[Rev. 3/13/2024 9:51:24 AM]
κ2023 Statutes of Nevada, Page 2797κ
Senate Bill No. 166Senators Pazina; Daly, Dondero Loop and Nguyen
Joint Sponsors: Assemblymen Hibbetts and Yurek
CHAPTER 459
[Approved: June 15, 2023]
AN ACT relating to collective bargaining; revising the definition of supervisory employee for the purposes of collective bargaining for local government and state employees; revising the provisions relating to bargaining units of state employees who are peace officers or supervisory employees; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prohibits employees who exercise certain duties under a paramilitary command structure from being deemed supervisory employees solely due to the exercise of such duties. (NRS 288.138) Section 1 of this bill also excludes from being deemed supervisory employees solely due to the exercise of certain duties under a paramilitary command structure certain employees who provide civilian support services to a law enforcement agency.
Existing law requires the Government Employee-Management Relations Board to establish one bargaining unit per group for certain occupational groups of employees of the Executive Department, including category I, category II and category III peace officers and supervisory employees from all occupational groups. (NRS 288.515) Section 2 of this bill requires the Board to establish a separate bargaining unit for supervisory employees who are: (1) category I peace officers; (2) category II peace officers; (3) category III peace officers; and (4) firefighters. Section 2 also provides that a bargaining unit for peace officers must be composed exclusively of peace officers.
Section 3 of this bill provides that the amendatory provisions of this bill do not apply during the current term of any collective bargaining agreement entered into before July 1, 2023.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 288.138 is hereby amended to read as follows:
288.138 1. Supervisory employee includes:
(a) Any individual having authority in the interest of the employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees or responsibility to direct them, to adjust their grievances or effectively to recommend such action, if in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. The exercise of such authority shall not be deemed to place the employee in supervisory employee status unless the exercise of such authority occupies a significant portion of the employees workday. If any of the following persons perform some, but not all, of the foregoing duties under a paramilitary command structure, such a person shall not be deemed a supervisory employee solely because of such duties:
κ2023 Statutes of Nevada, Page 2798 (CHAPTER 459, SB 166)κ
(1) A police officer, as defined in NRS 288.215;
(2) A firefighter, as defined in NRS 288.215; [or]
(3) A person who:
(I) Has the powers of a peace officer pursuant to NRS 289.150, 289.170, 289.180 or 289.190; and
(II) Is a local government employee who is authorized to be in a bargaining unit pursuant to the provisions of this chapter [.] ; or
(4) A person who:
(I) Provides civilian support services to a law enforcement agency; and
(II) Is an employee who is authorized to be in a bargaining unit pursuant to the provisions of this chapter.
(b) Any individual or class of individuals appointed by the employer and having authority on behalf of the employer to:
(1) Hire, transfer, suspend, lay off, recall, terminate, promote, discharge, assign, reward or discipline other employees or responsibility to direct them, to adjust their grievances or to effectively recommend such action;
(2) Make budgetary decisions; and
(3) Be consulted on decisions relating to collective bargaining,
Κ if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. The exercise of such authority shall not be deemed to place the employee in supervisory employee status unless the exercise of such authority occupies a significant portion of the employees workday.
2. Nothing in this section shall be construed to mean that an employee who has been given incidental administrative duties shall be classified as a supervisory employee.
Sec. 2. NRS 288.515 is hereby amended to read as follows:
288.515 1. [The] Except as otherwise provided in subsection 2, the Board shall establish one bargaining unit for each of the following occupational groups of employees of the Executive Department:
(a) Labor, maintenance, custodial and institutional employees, including, without limitation, employees of penal and correctional institutions who are not responsible for security at those institutions.
(b) Administrative and clerical employees, including, without limitation, legal support staff and employees whose work involves general office work, or keeping or examining records and accounts.
(c) Technical aides to professional employees, including, without limitation, computer programmers, tax examiners, conservation employees and regulatory inspectors.
(d) Professional employees who do not provide health care, including, without limitation, engineers, scientists and accountants.
(e) Professional employees who provide health care, including, without limitation, physical therapists and other employees in medical and other professions related to health.
(f) Employees, other than professional employees, who provide health care and personal care, including, without limitation, employees who provide care for children.
(g) Category I peace officers.
(h) Category II peace officers.
(i) Category III peace officers.
κ2023 Statutes of Nevada, Page 2799 (CHAPTER 459, SB 166)κ
(j) Supervisory employees from all occupational groups [.] other than firefighters and category I, category II or category III peace officers.
(k) Firefighters.
(l) Supervisory employees who are category I peace officers.
(m) Supervisory employees who are category II peace officers.
(n) Supervisory employees who are category III peace officers.
(o) Supervisory employees who are firefighters.
2. Any bargaining unit established for peace officers pursuant to subsection 1 must be composed exclusively of peace officers.
3. The Board shall determine the classifications of employees within each bargaining unit. The parties to a collective bargaining agreement may assign a new classification to a bargaining unit based upon the similarity of the new classification to other classifications within the bargaining unit. If the parties to a collective bargaining agreement do not agree to the assignment of a new classification to a bargaining unit, the Board must assign a new classification to a bargaining unit based upon the similarity of the new classification to other classifications within the bargaining unit.
[3.] 4. As used in this section:
(a) Category I peace officer has the meaning ascribed to it in NRS 289.460.
(b) Category II peace officer has the meaning ascribed to it in NRS 289.470.
(c) Category III peace officer has the meaning ascribed to it in NRS 289.480.
(d) Professional employee means an employee engaged in work that:
(1) Is predominately intellectual and varied in character as opposed to routine mental, manual, mechanical or physical work;
(2) Involves the consistent exercise of discretion and judgment in its performance;
(3) Is of such a character that the result accomplished or produced cannot be standardized in relation to a given period; and
(4) Requires advanced knowledge in a field of science or learning customarily acquired through a prolonged course of specialized intellectual instruction and study in an institution of higher learning, as distinguished from general academic education, an apprenticeship or training in the performance of routine mental or physical processes.
(e) Supervisory employee has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 288.138.
Sec. 3. Insofar as they conflict with the provisions of such an agreement, the amendatory provisions of this act do not apply during the current term of any collective bargaining agreement entered into before July 1, 2023, but do apply to any extension or renewal of such an agreement and to any collective bargaining agreement entered into on or after July 1, 2023. For the purposes of this section, the term of a collective bargaining agreement ends on the date provided in the agreement, notwithstanding the provisions of NRS 288.550 or any provision of the agreement that it remains in effect, in whole or in part, after that date until a successor agreement becomes effective.
Sec. 4. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 2800κ
Assembly Bill No. 448Assemblymen Yeager and Jauregui
CHAPTER 460
[Approved: June 15, 2023]
AN ACT relating to taxation; revising the exemption from the real property transfer tax applicable to certain transfers of real property between business entities; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the imposition of taxes on transfers of real property. (NRS 375.020, 375.023, 375.026) Existing law also provides that certain transfers are exempt from such taxes, including, without limitation, transfers between certain affiliated business entities. (NRS 375.090) This bill provides that this exemption does not apply if a transfer of real property is made to a business entity formed for the purpose of evading the tax on transfers of real property.
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 375.090 is hereby amended to read as follows:
375.090 The taxes imposed by NRS 375.020, 375.023 and 375.026 do not apply to:
1. [A] Except as otherwise provided in this subsection, a mere change in identity, form or place of organization, such as a transfer between a business entity and its parent, its subsidiary or an affiliated business entity if the affiliated business entity has identical common ownership. The taxes imposed by NRS 375.020, 375.023 and 375.026 apply to a transfer described in this subsection if the business entity to which the real property is transferred was formed for the purpose of avoiding those taxes.
2. A transfer of title to the United States, any territory or state or any agency, department, instrumentality or political subdivision thereof.
3. A transfer of title recognizing the true status of ownership of the real property, including, without limitation, a transfer by an instrument in writing pursuant to the terms of a land sale installment contract previously recorded and upon which the taxes imposed by this chapter have been paid.
4. A transfer of title without consideration from one joint tenant or tenant in common to one or more remaining joint tenants or tenants in common.
5. A transfer, assignment or other conveyance of real property if the owner of the property is related to the person to whom it is conveyed within the first degree of lineal consanguinity or affinity.
6. A transfer of title between former spouses in compliance with a decree of divorce.
7. A transfer of title to or from a trust without consideration if a certificate of trust is presented at the time of transfer.
κ2023 Statutes of Nevada, Page 2801 (CHAPTER 460, AB 448)κ
8. Transfers, assignments or conveyances of unpatented mines or mining claims.
9. A transfer, assignment or other conveyance of real property to a corporation or other business organization if the person conveying the property owns 100 percent of the corporation or organization to which the conveyance is made.
10. A conveyance of real property by deed which becomes effective upon the death of the grantor pursuant to NRS 111.655 to 111.699, inclusive, and a Death of Grantor Affidavit recorded in the office of the county recorder pursuant to NRS 111.699.
11. The making, delivery or filing of conveyances of real property to make effective any plan of reorganization or adjustment:
(a) Confirmed under the Bankruptcy Act, as amended, 11 U.S.C. §§ 101 et seq.;
(b) Approved in an equity receivership proceeding involving a railroad, as defined in the Bankruptcy Act; or
(c) Approved in an equity receivership proceeding involving a corporation, as defined in the Bankruptcy Act,
Κ if the making, delivery or filing of instruments of transfer or conveyance occurs within 5 years after the date of the confirmation, approval or change.
12. A transfer to an educational foundation. As used in this subsection, educational foundation has the meaning ascribed to it in subsection 3 of NRS 388.750.
13. A transfer to a university foundation. As used in this subsection, university foundation has the meaning ascribed to it in subsection 3 of NRS 396.405.
14. A transfer to a library foundation. As used in this subsection, library foundation has the meaning ascribed to it in NRS 379.0056.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2023 Statutes of Nevada, Page 2802κ
Senate Bill No. 305Senators D. Harris, Spearman, Hansen, Neal; Daly, Lange, Ohrenschall, Scheible and Stone
Joint Sponsors: Assemblymen Carter, DSilva, Duran, Gonzαlez, Nguyen, Taylor, Thomas and Torres
CHAPTER 461
[Approved: June 13, 2023]
AN ACT relating to employment; creating the Board of Trustees of the Nevada Employee Savings Trust; prescribing the membership, powers, duties and limitations of the Board; authorizing the Board to create the Nevada Employee Savings Trust Program; prescribing certain required attributes of the Program; creating the Nevada Employee Savings Trust Administrative Fund and specifying the sources and uses of money deposited therein; creating the Nevada Employee Savings Trust and prescribing the manner of its administration; providing for the confidentiality of certain information; providing civil immunity to certain persons and entities in connection with the Program; making certain persons fiduciaries with respect to participants in the Program; prohibiting certain persons from engaging in certain financial transactions in connection with the Program; requiring the preparation and submission of certain annual reports; making an appropriation to the Office of the State Treasurer for costs related to the administration of the Program; requiring the Board to conduct a study on the feasibility of including independent contractors in the Program; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing federal law provides for individual retirement accounts and individual retirement annuities by which persons may save money for retirement under favorable income tax treatment. (26 U.S.C. §§ 408, 408A) This bill establishes the Nevada Employee Savings Trust under the direction of a board of trustees with the power to establish a similar program and to encourage private employees to establish such accounts.
Section 19 of this bill creates the Board of Trustees of the Nevada Employee Savings Trust and establishes its membership. Section 20 of this bill establishes certain powers and duties of the Board. In particular, section 20 authorizes and empowers the Board to: (1) design, establish and operate the Nevada Employee Savings Trust Program; and (2) adopt regulations, rules and procedures for the establishment and operation of the Program and to take such other actions necessary or desirable to establish and operate the Program.
Section 21 of this bill requires the State Treasurer to provide staff support to the Board within the limits of appropriations and authorizes the State Treasurer to provide administrative support to the Board.
Section 22 of this bill provides that an act or undertaking of the Board does not constitute a debt of the State of Nevada, or any political subdivision thereof, or a pledge of the full faith and credit of the State of Nevada, or of any political subdivision thereof, and is payable solely from the assets controlled by the Board. Section 22 also prohibits the Board from imposing any obligations on the State or pledging the credit of the State.
κ2023 Statutes of Nevada, Page 2803 (CHAPTER 461, SB 305)κ
Section 23 of this bill establishes certain attributes that the Board must include in the Program, including: (1) that covered employers must automatically enroll all covered employees in the Program or in a similar program offered by a trade association or chamber of commerce, unless a covered employee opts out of the Program or, if applicable, the similar program offered by a trade association or chamber of commerce; (2) that contributions to a covered employees Individual Retirement Account must be withheld from the employees compensation at the rate set by the Board unless the employee elects not to contribute or to contribute at a different rate; (3) that a covered employee may withdraw contributions to meet a financial or other emergency; and (4) that the Board must prepare informational materials, disclosure statements, forms and instructions concerning the Program for distribution by covered employers to covered employees.
Section 24 of this bill creates the Nevada Employee Savings Trust Administrative Fund in the State Treasury, specifies the sources of money that must be deposited in the Fund and requires the Board to use money in the Fund solely to pay the administrative costs and expenses of the Board and the Program.
Section 25 of this bill authorizes the Board to borrow money or enter into certain long-term procurement contracts with financial providers until the Board determines that the Program is financially self-sustaining.
Section 26 of this bill creates the Nevada Employee Savings Trust as an instrumentality of the State and requires the Board to appoint a Trustee of the Trust. Section 26 requires that the assets of all Individual Retirement Accounts established by covered employees through the Program be allocated to the Trust and invested, managed and administered for the exclusive purposes of providing benefits to the covered employees and defraying the reasonable expenses of the Board, Program and Trust. Section 26 also establishes certain investment guidelines and practices.
Section 27 of this bill provides that, except to the extent necessary to administer the Program, personal information relating to individual participants in the Program and information relating to individual accounts established or maintained through the Program is confidential and must be maintained as confidential, unless the person who provides the information or is the subject of the information expressly agrees in writing to the disclosure of the information.
Section 28 of this bill provides a grant of immunity from civil liability to covered employers for the consequences of various decisions made by employees or the Board in connection with the Program, including, for example, an employees decision to participate in or opt out of the Program, an investment decision made by the participant or the Board or a loss, failure to realize a gain or other adverse consequence incurred by a person as a result of participating in the Program. Section 28 also provides that a covered employer or other employer must not be deemed to be a fiduciary in relation to the Program.
Section 29 of this bill absolves the State and any employee or officer thereof, the Board and any member of the Board or employee thereof and the Program from any responsibility or civil liability for the actions of certain other persons in connection with the Program, including, for example, a persons failure to comply with provisions of the Internal Revenue Code, the payment of benefits or a loss, failure to realize a gain or other adverse consequence incurred by a person as a result of participating in the Program. Section 29 also provides that the debts, contracts and obligations of the Board, Program or Trust are not the debts, contracts and obligations of the State, and neither the faith and credit nor the taxing power of the State is pledged directly or indirectly to the payment of the debts, contracts and obligations of the Board, Program or Trust.
Section 30 of this bill provides that members of the Board, the Trustee and certain other persons involved in the administration of the Trust are fiduciaries with respect to the participants in the Program.
Section 31 of this bill prohibits members of the Board, its staff and persons who serve as administrators of the Program from engaging in certain financial transactions in connection with the Program.
κ2023 Statutes of Nevada, Page 2804 (CHAPTER 461, SB 305)κ
Section 32 of this bill requires the Board to obtain an annual independent audit of the Board, Program and Trust and to annually submit audited financial reports to the Governor, State Controller and Legislature.
Section 35 of this bill requires, with certain exceptions, the Board to establish the Program and implement its provisions so that covered employees are able to make contributions to an Individual Retirement Account through the Program beginning on July 1, 2025. Section 35 further authorizes the Board to implement the Program in phases but if the Board does so, the first phase must not begin before July 1, 2025.
Section 34.5 of this bill makes an appropriation to the Office of the State Treasurer for costs related to the administration of the Program.
