirement. (NRS 286.590) Section 2 of this bill provides the additional alternative option of a reduced service retirement allowance with a benefit paid for 6 months to a designated beneficiary or an alternate beneficiary.
Existing law specifies certain powers and duties of courts in granting a divorce. (NRS 125.150) Section 2.5 of this bill requires a court, in granting a divorce, to provide an explanation, or ensure that an explanation has been provided, to the parties of any provision relating to the disposition of pension or retirement benefits that will be included in the decree of divorce or any related order.
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 286.297 is hereby amended to read as follows:
286.297 The following persons are not eligible to become members of the System:
1. Inmates of state institutions even though they may be receiving compensation for services performed for the institution.
2. Independent contractors or persons rendering professional services on a fee, retainer or contract basis.
3. Except as otherwise provided in NRS 286.525, persons retired under the provisions of this chapter who are employed by a participating public employer.
4. Members of boards or commissions of the State of Nevada or of its political subdivisions when such boards or commissions are advisory or directive and when membership thereon is not compensated except for expenses incurred. Receipt of a fee for attendance at official sessions of a particular board or commission does not constitute compensation for the purpose of this subsection.
5. [Substitute teachers and students] Students who are employed by the institution which they attend.
κ2023 Statutes of Nevada, Page 2459 (CHAPTER 413, SB 434)κ
6. District judges, judges of the Court of Appeals and justices of the Supreme Court first elected or appointed on or after July 1, 1977, who are not enrolled in the System at the time of election or appointment.
7. Members of the professional staff of the Nevada System of Higher Education who are employed on or after July 1, 1977.
8. Persons employed on or after July 1, 1979, under the Comprehensive Employment and Training Act.
9. Except as otherwise provided in NRS 286.293, persons assigned to intermittent or temporary positions unless the assignment exceeds 6 consecutive months.
10. Persons employed on or after July 1, 1981, as part-time guards at school crossings.
11. Nurses who:
(a) Are not full-time employees;
(b) Are paid an hourly wage on a daily basis;
(c) Do not receive the employee benefits received by other employees of the same employer; and
(d) Do not work a regular schedule or are requested to work for a shift at a time.
Sec. 2. NRS 286.590 is hereby amended to read as follows:
286.590 The alternatives to an unmodified service retirement allowance are as follows:
1. Option 2 consists of a reduced service retirement allowance payable monthly during the retired employees life, with the provision that it continue after the retired employees death for the life of the beneficiary whom the retired employee nominates by written designation acknowledged and filed with the Board at the time of retirement should the beneficiary survive the retired employee.
2. Option 3 consists of a reduced service retirement allowance payable monthly during the retired employees life, with the provision that it continue after the retired employees death at one-half the rate paid to the retired employee and be paid for the life of the beneficiary whom the retired employee nominates by written designation acknowledged and filed with the Board at the time of retirement should the beneficiary survive the retired employee.
3. Option 4 consists of a reduced service retirement allowance payable monthly during the retired employees life, with the provision that it continue after the retired employees death for the life of the retired employees beneficiary, whom the retired employee nominates by written designation acknowledged and filed with the Board at the time of the election, should the retired employees beneficiary survive the retired employee, beginning on the attainment by the surviving beneficiary of age 60. If a beneficiary designated under this option dies after the date of the retired employees death but before attaining age 60, the contributions of the retired employee which have not been returned to the retired employee or the retired employees beneficiary must be paid to the estate of the deceased beneficiary.
4. Option 5 consists of a reduced service retirement allowance payable monthly during the retired employees life, with the provision that it continue after the retired employees death at one-half the rate paid to the retired employee and be paid for the life of the retired employees beneficiary whom the retired employee nominates by written designation acknowledged and filed with the Board at the time of the election, should the retired employees beneficiary survive the retired employee, beginning on the attainment by the surviving beneficiary of age 60. If a beneficiary designated under this option dies after the date of the retired employees death but before attaining age 60, the contributions of the retired employee which have not been returned to the retired employee or the retired employees beneficiary must be paid to the estate of the deceased beneficiary.
κ2023 Statutes of Nevada, Page 2460 (CHAPTER 413, SB 434)κ
dies after the date of the retired employees death but before attaining age 60, the contributions of the retired employee which have not been returned to the retired employee or the retired employees beneficiary must be paid to the estate of the deceased beneficiary.
5. Option 6 consists of a reduced service retirement allowance payable monthly during the retired employees life, with the provision that a specific sum per month, which cannot exceed the monthly allowance paid to the retired employee, be paid after the retired employees death to the beneficiary for the life of the beneficiary whom the retired employee nominates by written designation acknowledged and filed with the Board at the time of retirement, should the beneficiary survive the retired employee.
6. Option 7 consists of a reduced service retirement allowance payable monthly during the retired employees life, with the provision that a specific sum per month, which cannot exceed the monthly allowance paid to the retired employee, be paid after the retired employees death to the beneficiary for the life of the beneficiary whom the retired employee nominates by written designation acknowledged and filed with the Board at the time of election, should the beneficiary survive the retired employee, beginning on the attainment by the surviving beneficiary of age 60 years. If a surviving beneficiary dies after the date of the retired employees death, but before attaining age 60, all contributions of the retired employee which have not been returned to the retired employee or the retired employees beneficiary must be paid to the estate of the beneficiary.
7. Option 8 consists of a reduced service retirement allowance payable monthly during the retired employees life, with the provision that a specific sum per month, which cannot exceed the monthly allowance paid to the retired employee, be paid for 6 months after the retired employees death to the beneficiary whom the retired employee nominates by written designation acknowledged and filed with the Board at the time of retirement, should the beneficiary survive the retired employee. The retired employee may also designate at the time of retirement one alternate beneficiary should the initial designated beneficiary not survive the retired employee. Except as otherwise provided in this subsection, if the designated beneficiary dies less than 6 months after the date of the retired employees death, any amount which has not been paid to the designated beneficiary pursuant to this subsection must be paid to the estate of the designated beneficiary. If the retired employee designated an alternate beneficiary, any amount which has not been paid pursuant to this subsection to the initial designated beneficiary before the initial designated beneficiarys death must be paid to the alternate designated beneficiary. If the alternate designated beneficiary also later dies less than 6 months after the date of the retired employees death, any amount which has not been paid to the alternate designated beneficiary pursuant to this subsection must be paid to the estate of the alternate designated beneficiary. If the initial designated beneficiary and, if applicable, the alternate designated beneficiary do not survive the retired employee, any amount which is required to be paid pursuant to this subsection to a beneficiary must be paid to the estate of the retired employee.
Sec. 2.5. NRS 125.150 is hereby amended to read as follows:
125.150 Except as otherwise provided in NRS 125.155 and 125.165, and unless the action is contrary to a premarital agreement between the parties which is enforceable pursuant to chapter 123A of NRS:
κ2023 Statutes of Nevada, Page 2461 (CHAPTER 413, SB 434)κ
1. In granting a divorce, the court:
(a) May award such alimony to either spouse, in a specified principal sum or as specified periodic payments, as appears just and equitable; [and]
(b) Shall, to the extent practicable, make an equal disposition of the community property of the parties, including, without limitation, any community property transferred into an irrevocable trust pursuant to NRS 123.125 over which the court acquires jurisdiction pursuant to NRS 164.010, except that the court may make an unequal disposition of the community property in such proportions as it deems just if the court finds a compelling reason to do so and sets forth in writing the reasons for making the unequal disposition [.] ; and
(c) Shall provide an explanation, or ensure that an explanation has been provided, to the parties of any provision relating to the disposition of pension or retirement benefits that will be included in the decree of divorce or any related order.
2. Except as otherwise provided in this subsection, in granting a divorce, the court shall dispose of any property held in joint tenancy in the manner set forth in subsection 1 for the disposition of community property. If a party has made a contribution of separate property to the acquisition or improvement of property held in joint tenancy, the court may provide for the reimbursement of that party for his or her contribution. The amount of reimbursement must not exceed the amount of the contribution of separate property that can be traced to the acquisition or improvement of property held in joint tenancy, without interest or any adjustment because of an increase in the value of the property held in joint tenancy. The amount of reimbursement must not exceed the value, at the time of the disposition, of the property held in joint tenancy for which the contribution of separate property was made. In determining whether to provide for the reimbursement, in whole or in part, of a party who has contributed separate property, the court shall consider:
(a) The intention of the parties in placing the property in joint tenancy;
(b) The length of the marriage; and
(c) Any other factor which the court deems relevant in making a just and equitable disposition of that property.
Κ As used in this subsection, contribution includes, without limitation, a down payment, a payment for the acquisition or improvement of property, and a payment reducing the principal of a loan used to finance the purchase or improvement of property. The term does not include a payment of interest on a loan used to finance the purchase or improvement of property, or a payment made for maintenance, insurance or taxes on property.
3. A party may file a postjudgment motion in any action for divorce, annulment or separate maintenance to obtain adjudication of any community property or liability omitted from the decree or judgment as the result of fraud or mistake. A motion pursuant to this subsection must be filed within 3 years after the discovery by the aggrieved party of the facts constituting the fraud or mistake. The court has continuing jurisdiction to hear such a motion and shall equally divide the omitted community property or liability between the parties unless the court finds that:
(a) The community property or liability was included in a prior equal disposition of the community property of the parties or in an unequal disposition of the community property of the parties which was made pursuant to written findings of a compelling reason for making that unequal disposition; or
κ2023 Statutes of Nevada, Page 2462 (CHAPTER 413, SB 434)κ
(b) The court determines a compelling reason in the interests of justice to make an unequal disposition of the community property or liability and sets forth in writing the reasons for making the unequal disposition.
Κ If a motion pursuant to this subsection results in a judgment dividing a defined benefit pension plan, the judgment may not be enforced against an installment payment made by the plan more than 6 years after the installment payment.
4. Except as otherwise provided in NRS 125.141, whether or not application for suit money has been made under the provisions of NRS 125.040, the court may award a reasonable attorneys fee to either party to an action for divorce.
5. In granting a divorce, the court may also set apart such portion of the separate property of either spouse for the other spouses support or the separate property of either spouse for the support of their children as is deemed just and equitable.
6. In the event of the death of either party or the subsequent remarriage of the spouse to whom specified periodic payments were to be made, all the payments required by the decree must cease, unless it was otherwise ordered by the court.
7. If the court adjudicates the property rights of the parties, or an agreement by the parties settling their property rights has been approved by the court, whether or not the court has retained jurisdiction to modify them, the adjudication of property rights, and the agreements settling property rights, may nevertheless at any time thereafter be modified by the court upon written stipulation signed and acknowledged by the parties to the action, and in accordance with the terms thereof.
8. If a decree of divorce, or an agreement between the parties which was ratified, adopted or approved in a decree of divorce, provides for specified periodic payments of alimony, the decree or agreement is not subject to modification by the court as to accrued payments. Payments pursuant to a decree entered on or after July 1, 1975, which have not accrued at the time a motion for modification is filed may be modified upon a showing of changed circumstances, whether or not the court has expressly retained jurisdiction for the modification. In addition to any other factors the court considers relevant in determining whether to modify the order, the court shall consider whether the income of the spouse who is ordered to pay alimony, as indicated on the spouses federal income tax return for the preceding calendar year, has been reduced to such a level that the spouse is financially unable to pay the amount of alimony the spouse has been ordered to pay.
9. In addition to any other factors the court considers relevant in determining whether to award alimony and the amount of such an award, the court shall consider:
(a) The financial condition of each spouse;
(b) The nature and value of the respective property of each spouse;
(c) The contribution of each spouse to any property held by the spouses pursuant to NRS 123.030;
(d) The duration of the marriage;
(e) The income, earning capacity, age and health of each spouse;
(f) The standard of living during the marriage;
(g) The career before the marriage of the spouse who would receive the alimony;
κ2023 Statutes of Nevada, Page 2463 (CHAPTER 413, SB 434)κ
(h) The existence of specialized education or training or the level of marketable skills attained by each spouse during the marriage;
(i) The contribution of either spouse as homemaker;
(j) The award of property granted by the court in the divorce, other than child support and alimony, to the spouse who would receive the alimony; and
(k) The physical and mental condition of each party as it relates to the financial condition, health and ability to work of that spouse.
10. In granting a divorce, the court shall consider the need to grant alimony to a spouse for the purpose of obtaining training or education relating to a job, career or profession. In addition to any other factors the court considers relevant in determining whether such alimony should be granted, the court shall consider:
(a) Whether the spouse who would pay such alimony has obtained greater job skills or education during the marriage; and
(b) Whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or education.
11. If the court determines that alimony should be awarded pursuant to the provisions of subsection 10:
(a) The court, in its order, shall provide for the time within which the spouse who is the recipient of the alimony must commence the training or education relating to a job, career or profession.
(b) The spouse who is ordered to pay the alimony may, upon changed circumstances, file a motion to modify the order.
(c) The spouse who is the recipient of the alimony may be granted, in addition to any other alimony granted by the court, money to provide for:
(1) Testing of the recipients skills relating to a job, career or profession;
(2) Evaluation of the recipients abilities and goals relating to a job, career or profession;
(3) Guidance for the recipient in establishing a specific plan for training or education relating to a job, career or profession;
(4) Subsidization of an employers costs incurred in training the recipient;
(5) Assisting the recipient to search for a job; or
(6) Payment of the costs of tuition, books and fees for:
(I) The equivalent of a high school diploma;
(II) College courses which are directly applicable to the recipients goals for his or her career; or
(III) Courses of training in skills desirable for employment.
12. For the purposes of this section, a change of 20 percent or more in the gross monthly income of a spouse who is ordered to pay alimony shall be deemed to constitute changed circumstances requiring a review for modification of the payments of alimony. As used in this subsection, gross monthly income means the total amount of income received each month from any source of a person who is not self-employed or the gross income from any source of a self-employed person, after deduction of all legitimate business expenses, but without deduction for personal income taxes, contributions for retirement benefits, contributions to a pension or for any other personal expenses.
Sec. 3. (Deleted by amendment.)
Sec. 4. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 2464κ
Senate Bill No. 38Committee on Judiciary
CHAPTER 414
[Approved: June 13, 2023]
AN ACT relating to crimes; prohibiting certain employees of or volunteers at a school from contacting or communicating with a pupil under certain circumstances; prohibiting certain employees of or volunteers at a school from engaging in conduct intended to cause or encourage a pupil to engage in sexual conduct, transmit or distribute a sexual image of the pupil or engage in certain other behavior; prohibiting a court from ordering a victim or witness of such conduct to be subject to a psychological or psychiatric examination; providing that certain persons who are convicted of engaging in such conduct are subject to various statutory provisions relating to electronic communications devices; revising provisions relating to the licensure and employment of persons convicted of engaging in certain prohibited conduct with pupils; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prohibits certain employees of or volunteers at a school from engaging in sexual conduct with certain pupils. (NRS 201.540) Existing law also prohibits: (1) a person from possessing a visual representation depicting a sexual portrayal or sexual conduct of certain minors; and (2) a minor from using an electronic communication device to transmit or distribute a sexual image of himself or herself to another person. (NRS 200.730, 200.737) Unless a greater penalty is provided by specific statute, section 2 of this bill provides that a person in a position of authority is guilty of a category C felony if he or she knowingly contacts or communicates with or attempts to contact or communicate with a pupil with the intent to: (1) engage in the commission of a crime punishable as a felony or gross misdemeanor; or (2) cause or encourage the pupil to engage in sexual conduct, use an electronic communication device to transmit or distribute a sexual image of himself or herself to the person or facilitate the commission of an unlawful act that, if committed by an adult, would be a felony or gross misdemeanor. Section 2 creates an exemption from the crime prescribed in section 2 if the person in a position of authority: (1) is married to the pupil at the time an act prohibited by section 2 is committed; (2) does not have or did not have contact with the pupil in the course of performing any of his or her duties; or (3) takes certain action upon receipt of an unsolicited sexual image or communication of a sexual nature from a pupil. Section 4 of this bill makes a conforming change to indicate the proper placement of section 2 in the Nevada Revised Statutes.
Existing law makes certain conduct relating to the exhibition or sale to minors of obscene material a misdemeanor offense, unless a greater penalty is provided by specific statute. (NRS 201.265) Section 3 of this bill adds a violation of section 2 to the list of specific statutes in which a greater penalty is provided.
Existing law prohibits a court from ordering the victim of or a witness to certain sexual offenses to take or submit to a psychological or psychiatric examination. (NRS 50.700) Section 5 of this bill adds a violation of section 2 to the list of sexual offenses to which that prohibition applies.
Existing law requires a court that grants probation to or suspends the sentence of certain persons convicted of an offense that involved the use of a computer, system or network to order, as a condition of probation or suspension, that the person not own or use a computer. (NRS 176A.413) Section 9 of this bill: (1) adds certain violations of section 2 to the list of offenses for which a court is required to issue such an order; and (2) provides that the prohibition on owning or using a computer includes any electronic communication device.
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electronic communication device. Existing law similarly requires the State Board of Parole Commissioners to require that certain persons convicted of an offense that involved the use of a computer, system or network not own or use a computer. (NRS 213.1258) Section 18 of this bill: (1) adds certain violations of section 2 to the list of offenses for which the Board is required to impose this condition of parole; and (2) provides that the prohibition on owning or using a computer includes any electronic communication device.
Existing law allows a judge to grant an order authorizing the interception of certain communications when the interception may provide evidence of the commission of certain offenses. (NRS 179.460) Section 12 of this bill adds a violation of section 2 to the list of offenses for which a judge may grant such an order.