Section 36.5 of this bill requires the Board to: (1) conduct a study on the feasibility of including independent contractors in the Program; and (2) submit a report of the findings of the study to the Director of the Legislative Counsel Bureau for transmittal to the 83rd Session of the Nevada Legislature.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 31 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 33, 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 18, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Administrative Fund means the Nevada Employee Savings Trust Administrative Fund created by section 24 of this act.
Sec. 4. Board means the Board of Trustees of the Nevada Employee Savings Trust created by section 19 of this act.
Sec. 5. Compensation means compensation within the meaning of section 219(f)(1) of the Internal Revenue Code, 26 U.S.C. § 219 (f)(1), that is received by a covered employee from a covered employer.
Sec. 6. Contribution rate means the percentage of a covered employees compensation that is withheld from the covered employees compensation and paid to the Individual Retirement Account established or maintained for the covered employee through the Program.
Sec. 7. 1. Covered employee means a person who:
(a) Is employed by a covered employer for not less than 120 days;
(b) Has wages or other compensation that is allocable to the State; and
(c) Is at least 18 years of age.
2. For purposes of the investment, withdrawal, transfer, rollover or other distribution of an Individual Retirement Account, the term also includes the beneficiary of a deceased covered employee.
3. The term does not include:
(a) Any employee covered under the federal Railway Labor Act, 45 U.S.C. §§ 151 et seq.;
(b) Any employee on whose behalf an employer makes contributions to a Taft-Hartley multiemployer pension trust fund; or
(c) Any person who is an employee of the Federal Government, the State or any other state, county or municipal corporation, or any of this States or any other states units or instrumentalities.
κ2023 Statutes of Nevada, Page 2805 (CHAPTER 461, SB 305)κ
Sec. 8. Covered employer means an employer that:
1. Employs more than five persons in this State;
2. Has been in business for at least 36 months; and
3. Has not maintained a tax-favored retirement plan for its employees or has not done so in an effective form and operation at any time within the current calendar year or 3 immediately preceding calendar years.
Sec. 9. 1. Except as otherwise provided in subsection 2, employer means a person or entity engaged in a business, profession, trade or other enterprise in this State, whether for profit or not for profit, that employs one or more persons in this State.
2. The term does not include an agency or entity of the Federal Government, the government of this State or a political subdivision of this State.
Sec. 10. Individual Retirement Account means an individual retirement account and an individual retirement annuity established under section 408 or 408A of the Internal Revenue Code, 26 U.S.C. § 408 or 408A.
Sec. 11. Internal Revenue Code means the federal Internal Revenue Code of 1986, as amended.
Sec. 12. Investment fund means an investment portfolio established by the Board within the Trust for investment purposes.
Sec. 13. Participant means a person who contributes to an Individual Retirement Account established or maintained through the Program or has an account balance in an Individual Retirement Account established or maintained through the Program.
Sec. 14. Program means the Nevada Employee Savings Trust Program established by the Board pursuant to section 20 of this act.
Sec. 15. State means the State of Nevada.
Sec. 16. Tax-favored retirement plan means a retirement plan that is tax-qualified under or is described in and satisfies the requirements of section 401(a), 401(k), 403(a), 403(b), 408(k) or 408(p) of the Internal Revenue Code, 26 U.S.C. §§ 401(a), 401(k), 403(a), 403(b), 408(k) or 408(p).
Sec. 17. Trust means the Nevada Employee Savings Trust created pursuant to section 26 of this act and each Individual Retirement Account trust or annuity contract allocated to the Nevada Employee Savings Trust pursuant to section 26 of this act.
Sec. 18. Trustee means the Trustee of the Trust appointed by the Board pursuant to subsection 2 of section 26 of this act.
Sec. 19. 1. There is hereby created the Board of Trustees of the Nevada Employee Savings Trust.
2. The Board consists of:
(a) The State Treasurer or the designee of the State Treasurer;
(b) The Lieutenant Governor or the designee of the Lieutenant Governor;
(c) One member, appointed by the Governor, who represents employers;
(d) One member, appointed by the Governor, who has experience in the field of investments;
(e) One member, appointed by the Majority Leader of the Senate, who represents retirees; and
(f) One member, appointed by the Speaker of the Assembly, who has experience in small business.
κ2023 Statutes of Nevada, Page 2806 (CHAPTER 461, SB 305)κ
3. Each appointed member serves a term of 4 years unless dismissed for cause. Members may be reappointed for additional terms of 4 years in the same manner as the original appointments.
4. Any vacancy occurring in the appointed membership of the Board must be filled in the same manner as the original appointment for the remainder of the unexpired term.
5. The State Treasurer or the designee of the State Treasurer shall serve as the Chair of the Board.
6. The Board shall meet at the call of the Chair as frequently as required to perform its duties.
7. A majority of the members of the Board constitutes a quorum for the transaction of business, and a majority of a quorum present at any meeting is sufficient for any official action taken by the Board.
8. Each member of the Board serves without compensation, except that each member is entitled to receive:
(a) The per diem allowance and travel expenses provided for state officers and employees generally; and
(b) Reimbursement for any other actual and reasonable expense incurred while performing the members duties.
Sec. 20. The Board is authorized and empowered to:
1. Design, establish, and operate the Nevada Employee Savings Trust Program;
2. Enter into contracts necessary or desirable for the administration of the Program, including, without limitation, contracts with one or more other states to:
(a) Provide for the administration of all or part of the Program by another state;
(b) Administer all or part of the qualified employee savings trust program of another state; or
(c) Jointly administer the Program with the qualified employee savings trust program of one or more other states;
3. Hire, retain and terminate third party service providers as the Board deems necessary or desirable for the Program, including, without limitation, nonprofit organizations, consultants, investment managers or advisers, trustees, custodians, insurance companies, record keepers, administrators, actuaries, counsel, auditors and other professionals;
4. Determine, without limitation, the:
(a) Types of Individual Retirement Accounts to be offered;
(b) Default contribution rate; and
(c) Process for automatic escalation of participant contributions;
5. Develop an option for participants to convert contributions into fixed lifetime income streams;
6. Develop and implement an outreach plan to gain input and disseminate information regarding the Program and retirement and financial education in general to employees, employers and other constituents in this State;
7. Determine the number of days during which a covered employer must make the Program available to a covered employee upon first becoming a covered employer or covered employee;
8. Determine the number of days, which must not be less than 90, after the Program is first made available to a covered employee during which the covered employee may exercise the employees right to opt out of the Program without penalty; and
κ2023 Statutes of Nevada, Page 2807 (CHAPTER 461, SB 305)κ
9. Adopt regulations, rules and procedures for the establishment and operation of the Program and to take such other actions necessary or desirable to establish and operate the Program.
Sec. 21. 1. The State Treasurer shall, within the limits of legislative appropriations, provide staff support to the Board and may otherwise provide administrative support to the Board.
2. The Board may enter into an intergovernmental agreement or contract to obtain outreach, technical assistance or compliance services with any officer, agency, division or department of the State, including, without limitation, the Lieutenant Governor, Secretary of State, Department of Taxation, Department of Employment, Training and Rehabilitation, Department of Business and Industry and Office of the Labor Commissioner. An officer, agency, division or department that enters into such an intergovernmental agreement with the Board shall collaborate with any other officer, agency, division or department of the State as necessary to provide such outreach, technical assistance or compliance services to the Board.
3. Each officer, agency, division or department of the State must provide any information necessary for the Board to implement the Program regardless of whether the Board has entered into an intergovernmental agreement or contract with the officer, agency, division or department pursuant to subsection 2.
Sec. 22. 1. An act or undertaking of the Board does not constitute a debt of the State of Nevada, or any political subdivision thereof, or a pledge of the full faith and credit of the State of Nevada, or of any political subdivision thereof, and is payable solely from the Trust.
2. The Board may not impose any obligations on the State or pledge the credit of the State.
Sec. 23. The Program designed, established and operated by the Board pursuant to section 20 of this act must provide, without limitation, that:
1. Each covered employer shall automatically enroll the covered employee in the Program or in a similar program offered by a trade association or chamber of commerce, unless the employee elects to opt out of the Program, or if applicable, the similar program offered by a trade association or chamber of commerce.
2. Contributions must be withheld from the compensation of each covered employee at the contribution rate set by the Board unless the covered employee elects not to contribute or to contribute at a different rate.
3. An Individual Retirement Account established and maintained through the Program must qualify for favorable federal income tax treatment pursuant to section 408 or 408A of the Internal Revenue Code, 26 U.S.C. § 408 or 408A.
4. To the extent consistent with federal law, a covered employee may withdraw from the employees Individual Retirement Account at any time if necessary to meet a financial or other emergency.
5. The Board may establish intervals after which a covered employee who opted out of the Program may later elect to participate in the Program.
6. A covered employer must deposit a covered employees withheld contributions under the Program with the Trustee in such manner as is determined by the Board, but in no case later than 10 business days after the date such amounts otherwise would have been paid to the covered employee.
κ2023 Statutes of Nevada, Page 2808 (CHAPTER 461, SB 305)κ
7. The Board shall determine the rules and procedures for withdrawals, distributions, transfers and rollovers of Individual Retirement Accounts and for the designation of Individual Retirement Account beneficiaries.
8. The Board shall determine a method for employers other than covered employers and employees other than covered employees to participate in the Program, if allowed under federal law.
9. The Board shall prepare or cause to be prepared informational materials and required disclosures regarding the Program for distribution by covered employers to covered employees. Such materials must include, without limitation:
(a) A description of the benefits and risks associated with making contributions through the Program;
(b) Instructions about how to obtain additional information about the Program;
(c) A description of the federal and state income tax consequences of an Individual Retirement Account, which may consist of or include the disclosure statement required to be distributed by the Trustee by the Internal Revenue Code and the Treasury Regulations adopted thereunder;
(d) A statement that covered employees seeking financial advice should contact their own financial advisers and that covered employers are not in a position to provide financial advice and that covered employers are not liable for decisions covered employees make concerning the Program;
(e) A statement that the Program is not an employer-sponsored retirement plan;
(f) A statement that neither the Program nor the covered employees Individual Retirement Account established or maintained through the Program is guaranteed by the State; and
(g) A statement that:
(1) Neither a covered employer nor the State will monitor or has an obligation to monitor the covered employees eligibility under the Internal Revenue Code to make contributions to an Individual Retirement Account or to monitor whether the covered employees contributions to the Individual Retirement Account established or maintained for the covered employee through the Program exceed the maximum permissible Individual Retirement Account contribution;
(2) It is the covered employees responsibility to monitor such matters; and
(3) Neither the State nor the covered employer will have any liability with respect to any failure of the covered employee to be eligible to make Individual Retirement Account contributions or for making any contribution in excess of the maximum Individual Retirement Account contribution.
10. The Board shall prepare or cause to be prepared information, forms or instructions to be furnished to covered employees at such times as the Board determines that provide the covered employee with the procedures for, without limitation:
(a) Making contributions to the covered employees Individual Retirement Account established or maintained through the Program, including, without limitation, a description of the default contribution rate, any automatic escalation rate or frequency and the covered employees right to elect to make no contribution or to change the contribution rate;
κ2023 Statutes of Nevada, Page 2809 (CHAPTER 461, SB 305)κ
(b) Making an investment election with respect to the covered employees Individual Retirement Account established or maintained through the Program, including a description of the default investment fund;
(c) Making transfers, rollovers, withdrawals and other distributions from the covered employees Individual Retirement Account; and
(d) Exercising the covered employees right to opt out of the Program.
11. Each covered employer shall deliver or facilitate the delivery of the items set forth in subsections 9 and 10, and any other information required by the Board, to each covered employee at such time and in such manner as determined by the Board.
12. The Program shall be designed and operated in a manner that will cause it not to be an employee pension benefit plan within the meaning of section 3(2) of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1002(2).
Sec. 24. 1. The Nevada Employee Savings Trust Administrative Fund is hereby created in the State Treasury.
2. The Board shall administer the Administrative Fund.
3. The Board shall deposit in the Administrative Fund all money received for the Program, including, without limitation:
(a) Money appropriated to the Administrative Fund by the Legislature;
(b) Money transferred to the Administrative Fund from the Federal Government, other state agencies or local governments;
(c) Any gifts, donations, grants or other money designated for the Administrative Fund from the State, or any unit of federal or local government, or any other person, firm, partnership, corporation or other entity solely for deposit into the Administrative Fund, whether for investment or administrative expenses; and
(d) Earnings on money in the Administrative Fund.
4. The Board shall use the money in the Administrative Fund solely to pay the administrative costs and expenses of the Program and the administrative costs and expenses the Board incurs in the performance of its duties.
Sec. 25. 1. The Board may, to enable or facilitate the start up and continuing operation, maintenance, administration and management of the Program until the Board determines that the Program has accumulated sufficient balances and is able to generate sufficient funding for the Program to be financially self-sustaining:
(a) Borrow money from the State, any unit of federal, state or local government or any other person, firm, partnership, corporation or entity; or
(b) Enter into long-term procurement contracts with one or more financial providers if the Board determines that the fee structure of a contract allows or assists the Program to minimize or avoid the need to borrow money pursuant to paragraph (a) or to rely upon general assets of the State.
2. Money borrowed pursuant to subsection 1 must:
(a) Be borrowed in the name of the Program and Board only;
(b) Be repaid solely from the revenues of the Program; and
(c) Not be repaid unless the money was offered contingent upon the promise of such repayment.
3. Within the limits of legislative appropriations, the State may pay on behalf of the Board administrative costs associated with the creation, maintenance, operation and management of the Program and Trust until the Board determines that sufficient assets are available in the Administrative Fund for that purpose.
κ2023 Statutes of Nevada, Page 2810 (CHAPTER 461, SB 305)κ
maintenance, operation and management of the Program and Trust until the Board determines that sufficient assets are available in the Administrative Fund for that purpose. Thereafter, all administrative costs of the Program and Trust, including any repayment of start-up money provided by the State, must be repaid only out of money on deposit in the Administrative Fund.
Sec. 26. 1. The Nevada Employee Savings Trust is hereby created as an instrumentality of the State.
2. The Board shall appoint an institution qualified to act as a trustee of Individual Retirement Account trusts or an insurance company that issues annuity contracts pursuant to section 408 of the Internal Revenue Code, 26 U.S.C. § 408, and licensed to do business in the State of Nevada to act as Trustee of the Trust.
3. The assets of Individual Retirement Accounts established or maintained for covered employees must be allocated to the Trust and may be combined for investment purposes. Trust assets must be managed and administered for the exclusive purposes of providing benefits to covered employees and defraying reasonable expenses of administering and managing the investments, Individual Retirement Accounts, Board, Program and Trust.
4. The Board shall establish within the Trust one or more investment funds, each pursuing an investment strategy and policy established by the Board. The underlying investments of each investment fund must be diversified so as to minimize the risk of large losses under any circumstances. The Board may, at any time or from time to time, add, replace or remove any investment fund.
5. The Board may allow covered employees to allocate assets of their Individual Retirement Accounts among such investment funds and, in such case, the Board also may designate an investment fund as a default investment for the Individual Retirement Accounts of covered employees who do not make an investment choice.
6. The Board, in consultation with such third-party professional investment advisers, managers or consultants as it may retain, shall select the underlying investments of each investment fund. Such underlying investments may include, without limitation, shares of mutual funds and exchange-traded funds, publicly traded equity and fixed-income securities and other investments available for investment by the Trust. An investment fund may not invest in any bond, debt instrument or other security issued by the State.
7. The Board may, in its discretion, retain an investment adviser to select and manage the investments of an investment fund on a discretionary basis, subject to the Boards ongoing review and oversight. An investment adviser retained pursuant to this subsection must be:
(a) An investment adviser registered as such under the Investment Advisers Act of 1940, 15 U.S.C. §§ 80b-1 et seq.; or
(b) A bank or other institution exempt from registration under the Investment Advisers Act.
8. The Trustee shall be subject to directions of the Board or of an investment adviser pursuant to this section and shall otherwise have no responsibility for the selection, retention or disposition of the investments or assets of the Trust.
9. The assets of the Trust must at all times be preserved, invested and expended solely for the purposes of the Trust and no property rights therein shall exist in favor of the State or any covered employer.
κ2023 Statutes of Nevada, Page 2811 (CHAPTER 461, SB 305)κ
therein shall exist in favor of the State or any covered employer. Trust assets must not be transferred or used by the State for any purposes other than the purposes of the Trust or paying the expenses of operating the Program. Amounts deposited with the Trustee do not constitute property of the State and must not be commingled with state money and the State has no claim to or against, or interest in, the assets of the Trust.
10. The assets of the Trust must at all times be held separate and apart from the assets of the State. The State, Program, Board, any member of the Board or any covered employer shall not guaranty any investment, rate of return, or interest on amounts held in the Trust, an investment fund or any Individual Retirement Account. The State, Program, Board, any member of the Board or any covered employer is not liable for any losses incurred by Trust investments or otherwise by any covered employee or other person as a result of participating in the Program.
11. The provisions of chapter 90 of NRS, the Uniform Securities Act, do not apply to the Trust, any investment fund or any interest held by an Individual Retirement Account in the Trust or such investment fund.
12. The Trust and each investment fund are exempt from all taxation by this State and any political subdivision thereof.
Sec. 27. Except to the extent necessary to administer the Program, personally identifiable information relating to individual participants in the Program, including, without limitation, the name, physical and electronic mail address, telephone number and other personally identifiable information of the participant, and information relating to individual accounts established or maintained through the Program, including, without limitation, the identity or amount of any investment, contribution or earnings attributable to an account, is confidential and must be maintained as confidential, unless the person who provides the information or is the subject of the information expressly agrees in writing to the disclosure of the information.
Sec. 28. 1. A covered employer or other employer may not be held liable for:
(a) An employees decision to participate in or opt out of the Program;
(b) A participants or the Boards investment decisions;
(c) The administration, investment, investment returns or investment performance of the Program, including, without limitation, any interest rate or other rate of return on any contribution or account balance, provided the covered employer or other employer played no role;
(d) The design of the Program or the benefits paid to participants;
(e) A persons awareness of or compliance with the conditions and other provisions of the Internal Revenue Code that determine which persons are eligible to make tax-favored contributions to Individual Retirement Accounts, in what amount and in what time frame and manner; or
(f) Any loss, failure to realize any gain or any other adverse consequences, including, without limitation, any adverse tax consequences or loss of favorable tax treatment, public assistance or other benefits, incurred by any person as a result of participating in the Program.
2. A covered employer or other employer must not be deemed to be a fiduciary in relation to the Program.
Sec. 29. 1. The State and any employee or officer thereof, the Board and any member of the Board or employee thereof and the Program:
κ2023 Statutes of Nevada, Page 2812 (CHAPTER 461, SB 305)κ
(a) Have no responsibility for compliance by persons with the conditions and other provisions of the Internal Revenue Code that determine which persons are eligible to make tax-favored contributions to Individual Retirement Accounts, in what amount and in what time frame and manner;
(b) Have no duty, responsibility or liability to any party for the payment of any benefits through the Program, regardless of whether sufficient money is available through the Program to pay such benefits;
(c) Do not and shall not guarantee any interest rate or other rate of return on or investment performance of any contribution or account balance; and
(d) Are not and shall not be liable or responsible for any loss, deficiency, failure to realize any gain or any other adverse consequences, including, without limitation, any adverse tax consequences or loss of favorable tax treatment, public assistance or other benefits, incurred by any person as a result of participating in the Program.
2. The debts, contracts and obligations of the Board, Program or Trust are not the debts, contracts and obligations of the State, and neither the faith and credit nor the taxing power of the State is pledged directly or indirectly to the payment of the debts, contracts and obligations of the Board, Program or Trust.
Sec. 30. 1. Each member of the Board, the Trustee and each investment adviser or other person who has control of the assets of the Trust is a fiduciary with respect to the Trust and each Individual Retirement Account established and maintained through the Program.
2. Each fiduciary shall discharge its duties with respect to the Program solely in the interests of covered employees and with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an enterprise of like character and aims.
Sec. 31. A member of the Board and a person who serves on the staff of the Board or as an administrator of the Program shall not:
1. Directly or indirectly have any interest in the making of any investment under the Program or in any gains or profits accruing from such an investment;
2. Borrow any Program-related money or deposits, or use any such money or deposits in any manner, for himself or herself or as an agent or partner of others; or
3. Become an endorser, surety or obligor on any investment made through the Program.
Sec. 32. 1. The Board shall cause an accurate account of all the activities, operations and receipts and expenditures of the Board, Program and Trust to be maintained. Each year, a full audit of the books and accounts of the Board, Program and Trust pertaining to those activities, operations, receipts and expenditures, personnel, services and facilities must be conducted by a certified public accountant and must include, without limitation, direct and indirect costs attributable to the use of outside consultants, independent contractors and any other persons who are not state employees for the administration of the Program. For the purposes of the audit, the auditors shall have access to the properties and records of the Board, Program and Trust and may prescribe methods of accounting and the rendering of periodic reports in relation to projects undertaken by the Board, Program and Trust.
κ2023 Statutes of Nevada, Page 2813 (CHAPTER 461, SB 305)κ
2. Not later than August 1 of each year, the Board shall submit to the Governor, the State Controller and the Director of the Legislative Counsel Bureau for transmittal to the Legislature or, if the Legislature is not in session, to the Legislative Commission, an audited financial report, prepared in accordance with generally accepted accounting principles, detailing the activities, operations and receipts and expenditures of the Board, Program and Trust during the immediately preceding calendar year. The report must also include projected activities of the Program for the current calendar year.
3. The Board shall prepare an annual report on the operation of the Program to be available to all citizens and provided to appropriate state officers.
Sec. 33. This chapter, being necessary to secure the public health, safety, convenience and welfare, must be liberally construed to effect its purposes.
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.
κ2023 Statutes of Nevada, Page 2814 (CHAPTER 461, SB 305)κ
408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2671, 630.2672, 630.2673, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 633.301, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 635.111, 635.158, 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, section 27 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.
κ2023 Statutes of Nevada, Page 2815 (CHAPTER 461, SB 305)κ
2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.
4. If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic medium. Nothing in this subsection requires a governmental entity to provide a copy of a public record in an electronic format or by means of an electronic medium if:
(a) The public record:
(1) Was not created or prepared in an electronic format; and
(2) Is not available in an electronic format; or
(b) Providing the public record in an electronic format or by means of an electronic medium would:
(1) Give access to proprietary software; or
(2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.
5. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
Sec. 34.5. 1. There is hereby appropriated from the State General Fund to the Office of the State Treasurer for costs related to the administration of the Nevada Employee Savings Trust Program established pursuant to section 20 of this act the following sums:
For the Fiscal Year 2023-2024.................................................... $669,491
For the Fiscal Year 2024-2025.................................................... $535,074
2. The Office of the State Treasurer shall repay the sums appropriated by subsection 1 as soon as the Office has received sufficient money for the operation of the Program.
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. 35. 1. Except as otherwise provided in this section, the Board of Trustees of the Nevada Employee Savings Trust created by section 19 of this act shall establish the Nevada Employee Savings Trust Program pursuant to section 20 of this act and implement its provisions so that covered employees are able to make contributions to an Individual Retirement Account through the Program beginning on July 1, 2025.
κ2023 Statutes of Nevada, Page 2816 (CHAPTER 461, SB 305)κ
act shall establish the Nevada Employee Savings Trust Program pursuant to section 20 of this act and implement its provisions so that covered employees are able to make contributions to an Individual Retirement Account through the Program beginning on July 1, 2025.
2. The Board may implement the Program in phases so that the ability of covered employees to contribute to an Individual Retirement Account through the Program first applies on different dates for different employees based on the number of employees employed by the covered employer. If the Board implements the Program in phases pursuant to this subsection, the first phase must not begin before July 1, 2025.
3. The Board shall not implement the Program if, and to the extent that, it determines that the Program is preempted by the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et seq. If the Board determines that one or more provisions of the Program are preempted by Employee Retirement Income Security Act of 1974, the Board shall implement the remaining provisions of the Program to the extent practicable.
4. The Board shall not implement a provision of the Program that authorizes an arrangement by which an employer facilitates access for an employee to contribute to an Individual Retirement Account by means of payroll deduction if the Board determines that the arrangement is an employee pension benefit plan within the meaning of section 3(2) of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1002(2).
Sec. 36. As soon as practicable on or after the effective date of this section, the Governor, Majority Leader of the Senate and Speaker of the Assembly shall appoint the members of the Board of Trustees of the Nevada Employee Savings Trust pursuant to section 19 of this act.
Sec. 36.5. 1. The Board of Trustees of the Nevada Employee Savings Trust created by section 19 of this act shall conduct a study on the feasibility of including independent contractors in the Nevada Employee Savings Trust Program established pursuant to section 20 of this act.
2. Not later than December 31, 2024, the Board shall prepare and submit a report of the findings of the study conducted pursuant to subsection 1 to the Director of the Legislative Counsel Bureau for transmittal to the 83rd Session of the Nevada Legislature.
Sec. 37. 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. 38. 1. This section and section 36 of this act become effective upon passage and approval.
2. Sections 34.5 and 36.5 of this act become effective on July 1, 2023.
3. Sections 1 to 34, inclusive, 35 and 37 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, 2025, for all other purposes.
________
κ2023 Statutes of Nevada, Page 2817κ
Senate Bill No. 82Senator Daly
CHAPTER 462
[Approved: June 13, 2023]
AN ACT relating to public works; revising provisions relating to the use of apprentices on public works; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires contractors or subcontractors engaged on public works to use one or more apprentices for a certain percentage of the total hours performed on a public work, depending on the number of workers employed on the public work, and to enter into an apprenticeship agreement for all apprentices so required. (NRS 338.01165) Section 1 of this bill: (1) eliminates the threshold number of workers for the applicability of the requirements for using apprentices; (2) applies those requirements based on all public works performed by a contractor or subcontractor during a calendar year instead of based on each public work; and (3) limits the requirement to enter into an apprenticeship agreement to those contractors or subcontractors who are not signatories to a collective bargaining agreement with a sponsoring union.
Existing law: (1) sets forth a procedure that authorizes the Labor Commissioner, upon request by a public body, to grant a modification or waiver from the requirements for using apprentices upon a finding of good cause; and (2) defines the circumstances that constitute good cause. (NRS 338.01165) Section 1: (1) eliminates that procedure; (2) requires a contractor or subcontractor to maintain and provide to the Labor Commissioner any supporting documentation to show that the contractor or subcontractor made a good faith effort to comply with the annual requirements to use one or more apprentices for a certain percentage of the total hours performed on public works; and (3) sets forth certain requirements for such supporting documentation.
Existing law provides that an apprentice who graduates from an apprenticeship program while employed on a public work is deemed to be an apprentice on the public work for purposes of the requirements for using apprentices and a journeyman for certain purposes, including the payment of wages. (NRS 338.01165) Section 1 expands the circumstances under which a person is treated as an apprentice for those requirements.
Section 1 also requires, on or before February 15 of each year, a contractor or subcontractor to submit certain information to the Labor Commissioner regarding the hours that were worked in a calendar year on vertical or horizontal construction for each apprenticed craft or type of work performed. Section 2 of this bill requires that the first such annual report be submitted on or before February 15, 2025, and address calendar year 2024.
Finally, section 1 sets forth a penalty schedule for violations of certain provisions relating to the requirements for a contractor or subcontractor to use one or more apprentices for a certain percentage of the total hours performed on a public work.
Section 1.5 of this bill makes an appropriation to the Office of Labor Commissioner in the Department of Business and Industry for certain expenses to carry out the provisions of this bill.
κ2023 Statutes of Nevada, Page 2818 (CHAPTER 462, SB 82)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 338.01165 is hereby amended to read as follows:
338.01165 1. Notwithstanding any other provision of this chapter and except as otherwise provided in this section, a contractor or subcontractor engaged in vertical construction who employs [a worker] workers on [a] one or more public [work] works during a calendar year pursuant to NRS 338.040 shall use one or more apprentices for at least 10 percent , or any increased percentage established pursuant to subsection 3, of the total hours of labor worked for each apprenticed craft or type of work to be performed on [the] those public [work for which more than three workers are employed.] works.
2. Notwithstanding any other provision of this chapter and except as otherwise provided in this section, a contractor or subcontractor engaged in horizontal construction who employs [a worker] workers on [a] one or more public [work] works during a calendar year pursuant to NRS 338.040 shall use one or more apprentices for at least 3 percent , or any increased percentage established pursuant to subsection 3, of the total hours of labor worked for each apprenticed craft or type of work to be performed on [the] those public [work for which more than three workers are employed.] works.
3. On or after January 1, 2021, the Labor Commissioner, in collaboration with the State Apprenticeship Council, may adopt regulations to increase the percentage of total hours of labor required to be performed by an apprentice pursuant to subsection 1 or 2 by not more than 2 percentage points.
4. An apprentice who graduates from an apprenticeship program while employed on a public work shall:
(a) Be deemed an apprentice on the public work for the purposes of subsections 1 and 2.
(b) Be deemed a journeyman for all other purposes, including, without limitation, the payment of wages or the payment of wages and benefits to a journeyman covered by a collective bargaining agreement.
5. If a contractor or subcontractor who is a signatory to a collective bargaining agreement with a union that sponsors an apprenticeship program for an apprenticed craft or type of work for which the term of apprenticeship is not more than 3 years requests an apprentice from that apprenticeship program and an apprentice in the appropriate craft or type of work is not available, the contractor or subcontractor may utilize a person who graduated from the apprenticeship program in that craft or type of work within the 3 years immediately preceding the request from the contractor or subcontractor. Such a person:
(a) Shall be deemed an apprentice on the public work for the purposes of subsections 1 and 2.
(b) Shall be deemed a journeyman for all other purposes, including, without limitation, the payment of wages and benefits to a journeyman pursuant to the collective bargaining agreement.
6. A contractor or subcontractor engaged on a public work is not required to use an apprentice in a craft or type of work performed in a jurisdiction recognized by the State Apprenticeship Council as not having apprentices in that craft or type of work.
κ2023 Statutes of Nevada, Page 2819 (CHAPTER 462, SB 82)κ
[6. A public body may, upon the request of a contractor or subcontractor, submit a request]
7. A contractor or subcontractor engaged on a public work shall maintain and provide to the Labor Commissioner any supporting documentation to show that the contractor or subcontractor made a good faith effort to comply with subsection 1 or 2, as applicable, as determined by the Labor Commissioner. For purposes of this subsection, a contractor or subcontractor:
(a) Makes a good faith effort to comply with subsection 1 or 2, as applicable, if the contractor or subcontractor:
(1) Submits to the apprenticeship program, on the form prescribed by the Labor Commissioner [to modify or waive the percentage of hours of labor provided by one or more apprentices required pursuant to subsection 1 or 2 for good cause. A public body must submit such a request, before an advertisement for bids has been placed, the opening of bids or the award of a contract for a public work or after the public body has commenced work on the public work. Such a request must include any supporting documentation, including, without limitation, proof of denial of or failure to approve a request for apprentices pursuant to subparagraph (3) of paragraph (d) of subsection 10.
7.] , a request for an apprentice not earlier than 10 days before the contractor or subcontractor is scheduled to begin work on the public work and not later than 5 days after the contractor or subcontractor actually begins work on the public work.
(2) If the apprenticeship program does not provide an apprentice for the appropriate apprenticed craft or type of work upon a request pursuant to subparagraph (1), submits additional requests to the apprenticeship program, on the form prescribed by the Labor Commissioner, at least once every 30 days during the period that the contractor or subcontractor is working on the public work. If a contractor or subcontractor does not work continuously on the public work, the contractor or subcontractor shall submit an additional request each time that the contractor or subcontractor resumes work on the public work not earlier than 10 days before the contractor or subcontractor is scheduled to resume work on the public work and not later than 5 days after the contractor or subcontractor actually resumes work on the public work. The requirement for the submission of an additional request in this subparagraph does not apply whenever a contractor or subcontractor has one or more apprentices employed for that apprenticed craft or type of work.
(b) Does not make a good faith effort to comply with subsection 1 or 2, as applicable, as determined by the Labor Commissioner, if the contractor or subcontractor is required to enter into an apprenticeship agreement pursuant to subsection 16 and refuses to do so.