Sections 19-25 and 33 of this bill authorize the board of trustees of a school district, the governing body of a public or private school and the administrator of a private school to use a substantiated report of a violation of section 2 for purposes of making certain employment decisions and certain other purposes. (NRS 288.150, 388A.515, 388A.5342, 388C.200, 391.033, 391.104, 391.281, 394.155)
Existing law requires the Superintendent of Public Instruction to grant all licenses for teachers and other educational personnel. (NRS 391.033) Section 23 of this bill requires the Superintendent to suspend the application process for an applicant for licensure against whom a substantiated report of a violation of section 2 is made and take certain other actions related to the report.
Existing law authorizes the State Board of Education to suspend or revoke a license issued by the Superintendent if the licensee is convicted of certain offenses or a substantiated report of certain prohibited conduct is made against the licensee. (NRS 391.330) Section 26 of this bill: (1) adds a violation of section 2 to the list of offenses for which the State Board may suspend or revoke a license; and (2) authorizes the State Board to suspend or revoke the license of a person against whom a substantiated report of a violation of section 2 is made. Existing law authorizes the State Board to bill an employee for certain expenses related to a disciplinary hearing if the hearing results from a recommendation to revoke or suspend a license based upon certain convictions described in section 26. (NRS 391.355) Section 26.5 of this bill adds a conviction of a violation of section 2 to the list of hearings for which the State Board may bill an employee.
Existing law authorizes the board of trustees of a school district or the governing body of a public school to suspend, dismiss, demote or refuse to employ a teacher or administrator for immorality. (NRS 391.650, 391.750) Existing law also authorizes the superintendent of a school district to suspend a licensed employee who has been charged but not yet convicted of a crime involving immorality. (NRS 391.760) Sections 27 and 28 of this bill add a violation of section 2 to the list of immoral acts for which such action may be taken. Section 28 also provides that a licensed employee who is convicted of a violation of section 2 forfeits all rights of employment after the date of his or her arrest.
Existing law requires an employee of or a volunteer for a school to report certain conduct to an agency which provides child welfare services and to a law enforcement agency. (NRS 392.303) Section 29 of this bill additionally requires an employee of or a volunteer for a school to make such a report for a violation of section 2. Sections 29-32 of this bill make conforming changes relating to the requirement that an employee or a volunteer make such a report. (NRS 392.317, 392.337)
Section 34 of this bill requires the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child to contain the information in any substantiated report of a violation of section 2. (NRS 432.100) Section 36 of this bill requires certain employers to screen employees through the Central Registry to determine whether the person has been the subject of a substantiated report of a violation of section 2. (NRS 433.639) Section 35 of this bill makes a conforming change relating to the inclusion in the Central Registry of information relating to a violation of section 2.
Section 37 of this bill makes the amendatory provisions of sections 1-36 apply to offenses committed on and after October 1, 2023.
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EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 2. Chapter 201 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2 and unless a greater penalty is provided by specific statute, a person in a position of authority who knowingly contacts or communicates with or attempts to contact or communicate with a pupil with the intent to:
(a) Engage in the commission of a crime punishable as a felony or gross misdemeanor; or
(b) Cause or encourage the pupil to:
(1) Engage in sexual conduct, either in person or through the use of an electronic communication device;
(2) Use an electronic communication device to transmit or distribute a sexual image of himself or herself to the person;
(3) Engage in an unlawful act that, if committed by an adult, would be a felony or gross misdemeanor; or
(4) Facilitate the commission by the person in a position of authority of a crime punishable as a felony or gross misdemeanor,
Κ is guilty of a category C felony and shall be punished as provided in NRS 193.130.
2. The provisions of this section do not apply if the person in a position of authority:
(a) Is married to the pupil at the time an act prohibited by this section is committed;
(b) Does not have or did not have contact with the pupil in the course of performing any of his or her duties; or
(c) Receives from a pupil, by electronic communication device, an unsolicited sexual image or communication of a sexual nature and reports the image or communication to the principal, administrator or other person in charge of the school at which the person is employed or volunteers as soon as reasonably practicable after receipt of the image or communication.
3. As used in this section:
(a) Electronic communication device has the meaning ascribed to it in NRS 200.737.
(b) Person in a position of authority means a person who is 18 years of age or older and who:
(1) Is or was an employee at or volunteer for a public school or private school; and
(2) Has had contact with a pupil in the course of performing his or her duties as an employee or volunteer.
(c) Pupil means a person who is or was enrolled in or attending a public school or private school.
(d) Sexual conduct has the meaning ascribed to it in NRS 201.520 and also includes sexual conduct between two persons who are in different physical locations but who are communicating with each other through the use of an electronic communication device.
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(e) Sexual image means any visual depiction, including, without limitation, any photograph or video of a pupil simulating or engaging in sexual conduct or of the pupil as the subject of a sexual portrayal.
(f) Sexual portrayal has the meaning ascribed to it in NRS 200.700.
Sec. 3. NRS 201.265 is hereby amended to read as follows:
201.265 Except as otherwise provided in NRS 200.720 and 201.2655, and unless a greater penalty is provided pursuant to NRS 201.560 [,] or section 2 of this act, a person is guilty of a misdemeanor if the person knowingly:
1. Distributes or causes to be distributed to a minor material that is harmful to minors, unless the person is the parent, guardian or spouse of the minor.
2. Exhibits for distribution to an adult in such a manner or location as to allow a minor to view or to have access to examine material that is harmful to minors, unless the person is the parent, guardian or spouse of the minor.
3. Sells to a minor an admission ticket or pass for or otherwise admits a minor for monetary consideration to any presentation of material that is harmful to minors, unless the minor is accompanied by his or her parent, guardian or spouse.
4. Misrepresents that he or she is the parent, guardian or spouse of a minor for the purpose of:
(a) Distributing to the minor material that is harmful to minors; or
(b) Obtaining admission of the minor to any presentation of material that is harmful to minors.
5. Misrepresents his or her age as 18 or over for the purpose of obtaining:
(a) Material that is harmful to minors; or
(b) Admission to any presentation of material that is harmful to minors.
6. Sells or rents motion pictures which contain material that is harmful to minors on the premises of a business establishment open to minors, unless the person creates an area within the establishment for the placement of the motion pictures and any material that advertises the sale or rental of the motion pictures which:
(a) Prevents minors from observing the motion pictures or any material that advertises the sale or rental of the motion pictures; and
(b) Is labeled, in a prominent and conspicuous location, Adults Only.
Sec. 4. NRS 201.470 is hereby amended to read as follows:
201.470 As used in NRS 201.470 to 201.550, inclusive, and section 2 of this act, unless the context otherwise requires, the words and terms defined in NRS 201.480 to 201.530, inclusive, have the meanings ascribed to them in those sections.
Sec. 5. NRS 50.700 is hereby amended to read as follows:
50.700 1. In any criminal or juvenile delinquency action relating to the commission of a sexual offense, a court may not order the victim of or a witness to the sexual offense to take or submit to a psychological or psychiatric examination.
2. The court may exclude the testimony of a licensed psychologist, psychiatrist or clinical social worker who performed a psychological or psychiatric examination on the victim or witness if:
(a) There is a prima facie showing of a compelling need for an additional psychological or psychiatric examination of the victim or witness by a licensed psychologist, psychiatrist or clinical social worker; and
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(b) The victim or witness refuses to submit to an additional psychological or psychiatric examination by a licensed psychologist, psychiatrist or clinical social worker.
3. In determining whether there is a prima facie showing of a compelling need for an additional psychological or psychiatric examination of the victim or witness pursuant to subsection 2, the court must consider whether:
(a) There is a reasonable basis for believing that the mental or emotional state of the victim or witness may have affected his or her ability to perceive and relate events relevant to the criminal prosecution; and
(b) Any corroboration of the offense exists beyond the testimony of the victim or witness.
4. If the court determines there is a prima facie showing of a compelling need for an additional psychological or psychiatric examination of the victim or witness, the court shall issue a factual finding that details with particularity the reasons why an additional psychological or psychiatric examination of the victim or witness is warranted.
5. If the court issues a factual finding pursuant to subsection 4 and the victim or witness consents to an additional psychological or psychiatric examination, the court shall set the parameters for the examination consistent with the purpose of determining the ability of the victim or witness to perceive and relate events relevant to the criminal prosecution.
6. As used in this section, sexual offense includes, without limitation:
(a) Sexual assault pursuant to NRS 200.366;
(b) Statutory sexual seduction pursuant to NRS 200.368;
(c) Battery with intent to commit sexual assault pursuant to NRS 200.400;
(d) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation;
(e) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;
(f) Incest pursuant to NRS 201.180;
(g) Open or gross lewdness pursuant to NRS 201.210;
(h) Indecent or obscene exposure pursuant to NRS 201.220;
(i) Lewdness with a child pursuant to NRS 201.230;
(j) Sexual penetration of a dead human body pursuant to NRS 201.450;
(k) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this section;
(l) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this section;
(m) Luring a child or a person with mental illness pursuant to NRS 201.560;
(n) An offense that is found to be sexually motivated pursuant to NRS 175.547 or 207.193;
(o) Pandering of a child pursuant to NRS 201.300;
(p) A violation of section 2 of this act;
(q) Any other offense that has an element involving a sexual act or sexual conduct with another person; or
[(q)] (r) Any attempt or conspiracy to commit an offense listed in this subsection.
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Secs. 6-8. (Deleted by amendment.)
Sec. 9. NRS 176A.413 is hereby amended to read as follows:
176A.413 1. Except as otherwise provided in subsection 2, if a defendant is convicted of stalking with the use of an Internet or network site, electronic mail, text messaging or any other similar means of communication pursuant to subsection 4 of NRS 200.575, an offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive, [or] luring a child or a person with mental illness through the use of a computer, system or network pursuant to paragraph (a) or (b) of subsection 4 of NRS 201.560 or a violation of section 2 of this act which involved the use of an electronic communication device and the court grants probation or suspends the sentence, the court shall, in addition to any other condition ordered pursuant to NRS 176A.400, order as a condition of probation or suspension that the defendant not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.
2. The court is not required to impose a condition of probation or suspension of sentence set forth in subsection 1 if the court finds that:
(a) The use of a computer by the defendant will assist a law enforcement agency or officer in a criminal investigation;
(b) The defendant will use the computer to provide technological training concerning technology of which the defendant has a unique knowledge; or
(c) The use of the computer by the defendant will assist companies that require the use of the specific technological knowledge of the defendant that is unique and is otherwise unavailable to the company.
3. Except as otherwise provided in subsection 1, if a defendant is convicted of an offense that involved the use of a computer, system or network and the court grants probation or suspends the sentence, the court may, in addition to any other condition ordered pursuant to NRS 176A.400, order as a condition of probation or suspension that the defendant not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.
4. As used in this section:
(a) Computer has the meaning ascribed to it in NRS 205.4735 [.] and includes, without limitation, an electronic communication device.
(b) Electronic communication device has the meaning ascribed to it in NRS 200.737.
(c) Network has the meaning ascribed to it in NRS 205.4745.
[(c)] (d) System has the meaning ascribed to it in NRS 205.476.
[(d)] (e) Text messaging has the meaning ascribed to it in NRS 200.575.
Secs. 10 and 11. (Deleted by amendment.)
Sec. 12. NRS 179.460 is hereby amended to read as follows:
179.460 1. The Attorney General or the district attorney of any county may apply to a Supreme Court justice or to a district judge in the county where the interception is to take place for an order authorizing the interception of wire, electronic or oral communications, and the judge may, in accordance with NRS 179.470 to 179.515, inclusive, grant an order authorizing the interception of wire, electronic or oral communications by investigative or law enforcement officers having responsibility for the investigation of the offense as to which the application is made, when the interception may provide evidence of the commission of murder, kidnapping, robbery, extortion, bribery, escape of an offender in the custody of the Department of Corrections, destruction of public property by explosives, a sexual offense against a child, sex trafficking, a violation of NRS 200.463, 200.464 or 200.465, trafficking in persons in violation of NRS 200.467 or 200.468, the commission of any offense which is made a felony by the provisions of chapter 453 or 454 of NRS or a violation of NRS 463.160 or 465.086 [.]
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200.464 or 200.465, trafficking in persons in violation of NRS 200.467 or 200.468, the commission of any offense which is made a felony by the provisions of chapter 453 or 454 of NRS or a violation of NRS 463.160 or 465.086 [.] or a violation of section 2 of this act.
2. A provider of electronic communication service or a public utility, an officer, employee or agent thereof or another person associated with the provider of electronic communication service or public utility who, pursuant to an order issued pursuant to subsection 1, provides information or otherwise assists an investigative or law enforcement officer in the interception of a wire, electronic or oral communication is immune from any liability relating to any interception made pursuant to the order.
3. As used in this section, sexual offense against a child includes any act upon a child constituting:
(a) Incest pursuant to NRS 201.180;
(b) Lewdness with a child pursuant to NRS 201.230;
(c) Sado-masochistic abuse pursuant to NRS 201.262;
(d) Sexual assault pursuant to NRS 200.366;
(e) Statutory sexual seduction pursuant to NRS 200.368;
(f) Open or gross lewdness pursuant to NRS 201.210; or
(g) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony.
Secs. 13-17. (Deleted by amendment.)
Sec. 18. NRS 213.1258 is hereby amended to read as follows:
213.1258 1. Except as otherwise provided in subsection 2, if the Board releases on parole a prisoner convicted of stalking with the use of an Internet or network site, electronic mail, text messaging or any other similar means of communication pursuant to subsection 4 of NRS 200.575, an offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive, [or] luring a child or a person with mental illness through the use of a computer, system or network pursuant to paragraph (a) or (b) of subsection 4 of NRS 201.560 [,] or a violation of section 2 of this act which involved the use of an electronic communication device, the Board shall, in addition to any other condition of parole, require as a condition of parole that the parolee not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.
2. The Board is not required to impose a condition of parole set forth in subsection 1 if the Board finds that:
(a) The use of a computer by the parolee will assist a law enforcement agency or officer in a criminal investigation;
(b) The parolee will use the computer to provide technological training concerning technology of which the defendant has a unique knowledge; or
(c) The use of the computer by the parolee will assist companies that require the use of the specific technological knowledge of the parolee that is unique and is otherwise unavailable to the company.
3. Except as otherwise provided in subsection 1, if the Board releases on parole a prisoner convicted of an offense that involved the use of a computer, system or network, the Board may, in addition to any other condition of parole, require as a condition of parole that the parolee not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.
4. As used in this section:
(a) Computer has the meaning ascribed to it in NRS 205.4735 [.] and includes, without limitation, an electronic communication device.
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(b) Electronic communication device has the meaning ascribed to it in NRS 200.737.
(c) Network has the meaning ascribed to it in NRS 205.4745.
[(c)] (d) System has the meaning ascribed to it in NRS 205.476.
[(d)] (e) Text messaging has the meaning ascribed to it in NRS 200.575.
Sec. 19. NRS 288.150 is hereby amended to read as follows:
288.150 1. Except as otherwise provided in subsection 6 and NRS 354.6241, every local government employer shall negotiate in good faith through one or more representatives of its own choosing concerning the mandatory subjects of bargaining set forth in subsection 2 with the designated representatives of the recognized employee organization, if any, for each appropriate bargaining unit among its employees. If either party so requests, agreements reached must be reduced to writing.
2. The scope of mandatory bargaining is limited to:
(a) Salary or wage rates or other forms of direct monetary compensation.
(b) Sick leave.
(c) Vacation leave.
(d) Holidays.
(e) Other paid or nonpaid leaves of absence.
(f) Insurance benefits.
(g) Total hours of work required of an employee on each workday or workweek.
(h) Total number of days work required of an employee in a work year.
(i) Except as otherwise provided in subsections 8 and 11, discharge and disciplinary procedures.
(j) Recognition clause.
(k) The method used to classify employees in the bargaining unit.
(l) Deduction of dues for the recognized employee organization.
(m) Protection of employees in the bargaining unit from discrimination because of participation in recognized employee organizations consistent with the provisions of this chapter.
(n) No-strike provisions consistent with the provisions of this chapter.
(o) Grievance and arbitration procedures for resolution of disputes relating to interpretation or application of collective bargaining agreements.
(p) General savings clauses.
(q) Duration of collective bargaining agreements.
(r) Safety of the employee.
(s) Teacher preparation time.
(t) Materials and supplies for classrooms.
(u) Except as otherwise provided in subsections 9 and 11, the policies for the transfer and reassignment of teachers.
(v) Procedures for reduction in workforce consistent with the provisions of this chapter.
(w) Procedures consistent with the provisions of subsection 6 for the reopening of collective bargaining agreements for additional, further, new or supplementary negotiations during periods of fiscal emergency.
3. Those subject matters which are not within the scope of mandatory bargaining and which are reserved to the local government employer without negotiation include:
(a) Except as otherwise provided in paragraph (u) of subsection 2, the right to hire, direct, assign or transfer an employee, but excluding the right to assign or transfer an employee as a form of discipline.
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(b) The right to reduce in force or lay off any employee because of lack of work or lack of money, subject to paragraph (v) of subsection 2.
(c) The right to determine:
(1) Appropriate staffing levels and work performance standards, except for safety considerations;
(2) The content of the workday, including without limitation workload factors, except for safety considerations;
(3) The quality and quantity of services to be offered to the public; and
(4) The means and methods of offering those services.
(d) Safety of the public.
4. The provisions of NRS 245.063, 268.4069 and 391.1605 are not subject to negotiations with an employee organization. Any provision of a collective bargaining agreement negotiated pursuant to this chapter which differs from or conflicts in any way with the provisions of NRS 245.063, 268.4069 or 391.1605 is unenforceable and void.
5. If the local government employer is a school district, any money appropriated by the State to carry out increases in salaries or benefits for the employees of the school district is subject to negotiations with an employee organization.