8. The supporting documentation required pursuant to subsection 7 may include, without limitation:
(a) Documentation of the submission by the contractor or subcontractor of one or more requests, as applicable, pursuant to subsection 7; and
(b) Documentation that the apprenticeship program denied such a request, did not respond to such a request or responded that the program was unable to provide the requested apprentice.
κ2023 Statutes of Nevada, Page 2820 (CHAPTER 462, SB 82)κ
9. The contractor or subcontractor and the apprenticeship program shall coordinate the starting date for any apprentice provided by the program.
10. On or before February 15 of each year, a contractor or subcontractor engaged in vertical or horizontal construction, as applicable, who employs a worker on one or more public works pursuant to NRS 338.040 shall report to the Labor Commissioner, on the form prescribed by the Labor Commissioner [shall issue a determination of whether to grant a modification or waiver requested pursuant to subsection 6 within 15 days after the receipt of such request. The Labor Commissioner may grant such a request if he or she makes a finding that there is good cause to modify or waive the percentage of hours of labor provided by one or more apprentices required pursuant to subsection 1 or 2.
8.] , the following information regarding those public works for the previous calendar year:
(a) For each apprenticed craft or type of work, the total number of hours worked on vertical construction.
(b) For each apprenticed craft or type of work, the total number of hours worked on horizontal construction.
(c) For each apprenticed craft or type of work, the total number of hours worked by apprentices on vertical construction.
(d) For each apprenticed craft or type of work, the total number of hours worked by apprentices on horizontal construction.
(e) For each apprenticed craft or type of work, the percentage of the total number of hours worked on vertical construction that were worked by apprentices.
(f) For each apprenticed craft or type of work, the percentage of the total number of hours worked on horizontal construction that were worked by apprentices.
11. The information required to be reported pursuant to subsection 10 must not include any identifying information about a public work or an apprentice or employee.
12. If the Labor Commissioner, on his or her own initiative or based on a complaint, makes a determination based on the information submitted pursuant to subsection 10 that a contractor or subcontractor did not make a good faith effort to comply with the provisions of subsection 1 or 2, as applicable, the Labor Commissioner shall notify the contractor or subcontractor in writing of the determination and:
(a) Except as otherwise provided in paragraph (b), shall assess a penalty as follows:
(1) If the apprentice utilization rate by the contractor or subcontractor on vertical construction of a public work is:
(I) Seven and one-half percent or more but less than 10 percent of the total hours of labor worked for an apprenticed craft or type of work, a penalty of $2,500 or $2 for each hour below the percentage required, whichever is higher.
(II) More than 4 percent but less than 7.5 percent of the total hours of labor worked for an apprenticed craft or type of work, a penalty of $3,000 or $4 for each hour below the percentage required, whichever is higher.
(III) Four percent or less of the total hours of labor worked for an apprenticed craft or type of work, a penalty of $5,000 or $6 for each hour below the percentage required, whichever is higher.
κ2023 Statutes of Nevada, Page 2821 (CHAPTER 462, SB 82)κ
(2) If the apprentice utilization rate by the contractor or subcontractor on horizontal construction of a public work is:
(I) Two percent or more but less than 3 percent of the total hours of labor worked for an apprenticed craft or type of work, a penalty of $2,500 or $2 for each hour below the percentage required, whichever is higher.
(II) More than 1 percent but less than 2 percent of the total hours of labor worked for an apprenticed craft or type of work, a penalty of $3,000 or $4 for each hour below the percentage required, whichever is higher.
(III) One percent or less of the total hours of labor worked for an apprenticed craft or type of work, a penalty of $5,000 or $6 for each hour below the percentage required, whichever is higher.
(b) Shall not assess a penalty if the total number of hours of labor required to be worked by apprentices:
(1) On vertical construction pursuant to subsection 1, as applicable, during the previous calendar year is less than 40 hours.
(2) On horizontal construction pursuant to subsection 2, as applicable, during the previous calendar year is less than 24 hours.
13. Except for good cause, the Labor Commissioner may not initiate his or her own investigation or accept a complaint based on the information submitted by a contractor or subcontractor pursuant to subsection 10 after May 1 immediately following the date on which the report was received by the Labor Commissioner.
14. In addition to the penalties set forth in subsection 12, if the Labor Commissioner, on his or her own initiative or based on a complaint, makes a determination that a contractor or subcontractor did not submit the report required pursuant to subsection 10 or made no attempt to comply with the provisions of subsection 1 or 2, as applicable, the Labor Commissioner shall:
(a) Impose a penalty of not less than $10,000 but not more than $75,000; or
(b) Disqualify the contractor or subcontractor from being awarded a contract for a public work for at least 180 days but not more than 2 years.
15. A [public body,] contractor or subcontractor may request a hearing on the determination of the Labor Commissioner pursuant to subsection 12 or 14 within 10 days after receipt of the determination of the Labor Commissioner. The hearing must be conducted in accordance with regulations adopted by the Labor Commissioner. If the Labor Commissioner does not receive a request for a hearing pursuant to this subsection, the determination of the Labor Commissioner is a final decision for the purposes of judicial review pursuant to chapter 233B of NRS.
[9.] 16. A contractor or subcontractor who is not a signatory to a collective bargaining agreement with the union sponsoring the apprenticeship program for an apprenticed craft or type of work engaged on a public work shall enter into an apprenticeship agreement for [all apprentices] each apprentice required to be used in the construction of a public work. [If the Labor Commissioner granted a modification or waiver pursuant to subsection 7 because the Labor Commissioner finds that a request for apprentices was denied or the request was not approved within 5 business days as described in subparagraph (3) of paragraph (d) of subsection 10 and apprentices are later provided, then the contractor or subcontractor shall enter into an apprenticeship agreement for all apprentices later provided.
κ2023 Statutes of Nevada, Page 2822 (CHAPTER 462, SB 82)κ
subsection 10 and apprentices are later provided, then the contractor or subcontractor shall enter into an apprenticeship agreement for all apprentices later provided.
10.] 17. As used in this section:
(a) Apprentice means a person enrolled in an apprenticeship program recognized by the State Apprenticeship Council.
(b) Apprenticed craft or type of work means a craft or type of work for which there is an existing apprenticeship program recognized by the State Apprenticeship Council.
(c) Apprenticeship program means an apprenticeship program recognized by the State Apprenticeship Council.
(d) [Good cause means:
(1) There are no apprentices available from an apprenticeship program within the jurisdiction where the public work is to be completed as recognized by the State Apprenticeship Council;
(2) The contractor or subcontractor is required to perform uniquely complex or hazardous tasks on the public work that require the skill and expertise of a greater percentage of journeymen; or
(3) The contractor or subcontractor has requested apprentices from an apprenticeship program and the request has been denied or the request has not been approved within 5 business days.
Κ The term does not include the refusal of a contractor or subcontractor to enter into an apprenticeship agreement pursuant to subsection 9.
(e)] Journeyman has the meaning ascribed to it in NRS 624.260.
[(f)] (e) State Apprenticeship Council means the State Apprenticeship Council created by NRS 610.030.
Sec. 1.5. 1. There is hereby appropriated from the State General Fund to the Office of Labor Commissioner in the Department of Business and Industry the sum of $376,876 for personnel, travel, operating, equipment and information services expenses to carry out the provisions 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. 2. The initial report required pursuant to subsection 10 of NRS 338.01165, as amended by section 1 of this act, must be submitted on or before February 15, 2025, and must include information for the period which begins on January 1, 2024, and ends on December 31, 2024.
Sec. 3. 1. This section becomes effective upon passage and approval.
2. Sections 1 and 2 of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2024, for all other purposes.
3. Section 1.5 of this act becomes effective on July 1, 2024.
________
κ2023 Statutes of Nevada, Page 2823κ
Senate Bill No. 10Committee on Growth and Infrastructure
CHAPTER 463
[Approved: June 13, 2023]
AN ACT relating to the Nevada State Infrastructure Bank; requiring the Bank to keep confidential certain information; removing the Bank from the Department of Transportation and placing the Bank in the Office of the State Treasurer; expanding the types of projects for which the Bank may provide loans and other financial assistance; revising provisions relating to the Board of Directors of the Bank; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the Nevada State Infrastructure Bank within the Department of Transportation, the purpose of which is to provide loans and other financial assistance to qualified borrowers for the development, construction, repair, improvement, operation, maintenance, decommissioning and ownership of certain transportation facilities, utility infrastructure, water and wastewater infrastructure, renewable energy infrastructure, recycling and sustainability infrastructure, digital infrastructure, social infrastructure and other infrastructure related to economic development. (NRS 408.111, 408.55048-408.55088) Under existing law, the Bank is administered by and operates under the direction of a Board of Directors. (NRS 408.55069)
Sections 1.3, 9.3 and 10 of this bill authorize the Bank to provide loans and other financial assistance for K-12 school facilities in counties with a population of less than 100,000. Section 11.5 of this bill provides that, for the purpose of providing a loan or other financial assistance: (1) the anticipated useful life of a K-12 school facility must not be deemed to be longer than 50 years; and (2) the Bank may offer a school district a rate of interest on a loan of 0 percent under certain circumstances. Section 9.7 of this bill adds workforce housing to the types of social infrastructure projects for which the Bank is authorized to provide loans and other financial assistance. Sections 9.3, 9.5, 11.3 and 11.7 of this bill make conforming changes to ensure the administration of loans or other financial assistance for K-12 school facilities are consistent with provisions of existing law governing other loans or financial assistance provided by the Bank.
Sections 1.7 and 15 of this bill require the Bank to keep confidential certain information which is submitted or disclosed to the Bank, except under certain circumstances. Section 10 authorizes the Board of Directors to hold a closed meeting or to close a portion of a meeting to receive, examine or consider information which the Bank is required to keep confidential. Section 16 of this bill makes a conforming change to reflect that the Board of Directors is authorized to hold such closed meetings. Sections 9, 12 and 13 of this bill make conforming changes to indicate the proper placement of sections 1.3 and 1.7 in the Nevada Revised Statutes.
Section 10: (1) provides that the State Treasurer or his or her designee serves as the Chair of the Board of Directors and removes the requirement that the Board of Directors annually elect a Chair; (2) revises the membership of the Board of Directors; and (3) prohibits a member of the Legislature from being appointed to the Board of Directors.
Sections 2 and 10 of this bill remove the Bank from the Department of Transportation and establish the Bank within the Office of the State Treasurer. Sections 3-8 of this bill make conforming changes to reflect that the Bank is no longer within the Department. Sections 11 and 14 of this bill make conforming changes relating to the staffing of the Bank.
κ2023 Statutes of Nevada, Page 2824 (CHAPTER 463, SB 10)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 408 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.7 of this act.
Sec. 1.3. K-12 school facility means buildings and related assets, in a county whose population is less than 100,000, that are used primarily for educational instruction of pupils in kindergarten or in any grades 1 to 12, inclusive, and activities that directly support instruction. The term does not include facilities that are not used for educational instruction, including, without limitation, stand-alone athletic facilities, auditoriums and administrative buildings.
Sec. 1.7. 1. Except as otherwise provided in subsections 2 and 3, the Bank shall keep confidential any information that is required to be submitted or disclosed to the Bank:
(a) In an application for a loan or other financial assistance and which has not already been made public or is not otherwise publicly available, other than:
(1) The amount of the loan or other financial assistance being sought;
(2) The name of each person in any submission or disclosure;
(3) The basis for the loan or other financial assistance being sought;
(4) The terms or proposed terms of the loan or other financial assistance being sought;
(5) Any information asserted in the submission or disclosure that is, or which the Bank asserts to be, necessary or relevant to the decision of the Bank to grant or deny the loan or other financial assistance; and
(6) The amount of the loan or other financial assistance granted; or
(b) Which the Bank is required to keep confidential pursuant to federal law.
2. The Bank shall disclose the information set forth in subsection 1:
(a) Upon the lawful order of a court of competent jurisdiction;
(b) To any person upon the request of the person who is the subject of the information;
(c) Upon the completion of the loan or other financial assistance, excluding any proprietary information; or
(d) In the course of the necessary administration of this chapter.
3. The Bank may disclose the information set forth in subsection 1 to an authorized agent of an agency of the United States Government, a state, a political subdivision of a state, a foreign government or a political subdivision of a foreign government which finances infrastructure projects.
4. A person seeking an order of a court of competent jurisdiction for the disclosure of information described in subsection 1 must submit a motion in writing to the court requesting the information. At least 10 days before submitting the motion, the person must provide notice to the Bank, the Attorney General and all persons who may be affected by the disclosure of the information.
κ2023 Statutes of Nevada, Page 2825 (CHAPTER 463, SB 10)κ
before submitting the motion, the person must provide notice to the Bank, the Attorney General and all persons who may be affected by the disclosure of the information. The notice must:
(a) Include, without limitation, a copy of the motion and all documents in support of the motion that are to be filed with the court; and
(b) Be delivered in person or by certified mail to the last known address of each person to whom notice must be provided.
5. As used in this section:
(a) Confidential business information means any information relating to the amount or source of any income, profits, losses or expenditures of a person, including, without limitation, data relating to cost or price submitted to the Bank in support of a proposal. The term does not include the amount of a bid or proposal.
(b) Proprietary information means any trade secret or confidential business information that is contained in a proposal submitted to the Bank.
Sec. 2. NRS 408.111 is hereby amended to read as follows:
408.111 1. The Department consists of a Director, three Deputy Directors, a Chief Engineer and the following:
(a) Administrative Division.
(b) Operations Division.
(c) Engineering Division.
(d) Planning Division.
[(e) Nevada State Infrastructure Bank.]
2. The head of a Division is an assistant director. Assistant directors are in the unclassified service of the State.
Sec. 3. NRS 408.116 is hereby amended to read as follows:
408.116 [Except as otherwise provided in NRS 408.55048 to 408.55088, inclusive:]
1. All legal notices, writs, service and process issued or ordered by a court of competent jurisdiction wherein the Department is named as a defendant must be personally served upon both the Director and the Chair of the Board or, in the absence of the Director and the Chair of the Board, the process must be served personally upon both the Secretary of State and one of the Deputy Directors.
2. All legal actions brought and defended by the Department must be in the name of the State of Nevada on relation of its Department.
3. This section is not a consent on the part of the Department to be sued.
Sec. 4. NRS 408.131 is hereby amended to read as follows:
408.131 [Except as otherwise provided in NRS 408.55048 to 408.55088, inclusive, the] The Board shall:
1. Consider, at its meetings, all questions relating to the general policy of the Department and transact such business as properly comes before it.
2. Receive and consider, at such time as the Board selects, an annual report by the Director.
3. Except as otherwise provided in NRS 408.203, act for the Department in all matters relating to recommendations, reports and such other matters as the Board finds advisable to submit to the Legislature.
4. Maintain a record of all proceedings of the Board.
κ2023 Statutes of Nevada, Page 2826 (CHAPTER 463, SB 10)κ
5. Execute or approve all instruments and documents in the name of the State or the Department necessary to carry out the provisions of this chapter.
6. Except as otherwise provided in NRS 408.389, delegate to the Director such authority as it deems necessary under the provisions of this chapter.
7. Act by resolution, vote or order entered in its records.
Sec. 5. NRS 408.172 is hereby amended to read as follows:
408.172 1. Subject to the approval of the Board, the Attorney General shall, immediately upon request by the Board, appoint an attorney at law as the Chief Counsel of the Department, and such assistant attorneys as are necessary. Attorneys so appointed are deputy attorneys general.
2. [Except as otherwise provided in NRS 408.55048 to 408.55088, inclusive, the] The Chief Counsel shall act as the attorney and legal adviser of the Department in all actions, proceedings, hearings and all matters relating to the Department and to the powers and duties of its officers.
3. Under the direction of or in the absence of the Chief Counsel, the assistant attorneys may perform any duty required or permitted by law to be performed by the Chief Counsel.
4. The Chief Counsel and assistant attorneys are in the unclassified service of the State.
5. [Except as otherwise provided in NRS 408.55048 to 408.55088, inclusive, all] All contracts, instruments and documents executed by the Department must be first approved and endorsed as to legality and form by the Chief Counsel.
Sec. 6. NRS 408.175 is hereby amended to read as follows:
408.175 1. The Director shall:
(a) Appoint one Deputy Director who in the absence, inability or failure of the Director has full authority to perform any duty required or permitted by law to be performed by the Director.
(b) Appoint one Deputy Director for southern Nevada whose principal office must be located in an urban area in southern Nevada.
(c) Appoint one Deputy Director with full authority to perform any duty required or allowed by law to be performed by the Director to implement, manage, oversee and enforce any environmental program of the Department.
(d) [Except as otherwise provided in NRS 408.55071, employ] Employ such engineers, engineering and technical assistants, clerks and other personnel as in the Directors judgment may be necessary to the proper conduct of the Department and to carry out the provisions of this chapter.
2. Except as otherwise provided in NRS 284.143, the Deputy Directors shall devote their entire time and attention to the business of the office and shall not pursue any other business or occupation or hold any other office of profit.
3. The Director may delegate such authority as may be necessary for the Deputy Director appointed pursuant to paragraph (b) of subsection 1 to carry out his or her duties.
Sec. 7. NRS 408.215 is hereby amended to read as follows:
408.215 1. The Director has charge of all the records of the Department, keeping records of all proceedings pertaining to the Department and keeping on file information, plans, specifications, estimates, statistics and records prepared by the Department, [except as otherwise provided in NRS 408.55048 to 408.55088, inclusive, and] except those financial statements described in NRS 408.333 and the financial or proprietary information described in paragraph (c) of subsection 6 of NRS 408.3886, which must not become matters of public record.
κ2023 Statutes of Nevada, Page 2827 (CHAPTER 463, SB 10)κ
statements described in NRS 408.333 and the financial or proprietary information described in paragraph (c) of subsection 6 of NRS 408.3886, which must not become matters of public record.
2. The Director may photograph, film, place an image of on microfilm, save as an image in an electronic recordkeeping system or dispose of the records of the Department referred to in subsection 1 as provided in NRS 239.051, 239.080 and 239.085.
3. The Director shall maintain an index or record of deeds or other references of title or interests in and to all lands or interests in land owned or acquired by the Department.
4. The Director shall adopt such regulations as may be necessary to carry out and enforce the provisions of this chapter.
Sec. 8. NRS 408.389 is hereby amended to read as follows:
408.389 1. Except as otherwise provided in subsection 2 , [and NRS 408.55048 to 408.55088, inclusive,] the Department shall not purchase any equipment which exceeds $50,000, unless the purchase is first approved by the Board.
2. Before the Board may approve the purchase of any mobile equipment which exceeds $50,000, the Department shall:
(a) Prepare and present to the Board an analysis of the costs and benefits, including, without limitation, all related personnel costs, that are associated with:
(1) Purchasing, operating and maintaining the same item of equipment;
(2) Leasing, operating and maintaining the same item of mobile equipment; or
(3) Contracting for the performance of the work which would have been performed using the mobile equipment; and
(b) Justify the need for the purchase based on that analysis.
3. The Board shall not:
(a) Delegate to the Director its authority to approve purchases of equipment pursuant to subsection 1; or
(b) Approve any purchase of mobile equipment which exceeds $50,000 and for which the Department is unable to provide justification pursuant to subsection 2.
Sec. 9. NRS 408.55048 is hereby amended to read as follows:
408.55048 As used in NRS 408.55048 to 408.55088, inclusive, and sections 1.3 and 1.7 of this act, unless the context otherwise requires, the words and terms defined in NRS 408.55049 to 408.550685, inclusive, and section 1.3 of this act, have the meanings ascribed to them in those sections.
Sec. 9.3. NRS 408.55053 is hereby amended to read as follows:
408.55053 Eligible project means the development, construction, repair, improvement, operation, maintenance, decommissioning or ownership of a transportation facility, utility infrastructure, water and wastewater infrastructure, renewable energy infrastructure, recycling and sustainability infrastructure, digital infrastructure, K-12 school facility, social infrastructure and other infrastructure related to economic development.
Sec. 9.5. NRS 408.550615 is hereby amended to read as follows:
408.550615 Other infrastructure related to economic development means infrastructure that:
1. Supports a public purpose while promoting economic development for a local, regional or state purpose; and
κ2023 Statutes of Nevada, Page 2828 (CHAPTER 463, SB 10)κ
2. Is not a transportation facility, utility infrastructure, water and wastewater infrastructure, renewable energy infrastructure, recycling and sustainability infrastructure, digital infrastructure , K-12 school facility or social infrastructure.
Sec. 9.7. NRS 408.550647 is hereby amended to read as follows:
408.550647 Social infrastructure means any infrastructure which:
1. Is used or useful for the construction, development and maintenance of facilities and systems that support social services, including, without limitation, those services related to health care, education, affordable housing, workforce housing, homelessness and food security; and
2. Augments existing services, including, without limitation, the services provided pursuant to chapters 319 and 387 of NRS.
Sec. 10. NRS 408.55069 is hereby amended to read as follows:
408.55069 1. The Nevada State Infrastructure Bank is hereby created within the [Department.] Office of the State Treasurer.
2. The purpose of the Bank is to provide loans and other financial assistance to qualified borrowers for the development, construction, repair, improvement, operation, maintenance, decommissioning and ownership of transportation facilities, utility infrastructure, water and wastewater infrastructure, renewable energy infrastructure, recycling and sustainability infrastructure, digital infrastructure, K-12 school facilities, social infrastructure and other infrastructure related to economic development as necessary for public purposes.
3. The Bank is administered by and operates under the direction of a Board of Directors consisting of:
(a) [The Director of the Department of Transportation or his or her designee;
(b)] The State Treasurer or his or her designee [;] , who shall serve as Chair of the Board of Directors;
(b) The Director of the Department of Business and Industry or his or her designee;
(c) The Executive Director of the Office of Economic Development or his or her designee;
(d) The [Director of] following members appointed by the [Department of Business and Industry or his or her designee;
(d) The Executive Director of] Majority Leader of the Senate:
(1) One member who has knowledge, skill and experience relating to the housing or the hospitality industry; and
(2) One member who represents the interests of organized labor within the building trades;
(e) The following members appointed by the [Office of Economic Development or his or her designee;
(e) The Director of the Office of Energy or his or her designee; and] Speaker of the Assembly:
(1) One member who has knowledge, skill and experience in banking; and
(2) One member who represents the interests of Native Americans, selected after consulting with Indian tribes and tribal organizations; and
κ2023 Statutes of Nevada, Page 2829 (CHAPTER 463, SB 10)κ
(f) Two [representatives of] members who represent the general public, at least one of whom must reside in a county whose population is [700,000 or more,] less than 100,000, appointed by the Governor.
4. Each member of the Board of Directors who is appointed pursuant to subsection 3 serves at the pleasure of the appointing authority. A person must not be appointed to the Board of Directors if he or she is currently serving as a Legislator.
5. A vacancy on the Board of Directors in an appointed position must be filled by the appointing authority in the same manner as the original appointment.
6. The Board of Directors shall elect annually from among its members [a Chair and] a Vice Chair.
7. [Four] Five members of the Board of Directors constitute a quorum for the transaction of business, and the affirmative vote of at least [four] five members of the Board of Directors is required to take action.
8. The members of the Board of Directors are public officers and are subject to all applicable provisions of law, including, without limitation, the provisions of chapter 281A of NRS.
9. A meeting of the Board of Directors must be conducted in accordance with the provisions of chapter 241 of NRS [.] , except that the Board of Directors may hold a closed meeting or close a portion of a meeting to receive, examine or consider information which the Bank is required to keep confidential pursuant to section 1.7 of this act.
10. Each member of the Board of Directors who is not otherwise an officer or employee of this State is entitled:
(a) To receive $100 for each full day of attending a meeting of the Board of Directors; and
(b) While engaged in the business of the Board of Directors, to receive the per diem allowance and travel expenses provided for state officers and employees generally. The per diem allowance and travel expenses provided to a member of the Board of Directors who is an officer or employee of this State or a political subdivision of this State must be paid by the state agency or political subdivision that employs him or her.
11. A member of the Board of Directors who is an officer or employee of this State or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation so that he or she may prepare for and attend meetings of the Board of Directors and perform any work necessary to carry out the duties of the Board of Directors in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Board of Directors to:
(a) Make up the time the member is absent from work to carry out his or her duties as a member of the Board of Directors; or
(b) Take annual leave or compensatory time for the absence.
Sec. 11. NRS 408.55071 is hereby amended to read as follows:
408.55071 1. The Board of Directors may:
(a) Make, and from time to time amend and repeal, bylaws not inconsistent with NRS 408.55048 to 408.55088, inclusive, and sections 1.3 and 1.7 of this act, to carry into effect the powers and purposes of NRS 408.55048 to 408.55088, inclusive [.] , and sections 1.3 and 1.7 of this act.
κ2023 Statutes of Nevada, Page 2830 (CHAPTER 463, SB 10)κ
(b) Sue and be sued in the name of the Bank.
(c) Have a seal and alter the same at the pleasure of the Board of Directors, but the failure to affix the seal does not affect the validity of an instrument executed on behalf of the Bank.
(d) Make loans to qualified borrowers to finance all or part of the eligible costs of a qualified project.
(e) Provide qualified borrowers with other financial assistance necessary to defray all or part of the eligible costs of a qualified project.
(f) Acquire, hold and sell loan obligations at such prices and in such a manner as the Board of Directors deems advisable.
(g) Enter into contracts, arrangements and agreements with qualified borrowers and other persons and execute and deliver all financing agreements and other instruments necessary or convenient to carry out the powers and duties of the Board of Directors.
(h) Enter into agreements with a department, agency or instrumentality of the United States or governmental unit of this State or another state for the purpose of providing for the financing of qualified projects.
(i) Establish:
(1) Policies and procedures to govern the selection of qualified projects and the issuance and administration of loans and other financial assistance provided by the Bank; and
(2) Fiscal controls and accounting procedures to ensure proper accounting and reporting by the Bank and qualified borrowers.
(j) Acquire, by purchase, lease, donation or other lawful means, real or personal property and any interest therein.
(k) Sell, convey, pledge, lease, exchange, transfer and dispose of all or any part of the property and assets of the Bank.
(l) Procure insurance, guarantees, letters of credit and other forms of collateral or security or credit support for the payment of bonds or other securities issued by the Bank and the payment of premiums or fees on such insurance, guarantees, letters of credit and other forms of collateral or security or credit support.
(m) Collect or authorize the trustee under any trust indenture that secures any bonds or other securities issued by the Bank to collect amounts due from a qualified borrower under any loan obligation owned by the Bank, including, without limitation, taking any lawful action required to obtain payment of any sums in default.
(n) Unless restricted by the terms of an agreement with the holders of bonds or other securities issued by the Bank, consent to any modification of the terms of any loan obligations owned by the Bank, including, without limitation, the rate of interest, period of repayment and payment of any installment of principal or interest.
(o) Borrow money through the issuance of bonds and other securities as provided in NRS 408.55048 to 408.55088, inclusive [.] , and sections 1.3 and 1.7 of this act.
(p) Incur expenses to obtain accounting, management, legal or financial consulting and other professional services necessary to the operations of the Bank.
κ2023 Statutes of Nevada, Page 2831 (CHAPTER 463, SB 10)κ
(q) To the extent that money is available from public or private sources of administrative costs, pay any costs incurred for the administration of the operations of the Bank.
(r) Establish advisory committees, which may include persons from the private sector with civil engineering, banking and financial expertise.
(s) Procure insurance against losses in connection with the Banks property, assets or activities, including, without limitation, insurance against liability for any act of the Bank or its employees or agents, or establish cash reserves to enable the Bank to act as a self-insurer against such losses.
(t) Impose and collect fees and charges in connection with the activities of the Bank.
(u) Apply for, receive and accept from any source aid grants or contributions of money, property, labor or other things of value to be used to carry out the statutory purposes and powers of the Bank.
(v) Enter into contracts, arrangements or agreements for the servicing and processing of financial agreements.
(w) Accept and hold, with payment of interest, money deposited with the Bank.
(x) Request technical advice, support and assistance [from the divisions of the Department.] pursuant to NRS 408.55088.
(y) Do all other things necessary or convenient to exercise any power granted or reasonably implied by NRS 408.55048 to 408.55088, inclusive [.] , and sections 1.3 and 1.7 of this act.
2. Except as otherwise provided in NRS 408.55048 to 408.55088, inclusive, and sections 1.3 and 1.7 of this act, the Bank may exercise any fiscal power granted to the Bank in NRS 408.55048 to 408.55088, inclusive, and sections 1.3 and 1.7 of this act without the review or approval of any other department, division or agency of the State or any political subdivision thereof, except for the Board of Directors.
3. In exercising the powers and performing the functions set forth in NRS 408.55048 to 408.55088, inclusive, and sections 1.3 and 1.7 of this act, the members of the Board of Directors:
(a) Must act in a commercially reasonable manner and in the interests of this State. For the purposes of this paragraph, the interests of this State include, without limitation, the public welfare and economy of this State and the long-term and short-term interests of this State.
(b) May, unless a member of the Board of Directors has knowledge concerning a matter in question that would cause reliance thereon to be unwarranted, rely on information, opinions, reports, books of account or statements, including, without limitation, financial statements and other financial data, that are prepared or presented by:
(1) One or more members of the Board of Directors or officers or employees of the Bank reasonably believed to be reliable and competent in the matters prepared or presented;
(2) Counsel, public accountants, financial advisers, valuation advisers, investment bankers, engineers, architects or other persons as to matters reasonably believed to be within the professional or expert competence of the preparer or presenter; or
(3) A committee on which the director or officer relying thereon does not serve, as to matters within the designated authority of the committee and matters on which the committee is reasonably believed to merit confidence.
κ2023 Statutes of Nevada, Page 2832 (CHAPTER 463, SB 10)κ
4. This section does not authorize the Bank to be or conduct business as a:
(a) Bank or trust company within the jurisdiction of chapters 657 to 671, inclusive, of NRS or under the control of an agency of the United States or this State; or
(b) Bank, banker or dealer in securities within the meaning of, or subject to the provisions of, any securities, securities exchange or securities dealers laws of the United States or of this State.
5. The Bank must, before accepting a deposit from any person or governmental unit, provide a notice to the depositor stating that the deposit is not insured by the Federal Deposit Insurance Corporation.
6. The provisions of titles 55 and 57 of NRS do not apply to the Bank.
Sec. 11.3. NRS 408.55073 is hereby amended to read as follows:
408.55073 1. The Nevada State Infrastructure Bank Fund is hereby created as an enterprise fund. The Fund is a continuing fund without reversion.
2. The Fund is administered by the Board of Directors.
3. The Board of Directors may establish accounts and subaccounts within the Fund and shall ensure that accounting for the Fund is performed in accordance with all applicable laws and regulations governing the use of funds.
4. Except as otherwise provided in subsection 7, all money received by the Bank pursuant to NRS 408.55048 to 408.55088, inclusive, and sections 1.3 and 1.7 of this act must be deposited in the Fund.
5. The Bank may accept for deposit into the Fund:
(a) Any money appropriated by the Legislature or authorized for allocation by the Interim Finance Committee;
(b) Federal funds made available to the State;
(c) Gifts, grants, donations and contributions from a governmental unit, private entity or any other source;
(d) Any money paid or credited to the Bank, by contract or otherwise, including, without limitation:
(1) Payment of principal and interest on a loan or other financial assistance provided to a qualified borrower by the Bank; and
(2) Interest earned from the investment or reinvestment of the Banks money pursuant to NRS 408.55076;
(e) Proceeds from the issuance of bonds or other securities pursuant to NRS 408.55071; and
(f) Any other lawful source of money that is made available to the Bank and is not already dedicated for another purpose.
6. The Bank shall comply with all applicable federal laws governing the use of federal funds, including, without limitation, statutes and regulations governing:
(a) Any conditions or limitations on expenditures;
(b) Reporting; and
(c) The commingling of federal funds.
7. Earnings on balances in any federal accounts must be credited and invested in accordance with federal law. Earnings on any state and local accounts must be deposited in the Fund to the credit of the account that generates the earnings.
κ2023 Statutes of Nevada, Page 2833 (CHAPTER 463, SB 10)κ
8. Money in the Fund may be used only:
(a) For the capitalization of the Bank; and
(b) To carry out the statutory purposes and powers of the Bank.