6. Notwithstanding the provisions of any collective bargaining agreement negotiated pursuant to this chapter, a local government employer is entitled to:
(a) Reopen a collective bargaining agreement for additional, further, new or supplementary negotiations relating to compensation or monetary benefits during a period of fiscal emergency. Negotiations must begin not later than 21 days after the local government employer notifies the employee organization that a fiscal emergency exists. For the purposes of this section, a fiscal emergency shall be deemed to exist:
(1) If the amount of revenue received by the general fund of the local government employer during the last preceding fiscal year from all sources, except any nonrecurring source, declined by 5 percent or more from the amount of revenue received by the general fund from all sources, except any nonrecurring source, during the next preceding fiscal year, as reflected in the reports of the annual audits conducted for those fiscal years for the local government employer pursuant to NRS 354.624; or
(2) If the local government employer has budgeted an unreserved ending fund balance in its general fund for the current fiscal year in an amount equal to 4 percent or less of the actual expenditures from the general fund for the last preceding fiscal year, and the local government employer has provided a written explanation of the budgeted ending fund balance to the Department of Taxation that includes the reason for the ending fund balance and the manner in which the local government employer plans to increase the ending fund balance.
(b) Take whatever actions may be necessary to carry out its responsibilities in situations of emergency such as a riot, military action, natural disaster or civil disorder. Those actions may include the suspension of any collective bargaining agreement for the duration of the emergency.
Κ Any action taken under the provisions of this subsection must not be construed as a failure to negotiate in good faith.
7. The provisions of this chapter, including without limitation the provisions of this section, recognize and declare the ultimate right and responsibility of the local government employer to manage its operation in the most efficient manner consistent with the best interests of all its citizens, its taxpayers and its employees.
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operation in the most efficient manner consistent with the best interests of all its citizens, its taxpayers and its employees.
8. If the sponsor of a charter school reconstitutes the governing body of a charter school pursuant to NRS 388A.330, the new governing body may terminate the employment of any teachers or other employees of the charter school, and any provision of any agreement negotiated pursuant to this chapter that provides otherwise is unenforceable and void.
9. The board of trustees of a school district in which a school is designated as a turnaround school pursuant to NRS 388G.400 or the principal of such a school, as applicable, may take any action authorized pursuant to NRS 388G.400, including, without limitation:
(a) Reassigning any member of the staff of such a school; or
(b) If the staff member of another public school consents, reassigning that member of the staff of the other public school to such a school.
10. Any provision of an agreement negotiated pursuant to this chapter which differs from or conflicts in any way with the provisions of subsection 9 or imposes consequences on the board of trustees of a school district or the principal of a school for taking any action authorized pursuant to subsection 9 is unenforceable and void.
11. The board of trustees of a school district or the governing body of a charter school or university school for profoundly gifted pupils may use a substantiated report of the abuse or neglect of a child or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 or section 2 of this act obtained from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100 or an equivalent registry maintained by a governmental agency in another jurisdiction for the purposes authorized by NRS 388A.515, 388C.200, 391.033, 391.104 or 391.281, as applicable. Such purposes may include, without limitation, making a determination concerning the assignment, discipline or termination of an employee. Any provision of any agreement negotiated pursuant to this chapter which conflicts with the provisions of this subsection is unenforceable and void.
12. This section does not preclude, but this chapter does not require, the local government employer to negotiate subject matters enumerated in subsection 3 which are outside the scope of mandatory bargaining. The local government employer shall discuss subject matters outside the scope of mandatory bargaining but it is not required to negotiate those matters.
13. Contract provisions presently existing in signed and ratified agreements as of May 15, 1975, at 12 p.m. remain negotiable.
14. As used in this section, abuse or neglect of a child has the meaning ascribed to it in NRS 392.281.
Sec. 20. NRS 388A.515 is hereby amended to read as follows:
388A.515 1. Each applicant for employment with and employee at a charter school, except a licensed teacher or other person licensed by the Superintendent of Public Instruction, and, except as otherwise provided in NRS 388A.516, each volunteer at a charter school who is likely to have unsupervised contact with pupils, must, before beginning his or her employment or service as a volunteer and at least once every 5 years thereafter, submit to the governing body of the charter school:
(a) A complete set of the applicants, employees or volunteers fingerprints and written permission authorizing the governing body to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant, or employee or volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant, employee or volunteer; and
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employee or volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant, employee or volunteer; and
(b) Written authorization for the governing body to obtain any information concerning the applicant, employee or volunteer that may be available from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100 and any equivalent registry maintained by a governmental entity in a jurisdiction in which the applicant, employee or volunteer has resided within the immediately preceding 5 years.
2. In conducting an investigation into the background of an applicant, employee or volunteer, the governing body of a charter school may cooperate with any appropriate law enforcement agency to obtain information relating to the background of the applicant, employee or volunteer, including, without limitation, any record of warrants for the arrest of or applications for protective orders against the applicant, employee or volunteer.
3. If the information obtained by the governing body pursuant to subsection 1 or 2 or subsection 5 of NRS 388A.516 indicates that the applicant, employee or volunteer has not been convicted of a crime listed in NRS 388A.5342, the governing body of the charter school may employ the applicant or employee or accept the volunteer, as applicable.
4. If the information obtained by the governing body pursuant to subsection 1 or 2 or subsection 5 of NRS 388A.516 indicates that the applicant, employee or volunteer has been convicted of a crime listed in NRS 388A.5342, and the governing body of the charter school does not disqualify the applicant or employee from employment or the volunteer from serving as a volunteer on the basis of that information, the governing body shall, upon the written authorization of the applicant, employee or volunteer, forward a copy of the information to the Superintendent of Public Instruction. If the applicant, employee or volunteer refuses to provide his or her written authorization to forward a copy of the information pursuant to this subsection, the charter school shall not employ the applicant or employee or accept the volunteer, as applicable.
5. Not later than 15 days after receiving the information obtained by the governing body pursuant to subsection 1 or 2 or subsection 5 of NRS 388A.516, the Superintendent of Public Instruction or the Superintendents designee shall review the information to determine whether the conviction of the applicant, employee or volunteer is related or unrelated to the position with the charter school for which the applicant has applied or in which the employee is employed or the volunteer wishes to serve. The applicant, employee or volunteer shall, upon the request of the Superintendent of Public Instruction or the Superintendents designee, provide any further information that the Superintendent or the designee determines is necessary to make the determination. If the governing body of the charter school desires to employ the applicant or employee or accept the volunteer, the governing body shall, upon the request of the Superintendent of Public Instruction or the Superintendents designee, provide any further information that the Superintendent or the designee determines is necessary to make the determination. The Superintendent of Public Instruction or the Superintendents designee shall provide written notice of the determination to the applicant, employee or volunteer and to the governing body of the charter school.
κ2023 Statutes of Nevada, Page 2475 (CHAPTER 414, SB 38)κ
6. If the Superintendent of Public Instruction or the Superintendents designee determines that the conviction of the applicant, employee or volunteer is related to the position with the charter school for which the applicant has applied or in which the employee is employed or the volunteer wishes to serve, the governing body of the charter school shall not employ the applicant or employee or accept the volunteer, as applicable. If the Superintendent of Public Instruction or the Superintendents designee determines that the conviction of the applicant, employee or volunteer is unrelated to the position with the charter school for which the applicant has applied or in which the employee is employed or the volunteer wishes to serve, the governing body of the charter school may employ the applicant or employee for that position or accept the volunteer, as applicable.
7. The governing body of a charter school may use a substantiated report of the abuse or neglect of a child, as defined in NRS 392.281, or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 or section 2 of this act obtained from the Statewide Central Registry or an equivalent registry maintained by a governmental agency in another jurisdiction:
(a) In making determinations concerning assignments, requiring retraining, imposing discipline, hiring, accepting a volunteer or termination; and
(b) In any proceedings to which the report is relevant, including, without limitation, an action for trespass or a restraining order.
8. The governing body of a charter school:
(a) May accept gifts, grants and donations to carry out the provisions of this section and NRS 388A.516.
(b) May not be held liable for damages resulting from any action of the governing body authorized by subsection 2 or 7 or NRS 388A.516.
Sec. 21. NRS 388A.5342 is hereby amended to read as follows:
388A.5342 The governing body of a charter school shall terminate the employment of any teacher or administrator who is employed by the charter school but is not licensed pursuant to chapter 391 of NRS upon his or her conviction of a:
1. Felony or crime involving moral turpitude; [or]
2. Sex offense pursuant to NRS 200.366, 200.368, 201.190, 201.220, 201.230, 201.540 or 201.560 [.] ; or
3. Violation of section 2 of this act.
Sec. 22. NRS 388C.200 is hereby amended to read as follows:
388C.200 1. Except as otherwise provided in NRS 388C.205, each applicant for employment with and employee at a university school for profoundly gifted pupils, except a licensed teacher or other person licensed by the Superintendent of Public Instruction, and each volunteer at a university school for profoundly gifted pupils who is likely to have unsupervised contact with pupils, must, before beginning his or her employment or service as a volunteer and at least once every 5 years thereafter, submit to the governing body of the university school:
(a) A complete set of his or her fingerprints and written permission authorizing the governing body to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant, employee or volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant, employee or volunteer; and
(b) Written authorization for the governing body to obtain any information concerning the applicant, employee or volunteer that may be available from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100 and any equivalent registry maintained by a governmental entity in a jurisdiction in which the applicant, employee or volunteer has resided within the immediately preceding 5 years.
κ2023 Statutes of Nevada, Page 2476 (CHAPTER 414, SB 38)κ
available from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100 and any equivalent registry maintained by a governmental entity in a jurisdiction in which the applicant, employee or volunteer has resided within the immediately preceding 5 years.
2. In conducting an investigation into the background of an applicant, employee or volunteer, the governing body of a university school for profoundly gifted pupils may cooperate with any appropriate law enforcement agency to obtain information relating to the background of the applicant, employee or volunteer, including, without limitation, any record of warrants for the arrest of or applications for protective orders against the applicant, employee or volunteer.
3. If the information obtained by the governing body pursuant to subsection 1 or 2 or subsection 5 of NRS 388C.205 indicates that the applicant, employee or volunteer has not been convicted of a felony or an offense involving moral turpitude, the governing body of the university school for profoundly gifted pupils may employ the applicant or employee or accept the volunteer, as applicable.
4. If the information obtained by the governing body pursuant to subsection 1 or 2 or subsection 5 of NRS 388C.205 indicates that the applicant, employee or volunteer has been convicted of a felony or an offense involving moral turpitude and the governing body of the university school for profoundly gifted pupils does not disqualify the applicant or employee from employment or the volunteer from serving as a volunteer on the basis of that report, the governing body shall, upon the written authorization of the applicant, employee or volunteer forward a copy of the information to the Superintendent of Public Instruction. If the applicant, employee or volunteer refuses to provide his or her written authorization to forward a copy of the report pursuant to this subsection, the university school shall not employ the applicant or employee or accept the volunteer, as applicable.
5. The Superintendent of Public Instruction or the Superintendents designee shall promptly review the information to determine whether the conviction of the applicant, employee or volunteer is related or unrelated to the position with the university school for profoundly gifted pupils for which the applicant has applied or in which the employee is employed or the volunteer wishes to serve. The applicant, employee or volunteer shall, upon the request of the Superintendent of Public Instruction or the Superintendents designee, provide any further information that the Superintendent or the designee determines is necessary to make the determination. If the governing body of the university school desires to employ the applicant or employee or accept the volunteer, the governing body shall, upon the request of the Superintendent of Public Instruction or the Superintendents designee, provide any further information that the Superintendent or the designee determines is necessary to make the determination. The Superintendent of Public Instruction or the Superintendents designee shall provide written notice of the determination to the applicant, employee or volunteer and to the governing body of the university school.
6. If the Superintendent of Public Instruction or the Superintendents designee determines that the conviction of the applicant, employee or volunteer is related to the position with the university school for profoundly gifted pupils for which the applicant has applied or in which the employee is employed or the volunteer wishes to serve, the governing body of the university school shall not employ the applicant or employee or accept the volunteer, as applicable.
κ2023 Statutes of Nevada, Page 2477 (CHAPTER 414, SB 38)κ
employed or the volunteer wishes to serve, the governing body of the university school shall not employ the applicant or employee or accept the volunteer, as applicable. If the Superintendent of Public Instruction or the Superintendents designee determines that the conviction of the applicant, employee or volunteer is unrelated to the position with the university school for which the applicant has applied or in which the employee is employed or the volunteer wishes to serve, the governing body of the university school may employ the applicant or employee for that position or accept the volunteer, as applicable.
7. The governing body of a university school for profoundly gifted pupils may use a substantiated report of the abuse or neglect of a child, as defined in NRS 392.281, or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 or section 2 of this act obtained from the Statewide Central Registry or an equivalent registry maintained by a governmental agency in another jurisdiction:
(a) In making determinations concerning assignments, requiring retraining, imposing discipline, hiring, accepting a volunteer or termination; and
(b) In any proceedings to which the report is relevant, including, without limitation, an action for trespass or a restraining order.
8. The governing body of a university school for profoundly gifted pupils:
(a) May accept any gifts, grants and donations to carry out the provisions of this section and NRS 388C.205.
(b) May not be held liable for damages resulting from any action of the governing body authorized by subsection 2 or 7 or NRS 388C.205.
Sec. 23. NRS 391.033 is hereby amended to read as follows:
391.033 1. All licenses for teachers and other educational personnel are granted by the Superintendent of Public Instruction pursuant to regulations adopted by the Commission and as otherwise provided by law.
2. An application for the issuance of a license must include the social security number of the applicant.
3. Every applicant for a license must submit with his or her application:
(a) A complete set of his or her fingerprints and written permission authorizing the Superintendent to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its initial report on the criminal history of the applicant and for reports thereafter upon renewal of the license pursuant to subsection 8 of NRS 179A.075, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant; and
(b) Written authorization for the Superintendent to obtain any information concerning the applicant that may be available from the Statewide Central Registry and any equivalent registry maintained by a governmental entity in a jurisdiction in which the applicant has resided within the immediately preceding 5 years.
4. In conducting an investigation into the background of an applicant for a license, the Superintendent may cooperate with any appropriate law enforcement agency to obtain information relating to the criminal history of the applicant, including, without limitation, any record of warrants for the arrest of or applications for protective orders against the applicant.
5. The Superintendent may issue a provisional license pending receipt of the reports of the Federal Bureau of Investigation and the Central Repository for Nevada Records of Criminal History if the Superintendent determines that the applicant is otherwise qualified.
κ2023 Statutes of Nevada, Page 2478 (CHAPTER 414, SB 38)κ
Repository for Nevada Records of Criminal History if the Superintendent determines that the applicant is otherwise qualified.
6. Except as otherwise provided in subsection 8, a license must be issued to, or renewed for, as applicable, an applicant if:
(a) The Superintendent determines that the applicant is qualified;
(b) The information obtained by the Superintendent pursuant to subsections 3 and 4:
(1) Does not indicate that the applicant has been convicted of a felony or any offense involving moral turpitude or indicates that the applicant has been convicted of a felony or an offense involving moral turpitude but the Superintendent determines that the conviction is unrelated to the position within the county school district or charter school for which the applicant applied or for which he or she is currently employed, as applicable;
(2) Does not indicate that there has been a substantiated report of abuse or neglect of a child, as defined in NRS 432B.020, or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 or section 2 of this act made against the applicant in any state; and
(3) Does not indicate that the applicant has a warrant for his or her arrest; and
(c) For initial licensure, the applicant submits the statement required pursuant to NRS 391.034.
7. If, pursuant to subparagraph (2) of paragraph (b) of subsection 6, the information indicates that a substantiated report has been made against the applicant in any state, the Superintendent shall:
(a) Suspend the application process;
(b) Notify the applicant of the substantiated report; and
(c) Provide the applicant an opportunity to rebut the substantiated report.
8. The Superintendent may deny an application for a license pursuant to this section if:
(a) A report on the criminal history of the applicant from the Federal Bureau of Investigation or the Central Repository for Nevada Records of Criminal History indicates that the applicant has been arrested for or charged with a sexual offense involving a minor or pupil, including, without limitation, any attempt, solicitation or conspiracy to commit such an offense; and
(b) The Superintendent provides to the applicant:
(1) Written notice of his or her intent to deny the application; and
(2) An opportunity for the applicant to have a hearing.
9. To request a hearing pursuant to subsection 8, an applicant must submit a written request to the Superintendent within 15 days after receipt of the notice by the applicant. Such a hearing must be conducted in accordance with regulations adopted by the State Board. If no request for a hearing is filed within that time, the Superintendent may deny the license.
10. If the Superintendent denies an application for a license pursuant to this section, the Superintendent must, within 15 days after the date on which the application is denied, provide notice of the denial to the school district or charter school that employs the applicant if the applicant is employed by a school district or charter school. Such a notice must not state the reasons for denial.
11. The Department shall:
(a) Maintain a list of the names of persons whose applications for a license are denied due to conviction of a sexual offense involving a minor;
(b) Update the list maintained pursuant to paragraph (a) monthly; and
κ2023 Statutes of Nevada, Page 2479 (CHAPTER 414, SB 38)κ
(c) Provide this list to the board of trustees of a school district or the governing body of a charter school upon request.
12. The Superintendent shall forward all information obtained from an investigation of an applicant pursuant to subsections 3 and 4 to the board of trustees of a school district, the governing body of a charter school or university school for profoundly gifted pupils or the administrator of a private school where the applicant is employed or seeking employment. Except as otherwise provided in this section, any information shared with the board of trustees of a school district, the governing body of a charter school or university school for profoundly gifted pupils or the administrator of a private school is confidential and must not be disclosed to any person other than the applicant. The board of trustees, governing body or administrator, as applicable, may use a substantiated report of the abuse or neglect of a child, as defined in NRS 392.281, or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 or section 2 of this act obtained from the Statewide Central Registry or an equivalent registry maintained by a governmental agency in another jurisdiction:
(a) In making determinations concerning assignments, requiring retraining, imposing discipline, hiring or termination; and
(b) In any proceedings to which the report is relevant, including, without limitation, an action for trespass or a restraining order.