9. A local government may use money from any source that is made available to the local government for the purposes of developing, constructing, repairing, improving, operating, maintaining, decommissioning or owning a transportation facility, utility infrastructure, water and wastewater infrastructure, renewable energy infrastructure, recycling and sustainability infrastructure, digital infrastructure, K-12 school facility, social infrastructure or other infrastructure related to economic development or for any other purpose set forth in NRS 408.55048 to 408.55088, inclusive, and sections 1.3 and 1.7 of this act to make a gift, grant, donation or contribution to the Bank or to satisfy any obligation owed by the local government to the Bank, including, without limitation, payments of principal and interest.
Sec. 11.5. NRS 408.55074 is hereby amended to read as follows:
408.55074 1. A qualified borrower that wishes to obtain a loan or other financial assistance from the Bank to develop, construct, repair, improve, operate, maintain, decommission or own an eligible project must apply to the Bank in the manner prescribed by the Bank.
2. The Executive Director shall:
(a) Review each application and determine whether the application is for an eligible project; and
(b) At the request of the Board of Directors, submit information to the Board of Directors concerning any eligible project.
3. The Board of Directors shall, from time to time, designate qualified projects from among the eligible projects. The Board of Directors may give preference to an eligible project that has demonstrated local financial support.
4. The Bank may provide a loan and other financial assistance to a qualified borrower to pay for all or part of the eligible costs of a qualified project. The term of the loan or other financial assistance may not exceed the anticipated useful life of the qualified project. A loan or other financial assistance may be provided in anticipation of reimbursement for or direct payment of all or part of the eligible costs of a qualified project. For purposes of this subsection, the anticipated useful life of a K-12 school facility must not be deemed to be longer than 50 years.
5. The Bank shall determine the form and content of a loan application, financing agreement or loan obligation, including, without limitation:
(a) The period for repayment and the rate or rates of interest on a loan; and
(b) Any nonfinancial provisions included in a financing statement or loan obligation, including, without limitation, terms and conditions relating to the regulation and supervision of a qualified project.
Κ Such form and content must substantially conform with the documents typically used for such transactions.
6. The terms and conditions set forth in a financing agreement or loan obligation for a loan or other financial assistance provided by the Bank using money from a federal account must comply with all applicable federal requirements.
κ2023 Statutes of Nevada, Page 2834 (CHAPTER 463, SB 10)κ
7. If a loan is made to a school district, the Bank may fix the rate of interest of the loan at 0 percent if the school district demonstrates to the Board of Directors that the school district has financial constraints that would not allow the school district to repay a loan with a rate of interest fixed according to the standards otherwise used by the Bank.
Sec. 11.7. NRS 408.55079 is hereby amended to read as follows:
408.55079 1. Except as otherwise provided in this section, if a qualified borrower that has obtained a loan or other financial assistance from the Bank fails to remit in full any amount due to the Bank on the date on which the amount is due under the terms of any note or other loan obligation given to the Bank by the qualified borrower, the Bank shall notify the appropriate state agencies or officers, including, without limitation, the State Controller, who shall withhold all or a portion of any state money or other money administered by the State and its agencies, boards and instrumentalities that is allotted or appropriated to the qualified borrower and apply an amount necessary to the payment of the amount due.
2. This section does not authorize the State or an agency, board or instrumentality thereof, or the State Controller, to withhold any money allocated or appropriated to a qualified borrower if to do so would violate the terms of:
(a) An appropriation by the Legislature;
(b) Any federal law;
(c) A contract to which the State is a party;
(d) A contract to which a governmental unit or qualified borrower is a party; [or]
(e) A judgment of a court that is binding upon the State [.] ; or
(f) The provisions of NRS 387.121 to 387.12468, inclusive, governing apportionments and allowances from the State Education Fund.
Sec. 12. NRS 408.55081 is hereby amended to read as follows:
408.55081 The Board of Directors and any member thereof, and any officer, employee, agent or committee member of the Bank is not liable in a civil action for any act performed on behalf of the Bank in good faith and within the scope of their duties or the exercise of their authority pursuant to NRS 408.55048 to 408.55088, inclusive [.] , and sections 1.3 and 1.7 of this act.
Sec. 13. NRS 408.55086 is hereby amended to read as follows:
408.55086 1. To the extent possible, the provisions of NRS 408.55048 to 408.55088, inclusive, and sections 1.3 and 1.7 of this act are intended to supplement other statutory provisions governing the development, construction, repair, improvement, maintenance, decommissioning, operation and ownership of transportation facilities, utility infrastructure, water and wastewater infrastructure, renewable energy infrastructure, recycling and sustainability infrastructure, digital infrastructure, K-12 school facilities, social infrastructure or other infrastructure related to economic development and the issuance of bonds and other securities by this State or a political subdivision thereof, and such other provisions must be given effect to the extent that those provisions do not conflict with the provisions of NRS 408.55048 to 408.55088, inclusive [.] , and sections 1.3 and 1.7 of this act. If there is a conflict between such
κ2023 Statutes of Nevada, Page 2835 (CHAPTER 463, SB 10)κ
other provisions and the provisions of NRS 408.55048 to 408.55088, inclusive, and sections 1.3 and 1.7 of this act, the provisions of NRS 408.55048 to 408.55088, inclusive, and section 1.3 and 1.7 of this act control.
2. The provisions of NRS 338.013 to 338.090, inclusive, apply to any contract for construction work on a qualified project if all or part of the costs of the qualified project are paid for using a loan or other financial assistance from the Bank. The Bank, the qualified borrower, any contractor who is awarded a contract or enters into an agreement to perform construction work on the qualified project, and any subcontractor who performs any portion of the construction work shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if a public body had undertaken the qualified project or had awarded the contract.
Sec. 14. NRS 408.55088 is hereby amended to read as follows:
408.55088 Any division of the Department of Transportation, the Department of Business and Industry, the Office of Economic Development, the State Department of Conservation and Natural Resources, [the Office of the State Treasurer,] the Office of Energy or any other governmental unit may, to the extent that money is available for that purpose, provide technical advice, support and assistance to the Bank [.] , including, without limitation, the Board of Directors.
Sec. 15. 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.
κ2023 Statutes of Nevada, Page 2836 (CHAPTER 463, SB 10)κ
353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2671, 630.2672, 630.2673, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 633.301, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 635.111, 635.158, 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 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.
κ2023 Statutes of Nevada, Page 2837 (CHAPTER 463, SB 10)κ
Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.
4. If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic medium. Nothing in this subsection requires a governmental entity to provide a copy of a public record in an electronic format or by means of an electronic medium if:
(a) The public record:
(1) Was not created or prepared in an electronic format; and
(2) Is not available in an electronic format; or
(b) Providing the public record in an electronic format or by means of an electronic medium would:
(1) Give access to proprietary software; or
(2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.
5. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
Sec. 16. NRS 241.016 is hereby amended to read as follows:
241.016 1. The meetings of a public body that are quasi-judicial in nature are subject to the provisions of this chapter.
2. The following are exempt from the requirements of this chapter:
(a) The Legislature of the State of Nevada.
(b) Judicial proceedings, including, without limitation, proceedings before the Commission on Judicial Selection and, except as otherwise provided in NRS 1.4687, the Commission on Judicial Discipline.
κ2023 Statutes of Nevada, Page 2838 (CHAPTER 463, SB 10)κ
(c) Meetings of the State Board of Parole Commissioners when acting to grant, deny, continue or revoke the parole of a prisoner or to establish or modify the terms of the parole of a prisoner.
3. Any provision of law, including, without limitation, NRS 91.270, 219A.210, 228.495, 239C.140, 239C.420, 241.028, 281A.350, 281A.690, 281A.735, 281A.760, 284.3629, 286.150, 287.0415, 287.04345, 287.338, 288.220, 288.590, 289.387, 295.121, 315.98425, 360.247, 388.261, 388.385, 388A.495, 388C.150, 388D.355, 388G.710, 388G.730, 392.147, 392.466, 392.467, 392.4671, 394.1699, 396.1415, 396.3295, 408.55069, 414.270, 422.405, 433.534, 435.610, 442.774, 463.110, 480.545, 622.320, 622.340, 630.311, 630.336, 631.3635, 639.050, 642.518, 642.557, 686B.170, 696B.550, 703.196 and 706.1725, which:
(a) Provides that any meeting, hearing or other proceeding is not subject to the provisions of this chapter; or
(b) Otherwise authorizes or requires a closed meeting, hearing or proceeding,
Κ prevails over the general provisions of this chapter.
4. The exceptions provided to this chapter, and electronic communication, must not be used to circumvent the spirit or letter of this chapter to deliberate or act, outside of an open and public meeting, upon a matter over which the public body has supervision, control, jurisdiction or advisory powers.
Sec. 16.5. (Deleted by amendment.)
Sec. 16.7. The terms of the members of the Board of Directors of the Nevada State Infrastructure Bank who were appointed pursuant to paragraph (f) of subsection 3 of NRS 408.55069, as that section existed before July 1, 2023, expire on June 30, 2023. Those members may be appointed to the Board of Directors of the Nevada State Infrastructure Bank pursuant to NRS 408.55069, as amended by section 10 of this act, to a position on the Board of Directors for which that person satisfies the qualifications for appointment.
Sec. 17. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 2839κ
Senate Bill No. 294Senators Donate; Flores, D. Harris and Scheible
Joint Sponsor: Assemblywoman Bilbray-Axelrod
CHAPTER 464
[Approved: June 14, 2023]
AN ACT relating to firearms; requiring a licensed dealer to provide a locking device capable of securing a firearm with each sale or transfer of a firearm; requiring a licensed gun dealer to post a notice on the premises which informs a buyer that the unlawful storage of a firearm may result in imprisonment or a fine; requiring the board of trustees of each school district and the governing body of each charter school to include certain provisions related to active assailants in a plan for responding to a crisis, emergency or suicide; requiring certain school police officers to receive training in active assailant movement techniques; requiring the Department of Health and Human Services to develop and implement a safe firearm storage education campaign; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law: (1) prohibits a person from aiding or knowingly permitting a child to handle, possess or control a firearm under certain circumstances; (2) provides that a person does not aid or knowingly permit a child to violate such existing law if the firearm was stored in a securely locked container or at a location which a reasonable person would have believed to be secure; and (3) makes it a misdemeanor to negligently store or leave a firearm at a location under his or her control, if a person knows or has reason to know that there is a substantial risk that a child, who is otherwise prohibited from handling, possessing or controlling a firearm, may obtain such a firearm. (NRS 202.300)
Section 4 of this bill requires a licensed dealer to: (1) provide with each firearm sold or otherwise transferred a locking device capable of securing the firearm; and (2) post in a conspicuous location on its premises a notice which informs a buyer that the negligent storage of a firearm may result in imprisonment or a fine. A licensed dealer who violates a requirement of section 4 is guilty of a misdemeanor punishable by a fine of not more than $500. Section 5 of this bill makes a conforming change to indicate the proper placement of section 4 in the Nevada Revised Statutes.
Existing law requires the board of trustees of each school district and the governing body of each charter school to establish a development committee to develop a plan to be used by the schools in the district or the charter school in responding to a crisis, emergency or suicide. Such a committee, under existing law, is required to develop a plan which constitutes the minimum requirements of a plan for a school to use. (NRS 388.241, 388.243)
Section 9.1 of this bill requires such a plan to include, if the school district has school police officers, a plan to coordinate with local law enforcement agencies to train school police officers in active assailant movement techniques. Section 9.1 additionally requires the plan to include a plan to: (1) coordinate with local law enforcement agencies or public safety organizations to provide active assailant trainings to employees of a school; (2) provide certain support to pupils and members
κ2023 Statutes of Nevada, Page 2840 (CHAPTER 464, SB 294)κ
of the faculty and staff who have experienced a crisis or emergency; (3) ensure that members of the faculty and staff and a pupils parents or legal guardians are notified of the occurrence, development and conclusion of a crisis or an emergency through any communication method established by a school; and (4) inform a pupils parent or legal guardian of any state requirement related to the storage of firearms.
Existing law authorizes: (1) the board of trustees of a school district to employ, appoint or contract for the provision of school police officers; and (2) the governing body of a charter school to contract with the board of trustees of the school district in which the charter school is located to provide school police officers. (NRS 388A.384, 391.281) Sections 9.2 and 9.3 of this bill require school police officers to receive training in active assailant movement techniques before beginning their service as a school police officer. Section 9.1 defines the terms active assailant movement techniques and active assailant training for the purpose of sections 9.1-9.3.
Existing law creates within the Department of Health and Human Services a Statewide Program for Suicide Prevention and requires the Coordinator of the Program to develop and maintain an Internet or network site with links to certain resources for suicide prevention. (NRS 439.511) Section 10 of this bill requires the Program, in consultation with the Department and to the extent that money is available, to develop and implement a safe firearm storage education campaign to inform and educate certain persons about certain information relating to the safe storage of firearms. Section 10 authorizes the Program to: (1) develop and provide to local law enforcement agencies and health care providers certain materials relating to the safe storage of firearms; (2) provide owners of firearms with information relating to the cost of purchasing locking devices, gun safes or other secure storage containers for firearms; and (3) use any advertising medium or form of messaging deemed appropriate by the Department in furtherance of the goals of the education campaign. Under section 10, the Department of Health and Human Services is required to post on the Internet or network site certain information about community programs that allow owners of firearms to voluntarily and temporarily store a firearm at certain secure locations outside of their homes.
Section 11 of this bill further requires the Coordinator to post on the Internet or network site information relating to: (1) the crime of negligent storage of a firearm; (2) the penalties for such an offense; and (3) the requirement that a licensed dealer provide a locking device with each firearm transferred. Section 11 also requires the Coordinator to develop and provide to certain persons an informational pamphlet which includes certain information about the offense of negligent storage of a firearm.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 202 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Secs. 2 and 3. (Deleted by amendment.)
Sec. 4. 1. Every licensed dealer shall:
(a) Provide with each firearm sold or otherwise transferred a locking device capable of securing the firearm; and
(b) Post in a conspicuous location on its premises and at any other location at which the dealer sells a firearm a sign which is not less than 8.5 inches wide by 11 inches high and which contains, in at least 24-point boldface type, the following:
κ2023 Statutes of Nevada, Page 2841 (CHAPTER 464, SB 294)κ
NOTICE
Negligent storage of a firearm may result in imprisonment or fine.
2. A licensed dealer who violates any provision of subsection 1 is guilty of a misdemeanor and shall be punished by a fine of not more than $500.
3. The provisions of this section do not apply to an antique firearm or a firearm that has been determined to be a curio or relic pursuant to 18 U.S.C. Chapter 44.
4. As used in this section:
(a) Licensed dealer has the meaning ascribed to it in NRS 202.2546.
(b) Locking device means a device which prohibits the operation or discharge of a firearm and which can only be disabled with the use of a key, a combination, biometric data or other similar means.
Sec. 5. NRS 202.253 is hereby amended to read as follows:
202.253 As used in NRS 202.253 to 202.369, inclusive [:] , and section 4 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.
Secs. 6-9. (Deleted by amendment.)
Sec. 9.1. NRS 388.243 is hereby amended to read as follows:
388.243 1. Each emergency operations plan development committee established by the board of trustees of a school district shall develop one plan, which constitutes the minimum requirements of a plan, to be used by all the public schools other than the charter schools in the school district in responding to a crisis, emergency or suicide and all other hazards.
κ2023 Statutes of Nevada, Page 2842 (CHAPTER 464, SB 294)κ
all the public schools other than the charter schools in the school district in responding to a crisis, emergency or suicide and all other hazards. Each emergency operations plan development committee established by the governing body of a charter school shall develop a plan, which constitutes the minimum requirements of a plan, to be used by the charter school in responding to a crisis, emergency or suicide and all other hazards. Each emergency operations plan development committee shall, when developing the plan:
(a) Consult with local social service agencies and local public safety agencies in the county in which its school district or charter school is located.
(b) If the school district has an emergency manager designated pursuant to NRS 388.262, consult with the emergency manager.
(c) If the school district has school resource officers, consult with the school resource officer or a person designated by him or her.
(d) If the school district has school police officers, consult with the chief of school police of the school district or a person designated by him or her.