13. The Superintendent, the board of trustees of a school district, the governing body of a charter school or university school for profoundly gifted pupils or the administrator of a private school may not be held liable for damages resulting from any action of the Superintendent, board of trustees, governing body or administrator, as applicable, authorized by subsection 4 or 12.
14. The Superintendent may enter into reciprocal agreements with appropriate officials of other countries concerning the licensing of teachers.
15. As used in this section, sexual offense has the meaning ascribed to it in NRS 179D.097.
Sec. 24. NRS 391.104 is hereby amended to read as follows:
391.104 1. Except as otherwise provided in NRS 391.105, each applicant for employment pursuant to NRS 391.100 or employee, except a teacher or other person licensed by the Superintendent of Public Instruction, or volunteer who is likely to have unsupervised contact with pupils, must, before beginning his or her employment or service as a volunteer and at least once every 5 years thereafter, submit to the school district:
(a) A full set of the applicants, employees or volunteers fingerprints and written permission authorizing the school district to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant, employee or volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant, employee or volunteer; and
(b) Written authorization for the board of trustees of the school district to obtain any information concerning the applicant, employee or volunteer that may be available from the Statewide Central Registry and any equivalent registry maintained by a governmental entity in a jurisdiction in which the applicant, employee or volunteer has resided within the immediately preceding 5 years.
2. In conducting an investigation into the background of an applicant, employee or volunteer, a school district may cooperate with any appropriate law enforcement agency to obtain information relating to the criminal history of the applicant, employee or volunteer, including, without limitation, any record of warrants for the arrest of or applications for protective orders against the applicant, employee or volunteer.
κ2023 Statutes of Nevada, Page 2480 (CHAPTER 414, SB 38)κ
of the applicant, employee or volunteer, including, without limitation, any record of warrants for the arrest of or applications for protective orders against the applicant, employee or volunteer.
3. The board of trustees of a school district may use a substantiated report of the abuse or neglect of a child, as defined in NRS 392.281, or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 or section 2 of this act obtained from the Statewide Central Registry or an equivalent registry maintained by a governmental agency in another jurisdiction:
(a) When making determinations concerning assignments, requiring retraining, imposing discipline, hiring, accepting a volunteer or termination; and
(b) In any proceedings to which the report is relevant, including, without limitation, an action for trespass or a restraining order.
4. Except as otherwise provided in subsection 5, the board of trustees of a school district shall not require a licensed teacher or other person licensed by the Superintendent of Public Instruction pursuant to NRS 391.033 who has taken a leave of absence from employment authorized by the school district, including, without limitation:
(a) Sick leave;
(b) Sabbatical leave;
(c) Personal leave;
(d) Leave for attendance at a regular or special session of the Legislature of this State if the employee is a member thereof;
(e) Maternity leave; and
(f) Leave permitted by the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq.,
Κ to submit a set of his or her fingerprints as a condition of return to or continued employment with the school district if the employee is in good standing when the employee began the leave.
5. A board of trustees of a school district may ask the Superintendent of Public Instruction to require a person licensed by the Superintendent of Public Instruction pursuant to NRS 391.033 who has taken a leave of absence from employment authorized by the school district to submit a set of his or her fingerprints as a condition of return to or continued employment with the school district if the board of trustees has probable cause to believe that the person has committed a felony or an offense involving moral turpitude during the period of his or her leave of absence.
6. The board of trustees of a school district:
(a) May accept any gifts, grants and donations to carry out the provisions of subsections 1 and 2 and NRS 391.105.
(b) May not be held liable for damages resulting from any action of the board of trustees authorized by subsection 2 or 3 or NRS 391.105.
Sec. 25. NRS 391.281 is hereby amended to read as follows:
391.281 1. Each applicant for employment or appointment pursuant to this section or employee, except a teacher or other person licensed by the Superintendent of Public Instruction, must, before beginning his or her employment or appointment and at least once every 5 years thereafter, submit to the school district:
(a) A full set of the applicants or employees fingerprints and written permission authorizing the school district to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant or employee and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant or employee.
κ2023 Statutes of Nevada, Page 2481 (CHAPTER 414, SB 38)κ
submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant or employee.
(b) Written authorization for the board of trustees of the school district to obtain any information concerning the applicant or employee that may be available from the Statewide Central Registry and any equivalent registry maintained by a governmental entity in a jurisdiction in which the applicant or employee has resided within the immediately preceding 5 years.
2. In conducting an investigation into the background of an applicant or employee, a school district may cooperate with any appropriate law enforcement agency to obtain information relating to the criminal history of the applicant or employee, including, without limitation, any record of warrants for the arrest of or applications for protective orders against the applicant or employee.
3. The board of trustees of a school district may use a substantiated report of the abuse or neglect of a child, as defined in NRS 392.281, or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 or section 2 of this act obtained from the Statewide Central Registry or an equivalent registry maintained by a governmental agency in another jurisdiction:
(a) In making determinations concerning assignments, requiring retraining, imposing discipline, hiring or termination; and
(b) In any proceedings to which the report is relevant, including, without limitation, an action for trespass or a restraining order.
4. The board of trustees of a school district:
(a) May accept any gifts, grants and donations to carry out the provisions of subsections 1 and 2.
(b) May not be held liable for damages resulting from any action of the board of trustees authorized by subsection 2 or 3.
5. The board of trustees of a school district may employ or appoint persons to serve as school police officers. If the board of trustees of a school district employs or appoints persons to serve as school police officers, the board of trustees shall employ a law enforcement officer to serve as the chief of school police who is supervised by the superintendent of schools of the school district. The chief of school police shall supervise each person appointed or employed by the board of trustees as a school police officer, including any school police officer that provides services to a charter school pursuant to a contract entered into with the board of trustees pursuant to NRS 388A.384. In addition, persons who provide police services pursuant to subsection 6 or 7 shall be deemed school police officers.
6. The board of trustees of a school district in a county that has a metropolitan police department created pursuant to chapter 280 of NRS may contract with the metropolitan police department for the provision and supervision of police services in the public schools within the jurisdiction of the metropolitan police department and on property therein that is owned by the school district and on property therein that is owned or occupied by a charter school if the board of trustees has entered into a contract with the charter school for the provision of school police officers pursuant to NRS 388A.384. If a contract is entered into pursuant to this subsection, the contract must make provision for the transfer of each school police officer employed by the board of trustees to the metropolitan police department. If the board of trustees of a school district contracts with a metropolitan police department pursuant to this subsection, the board of trustees shall, if applicable, cooperate with appropriate local law enforcement agencies within the school district for the provision and supervision of police services in the public schools within the school district, including, without limitation, any charter school with which the school district has entered into a contract for the provision of school police officers pursuant to NRS 388A.384, and on property owned by the school district and, if applicable, the property owned or occupied by the charter school, but outside the jurisdiction of the metropolitan police department.
κ2023 Statutes of Nevada, Page 2482 (CHAPTER 414, SB 38)κ
public schools within the school district, including, without limitation, any charter school with which the school district has entered into a contract for the provision of school police officers pursuant to NRS 388A.384, and on property owned by the school district and, if applicable, the property owned or occupied by the charter school, but outside the jurisdiction of the metropolitan police department.
7. The board of trustees of a school district in a county that does not have a metropolitan police department created pursuant to chapter 280 of NRS may contract with the sheriff of that county for the provision of police services in the public schools within the school district, including, without limitation, in any charter school with which the board of trustees has entered into a contract for the provision of school police officers pursuant to NRS 388A.384, and on property therein that is owned by the school district and, if applicable, the property owned or occupied by the charter school.
8. The board of trustees of a school district shall ensure that each school police officer receives training in the prevention of suicide before beginning his or her service as a school police officer.
Sec. 26. NRS 391.330 is hereby amended to read as follows:
391.330 1. The State Board may suspend or revoke the license of any teacher, administrator or other licensed employee, or may issue a letter of reprimand to any teacher, administrator or other licensed employee, after notice and an opportunity for hearing have been provided pursuant to NRS 391.322 and 391.323, for:
(a) Unprofessional conduct.
(b) Immorality, as defined in NRS 391.650.
(c) Evident unfitness for service.
(d) Physical or mental incapacity which renders the teacher, administrator or other licensed employee unfit for service.
(e) Conviction of a felony or crime involving moral turpitude.
(f) Conviction of a sex offense under NRS 200.366, 200.368, 201.190, 201.220, 201.230, 201.540 or 201.560 in which a pupil enrolled in a school of a county school district was the victim.
(g) Conviction of a violation of section 2 of this act.
(h) Knowingly advocating the overthrow of the Federal Government or of the State of Nevada by force, violence or unlawful means.
[(h)] (i) Persistent defiance of or refusal to obey the regulations of the State Board, the Commission or the Superintendent of Public Instruction, defining and governing the duties of teachers, administrators and other licensed employees.
[(i)] (j) Breaches in the security or confidentiality of the questions and answers of the examinations that are administered pursuant to NRS 390.105 and the college and career readiness assessment administered pursuant to NRS 390.610.
[(j)] (k) Intentional failure to observe and carry out the requirements of a plan to ensure the security of examinations and assessments adopted pursuant to NRS 390.270 or 390.275.
[(k)] (l) An intentional violation of NRS 388.497 or 388.499.
[(l)] (m) Knowingly and willfully failing to comply with the provisions of NRS 388.1351.
[(m)] (n) A substantiated report of abuse or neglect of a child, as defined in NRS 432B.020, or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 or section 2 of this act made against the applicant in any state.
κ2023 Statutes of Nevada, Page 2483 (CHAPTER 414, SB 38)κ
2. The State Board shall adopt regulations governing the process by which a letter of reprimand may be issued to a teacher, administrator or other licensed employee pursuant to this section, including, without limitation, regulations concerning the time period during which a letter of reprimand will remain on the record of the teacher, administrator or other licensed employee.
3. A teacher, administrator or other licensed employee whose license is suspended pursuant to this section:
(a) May apply to reinstate his or her license after the period of suspension, as determined by the State Board, is completed; and
(b) If he or she applies to reinstate his or her license pursuant to paragraph (a), shall:
(1) Submit a new application for licensure to the Department; and
(2) Pay the appropriate fee for licensure.
4. A teacher, administrator or other licensed employee whose license is revoked may not apply to reinstate his or her license and the Department shall not grant a new license to such a person.
Sec. 26.5. NRS 391.355 is hereby amended to read as follows:
391.355 1. The State Board shall adopt rules of procedure for the conduct of hearings conducted pursuant to NRS 391.323.
2. The rules of procedure must provide for boards of trustees of school districts, governing bodies of charter schools or the Superintendent of Public Instruction or the Superintendents designee to bring charges, when cause exists.
3. The rules of procedure must provide that:
(a) The licensed employee, board of trustees of a school district, governing body of a charter school and Superintendent are entitled to be heard, to be represented by an attorney and to call witnesses in their behalf.
(b) The hearing officer selected pursuant to NRS 391.322 is entitled to be reimbursed for his or her reasonable actual expenses.
(c) If requested by the hearing officer selected pursuant to NRS 391.322, an official transcript must be made.
(d) Except as otherwise provided in paragraph (e), the State Board, licensed employee and the Department, board of trustees of a school district or governing body of a charter school which initiated the complaint resulting in the hearing are equally responsible for the expense of and compensation for the hearing officer selected pursuant to NRS 391.322 and the expense of the official transcript. The State Board may bill the licensed employee or the Department, board of trustees of a school district or governing body of a charter school which initiated the complaint resulting in the hearing for their percentage of any expenses incurred pursuant to this paragraph.
(e) If the hearing results from a recommendation to revoke or suspend a license based upon a conviction which is a ground for the suspension or revocation of a license pursuant to paragraph (e) , [or] (f) or (g) of subsection 1 of NRS 391.330, the licensed employee is fully responsible for the expense of and compensation for the hearing officer selected pursuant to NRS 391.322 and the expense of the official transcript. The State Board may bill the licensed employee for such expenses.
4. A hearing officer selected pursuant to NRS 391.322 shall, upon the request of a party, issue subpoenas to compel the attendance of witnesses and the production of books, records, documents or other pertinent information to be used as evidence in hearings conducted pursuant to NRS 391.323.
κ2023 Statutes of Nevada, Page 2484 (CHAPTER 414, SB 38)κ
Sec. 27. NRS 391.650 is hereby amended to read as follows:
391.650 As used in NRS 391.650 to 391.826, inclusive, unless the context otherwise requires:
1. Administrator means any employee who holds a license as an administrator and who is employed in that capacity by a school district.
2. Board means the board of trustees of the school district in which a licensed employee affected by NRS 391.650 to 391.826, inclusive, is employed.
3. Demotion means demotion of an administrator to a position of lesser rank, responsibility or pay and does not include transfer or reassignment for purposes of an administrative reorganization.
4. Immorality means:
(a) An act forbidden by NRS 200.366, 200.368, 200.400, 200.508, 201.180, 201.190, 201.210, 201.220, 201.230, 201.265, 201.540, 201.560, 207.260, 453.316 to 453.336, inclusive, except an act forbidden by NRS 453.337, 453.338, 453.3385 to 453.3405, inclusive, 453.560 or 453.562; or
(b) An act forbidden by NRS 201.540 or section 2 of this act or any other sexual conduct or attempted sexual conduct with a pupil enrolled in an elementary or secondary school. As used in this paragraph, sexual conduct has the meaning ascribed to it in NRS 201.520.
5. Postprobationary employee means an administrator or a teacher who has completed the probationary period as provided in NRS 391.820 and has been given notice of reemployment. The term does not include a person who is deemed to be a probationary employee pursuant to NRS 391.730.
6. Probationary employee means:
(a) An administrator or a teacher who is employed for the period set forth in NRS 391.820; and
(b) A person who is deemed to be a probationary employee pursuant to NRS 391.730.
7. Superintendent means the superintendent of a school district or a person designated by the board or superintendent to act as superintendent during the absence of the superintendent.
8. Teacher means a licensed employee the majority of whose working time is devoted to the rendering of direct educational service to pupils of a school district.
Sec. 28. NRS 391.760 is hereby amended to read as follows:
391.760 1. If a superintendent has reason to believe that cause exists for the dismissal of a licensed employee and the superintendent is of the opinion that the immediate suspension of the employee is necessary in the best interests of the pupils in the district, the superintendent may suspend the employee without notice and without a hearing. Within 10 days after the suspension becomes effective, the superintendent shall begin proceedings pursuant to NRS 391.680 to 391.800, inclusive, to carry out the employees dismissal. The employee is entitled to continue to receive his or her salary and other benefits after the suspension becomes effective until the date on which the dismissal proceedings are commenced.
2. Notwithstanding the provisions of NRS 391.750, a superintendent may suspend a licensed employee who has been officially charged but not yet convicted of a felony or a crime involving moral turpitude or immorality. If the charge is dismissed or if the employee is found not guilty, the employee must be reinstated with back pay, plus interest, and normal seniority. The superintendent shall notify the employee in writing of the suspension. Within 10 days after the date on which the employee receives such notice, the superintendent shall provide the employee with the opportunity for an informal hearing to address the circumstances relating to the charges and any other circumstances relating to the suspension.
κ2023 Statutes of Nevada, Page 2485 (CHAPTER 414, SB 38)κ
superintendent shall provide the employee with the opportunity for an informal hearing to address the circumstances relating to the charges and any other circumstances relating to the suspension. The superintendent shall issue a written decision concerning the continuation of the suspension based on the information presented at the hearing. The employee is entitled to continue to receive his or her salary and other benefits after the suspension becomes effective until the date on which the superintendent issues the written decision. The superintendent may recommend that an employee who has been charged with a felony or a crime involving immorality be dismissed for another ground set forth in NRS 391.750.
3. If sufficient grounds for dismissal are not found to exist at the conclusion of the proceedings conducted pursuant to subsection 1 or 2, the employee must be reinstated with full compensation, plus interest.
4. A licensed employee who furnishes to the school district a bond or other form of security which is acceptable to the board as a guarantee that the employee will repay any amounts paid to him or her pursuant to this subsection as salary during a period of suspension is entitled to continue to receive his or her salary from the date on which the dismissal proceedings are commenced until the decision of the board or the report of the hearing officer, if the report is final and binding. The board shall not unreasonably refuse to accept a form of security other than a bond. An employee who receives a salary pursuant to this subsection shall repay it if the employee is dismissed or not reemployed as a result of a decision of the board or a report of a hearing officer.
5. A licensed employee who is convicted of a crime which requires registration pursuant to NRS 179D.010 to 179D.550, inclusive, or is convicted of an act forbidden by NRS 200.508, 201.190, 201.265, 201.540, 201.560 or 207.260 or section 2 of this act forfeits all rights of employment from the date of his or her arrest.
6. A licensed employee who is convicted of any crime and who is sentenced to and serves any sentence of imprisonment forfeits all rights of employment from the date of his or her arrest or the date on which his or her employment terminated, whichever is later.
7. A licensed employee who is charged with a felony or a crime involving immorality or moral turpitude and who waives his or her right to a speedy trial while suspended may receive no more than 12 months of back pay and seniority upon reinstatement if the employee is found not guilty or the charges are dismissed, unless proceedings have been begun to dismiss the employee upon one of the other grounds set forth in NRS 391.750.
8. A superintendent may discipline a licensed employee by suspending the employee with loss of pay at any time after a hearing has been held which affords the due process provided for in this chapter. The grounds for suspension are the same as the grounds contained in NRS 391.750. An employee may be suspended more than once during the employees contract year, but the total number of days of suspension may not exceed 20 in 1 contract year. Unless circumstances require otherwise, the suspensions must be progressively longer.
9. A licensed employee may be suspended pursuant to this section and admonished pursuant to NRS 391.755 for the same conduct.
Sec. 29. NRS 392.303 is hereby amended to read as follows:
392.303 1. In addition to the reporting required by NRS 432B.220, if, in his or her capacity as an employee of or volunteer for a public school or private school, such an employee or volunteer knows or has reasonable cause to believe that a child has been subjected to:
κ2023 Statutes of Nevada, Page 2486 (CHAPTER 414, SB 38)κ
private school, such an employee or volunteer knows or has reasonable cause to believe that a child has been subjected to:
(a) Abuse or neglect, sexual conduct in violation of NRS 201.540 , [or] luring in violation of NRS 201.560 by another employee of or volunteer for a public school or private school [,] or a violation of section 2 of this act by another employee of or volunteer for a public or private school, the employee or volunteer who has such knowledge or reasonable cause to believe shall report the abuse or neglect, sexual conduct , [or] luring or other violation to the agency which provides child welfare services in the county in which the school is located and a law enforcement agency.
(b) Corporal punishment in violation of NRS 392.4633 or 394.366 by another employee of or volunteer for a public school or private school, the employee or volunteer who has such knowledge or reasonable cause to believe shall report the corporal punishment to the agency which provides child welfare services in the county in which the school is located.
2. A report pursuant to subsection 1 must be made as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the child has been subjected to abuse or neglect or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 [.] or section 2 of this act.
3. If a law enforcement agency that receives a report pursuant to paragraph (a) of subsection 1 concludes that there is not probable cause to believe that the person allegedly responsible for the abuse or neglect or who allegedly violated NRS 201.540 or 201.560 or section 2 of this act committed the act of which he or she is accused, the law enforcement agency shall notify the agency which provides child welfare services of that determination.
4. If a school police officer receives a report pursuant to this section of an offense that is punishable as a category A felony, the school police officer shall notify the local law enforcement agency that has jurisdiction over the school.
5. A law enforcement agency, other than a school police officer, shall notify a school police officer, if such an officer is employed in the school district, if the law enforcement agency receives a report pursuant to this section of an offense that is punishable as a felony and:
(a) Allegedly occurred:
(1) On the property of a public school for which the board of trustees of the school district has employed or appointed school police officers;
(2) At an activity sponsored by such a school; or
(3) On a school bus while the school bus was being used by such a school for an official school-related purpose; or
(b) Was allegedly committed by a person who the law enforcement agency has reasonable cause to believe is an employee or volunteer of such a school.
6. An agency which provides child welfare services shall assess all allegations contained in any report made pursuant to this section and, if the agency deems appropriate, assign the matter for investigation.
7. Nothing in NRS 392.275 to 392.365, inclusive, shall be construed to prohibit an agency which provides child welfare services and a law enforcement agency from undertaking simultaneous investigations of the abuse or neglect of a child or a violation of NRS 201.540 or 201.560 [.] or section 2 of this act.
Sec. 30. NRS 392.317 is hereby amended to read as follows:
392.317 Except as otherwise provided in NRS 392.317 to 392.337, inclusive, and in addition to information provided pursuant to NRS 392.337, information maintained by an agency which provides child welfare services pursuant to NRS 392.275 to 392.365, inclusive, may, at the discretion of the agency which provides child welfare services, be made available only to:
κ2023 Statutes of Nevada, Page 2487 (CHAPTER 414, SB 38)κ
information maintained by an agency which provides child welfare services pursuant to NRS 392.275 to 392.365, inclusive, may, at the discretion of the agency which provides child welfare services, be made available only to:
1. The child who is the subject of the report, the parent or guardian of the child and an attorney for the child or the parent or guardian of the child, if the identity of the person responsible for reporting the abuse or neglect of the child or the violation of NRS 201.540, 201.560, 392.4633 or 394.366 or section 2 of this act to a public agency and the identity of any child witness are kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child who is the subject of the report;
2. A physician, if the physician has before him or her a child who the physician has reasonable cause to believe has been abused or neglected or subject to a violation of NRS 201.540, 201.560, 392.4633 or 394.366 [;] or section 2 of this act;
3. An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care or treatment or supervision of the child or investigate the allegations in the report;
4. A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of the conduct alleged in the report;
5. A court, other than a juvenile court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;
6. A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to the person;
7. A grand jury upon its determination that access to these records and the information is necessary in the conduct of its official business;
8. A federal, state or local governmental entity, or an agency of such an entity, or a juvenile court, that needs access to the information to carry out its legal responsibilities to protect children from abuse and neglect and violations of NRS 201.540, 201.560, 392.4633 or 394.366 or section 2 of this act or similar statutes in another jurisdiction;
9. A person or an organization that has entered into a written agreement with an agency which provides child welfare services to provide assessments or services and that has been trained to make such assessments or provide such services;
10. A team organized pursuant to NRS 432B.405 to review the death of a child;
11. Upon written consent of the parent, any officer of this State or a city or county thereof or Legislator authorized by the agency or department having jurisdiction or by the Legislature, acting within its jurisdiction, to investigate the activities or programs of an agency which provides child welfare services if:
(a) The identity of the person making the report is kept confidential; and
(b) The officer, Legislator or a member of the family of the officer or Legislator is not the person alleged to have engaged in the conduct described in the report;
12. The Division of Parole and Probation of the Department of Public Safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court or pursuant to NRS 176.151 in making a general investigation and report;
κ2023 Statutes of Nevada, Page 2488 (CHAPTER 414, SB 38)κ
13. A public school, private school, school district or governing body of a charter school or private school in this State or any other jurisdiction that employs a person named in the report, allows such a person to serve as a volunteer or is considering employing such a person or accepting such a person as a volunteer;
14. The school attended by the child who is the subject of the report and the board of trustees of the school district in which the school is located or the governing body of the school, as applicable;
15. An employer in accordance with subsection 3 of NRS 432.100; and
16. The Committee to Review Suicide Fatalities created by NRS 439.5104.
Sec. 31. NRS 392.325 is hereby amended to read as follows:
392.325 1. An agency which provides child welfare services investigating a report made pursuant to NRS 392.303 shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of a child or violating the provisions of NRS 201.540, 201.560, 392.4633 or 394.366 [:] or section 2 of this act:
(a) A copy of:
(1) Any statement made in writing to an investigator for the agency by the person; or
(2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person; or
(b) A written summary of the allegations made against the person. The summary must not identify the person who made the report, any child witnesses to the allegations contained in the report or any collateral sources and reporting parties.
2. A person may authorize the release of information maintained by an agency which provides child welfare services pursuant to NRS 392.275 to 392.365, inclusive, about himself or herself, but may not waive the confidentiality of such information concerning any other person.
3. An agency which provides child welfare services may provide a summary of the outcome of an investigation of the allegations in a report made pursuant to NRS 392.303 to the person who made the report.
Sec. 32. NRS 392.337 is hereby amended to read as follows:
392.337 1. An agency which provides child welfare services investigating a report made pursuant to NRS 392.303 shall, upon completing the investigation, notify the parent or guardian of the child who is the subject of the report of the disposition assigned to the report pursuant to NRS 392.339.
2. If the report is substantiated, the agency shall:
(a) Forward the report to the Department of Education, the board of trustees of the school district in which the school is located or the governing body of the charter school or private school, as applicable, the appropriate local law enforcement agency within the county and the district attorneys office within the county for further investigation.
(b) Provide written notification to the person who is named in the report as allegedly causing the abuse or neglect of the child or violating NRS 201.540, 201.560, 392.4633 or 394.366 or section 2 of this act which includes statements indicating that:
(1) The report made against the person has been substantiated and the agency which provides child welfare services intends to place the persons name in the Central Registry pursuant to paragraph (a); and
(2) The person may request an administrative appeal of the substantiation of the report and the agencys intention to place the persons name in the Central Registry by submitting a written request to the agency which provides child welfare services within the time required by NRS 392.345.
κ2023 Statutes of Nevada, Page 2489 (CHAPTER 414, SB 38)κ
name in the Central Registry by submitting a written request to the agency which provides child welfare services within the time required by NRS 392.345.
(c) After the conclusion of any administrative appeal pursuant to NRS 392.345 or the expiration of the time period prescribed by that section for requesting an administrative appeal, whichever is later, report to the Central Registry:
(1) Identifying and demographic information on the child who is the subject of the report, the parents of the child, any other person responsible for the welfare of the child and the person allegedly responsible for the conduct alleged in the report;
(2) The facts of the alleged conduct, including the date and type of alleged conduct, a description of the alleged conduct, the severity of any injuries and, if applicable, any information concerning the death of the child; and
(3) The disposition of the case.
(d) Provide to the parent or guardian of the child who is the subject of the report:
(1) A written summary of the outcome of the investigation of the allegations in the report which must not identify the person who made the report, any child witnesses to the allegations in the report or any collateral sources and reporting parties; and
(2) A summary of any disciplinary action taken against the person who is named in the report as allegedly causing the abuse or neglect of the child or violating NRS 201.540, 201.560, 392.4633 or 394.366 or section 2 of this act which is known by the agency, including, without limitation, whether the name of such person will be placed in the Central Registry.
3. A parent or guardian who receives information pursuant to paragraph (d) of subsection 2 may disclose the information to an attorney for the child who is the subject of the report or the parent or guardian of the child.
Sec. 33. NRS 394.155 is hereby amended to read as follows:
394.155 1. Except as otherwise provided in NRS 394.157, each applicant for employment with or employee at a private school, except a licensed teacher or other person licensed by the Superintendent of Public Instruction, or volunteer at a private school who is likely to have unsupervised contact with pupils, must, before beginning his or her employment or service as a volunteer and at least once every 5 years thereafter, submit to the administrator of the private school:
(a) A complete set of the applicants, employees or volunteers fingerprints and written permission authorizing the administrator to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant, employee or volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant, employee or volunteer; and
(b) Written authorization for the administrator to obtain any information concerning the applicant, employee or volunteer that may be available from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100 and any equivalent registry maintained by a governmental entity in a jurisdiction in which the applicant, employee or volunteer has resided within the immediately preceding 5 years.
2. The administrator of the private school shall:
κ2023 Statutes of Nevada, Page 2490 (CHAPTER 414, SB 38)κ
(a) Submit the fingerprints of the applicant to the Central Repository for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the administrator deems necessary; and
(b) Request any information that may be available from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100 and any equivalent registry maintained by a governmental entity in a jurisdiction in which the applicant, employee or volunteer has resided within the immediately preceding 5 years.
3. In conducting an investigation into the criminal history of an applicant, employee or volunteer, the administrator of a private school may cooperate with any appropriate law enforcement agency to obtain information relating to the criminal history of the applicant, employee or volunteer, including, without limitation, any record of warrants or applications for protective orders.
4. The administrator or governing body of a private school may use a substantiated report of the abuse or neglect of a child, as defined in NRS 392.281, or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 or section 2 of this act obtained from the Statewide Central Registry or an equivalent registry maintained by a governmental agency in another jurisdiction:
(a) In making determinations concerning assignments, requiring retraining, imposing discipline, hiring, accepting a volunteer or termination; and
(b) In any proceedings to which the report is relevant, including, without limitation, an action for trespass or a restraining order.
5. The administrator or governing body of a private school may not be held liable for damages resulting from taking any action authorized by subsection 3 or 4 or NRS 394.157.
Sec. 34. NRS 432.100 is hereby amended to read as follows:
432.100 1. There is hereby established a Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child. This Central Registry must be maintained by the Division.
2. The Central Registry must contain:
(a) The information in any substantiated report of child abuse or neglect made pursuant to NRS 392.303 or 432B.220;
(b) The information in any substantiated report of a violation of NRS 201.540, 201.560, 392.4633 or 394.366 or section 2 of this act made pursuant to NRS 392.303;
(c) Statistical information on the protective services provided in this State; and
(d) Any other information which the Division determines to be in furtherance of NRS 392.275 to 392.365, inclusive, 432.097 to 432.130, inclusive, and 432B.010 to 432B.400, inclusive.
3. The Division may release information contained in the Central Registry to an employer if:
(a) The person who is the subject of a background investigation by the employer provides written authorization for the release of the information; and
(b) Either:
(1) The employer is required by law to conduct the background investigation of the person for employment purposes; or
(2) The person who is the subject of the background investigation could, in the course of his or her employment, have regular and substantial contact with children or regular and substantial contact with elderly persons who require assistance or care from other persons,
κ2023 Statutes of Nevada, Page 2491 (CHAPTER 414, SB 38)κ
contact with children or regular and substantial contact with elderly persons who require assistance or care from other persons,
Κ but only to the extent necessary to inform the employer whether the person who is the subject of the background investigation has been found to have abused or neglected a child.
4. Except as otherwise provided in this section or by specific statute, information in the Central Registry may be accessed only by:
(a) An employee of the Division;
(b) An agency which provides child welfare services;
(c) An employee of the Division of Public and Behavioral Health of the Department who is obtaining information in accordance with NRS 432A.170; and
(d) With the approval of the Administrator, an employee or contractor of any other state or local governmental agency responsible for the welfare of children who requests access to the information and who demonstrates to the satisfaction of the Administrator a bona fide need to access the information. Any approval or denial of a request submitted in accordance with this paragraph is at the sole discretion of the Administrator.
Sec. 35. NRS 432.120 is hereby amended to read as follows:
432.120 1. Information contained in the Central Registry must not be released unless the right of the applicant to the information is confirmed, the information concerning the report of abuse or neglect of the child or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 or section 2 of this act has been reported pursuant to NRS 392.337 or 432B.310, as applicable, the released information discloses the disposition of the case and, if the information is being provided pursuant to subsection 3 of NRS 432.100, the person who is the subject of the background investigation provides written authorization for the release of the information.
2. The information contained in the Central Registry concerning cases in which a report of abuse or neglect of a child has been substantiated by an agency which provides child welfare services must be deleted from the Central Registry not later than 10 years after the child who is the subject of the report reaches the age of 18 years.
3. The Division shall not release information from the Central Registry regarding a report of child abuse or neglect made pursuant to NRS 392.303 or 432B.220 that received a disposition other than substantiated to any person or entity except for an agency which provides child welfare services.
4. The Division shall adopt regulations to carry out the provisions of this section.
Sec. 36. NRS 433.639 is hereby amended to read as follows:
433.639 1. Not later than 3 days after employing a person to provide or supervise the provision of peer recovery support services in a position where the person has regular and substantial contact with minors or retaining a person as an independent contractor to provide or supervise the provision of peer recovery support services in such a position and every 5 years thereafter, an employer, or person or entity who retained the independent contractor, shall:
(a) Obtain from the employee or independent contractor written authorization for the release of any information that may be available from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100; and
(b) Complete a child abuse and neglect screening through the Central Registry to determine whether there has been a substantiated report of child abuse or neglect or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 or section 2 of this act made against the person.
κ2023 Statutes of Nevada, Page 2492 (CHAPTER 414, SB 38)κ
abuse or neglect or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 or section 2 of this act made against the person.
2. Except as otherwise provided in any regulations adopted pursuant to subsection 4, upon receiving information pursuant to subsection 1 from the Central Registry or from any other source that an employee or independent contractor described in subsection 1 has, within the immediately preceding 5 years, had a substantiated report of child abuse or neglect or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 or section 2 of this act made against him or her, the employer or person or entity who retained the independent contractor shall terminate the employment or contract of the employee or independent contractor, as applicable, after allowing the employee or independent contractor time to correct the information as required pursuant to subsection 3.
3. If an employee or independent contractor described in subsection 1 believes that the information provided to the employer or person or entity who retained the independent contractor pursuant to subsection 2 is incorrect, the employee or independent contractor must inform the employer, person or entity immediately. The employer, person or entity shall give any such employee or independent contractor 30 days to correct the information.
4. The Division, in consultation with each agency which provides child welfare services, may establish by regulation a process by which it may review evidence upon request to determine whether an employee or independent contractor described in subsection 1 who has, within the immediately preceding 5 years, had a substantiated report of child abuse or neglect or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 or section 2 of this act made against him or her may continue to provide or supervise the provision of peer recovery support services and have regular and substantial contact with minors despite the report. Any such review must be conducted in a manner which does not discriminate against a person in violation of 42 U.S.C. §§ 2000e et seq.
5. If a process for review is established pursuant to subsection 4, an employee or independent contractor described in subsection 1 may request such a review in the manner established by the Division. Any determination made by the Division is final for purposes of judicial review.
6. During any period in which an employee or independent contractor seeks to correct information pursuant to subsection 3 or requests a review of information pursuant to subsection 5, it is within the discretion of the employer or person or entity who retained the independent contractor whether to allow the employee or independent contractor to continue to work for the employer, person or entity, as applicable, except that the employee or independent contractor shall not have regular and substantial contact with minors without supervision during such a period.
7. The Division shall adopt regulations to establish civil penalties to be imposed against any person or entity that fails to comply with the requirements of this section.
8. As used in this section, agency which provides child welfare services has the meaning ascribed to it in NRS 424.011.
Sec. 37. The amendatory provisions of sections 1 to 36, inclusive, of this act apply to offenses committed on or after October 1, 2023.
________
κ2023 Statutes of Nevada, Page 2493κ
Senate Bill No. 103Committee on Judiciary
CHAPTER 415
[Approved: June 13, 2023]
AN ACT relating to criminal justice; revising the membership, powers and duties of the Nevada Sentencing Commission; establishing the Subcommittee on Misdemeanors of the Sentencing Commission; prescribing the membership, powers and duties of the Subcommittee; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Nevada Sentencing Commission within the Department of Sentencing Policy, prescribes the membership of the Sentencing Commission and sets forth various powers and duties of the Sentencing Commission. (NRS 176.0133, 176.0134) Section 2 of this bill revises the membership of the Sentencing Commission to remove a member appointed by the Governor and add: (1) a member who is an attorney and whose practice primarily consists of representing criminal defendants in a county whose population is less than 55,000 (currently counties other than Clark and Washoe Counties and Carson City); (2) a member who is a district attorney; (3) a member who is a representative of the Central Repository for Nevada Records of Criminal History; and (4) a member who is a faculty member of the Nevada System of Higher Education who teaches criminal justice. Section 2 also: (1) prescribes certain additional requirements relating to members of the Sentencing Commission who are district attorneys; and (2) authorizes the Sentencing Commission to establish working groups, task forces and similar entities to assist in its work.