(e) Consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Office of the Military or his or her designee.
(f) Consult with the State Fire Marshal or his or her designee and a representative of a local government responsible for enforcement of the ordinances, codes or other regulations governing fire safety.
(g) Determine which persons and organizations in the community, including, without limitation, a provider of mental health services which is operated by a state or local agency, that could be made available to assist pupils and staff in recovering from a crisis, emergency or suicide.
2. The plan developed pursuant to subsection 1 must include, without limitation:
(a) The plans, procedures and information included in the model plan developed by the Department pursuant to NRS 388.253;
(b) A procedure for responding to a crisis or an emergency and for responding during the period after a crisis or an emergency has concluded, including, without limitation, a crisis or an emergency that results in immediate physical harm to a pupil or employee of a school in the school district or the charter school;
(c) A procedure for enforcing discipline within a school in the school district or the charter school and for obtaining and maintaining a safe and orderly environment during a crisis or an emergency;
(d) The names of persons and organizations in the community, including, without limitation, a provider of mental health services which is operated by a state or local agency, that are available to provide counseling and other services to pupils and staff of the school to assist them in recovering from a crisis, emergency or suicide;
(e) A plan for making the persons and organizations described in paragraph (d) available to pupils and staff after a crisis, emergency or suicide;
κ2023 Statutes of Nevada, Page 2843 (CHAPTER 464, SB 294)κ
(f) A procedure for responding to a crisis or an emergency that occurs during an extracurricular activity which takes place on school grounds;
(g) A plan which includes strategies to assist pupils and staff at a school in recovering from a suicide; [and]
(h) A description of the organizational structure which ensures there is a clearly defined hierarchy of authority and responsibility used by the school for the purpose of responding to a crisis, emergency or suicide [.] ;
(i) If the school district has school police officers, a plan to coordinate with local law enforcement agencies to train school police officers in active assailant movement techniques;
(j) A plan to coordinate with local law enforcement agencies or public safety organizations to provide active assailant trainings to each employee of the school;
(k) A plan to provide support to:
(1) Pupils who have experienced a crisis or emergency by using trauma-informed and age-appropriate resources; and
(2) Members of the faculty and staff who have experienced a crisis or emergency by using trauma-informed resources;
(l) A plan to ensure that members of the faculty and staff and a pupils parents or legal guardians are notified of the occurrence, development and conclusion of a crisis or an emergency through any communication method established by a school, including, without limitation, communicating through text message or electronic mail; and
(m) A plan to inform, at least twice each academic year, a pupils parent or legal guardian of any state requirement related to the storage of firearms, including, without limitation, the crimes and penalties described in subsection 5 of NRS 202.300 and section 4 of this act.
3. Each emergency operations plan development committee shall provide for review a copy of the plan that it develops pursuant to this section to the board of trustees of the school district that established the committee or the governing body of the charter school that established the committee.
4. The board of trustees of the school district that established the committee or the governing body of the charter school that established the committee shall submit for review to the Division of Emergency Management of the Office of the Military the plan developed pursuant to this section.
5. Except as otherwise provided in NRS 388.249 and 388.251, each public school must comply with the plan developed for it pursuant to this section.
6. As used in this section:
(a) Active assailant movement techniques means any training in the technical and tactical skills necessary for school police officers to respond to a crisis or emergency concerning an active assailant.
(b) Active assailant training means any training in responding to a crisis or emergency concerning an active assailant that is necessary to evacuate or secure the school.
Sec. 9.2. NRS 388A.384 is hereby amended to read as follows:
388A.384 1. If the governing body of a charter school makes a request to the board of trustees of the school district in which the charter school is located for the provision of school police officers pursuant to NRS 388A.378, the board of trustees of the school district must enter into a contract with the governing body for that purpose.
κ2023 Statutes of Nevada, Page 2844 (CHAPTER 464, SB 294)κ
NRS 388A.378, the board of trustees of the school district must enter into a contract with the governing body for that purpose. Such a contract must provide for payment by the charter school for the provision of school police officers by the school district which must be in an amount not to exceed the actual cost to the school district of providing the officers, including, without limitation, any other costs associated with providing the officers. If the school district is the sponsor of the charter school, the contract entered into pursuant to this section must be separate from any other contract or agreement with the sponsor.
2. Any contract for the provision of school police officers pursuant to this section must be entered into between the governing body of the charter school and the board of trustees of the school district by not later than March 15 for the next school year and must provide for the provision of school police officers for not less than 3 school years.
3. A school district that enters into a contract pursuant to this section with a charter school for the provision of school police officers is immune from civil and criminal liability for any act or omission of a school police officer that provides services to the charter school pursuant to the contract.
4. The governing body of a charter school shall ensure that each school police officer receives training in active assailant movement techniques before beginning his or her service as a school police officer.
5. As used in this section, active assailant movement techniques has the meaning ascribed to it in NRS 388.243.
Sec. 9.3. 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.
(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 obtained from the Statewide Central Registry or an equivalent registry maintained by a governmental agency in another jurisdiction:
κ2023 Statutes of Nevada, Page 2845 (CHAPTER 464, SB 294)κ
(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.
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.
κ2023 Statutes of Nevada, Page 2846 (CHAPTER 464, SB 294)κ
8. The board of trustees of a school district shall ensure that each school police officer receives training in [the] :
(a) The prevention of suicide ; and
(b) Active assailant movement techniques,
Κ before beginning his or her service as a school police officer.
9. As used in this section, active assailant movement techniques has the meaning ascribed to it in NRS 388.243.
Sec. 10. Chapter 439 of NRS is hereby amended by adding thereto a new section to read as follows:
1. To the extent that money is available, and in consultation with the Department, the Statewide Program for Suicide Prevention shall develop and implement a safe firearm storage education campaign to inform and educate purchasers of firearms, licensed dealers, shooting ranges and safety instructors about the safe storage of firearms and state requirements related to the safe storage of firearms.
2. As part of the education campaign, the Statewide Program for Suicide Prevention may:
(a) Develop and provide materials to local law enforcement agencies and health care providers to assist with educating the public about the safe storage of firearms and state requirements related to the storage of firearms;
(b) Provide information to owners of firearms about programs that assist with the cost of purchasing locking devices for firearms, gun safes or other secure storage containers for firearms, including, without limitation, programs that provide free or reduced-price locking devices; and
(c) In furtherance of the goals of the education campaign, use any publishing, radio or other advertising medium or any other form of messaging deemed appropriate by the Department.
3. The Department shall provide information on the Internet or network site developed pursuant to paragraph (i) of subsection 3 of NRS 439.511, information about community programs that allow owners of firearms to voluntarily and temporarily store a firearm at a secure location outside of the home, including, without limitation, a licensed dealer, gun range or law enforcement agency.
4. The Department may provide assistance to any local entity that facilitates a program described in subsection 3.
5. The Department may accept gifts, grants and donations from any source for the purpose of carrying out the provisions of this section.
Sec. 11. NRS 439.511 is hereby amended to read as follows:
439.511 1. There is hereby created within the Department a Statewide Program for Suicide Prevention. The Department shall implement the Statewide Program for Suicide Prevention, which must, without limitation:
(a) Create public awareness for issues relating to suicide prevention;
(b) Build community networks; and
(c) Carry out training programs for suicide prevention for law enforcement personnel, providers of health care, school employees, family members of veterans, members of the military and other persons at risk of suicide and other persons who have contact with persons at risk of suicide.
κ2023 Statutes of Nevada, Page 2847 (CHAPTER 464, SB 294)κ
2. The Director shall employ a Coordinator of the Statewide Program for Suicide Prevention. The Coordinator:
(a) Must have at least the following education and experience:
(1) A bachelors degree in social work, psychology, sociology, counseling or a closely related field and 5 years or more of work experience in behavioral health or a closely related field; or
(2) A masters degree or a doctoral degree in social work, psychology, sociology, counseling, public health or a closely related field and 2 years or more of work experience in behavioral health or a closely related field.
(b) Should have as many of the following characteristics as possible:
(1) Significant professional experience in social services, mental health or a closely related field;
(2) Knowledge of group behavior and dynamics, methods of facilitation, community development, behavioral health treatment and prevention programs, and community-based behavioral health problems;
(3) Experience in working with diverse community groups and constituents; and
(4) Experience in writing grants and technical reports.
3. The Coordinator shall:
(a) Provide educational activities to the general public relating to suicide prevention;
(b) Provide training to persons who, as part of their usual routine, have face-to-face contact with persons who may be at risk of suicide, including, without limitation, training to recognize persons at risk of suicide and providing information on how to refer those persons for treatment or supporting services, as appropriate;
(c) To the extent that money is available for this purpose, provide training to family members of veterans, members of the military and other persons at risk of suicide, including, without limitation, training in recognizing and productively interacting with persons at risk of suicide and the manner in which to refer those persons to persons professionally trained in suicide intervention and prevention;
(d) Develop and carry out public awareness and media campaigns in each county targeting groups of persons who are at risk of suicide;
(e) Enhance crisis services relating to suicide prevention;
(f) Link persons trained in the assessment of and intervention in suicide with schools, public community centers, nursing homes and other facilities serving persons most at risk of suicide;
(g) Coordinate the establishment of local advisory groups in each county to support the efforts of the Statewide Program;
(h) Work with groups advocating suicide prevention, community coalitions, managers of existing crisis hotlines that are nationally accredited or certified, and staff members of mental health agencies in this State to identify and address the barriers that interfere with providing services to groups of persons who are at risk of suicide, including, without limitation, elderly persons, Native Americans, youths and residents of rural communities;
(i) Develop and maintain an Internet or network site with links to appropriate resource documents, suicide hotlines that are nationally accredited or certified, licensed professional personnel, state and local mental health agencies and appropriate national organizations;
κ2023 Statutes of Nevada, Page 2848 (CHAPTER 464, SB 294)κ
(j) Post on the Internet or network site developed and maintained pursuant to paragraph (i) any applicable law relating to the negligent storage of a firearm, including, without limitation, the crimes and penalties described in subsection 5 of NRS 202.300 and section 4 of this act;
(k) Review current research on data collection for factors related to suicide and develop recommendations for improved systems of surveillance and uniform collection of data;
[(k)] (l) Develop and submit proposals for funding from agencies of the Federal Government and nongovernmental organizations; [and
(l)] (m) Oversee and provide technical assistance to each person employed to act as a trainer for suicide prevention pursuant to NRS 439.513 [.] ; and
(n) Develop and provide to licensed dealers, shooting ranges, safety instructors and health care providers an information pamphlet which includes information about any applicable law relating to the negligent storage of a firearm, including, without limitation, subsection 5 of NRS 202.300 and section 4 of this act.
4. As used in this section:
(a) Internet or network site means any identifiable site on the Internet or on a network and includes, without limitation:
(1) A website or other similar site on the World Wide Web;
(2) A site that is identifiable through a Uniform Resource Locator; and
(3) A site on a network that is owned, operated, administered or controlled by a provider of Internet service.
(b) Systems of surveillance means systems pursuant to which the health conditions of the general public are regularly monitored through systematic collection, evaluation and reporting of measurable information to identify and understand trends relating to suicide.
Sec. 12. (Deleted by amendment.)
Sec. 13. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 2849κ
Assembly Bill No. 452Committee on Judiciary
CHAPTER 465
[Approved: June 14, 2023]
AN ACT relating to offenders; requiring the Director of the Department of Corrections to adopt regulations establishing and governing a program for the visitation of offenders; requiring a warden or manager to provide certain notice regarding the cancellation of visitation; establishing the Office of the Ombudsperson for Offenders; establishing the powers and duties of the Ombudsperson; providing that an offender has the right to receive visitors in person; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the warden or manager of a correctional institution or facility to allow visits and correspondence between offenders and appropriate friends, relatives and others. (NRS 209.423) Section 2 of this bill requires the Director of the Department of Corrections, with the approval of the Board of State Prison Commissioners, to adopt regulations establishing and governing a program for the visitation of offenders. Section 2 requires such regulations to prescribe requirements relating to the visitation of offenders, which must: (1) allow offenders to receive visitors in person, regardless of whether visitation by means of electronic communication is made available; (2) allow visitation by means of electronic communication, provided that such visitation is in addition to and not in lieu of in-person visitation; (3) prescribe a procedure for a prospective visitor or visitor to appeal a decision of a warden or manager to deny or suspend visiting privileges; and (4) prescribe requirements relating to cancelled visits. Section 4 of this bill provides that an offender has the right to receive visitors in person in accordance with the regulations adopted pursuant to section 2. Section 4 also requires a warden or manager to provide notice of any cancelled visit in accordance with the regulations adopted pursuant to section 2.
Section 2.5 of this bill establishes the Office of the Ombudsperson for Offenders within the Department to promote and protect the health, safety and welfare of offenders and prepare offenders for successful reentry into communities upon release. Section 2.5 requires the Office to be impartial and operationally independent of the Department. Section 2.5 also: (1) requires the Board to appoint the Ombudsperson; and (2) authorizes the Board to enter into a contract with a person to serve as Ombudsperson. Finally, section 2.5 sets forth the powers and duties of the Ombudsperson.
Section 5.3 of this bill makes an appropriation to the Department for the cost of contract services for the Office of the Ombudsperson for Offenders.
κ2023 Statutes of Nevada, Page 2850 (CHAPTER 465, AB 452)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, 2.5 and 3 of this act.
Sec. 2. The Director shall adopt, with the approval of the Board, regulations establishing and governing a program, to be carried out within each facility and institution, for the visitation of offenders. The regulations must prescribe:
1. Requirements relating to the visitation of offenders, which must:
(a) Allow offenders to receive visitors in person, regardless of whether visitation by means of electronic communication is made available; and
(b) Allow visitation by means of electronic communication, provided that such visitation is in addition to and not in lieu of in-person visitation.
2. Requirements relating to the cancellation of visitation, which must, without limitation, prescribe:
(a) The frequency with which an institution or facility may cancel visitation for all offenders in the institution or facility; and
(b) Requirements relating to the notice which must be provided to a visitor concerning a cancelled visit.
3. A procedure for a prospective visitor or visitor to appeal a decision of a warden or manager to deny or suspend the visiting privileges of the prospective visitor or visitor.
Sec. 2.5. 1. The Office of the Ombudsperson for Offenders is hereby established within the Department to promote and protect the health, safety and welfare of offenders and prepare offenders for successful reentry into communities upon release. The Office must be impartial and operationally independent of the Department.
2. The Board shall appoint the Ombudsperson and may enter into a contract with a person to serve as Ombudsperson. The Ombudsperson serves at the pleasure of the Board.
3. Except as otherwise provided in subsection 6, the Ombudsperson may:
(a) Investigate and attempt to resolve grievances arising out of, or relating to, issues within the authority and control of the Department, including, without limitation, grievances relating to:
(1) Alleged abuse or neglect;
(2) Conditions of confinement;
(3) Alleged violations of any law of this State; and
(4) Actions that may be inconsistent with any policy, procedure, regulation or rule of the Department; and
(b) Propose policy or procedural changes to the Department relating to any systemic issue identified by the Ombudsperson.
4. If the Ombudsperson has reason to believe that a violation of a state or federal law or a constitutional provision has occurred or is occurring, the Ombudsperson shall notify the Director.
κ2023 Statutes of Nevada, Page 2851 (CHAPTER 465, AB 452)κ
5. Except as otherwise provided in subsection 6, the Ombudsperson shall:
(a) Review grievances entered into NOTIS;
(b) Provide such training as the Ombudsperson determines to be necessary or advisable to promote the purpose described in subsection 1 or suggest appropriate referrals for the provision of any such training; and
(c) Prepare an annual report, which must include, without limitation:
(1) Information concerning grievances entered into NOTIS for the immediately preceding year, which must include:
(I) The total number of grievances filed during the immediately preceding year;
(II) A summary of the claims included in grievances filed during the immediately preceding year;
(III) The total number of investigations conducted by the Department during the immediately preceding year; and
(IV) The outcome of each investigation conducted by the Department during the immediately preceding year;
(2) A summary of the activities of the Office during the immediately preceding year, including, without limitation, information regarding any training provided by the Ombudsperson or referrals made by the Ombudsperson;
(3) Any recommendations for proposed legislation; and
(4) Any other information the Ombudsperson determines is appropriate to include in the report.