Section 3 of this bill removes certain specific requirements relating to recommendations of the Sentencing Commission. Section 3 also removes requirements that the Sentencing Commission: (1) provide certain training regarding sentencing; (2) act as a sentencing policy resource for this State; and (3) propose and recommend statutory sentencing guidelines. Section 1.9 of this bill makes a conforming change relating to the duties of the Sentencing Commission.
Section 1.5 of this bill creates the Subcommittee on Misdemeanors of the Sentencing Commission and sets forth its membership and duties. Section 1.7 of this bill authorizes the Chair of the Subcommittee to appoint working groups to aid in the work of the Subcommittee. Section 1.7 provides that all information and materials received or prepared by a working group are confidential. Section 4.5 of this bill makes a conforming change relating to the information and materials made confidential pursuant to section 1.7. Section 1.3 of this bill defines the term subcommittee for purposes of the provisions of sections 1.5 and 1.7. Section 1.8 of this bill makes a conforming change to indicate the proper placement of sections 1.3-1.7 in the Nevada Revised Statutes.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 176 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3, 1.5 and 1.7 of this act.
Sec. 1.3. Subcommittee means the Subcommittee on Misdemeanors of the Sentencing Commission.
κ2023 Statutes of Nevada, Page 2494 (CHAPTER 415, SB 103)κ
Sec. 1.5. 1. There is hereby created the Subcommittee on Misdemeanors of the Sentencing Commission, consisting of members appointed by the Chair of the Sentencing Commission, who must include, without limitation:
(a) One member who has expertise in:
(1) Policies and practices regarding misdemeanor sentencing implemented in this State and other states; and
(2) Administrative assessments, fines and fees related to the criminal justice system in this State and other states;
(b) One member who is a city attorney;
(c) One member who is an attorney, experienced in defending criminal actions; and
(d) One member who serves as a court administrator for a justice or municipal court.
2. The Chair of the Sentencing Commission shall designate one of the members of the Subcommittee to serve as the Chair of the Subcommittee.
3. The Subcommittee shall meet at the times and places specified by a call of the Chair. A majority of the members of the Subcommittee constitutes a quorum, and a quorum may exercise all the power or authority conferred on the Subcommittee. Members of the Subcommittee shall serve without compensation.
4. The Subcommittee shall:
(a) Study existing laws, policies and practices relating to misdemeanor offenses in this State and other states, including, without limitation, the sentences imposed for misdemeanor offenses in this State and other states; and
(b) Submit a biennial report describing the findings, conclusions and recommendations of the subcommittee to the Sentencing Commission.
Sec. 1.7. 1. The Chair of the Subcommittee may appoint working groups composed of persons with subject matter expertise, including, without limitation, representations of criminal justice agencies in this State to aid in the work of the Subcommittee.
2. The Chair of the Subcommittee may appoint any person the Chair deems appropriate to serve on a working group, which may include, without limitation, representatives of criminal justice agencies within this State.
3. All information and materials received or prepared by a working group are confidential and not public record for purposes of chapter 239 of NRS.
4. The members of a working group serve without compensation.
Sec. 1.8. NRS 176.01313 is hereby amended to read as follows:
176.01313 As used in NRS 176.0131 to 176.014, inclusive, and sections 1.3, 1.5 and 1.7 of this act, unless the context otherwise requires, the words and terms defined in NRS 176.01315, 176.01317 and 176.0132 and section 1.3 of this act have the meanings ascribed to them in those sections.
κ2023 Statutes of Nevada, Page 2495 (CHAPTER 415, SB 103)κ
Sec. 1.9. NRS 176.01327 is hereby amended to read as follows:
176.01327 The Executive Director appointed pursuant to NRS 176.01323 shall:
1. Oversee all of the functions of the Department.
2. Serve as Executive Secretary of the Sentencing Commission without additional compensation.
3. Report to the Sentencing Commission on sentencing and related issues regarding the functions of the Department and provide such information to the Sentencing Commission as requested.
4. Assist the Sentencing Commission in determining necessary and appropriate recommendations to assist in carrying out the responsibilities of the Department.
5. Establish the budget for the Department.
6. Facilitate the collection and aggregation of data from the courts, Department of Corrections, Division of Parole and Probation of the Department of Public Safety and any other agency of criminal justice.
7. Identify variables or sets of data concerning criminal justice that are not currently collected or shared across agencies of criminal justice within this State.
8. Assist in preparing and submitting the comprehensive report required to be prepared by the Sentencing Commission pursuant to subsection [11] 5 of NRS 176.0134.
9. Assist the Sentencing Commission in carrying out its duties pursuant to subsections 2 and 3 of NRS 176.01347 relating to the calculation of the costs avoided by this State for the immediately preceding fiscal year because of the enactment of chapter 633, Statutes of Nevada 2019, and in preparing a report containing the projected amount of such costs for the next biennium and recommendations for the reinvestment of the amount of the costs.
10. Take any other actions necessary to carry out the powers and duties of the Sentencing Commission pursuant to NRS 176.0131 to 176.014, inclusive.
Sec. 2. NRS 176.0133 is hereby amended to read as follows:
176.0133 1. The Nevada Sentencing Commission is hereby created within the Department. The Sentencing Commission consists of:
(a) One member [appointed by the Governor;] who is an attorney and whose practice primarily consists of representing criminal defendants in a county whose population is less than 55,000, appointed by the Executive Director of the Department of Indigent Defense Services or his or her designee;
(b) One member who is a justice of the Supreme Court of Nevada or a retired justice of the Supreme Court of Nevada, appointed by the Chief Justice of the Supreme Court of Nevada;
(c) Two members who are judges appointed by the Chief Justice of the Supreme Court of Nevada;
(d) One member who is a representative of the Administrative Office of the Courts appointed by the Chief Justice of the Supreme Court of Nevada;
(e) The Director of the Department of Corrections;
(f) One member who is a representative of the Office of the Attorney General, appointed by the Attorney General;
κ2023 Statutes of Nevada, Page 2496 (CHAPTER 415, SB 103)κ
(g) [One member who is a district attorney,] Two members appointed by the governing body of the Nevada District Attorneys Association [;] , one of whom must be a district attorney in a county whose population is 100,000 or more and one of whom must be a district attorney in a county whose population is less than 100,000;
(h) One member who is a representative of the Office of the Clark County Public Defender, appointed by the head of the Office of the Clark County Public Defender;
(i) One member who is a representative of the Office of the Washoe County Public Defender, appointed by the head of the Office of the Washoe County Public Defender;
(j) One member who is an attorney in private practice, experienced in defending criminal actions, appointed by the governing body of the State Bar of Nevada;
(k) One member who has been a victim of a crime or is a representative of an organization supporting the rights of victims of crime, appointed by the Governor;
(l) One member who is a member of the State Board of Parole Commissioners, appointed by the State Board of Parole Commissioners;
(m) One member who is a representative of the Division of Parole and Probation of the Department of Public Safety, appointed by the Governor;
(n) One member who is a representative of the Nevada Sheriffs and Chiefs Association, appointed by the Nevada Sheriffs and Chiefs Association;
(o) One member who is a representative of the Las Vegas Metropolitan Police Department, appointed by the Sheriff of Clark County;
(p) One member who is a representative of the Division of Public and Behavioral Health of the Department of Health and Human Services;
(q) One member who is a representative of an organization that advocates on behalf of inmates, appointed by the Governor;
(r) Two members who are Senators, one of whom is appointed by the Majority Leader of the Senate and one of whom is appointed by the Minority Leader of the Senate;
(s) Two members who are members of the Assembly, one of whom is appointed by the Speaker of the Assembly and one of whom is appointed by the Minority Leader of the Assembly;
(t) The Director of the Department of Employment, Training and Rehabilitation; [and]
(u) One member who is a representative of an organization that works with offenders upon release from incarceration to assist in reentry into the community appointed by the Chair of the Legislative Commission [.] ;
(v) One member who is a representative of the Central Repository for Nevada Records of Criminal History, appointed by the Director of the Department of Public Safety; and
(w) One member who is a faculty member of the Nevada System of Higher Education who teaches criminal justice, appointed by the Governor.
2. The Executive Director shall serve as the Executive Secretary of the Sentencing Commission.
κ2023 Statutes of Nevada, Page 2497 (CHAPTER 415, SB 103)κ
3. If any organization listed in subsection 1 ceases to exist, the appointment required pursuant to that subsection must be made by the associations successor in interest, or, if there is no successor in interest, by the Governor.
4. Each appointed member serves a term of 2 years. Members may be reappointed for additional terms of 2 years in the same manner as the original appointments. Any vacancy occurring in the membership of the Sentencing Commission must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs.
5. The Legislators who are members of the Sentencing Commission are entitled to receive the salary provided for a majority of the members of the Legislature during the first 60 days of the preceding session for each days attendance at a meeting of the Sentencing Commission.
6. At the first regular meeting of each odd-numbered year, the members of the Sentencing Commission shall elect a Chair by majority vote who shall serve until the next Chair is elected.
7. The Sentencing Commission shall:
(a) Hold its first meeting on or before September 1 of each odd-numbered year; and
(b) Meet at least once every 3 months and may meet at such further times as deemed necessary by the Chair.
8. A member of the Sentencing Commission may designate a nonvoting alternate to attend a meeting in his or her place.
9. A majority of the members of the Sentencing Commission constitutes a quorum for the transaction of business, and a majority of those members present at any meeting is sufficient for any official action taken by the Sentencing Commission. A nonvoting alternate designated by a member pursuant to subsection 8 who attends a meeting of the Sentencing Commission for which the alternate is designated shall be deemed to be a member of the Sentencing Commission for the purpose of determining whether a quorum exists.
10. While engaged in the business of the Sentencing Commission, to the extent of legislative appropriation, each member of the Sentencing Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
11. The Sentencing Commission may establish such working groups, task forces and similar entities from within or outside its membership as necessary to address specific issues or otherwise to assist in its work.
Sec. 3. NRS 176.0134 is hereby amended to read as follows:
176.0134 The Sentencing Commission shall:
1. [Advise the Legislature on proposed legislation and make recommendations with respect to all matters relating to the elements of this States system of criminal justice which affect the sentences imposed for felonies and gross misdemeanors.
2.] Evaluate and study the effectiveness and fiscal impact of various policies and practices regarding sentencing which are employed in this State and other states, including, without limitation, the use of plea bargaining, probation, programs of enhanced supervision, programs of regimental discipline, imprisonment, sentencing recommendations, mandatory and minimum sentencing, mandatory sentencing for crimes involving the possession, manufacture and distribution of controlled substances, enhanced penalties for habitual criminals, parole, credits against sentences, residential confinement and alternatives to incarceration.
κ2023 Statutes of Nevada, Page 2498 (CHAPTER 415, SB 103)κ
minimum sentencing, mandatory sentencing for crimes involving the possession, manufacture and distribution of controlled substances, enhanced penalties for habitual criminals, parole, credits against sentences, residential confinement and alternatives to incarceration.
[3.] 2. Recommend changes in the structure of sentencing in this State which [, to] :
(a) Are consistent with the public policy set forth in NRS 176.0131; and
(b) To the extent practicable and with consideration for their fiscal impact, incorporate general objectives and goals for sentencing . [, including, without limitation, the following:
(a) Offenders must receive sentences that increase in direct proportion to the severity of their crimes and their histories of criminality.
(b) Offenders who have extensive histories of criminality or who have exhibited a propensity to commit crimes of a predatory or violent nature must receive sentences which reflect the need to ensure the safety and protection of the public and which allow for the imprisonment for life of such offenders.
(c) Offenders who have committed offenses that do not include acts of violence and who have limited histories of criminality must receive sentences which reflect the need to conserve scarce economic resources through the use of various alternatives to traditional forms of incarceration.
(d) Offenders with similar histories of criminality who are convicted of similar crimes must receive sentences that are generally similar.
(e) Offenders sentenced to imprisonment must receive sentences which do not confuse or mislead the public as to the actual time those offenders must serve while incarcerated or before being released from confinement or supervision.
(f) Offenders must not receive disparate sentences based upon factors such as race, gender or economic status.
(g) Offenders must receive sentences which are based upon the specific circumstances and facts of their offenses, including the nature of the offense and any aggravating factors, the savagery of the offense, as evidenced by the extent of any injury to the victim, and the degree of criminal sophistication demonstrated by the offenders acts before, during and after commission of the offense.
4.] 3. Facilitate the development and maintenance of a statewide sentencing database in collaboration with state and local agencies, using existing databases or resources where appropriate.
[5. Provide training regarding sentencing and related issues, policies and practices, and act as a sentencing policy resource for this State.
6. Evaluate the impact of pretrial, sentencing diversion, incarceration and postrelease supervision programs.
7. Identify potential areas of sentencing disparity related to race, gender and economic status.
8. Propose and recommend statutory sentencing guidelines, based on reasonable offense and offender characteristics which aim to preserve judicial discretion and provide for individualized sentencing, for the use of the district courts.
κ2023 Statutes of Nevada, Page 2499 (CHAPTER 415, SB 103)κ
the district courts. If such guidelines are enacted by the Legislature, the Sentencing Commission shall review and propose any recommended changes.
9. Evaluate whether sentencing guidelines recommended pursuant to subsection 8 should be mandatory and if judicial findings should be required for any departures from the sentencing guidelines.
10.] 4. Provide recommendations and advice to the Executive Director concerning the administration of the Department, including, without limitation:
(a) Receiving reports from the Executive Director and providing advice to the Executive Director concerning measures to be taken by the Department to ensure compliance with the duties of the Sentencing Commission.
(b) Reviewing information from the Department regarding sentencing of offenders in this State.
(c) Requesting any audit, investigation or review the Sentencing Commission deems necessary to carry out the duties of the Sentencing Commission.
(d) Coordinating with the Executive Director regarding the procedures for the identification and collection of data concerning the sentencing of offenders in this State.
(e) Advising the Executive Director concerning any required reports and reviewing drafts of such reports.
(f) Making recommendations to the Executive Director concerning the budget for the Department, improvements to the criminal justice system and legislation related to the duties of the Sentencing Commission.
(g) Providing advice and recommendations to the Executive Director on any other matter.
[11.] 5. For each regular session of the Legislature, with the assistance of the Department, prepare a comprehensive report including the Sentencing Commissions:
(a) Recommended changes pertaining to sentencing;
(b) Findings;
(c) Recommendations for proposed legislation;
(d) Identification of outcomes resulting from the enactment of chapter 633, Statutes of Nevada 2019, that were tracked and assessed as required pursuant to paragraphs (a), (b) and (c) of subsection 1 of NRS 176.01343;
(e) Identification of trends observed after the enactment of chapter 633, Statutes of Nevada 2019, that were tracked and assessed as required pursuant to paragraph (d) of subsection 1 of NRS 176.01343;
(f) Identification of gaps in the States data tracking capabilities related to the criminal justice system and recommendations for filling any such gaps as required pursuant to paragraph (e) of subsection 1 of NRS 176.01343;
(g) Recommendations for improvements, changes and budgetary adjustments; and
(h) Additional recommendations for future legislation and policy options to enhance public safety and control corrections costs.
[12.] 6. Submit the report prepared pursuant to subsection [11] 5 not later than January 15 of each odd-numbered year to:
κ2023 Statutes of Nevada, Page 2500 (CHAPTER 415, SB 103)κ
(a) The Office of the Governor;
(b) The Director of the Legislative Counsel Bureau for distribution to the Legislature; and
(c) The Chief Justice of the Nevada Supreme Court.
Sec. 4. (Deleted by amendment.)
Sec. 4.5. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 224.240, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 453.720, 458.055, 458.280, 459.
κ2023 Statutes of Nevada, Page 2501 (CHAPTER 415, SB 103)κ
442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2671, 630.2672, 630.2673, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 633.301, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 635.111, 635.158, 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 1.7 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.
κ2023 Statutes of Nevada, Page 2502 (CHAPTER 415, SB 103)κ
3. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.
4. If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic medium. Nothing in this subsection requires a governmental entity to provide a copy of a public record in an electronic format or by means of an electronic medium if:
(a) The public record:
(1) Was not created or prepared in an electronic format; and
(2) Is not available in an electronic format; or
(b) Providing the public record in an electronic format or by means of an electronic medium would:
(1) Give access to proprietary software; or
(2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.
5. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
Sec. 5. 1. This section becomes effective on passage and approval.
2. Sections 1 to 4.5, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of performing any preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On July 1, 2023, for all other purposes.
________
κ2023 Statutes of Nevada, Page 2503κ
Senate Bill No. 235Committee on Judiciary
CHAPTER 416
[Approved: June 13, 2023]
AN ACT relating to criminal procedure; revising provisions relating to pretrial release hearings; authorizing a court to impose additional conditions of release on a person under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
In general, existing law requires a court to hold a pretrial release hearing to determine the custody status of a person within 48 hours after the person has been taken into custody. However, existing law authorizes a court to continue such a pretrial release hearing if good cause is shown by a party. (NRS 178.4849) Section 1.2 of this bill instead authorizes the court to continue a pretrial release hearing: (1) at the request of either party or the court and for good cause shown; or (2) upon stipulation of the parties. Section 1.2 also: (1) prescribes certain requirements relating to the scheduling of a pretrial release hearing continued by the court; (2) authorizes the prosecuting attorney, the defendant and the defendants attorney to appear at a pretrial release hearing by any means of remote communication; and (3) authorizes a magistrate who presides over a pretrial release hearing to do so by means of remote communication.
Section 1 of this bill authorizes a district attorney and any attorney employed by a district attorney to prosecute a person in a county other than the county by which the district attorney is employed for the limited purpose of conducting a pretrial release hearing. Section 1 also provides that a public defender and the State Public Defender may, pursuant to an interlocal agreement, authorize the public defender, State Public Defender or any other attorney employed by the public defender or State Public Defender to provide for the representation of a defendant in a pretrial release hearing in any county. Finally, section 1 authorizes: (1) a district attorney, assistant district attorney, deputy district attorney or other attorney employed by a district attorney to receive a stipend for being available on a weekend or holiday to serve as the prosecuting attorney in a pretrial release hearing or for serving as the prosecuting attorney in any such pretrial release hearing conducted on a weekend or holiday; and (2) a public defender, the State Public Defender or any other attorney employed by the public defender or State Public Defender to receive a stipend for being available on a weekend or holiday to represent a defendant in a pretrial release hearing or for representing a defendant in any such pretrial release hearing conducted on a weekend or holiday.
Existing law provides that, with certain exceptions, in criminal cases the jurisdiction of a justice of the peace extends to the limits of the county of the justice of the peace. (NRS 4.370) Section 1.7 of this bill authorizes a justice of the peace, pursuant to an interlocal agreement, to conduct a pretrial release hearing in a municipal court.
Existing law sets forth the powers and duties of municipal courts. (NRS 5.050) Section 1.9 of this bill authorizes a municipal judge, pursuant to an interlocal agreement, to conduct a pretrial release hearing in a justice court.
Existing law provides that a court may only impose bail or a condition of release, or both, on a person if the imposition is the least restrictive means necessary to protect the safety of the community or to ensure the appearance of the person in court. Under existing law, if a person fails to comply with a condition of release imposed by the court, the court may, after providing the person with notice and an opportunity for a hearing: (1) deem such conduct contempt; (2) increase the amount of bail; or (3) revoke bail and remand the person into custody. (NRS 178.4851) Section 1.5 of this bill authorizes the court to impose on a person who fails to comply with a condition of release such additional conditions of release as the court deems necessary to protect the safety of the community or to ensure the person will appear at the times and places ordered by the court.
κ2023 Statutes of Nevada, Page 2504 (CHAPTER 416, SB 235)κ
Section 1.5 of this bill authorizes the court to impose on a person who fails to comply with a condition of release such additional conditions of release as the court deems necessary to protect the safety of the community or to ensure the person will appear at the times and places ordered by the court.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 178 of NRS is hereby amended by adding thereto a new section to read as follows:
Notwithstanding any other provision of law:
1. A district attorney, assistant district attorney, deputy district attorney or other attorney employed by a district attorney may:
(a) Be deputized to prosecute a person in a county other than the county by which the attorney is employed for the limited purpose of serving as the prosecuting attorney in a pretrial release hearing required by NRS 178.4849. An assistant district attorney, deputy district attorney or other attorney employed by a district attorney must receive the approval of the district attorney of the county in which the attorney is employed before serving as the prosecuting attorney in a pretrial release hearing in a county other than the county by which the attorney is employed.
(b) Receive a stipend for being available on a weekend or holiday to serve as the prosecuting attorney in a pretrial release hearing required by NRS 178.4849 or for serving as the prosecuting attorney in any such pretrial release hearing conducted on a weekend or holiday.
2. A public defender and the State Public Defender may, pursuant to an interlocal agreement, authorize the public defender, State Public Defender or any other attorney employed by the public defender or State Public Defender to provide for the representation of a defendant in a pretrial release hearing required by NRS 178.4849 in any county.
3. A public defender, the State Public Defender or any other attorney employed by the public defender or State Public Defender may receive a stipend for being available on a weekend or holiday to represent a defendant in a pretrial release hearing required by NRS 178.4849 or for representing a defendant in any such pretrial release hearing conducted on a weekend or holiday.
Sec. 1.2. NRS 178.4849 is hereby amended to read as follows:
178.4849 1. Except as otherwise provided in [this section] subsection 2 and NRS 178.484 and 178.4847, a court shall, within 48 hours after a person has been taken into custody, hold a pretrial release hearing, in open court or by means of remote communication, to determine the custody status of the person.
2. The court may continue a pretrial release hearing [may be continued] :
(a) At the request of either party or the court and for good cause shown.
[2.] (b) Upon stipulation of the parties. The court shall schedule a hearing continued pursuant to this paragraph for the date specified by stipulation.
κ2023 Statutes of Nevada, Page 2505 (CHAPTER 416, SB 235)κ
3. A stipulation made pursuant to subsection 2 may be:
(a) An oral stipulation; or
(b) A written stipulation communicated by mail, by electronic mail, via the Internet or by other electronic means.
4. The prosecuting attorney, the defendant and the defendants attorney may appear at a pretrial release hearing by means of remote communication. An appearance by means of remote communication must be treated in the same manner as an appearance in person.
5. A magistrate who presides over a pretrial release hearing may do so by means of remote communication.
6. As used in this section [, remote] :
(a) Magistrate means a judicial officer who presides over a pretrial release hearing.
(b) Remote communication means communication through telephone or videoconferencing.
Sec. 1.5. NRS 178.4851 is hereby amended to read as follows:
178.4851 1. Except as otherwise provided in subsection 4, the court shall only impose bail or a condition of release, or both, on a person as it deems to be the least restrictive means necessary to protect the safety of the community or to ensure that the person will appear at all times and places ordered by the court, with regard to the factors set forth in NRS 178.4853 and 178.498. Such conditions of release may include, without limitation:
(a) Requiring the person to remain in this State or a certain county within this State;
(b) Prohibiting the person from contacting or attempting to contact a specific person or from causing or attempting to cause another person to contact that person on the persons behalf;
(c) Prohibiting the person from entering a certain geographic area;
(d) Prohibiting the person from possessing a firearm during the pendency of the case; or
(e) Prohibiting the person from engaging in specific conduct that may be harmful to the persons own health, safety , or welfare, or the health, safety , or welfare of another person.
2. A prosecuting attorney may request that a court impose bail or a condition of release, or both, on a person. If the request includes the imposition of bail, the prosecuting attorney must prove by clear and convincing evidence that the imposition of bail is necessary to protect the safety of the community or to ensure that the person will appear at all times and places ordered by the court, with regard to the factors set forth in NRS 178.4853 and 178.498.
3. If a court imposes bail or any condition of release, or both, other than release on recognizance with no other conditions of release, the court shall make findings of fact for such a determination and state its reasoning on the record, and, if the determination includes the imposition of a condition of release, the findings of fact must include why the condition of release constitutes the least restrictive means necessary to protect the safety of the community or to ensure that the person will appear at the times and places ordered by the court.
4. A person arrested for murder of the first degree may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense.
κ2023 Statutes of Nevada, Page 2506 (CHAPTER 416, SB 235)κ
court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense.
5. The person must sign a document before the persons release stating that:
(a) The person will appear at all times and places as ordered by the court releasing the person and as ordered by any court before which the charge is subsequently heard;
(b) The person will comply with the other conditions which have been imposed by the court and are stated in the document;
(c) If the person fails to appear when so ordered and is taken into custody outside of this State, the person waives all rights relating to extradition proceedings; and
(d) The person understands that any court of competent jurisdiction may revoke the order of release without bail and may order the person into custody or require the person to furnish bail or otherwise ensure the protection of the safety of the community or the persons appearance, if applicable.
6. The document signed pursuant to subsection 5 must be filed with the clerk of the court of competent jurisdiction and becomes effective upon the signature of the person to be released.
7. If a person fails to comply with a condition of release imposed pursuant to this section, the court may, after providing the person with reasonable notice and an opportunity for a hearing:
(a) Deem such conduct a contempt pursuant to NRS 22.010;
(b) Impose such additional conditions of release as the court deems necessary to protect the safety of the community or to ensure the person will appear at the times and places ordered by the court;
(c) Increase the amount of bail pursuant to NRS 178.499, if applicable; or
[(c)] (d) Revoke bail and remand the person into custody.
8. If a person fails to appear as ordered by the court and a jurisdiction incurs any costs in returning a person to the jurisdiction to stand trial, the person failing to appear is responsible for paying those costs as restitution.
9. An order issued pursuant to this section that imposes a condition on a person must include a provision ordering a law enforcement officer to arrest the person if the law enforcement officer has probable cause to believe that the person has violated a condition of release.
10. Nothing in this section shall be construed to require a court to receive the request of a prosecuting attorney before imposing a condition of release.
Sec. 1.7. NRS 4.370 is hereby amended to read as follows:
4.370 1. Except as otherwise provided in subsection 2, justice courts have jurisdiction of the following civil actions and proceedings and no others except as otherwise provided by specific statute:
(a) In actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed $15,000.
(b) In actions for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed does not exceed $15,000.
κ2023 Statutes of Nevada, Page 2507 (CHAPTER 416, SB 235)κ
(c) Except as otherwise provided in paragraph (l), in actions for a fine, penalty or forfeiture not exceeding $15,000, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.
(d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $15,000, though the penalty may exceed that sum. Bail bonds and other undertakings posted in criminal matters may be forfeited regardless of amount.
(e) In actions to recover the possession of personal property, if the value of the property does not exceed $15,000.
(f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed $15,000.
(g) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed do not exceed $15,000 or when no damages are claimed.
(h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed do not exceed $15,000 or when no damages are claimed.
(i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed $15,000.
(j) Of actions for the enforcement of mechanics liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $15,000.
(k) Of actions for the enforcement of liens of owners of facilities for storage, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $15,000.
(l) In actions for a civil penalty imposed for a violation of NRS 484D.680.
(m) Except as otherwise provided in this paragraph, in any action for the issuance of a temporary or extended order for protection against domestic violence pursuant to NRS 33.020. A justice court does not have jurisdiction in an action for the issuance of a temporary or extended order for protection against domestic violence:
(1) In a county whose population is 100,000 or more and less than 700,000;
(2) In any township whose population is 100,000 or more located within a county whose population is 700,000 or more;
(3) If a district court issues a written order to the justice court requiring that further proceedings relating to the action for the issuance of the order for protection be conducted before the district court; or
(4) Where the adverse party against whom the order is sought is under 18 years of age.
(n) Except as otherwise provided in this paragraph, in any action for the issuance of an emergency or extended order for protection against high-risk behavior pursuant to NRS 33.570 or 33.580. A justice court does not have jurisdiction in an action for the issuance of an emergency or extended order for protection against high-risk behavior:
(1) In a county whose population is 100,000 or more but less than 700,000;
(2) In any township whose population is 100,000 or more located within a county whose population is 700,000 or more;
κ2023 Statutes of Nevada, Page 2508 (CHAPTER 416, SB 235)κ
(3) If a district court issues a written order to the justice court requiring that further proceedings relating to the action for the issuance of the order for protection be conducted before the district court; or
(4) Where the adverse party against whom the order is sought is under 18 years of age.
(o) In an action for the issuance of a temporary or extended order for protection against harassment in the workplace pursuant to NRS 33.200 to 33.360, inclusive, where the adverse party against whom the order is sought is 18 years of age or older.
(p) In small claims actions under the provisions of chapter 73 of NRS.
(q) In actions to contest the validity of liens on mobile homes or manufactured homes.
(r) In any action pursuant to NRS 200.591 for the issuance of a protective order against a person alleged to be committing the crime of stalking, aggravated stalking or harassment where the adverse party against whom the order is sought is 18 years of age or older.
(s) In any action pursuant to NRS 200.378 for the issuance of a protective order against a person alleged to have committed the crime of sexual assault where the adverse party against whom the order is sought is 18 years of age or older.
(t) In actions transferred from the district court pursuant to NRS 3.221.
(u) In any action for the issuance of a temporary or extended order pursuant to NRS 33.400.
(v) In any action seeking an order pursuant to NRS 441A.195.
(w) In any action to determine whether a person has committed a civil infraction punishable pursuant to NRS 484A.703 to 484A.705, inclusive.
2. The jurisdiction conferred by this section does not extend to civil actions, other than for forcible entry or detainer, in which the title of real property or mining claims or questions affecting the boundaries of land are involved.
3. Justice courts have jurisdiction of all misdemeanors and no other criminal offenses except as otherwise provided by specific statute. Upon approval of the district court, a justice court may transfer original jurisdiction of a misdemeanor to the district court for the purpose of assigning an offender to a program established pursuant to NRS 176A.250 or, if the justice court has not established a program pursuant to NRS 176A.280, to a program established pursuant to that section.
4. Except as otherwise provided in subsections 5, 6 and 7, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.
5. A justice of the peace may conduct a pretrial release hearing [for] :
(a) For a person located outside of the township of the justice of the peace.
(b) Pursuant to an interlocal agreement, in a municipal court.
6. In the case of any arrest made by a member of the Nevada Highway Patrol, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.
7. Each justice court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.
κ2023 Statutes of Nevada, Page 2509 (CHAPTER 416, SB 235)κ
Sec. 1.9. NRS 5.050 is hereby amended to read as follows:
5.050 1. Municipal courts have jurisdiction of civil actions or proceedings:
(a) For the violation of any ordinance of their respective cities.
(b) To determine whether a person has committed a civil infraction punishable pursuant to NRS 484A.703 to 484A.705, inclusive.
(c) To prevent or abate a nuisance within the limits of their respective cities.
2. Except as otherwise provided in subsection 2 of NRS 173.115, the municipal courts have jurisdiction of all misdemeanors committed in violation of the ordinances of their respective cities. Upon approval of the district court, a municipal court may transfer original jurisdiction of a misdemeanor to the district court for the purpose of assigning an offender to a program established pursuant to NRS 176A.250 or, if the municipal court has not established a program pursuant to NRS 176A.280, to a program established pursuant to that section.
3. The municipal courts have jurisdiction of:
(a) Any action for the collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed $2,500.
(b) Actions to foreclose liens in the name of the city for the nonpayment of those taxes or assessments when the principal sum claimed does not exceed $2,500.
(c) Actions for the breach of any bond given by any officer or person to or for the use or benefit of the city, and of any action for damages to which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all bonds given on appeals from the municipal court in any of the cases named in this section, when the principal sum claimed does not exceed $2,500.
(d) Actions for the recovery of personal property belonging to the city, when the value thereof does not exceed $2,500.
(e) Actions by the city for the collection of any damages, debts or other obligations when the amount claimed, exclusive of costs or attorneys fees, or both if allowed, does not exceed $2,500.
(f) Actions seeking an order pursuant to NRS 441A.195.
4. Nothing contained in subsection 3 gives the municipal court jurisdiction to determine any such cause when it appears from the pleadings that the validity of any tax, assessment or levy, or title to real property, is necessarily an issue in the cause, in which case the court shall certify the cause to the district court in like manner and with the same effect as provided by law for certification of causes by justice courts.
5. The municipal courts may hold a jury trial for any matter:
(a) Within the jurisdiction of the municipal court; and
(b) Required by the United States Constitution, the Nevada Constitution or statute.
6. A municipal judge may, pursuant to an interlocal agreement, conduct a pretrial release hearing in a justice court.
Sec. 2. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 2510κ
Senate Bill No. 416Committee on Judiciary
CHAPTER 417
[Approved: June 13, 2023]
AN ACT relating to the Department of Corrections; requiring the Director of the Department of Corrections to adopt regulations governing the operation of a commissary in an institution or facility; authorizing the Director to adopt regulations governing the possession of personal property by offenders; revising provisions relating to the deduction of certain costs from the individual account of an offender; revising provisions relating to the deduction of money from the wages earned by an offender; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Director of the Department of Corrections to make deductions from the individual account of an offender to repay or defray certain expenses accrued by the Department on behalf of the offender. (NRS 209.221, 209.246) Existing law authorizes the Director to establish by regulation criteria for a reasonable deduction from money credited to the account of an offender to, among other things, repay the cost of medical examinations and the diagnosis or treatment for injuries inflicted by the offender upon himself or herself or other offenders or which occur during voluntary recreational activities. With certain exceptions, existing law additionally authorizes the Director to establish such criteria to defray a portion of the costs paid by the Department for the medical care of the offender, including without limitation, expenses for medical or dental care, prosthetic devices, pharmaceutical items and prescribed medicine and supplies. (NRS 209.246) Section 6 of this bill limits the ability of the Director to deduct money credited to the account of an offender by prohibiting the Director from adopting any regulations which authorize the imposition of a deduction of money for the payment of any copayment for any routine or emergency medical care provided to an offender.
Existing law authorizes the Director to make certain deductions, including, without limitation, deductions for the maintenance of an offender in an institution, from the wages earned by an offender from any source during the incarceration of the offender. (NRS 209.463) Section 8 of this bill prohibits the Director from authorizing such a deduction for the cost for room and board if the hourly wage of the offender is less than the federal minimum wage.
Section 3 of this bill requires the Director, with the approval of the Board of State Prison Commissioners, to adopt regulations to be instituted in each institution or facility governing the operation of a commissary in the institution or facility and prohibits the Director from adopting regulations which: (1) place a monetary limitation on the ability of an offender to receive or purchase goods or services from the commissary; or (2) authorize the markup of the price of a personal hygiene product sold at the commissary.
Section 2.5 of this bill authorizes the Director, with the approval of the Board, to adopt regulations to be instituted in each institution or facility governing the possession of personal property by offenders. Section 2.5 provides that any such regulations must be consistent with the provisions of section 3.
Section 11.5 of this bill makes an appropriation to the Department to offset reductions in revenue associated with the implementation of the provisions of this bill.
κ2023 Statutes of Nevada, Page 2511 (CHAPTER 417, SB 416)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 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. (Deleted by amendment.)
Sec. 2.5. 1. The Director may, with the approval of the Board, adopt regulations to be instituted in each institution or facility which govern the possession of personal property by offenders. Such regulations may place limitations on the amount of personal property an offender may, at any one time, possess.
2. Any regulations adopted by the Director pursuant to subsection 1 must be consistent with the provisions of subsection 2 of section 3 of this act.
3. As used in this section, personal property includes, without limitation, goods purchased from a commissary.
Sec. 3. 1. The Director shall, with the approval of the Board, adopt regulations to be instituted in each institution or facility which govern the operation of a commissary in the institution or facility.
2. The Director shall not adopt regulations which:
(a) Place a monetary limitation on the ability of an offender to receive or purchase goods or services from the commissary.
(b) Authorize the markup of the price of a personal hygiene product sold at the commissary.
Secs. 4 and 5. (Deleted by amendment.)
Sec. 6. NRS 209.246 is hereby amended to read as follows:
209.246 [The]
1. Except as otherwise provided in this section, the Director shall, with the approval of the Board, establish by regulation criteria for a reasonable deduction from money credited to the account of an offender to:
[1.] (a) Repay the cost of:
[(a)] (1) State property willfully damaged, destroyed or lost by the offender during his or her incarceration.
[(b)] (2) Medical examination, diagnosis or treatment for injuries:
[(1)] (I) Inflicted by the offender upon himself or herself or other offenders; or
[(2)] (II) Which occur during voluntary recreational activities.
[(c)] (3) Searching for and apprehending the offender when he or she escapes or attempts to escape.
[(d)] (4) Quelling any riot or other disturbance in which the offender is unlawfully involved.
[(e)] (5) Providing a funeral for an offender.
[(f)] (6) Providing an offender with clothing, transportation and money upon his or her release from prison pursuant to NRS 209.511.
[(g)] (7) Transportation of an offender pursuant to a court order in cases other than a criminal prosecution, a proceeding for postconviction relief involving the offender or a proceeding in which the offender has challenged the conditions of his or her confinement.
[(h)] (8) Monetary sanctions imposed under the code of penal discipline adopted by the Department.
κ2023 Statutes of Nevada, Page 2512 (CHAPTER 417, SB 416)κ
[2.] (b) Defray, as determined by the Director, a portion of the costs paid by the Department for medical care for the offender, including, but not limited to:
[(a)] (1) Except as otherwise provided in subparagraph (2) of paragraph [(b) of subsection 1,] (a) and subsection 2, expenses for medical or dental care, prosthetic devices and pharmaceutical items; and
[(b)] (2) Expenses for prescribed medicine and supplies.
[3.] (c) Repay the costs incurred by the Department on behalf of the offender for:
[(a)] (1) Postage for personal items and items related to litigation;
[(b)] (2) Photocopying of personal documents and legal documents, for which the offender must be charged a reasonable fee not to exceed the actual costs incurred by the Department;
[(c)] (3) Legal supplies;
[(d)] (4) Telephone calls charged to the Department;
[(e)] (5) Charges relating to checks returned for insufficient funds and checks for which an order to stop payment has been made;
[(f)] (6) Items related to the offenders work, including, but not limited to, clothing, shoes, boots, tools, a drivers license or identification card issued by the Department of Motor Vehicles, a work card issued by a law enforcement agency and a health card; and
[(g)] (7) The replacement of an identification card or prepaid ticket for bus transportation issued to the offender by the Department.
[4.] (d) Repay any cost to the State of Nevada or any agency or political subdivision thereof that is incurred in defending the State against an action filed by an offender in federal court alleging a violation of his or her civil rights which is determined by the court to be frivolous.
[Κ]
2. The Director shall not adopt any regulations which authorize a deduction from money credited to the account of an offender for the payment of any copayment for any routine or emergency medical care provided to an offender.
3. All money collected pursuant to this section must be deposited in the appropriate account in the State General Fund for reimbursement of the related expenditure.
Sec. 7. (Deleted by amendment.)
Sec. 8. NRS 209.463 is hereby amended to read as follows:
209.463 1. Except as otherwise provided in NRS 209.2475, and subject to the limitation set forth in subsection 2, the Director may make the deductions described in subsection 3 or 4, as applicable, from the wages earned by an offender from any source during the offenders incarceration.
2. The Director may not deduct more than 50 percent of the wages described in subsection 1 for each pay period of the offender.
3. If the hourly wage of the offender is equal to or greater than the federal minimum wage, the Director may deduct:
(a) In the following order of priority:
(1) An amount the Director considers reasonable to meet an existing obligation of the offender for restitution to a victim of his or her crime;
(2) An amount the Director considers reasonable to meet an existing obligation of the offender for the support of his or her family;
(3) An amount determined by the Director, with the approval of the Board, for deposit in the State Treasury for credit to the Fund for New Construction of Facilities for Prison Industries, but only if the offender is employed through a program for prison industries;
κ2023 Statutes of Nevada, Page 2513 (CHAPTER 417, SB 416)κ
Construction of Facilities for Prison Industries, but only if the offender is employed through a program for prison industries;
(4) An amount determined by the Director, with the approval of the Board, to offset the cost of maintaining the offender in the institution, as reflected in the budget of the Department, and any amount deducted pursuant to this subparagraph may include, but is not limited to, an amount to offset the cost of participation by the offender pursuant to NRS 209.4231 to 209.4244, inclusive, in a program of treatment for offenders with substance use or co-occurring disorders or a program of aftercare, or both;
(5) A deduction pursuant to NRS 209.246;
(6) An amount determined by the Director for deposit in the individual account of the offender in the Prisoners Personal Property Fund;
(7) An amount determined by the Director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to his or her release or, if the offender dies before his or her release, to defray expenses related to arrangements for his or her funeral;
(8) An amount the Director considers reasonable for deposit with the State Treasurer for credit to the Fund for the Compensation of Victims of Crime;
(9) An amount the Director considers reasonable to pay the balance of any fee imposed upon the offender for genetic marker analysis and included in the judgment entered against the offender pursuant to NRS 176.0915;
(10) An amount the Director considers reasonable to pay the balance of an administrative assessment included in the judgment entered against the offender for each crime for which the offender is incarcerated and the balance of an unpaid administrative assessment included in a judgment entered against the offender for a crime committed in this state for which the offender was previously convicted, and any amount deducted from the wages of the offender pursuant to this subparagraph must be submitted:
(I) If the offender does not have an administrative assessment owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which the offender is incarcerated; or
(II) If the offender has an administrative assessment owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which an administrative assessment is owing, until the balance owing has been paid; and
(11) An amount the Director considers reasonable to pay the balance of a fine included in the judgment entered against the offender for each crime for which the offender is incarcerated and the balance of an unpaid fine included in a judgment entered against the offender for a crime committed in this state for which the offender was previously convicted, and any amount deducted from the wages of the offender pursuant to this subparagraph must be submitted:
(I) If the offender does not have a fine owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which the offender is incarcerated; or
(II) If the offender has a fine owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which a fine or administrative assessment is owing, until the balance owing has been paid; and
κ2023 Statutes of Nevada, Page 2514 (CHAPTER 417, SB 416)κ
a judgment for which a fine or administrative assessment is owing, until the balance owing has been paid; and
(b) Any other deduction authorized by law from the wages earned by the offender from any source during the offenders incarceration, the deduction of which must be made in an order of priority determined by the Director.
4. If the hourly wage of the offender is less than the federal minimum wage, the Director may deduct:
(a) In the following order of priority:
(1) An amount the Director considers reasonable to meet an existing obligation of the offender for restitution to a victim of his or her crime;
(2) An amount determined by the Director, with the approval of the Board, for deposit in the State Treasury for credit to the Fund for New Construction of Facilities for Prison Industries, but only if the offender is employed through a program for prison industries;
(3) An amount determined by the Director, with the approval of the Board, to offset the cost of maintaining the offender in the institution, other than the cost for room and board, as reflected in the budget of the Department, and any amount deducted pursuant to this subparagraph may include, but is not limited to, an amount to offset the cost of participation by the offender pursuant to NRS 209.4231 to 209.4244, inclusive, in a program of treatment for offenders with substance use or co-occurring disorders or a program of aftercare, or both;
(4) A deduction pursuant to NRS 209.246;
(5) An amount determined by the Director for deposit in the individual account of the offender in the Prisoners Personal Property Fund;
(6) An amount determined by the Director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to the offenders release or, if the offender dies before the offenders release, to defray expenses related to arrangements for the offenders funeral;
(7) An amount the Director deems reasonable for deposit with the State Treasurer for credit to the Fund for the Compensation of Victims of Crime; and
(8) An amount the Director considers reasonable to pay the balance of any fee imposed upon the offender for genetic marker analysis and included in the judgment entered against the offender pursuant to NRS 176.0915; and
(b) Any other deduction authorized by law from the wages earned by the offender from any source during the offenders incarceration, the deduction of which must be made in an order of priority determined by the Director.
Secs. 9-11. (Deleted by amendment.)
Sec. 11.5. 1. There is hereby appropriated from the State General Fund to the Department of Corrections to offset reductions in revenue associated with the implementation of the provisions of this act the following sums:
For the Fiscal Year 2023-2024................................................. $1,308,472
For the Fiscal Year 2024-2025................................................. $1,308,472
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, respectively.
κ2023 Statutes of Nevada, Page 2515 (CHAPTER 417, SB 416)κ
appropriated money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, respectively.
Sec. 12. 1. This section becomes effective upon passage and approval.
2. Section 11.5 of this act becomes effective on July 1, 2023.
3. Sections 1 to 11, inclusive, of this act become effective 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 on October 1, 2023, for all other purposes.
________
Senate Bill No. 321Senators Krasner, D. Harris, Seevers Gansert, Ohrenschall; Flores, Nguyen, Pazina, Scheible, Spearman and Stone
Joint Sponsors: Assemblymen Thomas, Gorelow, McArthur, Kasama; Marzola, C.H. Miller, Orentlicher, Peters, Taylor and Watts
CHAPTER 418
[Approved: June 14, 2023]
AN ACT relating to evidence; prohibiting a law enforcement agency or forensic laboratory from taking certain actions relating to the DNA profile and DNA record of a survivor of sexual assault; expanding certain prohibitions against the use of certain evidence secured in connection with an investigation or prosecution of a sexual assault; requiring certain entities to conduct an audit of certain biological specimens, DNA profiles and DNA records, to the extent money is available; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the Sexual Assault Survivors Bill of Rights, which grants a survivor certain rights relating to the investigation or prosecution of an alleged sexual assault perpetrated against the survivor. (Chapter 178A of NRS) Among other requirements, the Bill of Rights grants a survivor the right to not have forensic evidence from a sexual assault used: (1) to prosecute the survivor for any misdemeanor or offense related to a controlled substance; or (2) as a basis to search for further evidence of any unrelated misdemeanor or any offense related to a controlled substance that may have been committed by the survivor. (NRS 178A.260) Section 6 of this bill expands this right by prohibiting a law enforcement agency from using any biological evidence obtained from the sexual assault forensic evidence kit of a survivor or any biological evidence secured in connection with the investigation or prosecution of the alleged sexual assault of the survivor: (1) to prosecute the survivor for any crime; (2) as a basis to search for further evidence of any criminal offense that may have been committed by the survivor; or (3) for any other purpose that is not directly related to the investigation or prosecution of the alleged sexual assault of the survivor.
κ2023 Statutes of Nevada, Page 2516 (CHAPTER 418, SB 321)κ
Existing law prescribes requirements relating to certain biological evidence secured in connection with an investigation or prosecution of a criminal offense. (NRS 176.0912) With limited exception, section 3 of this bill prohibits a law enforcement agency from sharing with or disclosing to any person or entity any biological evidence of a survivor secured in connection with the investigation or prosecution of the alleged sexual assault of the survivor. Section 2 of this bill defines the term biological evidence for purposes of the Bill of Rights. Section 4 of this bill makes a conforming change to indicate the proper placement of section 2 in the Nevada Revised Statutes. Section 5 makes a conforming change related to the definition of biological evidence set forth in section 2.
Existing law prescribes certain requirements relating to sexual assault forensic medical kits. Among other requirements, existing law requires: (1) a law enforcement agency to submit a sexual assault forensic evidence kit to the appropriate forensic laboratory; and (2) a forensic laboratory to accept and analyze such evidence and upload a DNA profile obtained from such evidence to CODIS or the State DNA Database. (NRS 178A.220, 200.3786) With limited exception, section 3 prohibits a law enforcement agency or forensic laboratory from including the DNA profile of a survivor obtained from the sexual assault forensic evidence kit of the survivor in any database that allows for the storage and exchange of DNA records.
Section 7 of this bill requires, to the extent money is available for this purpose, the Central Repository for Nevada Records of Criminal History, the State DNA Database and each forensic laboratory to: (1) conduct an audit of certain biological specimens, DNA profiles and DNA records; and (2) submit the results of the audit to the Joint Interim Standing Committee on Judiciary and the Director of the Legislative Counsel Bureau on or before January 1, 2024.
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 178A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Biological evidence has the meaning ascribed to it in NRS 176.0912 and includes, without limitation, a sexual assault forensic evidence kit.
Sec. 3. 1. A law enforcement agency or forensic laboratory shall not include the DNA profile of a survivor obtained from the sexual assault forensic evidence kit of the survivor in any database that allows for the storage and exchange of DNA records unless the law enforcement agency or forensic laboratory is authorized to include the DNA profile in CODIS pursuant to 34 U.S.C. § 12592(b).
2. Except as otherwise provided in subsection 3 and except as otherwise required by state or federal law, a law enforcement agency that has in its possession or custody any biological evidence of a survivor secured in connection with the investigation or prosecution of the alleged sexual assault of the survivor shall not share such evidence with or disclose such evidence to any person or entity, including, without limitation, any other law enforcement agency, except pursuant to:
(a) A court order; or
(b) A request from another law enforcement agency, if the law enforcement agency determines that such action is necessary to identify or prosecute the person who committed the alleged sexual assault of the survivor.
κ2023 Statutes of Nevada, Page 2517 (CHAPTER 418, SB 321)κ
3. The provisions of subsection 2 do not apply if the disclosure is necessary for purposes of satisfying discovery obligations, including, without limitation, any obligation prescribed by the Federal Rules of Criminal Procedure.
4. As used in this section:
(a) Any database includes, without limitation, the State DNA Database, CODIS or any other database that allows for the storage and exchange of DNA records, including, without limitation, any local, state or national database.
(b) DNA record means a database record stored in any database, that includes the DNA profile of a person and data required to manage the record.
Sec. 4. NRS 178A.020 is hereby amended to read as follows:
178A.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 178A.030 to 178A.140, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 5. NRS 178A.220 is hereby amended to read as follows:
178A.220 1. A survivor has the right to prompt genetic marker analysis of a sexual assault forensic evidence kit pursuant to NRS 200.3786.
2. A sexual assault forensic evidence kit must be transported to a forensic laboratory and analyzed pursuant to NRS 200.3786, unless the survivor requests in writing at any time before such analysis, for the forensic laboratory to defer analysis of the sexual assault forensic evidence kit.
3. Biological evidence [, including, without limitation, a sexual assault forensic evidence kit,] secured in connection with the investigation or prosecution of a criminal case must be preserved and stored in accordance with the provisions of this subsection and NRS 176.0912. A sexual assault forensic evidence kit that is in the custody of an agency of criminal justice must be retained for:
(a) If the sexual assault forensic evidence kit is associated with an uncharged or unsolved sexual assault, at least 50 years.
(b) If the sexual assault forensic evidence kit is associated with an unreported or anonymous sexual assault, at least 20 years.
4. If a survivor has requested to defer analysis pursuant to subsection 2, the survivor may request that the forensic laboratory analyze the sexual assault forensic evidence kit at any later date before the expiration of the retention period pursuant to subsection 3.
5. A survivor has the right to the information regarding the timeline of the genetic marker analysis of sexual assault forensic evidence kits pursuant to NRS 200.3786.
Sec. 6. NRS 178A.260 is hereby amended to read as follows:
178A.260 [Forensic] A law enforcement agency shall not use any biological evidence obtained from [a sexual assault may not be used:] the sexual assault forensic evidence kit of a survivor or any biological evidence secured in connection with the investigation or prosecution of the alleged sexual assault of the survivor:
κ2023 Statutes of Nevada, Page 2518 (CHAPTER 418, SB 321)κ
1. To prosecute [a] the survivor for any [:
(a) Misdemeanor; or
(b) Offense related to a controlled substance.] crime;
2. As a basis to search for further evidence of [any unrelated misdemeanor or] any criminal offense [related to a controlled substance] that may have been committed by the survivor [.] ; or
3. For any other purpose that is not directly related to the investigation or prosecution of the alleged sexual assault of the survivor.
Sec. 7. 1. To the extent money is available for this purpose, the Central Repository, the State DNA Database and each forensic laboratory shall:
(a) Conduct an audit of any biological specimen, DNA profile or DNA record stored or maintained in the Central Repository, the State DNA Database or forensic laboratory, as applicable, for the period beginning on January 1, 2021, and ending on December 31, 2021. Any such audit must:
(1) Include, without limitation, an examination and analysis of compliance with NRS 176.0911 to 176.0919, inclusive; and
(2) Identify the number of DNA profiles that should have been collected during the period beginning on January 1, 2021, and ending on December 31, 2021, and were not collected during that period; and
(b) Submit the results of the audit to the Joint Interim Standing Committee on Judiciary and the Director of the Legislative Counsel Bureau on or before January 1, 2024.
2. As used in this section:
(a) Biological specimen has the meaning ascribed to it in NRS 176.09112.
(b) Central Repository means the Central Repository for Nevada Records of Criminal History.
(c) DNA profile has the meaning ascribed to it in NRS 176.09115.
(d) DNA record has the meaning ascribed to it in NRS 176.09116.
(e) Forensic laboratory has the meaning ascribed to it in NRS 176.09117.
(f) State DNA database means the database established by NRS 176.09121.
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