6. The Ombudsperson shall not:
(a) Review, investigate or attempt to resolve any grievance relating to a judgment of conviction; or
(b) Interfere with any ongoing investigation of the Department, including, without limitation, any ongoing investigation being conducted by the Inspector General of the Department.
7. The Department shall provide any funds necessary to carry out the provisions of this section.
8. Notwithstanding any other provision of law, the Department shall grant the Ombudsperson access to any information concerning grievances entered into NOTIS or stored at an institution or facility.
9. On or before December 1 of each year, the Ombudsperson shall submit the report required by subsection 5 to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on the Judiciary, if the report is received during an odd-numbered year, or to the next session of the Legislature, if the report is received during an even-numbered year.
10. As used in this section, NOTIS means the Nevada Offender Tracking Information System or its successor.
Sec. 3. (Deleted by amendment.)
Sec. 4. NRS 209.423 is hereby amended to read as follows:
209.423 1. An offender shall have the right to receive visitors in person in accordance with the regulations adopted pursuant to section 2 of this act.
κ2023 Statutes of Nevada, Page 2852 (CHAPTER 465, AB 452)κ
2. Wardens and managers may authorize visits and correspondence between offenders and appropriate friends, relatives, and others [under] in accordance with the regulations adopted [by the Director and approved by the Board.] pursuant to section 2 of this act.
3. A warden or manager must provide notice of any cancelled visit in accordance with the regulations adopted pursuant to section 2 of this act.
Sec. 5. (Deleted by amendment.)
Sec. 5.3. 1. There is hereby appropriated from the State General Fund to the Department of Corrections for the cost of contract services for the Office of the Ombudsperson for Offenders established by section 2.5 of this act the following sums:
For the Fiscal Year 2023-2024.................................................... $175,000
For the Fiscal Year 2024-2025.................................................... $350,000
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. 5.5. 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. 6. 1. This section becomes effective upon passage and approval.
2. Section 5.3 of this act becomes effective on July 1, 2023.
3. Sections 1 to 5, inclusive, and section 5.5 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 January 1, 2024, for all other purposes.
________
κ2023 Statutes of Nevada, Page 2853κ
Assembly Bill No. 332Assemblymen Peters, Watts, Nguyen, Torres; Anderson, Carter, Gorelow, Koenig, La Rue Hatch, Mosca, Newby and Taylor
Joint Sponsor: Senator Nguyen
CHAPTER 466
[Approved: June 14, 2023]
AN ACT relating to student education loans; providing for the licensing and regulation of student loan servicers by the Commissioner of Financial Institutions; requiring student loan servicers to pay certain assessments and fees; authorizing the Commissioner to participate in the Nationwide Multistate Licensing System and Registry with respect to the issuance and renewal of a license to engage in student loan servicing; authorizing the Commissioner to take certain actions relating to participation in the Registry; authorizing and requiring the Student Loan Ombudsman to perform certain acts; providing for the regulation of private education loans and private education lenders by the Commissioner; requiring the Commissioner to adopt certain regulations; authorizing the Commissioner to engage in certain activities relating to the monitoring of the market for the provision of student loan servicing and student education loans; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Commissioner of Financial Institutions to supervise and control various financial institutions, lenders and fiduciaries, including, without limitation, banks, credit unions, payday lenders and trust companies. (Chapter 604A of NRS, title 55 of NRS) Sections 2-51 of this bill add a new chapter to the Nevada Revised Statutes to provide for the licensing and regulation of student loan servicers by the Commissioner, as well as the regulation of private education loans and private education lenders. Sections 3-13 of this bill define terms used in the new chapter. Section 14 of this bill provides for money received pursuant to the new chapter to be accounted for separately and used for the regulation of student loan servicers. Sections 15-21, 25, 44 and 45 of this bill set forth requirements relating to the licensing of student loan servicers. In particular, section 15 prohibits a person from acting as a student loan servicer without obtaining a license from the Commissioner to do so, and also sets forth the persons exempted from this licensure requirement. Section 16 of this bill sets forth various requirements for applying for a license, including, without limitation, the payment of a license fee and an investigation fee and the submission of a surety bond. Section 45 provides that all fees paid are nonrefundable. Section 20 of this bill requires the Commissioner to issue a license to persons who engage in student loan servicing in this State only pursuant to certain contracts with the federal government without requiring those persons to comply with the standard requirements for the issuance of a license. Section 20: (1) requires persons who are issued such a license to comply with other relevant provisions of law; and (2) provides for the expiration of such a license not later than 37 days after the expiration, revocation or termination of the federal contract that provided the basis for the issuance of the license. Sections 20.1-20.8 of this bill authorize the Commissioner: (1) in furtherance of his or her duties with respect to the issuance and renewal of licenses as a student loan servicer, to participate in the Nationwide Multistate Licensing System and Registry; and (2) to take certain actions regarding such participation. Section 20.4: (1) requires the Commissioner to report to the Registry certain information concerning violations of applicable laws by applicants for licensure and licensees; and (2) authorizes the Commissioner to enter into certain agreements with certain entities.
κ2023 Statutes of Nevada, Page 2854 (CHAPTER 466, AB 332)κ
applicants for licensure and licensees; and (2) authorizes the Commissioner to enter into certain agreements with certain entities. Section 20.2 authorizes the Commissioner to: (1) require an applicant for licensure or a licensee seeking to renew a license to submit a complete set of fingerprints when the Commissioner determines necessary; and (2) use the Registry to process and 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. Section 20.6 of this bill requires an applicant for the issuance of a license and certain other persons to submit a complete set of fingerprints and certain other information to the Registry. Section 20.8 authorizes the Commissioner to issue a license as a student loan servicer through the Registry. Section 21 provides for the annual expiration and renewal of a license as a student loan servicer.
Sections 22-24 and 26-30 of this bill set forth requirements governing the business practices and other actions of student loan servicers. Specifically, section 22 sets forth requirements applicable to a licensee ceasing to engage in the business of student loan servicing in this State. Section 23 of this bill sets forth requirements applicable to a person who provides a check or other method of payment to the Commissioner which is returned or otherwise dishonored. Section 24 requires licensees and applicants for licenses to notify the Commissioner of any changes in certain information provided to the Commissioner. Sections 26 and 28 of this bill set forth requirements concerning business names, business locations and recordkeeping relating to student loan servicers and student education loans. Section 29 of this bill prohibits a student loan servicer from engaging in certain specified conduct. Section 30 of this bill authorizes the Student Loan Ombudsman in the Office of the State Treasurer or any member of the public to file a complaint with the Commissioner concerning the actions of a student loan servicer.
Sections 31-37 of this bill establish provisions for a particular type of student education loan, the private education loan, and for private education loan borrowers and private education lenders. In particular, sections 31 and 32 of this bill establish certain protections for cosigners of private education loans. Section 32 also prohibits a private education lender from accelerating repayment of a private education loan except in cases of a default in payment. Section 33 of this bill establishes the rights and duties of private education lenders in cases of the total and permanent disability of a private education loan borrower or his or her cosigner. Sections 34-36 of this bill set forth requirements and prohibitions governing the business practices and other actions of private education lenders. Section 37 provides that a private education lender is not exempt from any applicable licensing requirements imposed by any other specific statute.
Sections 38, 39 and 41-43 of this bill: (1) authorize the Commissioner to conduct investigations and examinations relating to student loan servicers and student education loans; (2) require the Commissioner to conduct such investigations and examinations at least annually; (3) require licensees to pay for such investigations and examinations; (4) authorize the Commissioner to retain certain professionals and specialists, enter into certain agreements and use certain resources for the purposes of investigations and examinations; (5) describe the scope of the authority of the Commissioner with regard to investigations and examinations; and (6) prohibit a student loan servicer or other person under examination or investigation from knowingly withholding or otherwise preventing access to information relating to the examination or investigation.
Existing law requires financial institutions to pay assessments established by the Commissioner to cover: (1) the costs of certain independent audits and examinations; (2) legal services provided by the Attorney General to the Commissioner and the Division of Financial Institutions; and (3) supervision and examinations by the Commissioner or Division. (NRS 658.055, 658.098, 658.101) Sections 39 and 53 of this bill require a licensed student loan servicer to pay those assessments. Section 40 of this bill authorizes the Commission to monitor the market for the provision of student loan servicing and student education loans for risks to consumers and to take certain actions relating to such monitoring.
κ2023 Statutes of Nevada, Page 2855 (CHAPTER 466, AB 332)κ
Section 44 sets forth grounds upon which the Commissioner may deny an application for a license or suspend, revoke or refuse to renew a license. Section 46 of this bill requires a student loan servicer and a private education lender to comply with certain federal laws and regulations, and deems a violation of those federal laws or regulations to be a violation of Nevada law. Sections 47, 48 and 50 of this bill establish the rights, remedies and penalties available for violations of the new chapter. Sections 49 and 56 of this bill make confidential any books, records or other information obtained by the Division in connection with an application, complaint, audit, investigation or examination. Section 51 requires the Commissioner to adopt any regulations necessary to carry out the provisions of the new chapter. Section 52 of this bill makes a conforming change to indicate the proper placement of the new chapter in the Nevada Revised Statutes.
Existing law establishes the duties of the Student Loan Ombudsman designated by the State Treasurer. Those duties include receiving, reviewing and attempting to resolve complaints from student loan borrowers. (NRS 226.570) Section 54 of this bill requires the Student Loan Ombudsman to make those complaints available to the Attorney General. Section 55 of this bill makes a conforming change to indicate the proper placement of section 54 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. Title 55 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 51, 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 13, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 3. 1. Control person means:
(a) An executive officer, director, general partner, trustee, member, qualified employee or shareholder of a student loan servicer, licensee or applicant for a license; or
(b) A person who is authorized to participate in direct or indirect control of the management or policies of a student loan servicer, licensee or applicant for a license.
2. As used in this section, executive officer means an officer, manager, partner or managing member of a student loan servicer, licensee or applicant for a license. The term includes, without limitation, a chief executive officer, president, vice president, chief financial officer, chief operating officer, chief legal officer, controller or compliance officer or a natural person who holds any similar position.
Sec. 4. Cosigner means:
1. Any person who is liable for the obligation of another without compensation, regardless of how the person is designated in the contract or instrument with respect to that obligation, including, without limitation, an obligation under a private education loan extended to consolidate a borrowers pre-existing private education loans. The term includes any person whose signature is requested as a condition to grant credit or to forbear on collection.
κ2023 Statutes of Nevada, Page 2856 (CHAPTER 466, AB 332)κ
2. As used in this section, the term does not include a spouse of a person described in subsection 1 whose signature is needed to perfect the security interest in a loan.
Sec. 5. License means a license issued by the Commissioner pursuant to this chapter.
Sec. 6. Licensee means a student loan servicer licensed by the Commissioner pursuant to this chapter.
Sec. 6.5. Nationwide Multistate Licensing System and Registry or Registry has the meaning ascribed to it in NRS 604A.083.
Sec. 7. 1. Private education lender means any person engaged in the business of securing, making or extending private education loans, or any holder of a private education loan.
2. To the extent that state law is not preempted by federal law, the term does not include:
(a) A bank, savings bank, savings and loan association or credit union;
(b) A wholly owned subsidiary of a bank or credit union;
(c) An operating subsidiary if each owner of the operating subsidiary is wholly owned by the same bank or credit union;
(d) The Nevada System of Higher Education; or
(e) The Western Interstate Commission for Higher Education.
Sec. 8. 1. Private education loan means an extension of credit that is:
(a) Extended to a consumer expressly, in whole or in part, for postsecondary educational expenses, regardless of whether the loan is provided by the educational institution that the student attends; and
(b) Not made, insured or guaranteed under Title IV of the Higher Education Act of 1965, 20 U.S.C. §§ 1070 et seq.
2. The term does not include an:
(a) Open-end credit or any loan that is secured by real property or a dwelling; or
(b) Extension of credit in which the covered educational institution is the creditor if:
(1) The term of the extension of credit is 90 days or less; or
(2) An interest rate is not applied to the credit balance and the term of the extension of credit is 1 year or less, even if the credit is payable in more than four installments.
Sec. 9. Private education loan borrower means any resident of this State who has received or agreed to pay a private education loan for the borrowers own educational expenses.
Sec. 10. Student education loan means any loan primarily for personal use to finance education or other school-related expenses. The term includes a private education loan.
Sec. 11. Student loan borrower means a:
1. Resident of this State who receives or agrees to pay a student education loan; or
2. Person who shares responsibility with such a resident for repaying the student education loan.
κ2023 Statutes of Nevada, Page 2857 (CHAPTER 466, AB 332)κ
Sec. 12. Student loan servicer means any person, wherever located, responsible for the servicing of any student education loan to any student loan borrower. The term includes a licensee and a person who engages in student loan servicing without a license pursuant to subsection 2 of section 15 of this act. The term does not include the Nevada System of Higher Education or the Western Interstate Commission for Higher Education.
Sec. 13. Student loan servicing or servicing means:
1. Receiving any scheduled periodic payments from a student loan borrower pursuant to the terms of a student education loan or any notification that a student loan borrower made such a scheduled periodic payment and applying the payments to the account of a student loan borrower, as may be required pursuant to the terms of a student education loan or a contract governing the servicing of a student education loan;
2. During a period in which no payment is required on a student education loan, maintaining account records for a student education loan and communicating with the student loan borrower on behalf of the owner of the promissory note for the student education loan; or
3. Interacting with a student loan borrower concerning a student education loan, including activities to prevent default on the student education loan, to facilitate the activities described in subsection 1 or 2.
Sec. 14. 1. The Commissioner shall:
(a) Administer and account for separately the money received pursuant to this chapter.
(b) Use the money received pursuant to this chapter for the purposes set forth in this chapter.
2. Any money that remains in the account created pursuant to subsection 1 at the end of the fiscal year does not revert to the State General Fund, and the balance of the account must be carried forward to the next fiscal year.
3. Any interest or income earned on the money in the account created pursuant to subsection 1 must be credited to the account, after deducting any applicable charges. Any claims against the account must be paid as other claims against the State are paid.
Sec. 15. 1. Except as otherwise provided in subsection 2, a person shall not act as a student loan servicer, directly or indirectly, without first obtaining a license from the Commissioner pursuant to this chapter.
2. The following persons may act as a student loan servicer without obtaining a license pursuant to this chapter:
(a) Any bank, savings and loan association, savings bank, thrift company or credit union, whether chartered by this State, another state or the Federal Government.
(b) Any wholly owned subsidiary of any person identified in paragraph (a).
(c) Any operating subsidiary of any person identified in paragraph (a) if each owner of the operating subsidiary is wholly owned by the same person identified in paragraph (a).
Sec. 16. Except as otherwise provided in section 20 of this act, a person may apply for a license as a student loan servicer by submitting a written application to the Commissioner on a form prescribed by the Commissioner. The application must be accompanied by:
1. A financial statement prepared by a certified public accountant or a public accountant, the accuracy of which is sworn to under oath before a notary public by the proprietor, a general partner or a corporate officer or a member authorized to execute such documents;
κ2023 Statutes of Nevada, Page 2858 (CHAPTER 466, AB 332)κ
notary public by the proprietor, a general partner or a corporate officer or a member authorized to execute such documents;
2. Any other information requested by the Commissioner or otherwise required in connection with the evaluation and investigation of the applicants qualifications and suitability for licensure;
3. A nonrefundable license fee of $1,000;
4. A nonrefundable investigation fee of $800; and
5. A surety bond in an amount determined by the Commissioner.
Sec. 17. Except as otherwise provided in section 20 of this act:
1. In addition to any other requirements set forth in this chapter, a natural person who applies for the issuance or renewal of a license as a student loan servicer or, if the applicant is not a natural person, each control person of the applicant, shall:
(a) Include the social security number of the applicant or control person, as applicable, in the application submitted to the Commissioner.
(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.
2. The Commissioner shall include the statement required pursuant to 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 student loan servicer may not be issued or renewed by the Commissioner if the applicant or any control person of an applicant:
(a) Fails to submit the statement required by subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that he or she 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 or a control person indicates on the statement submitted pursuant to subsection 1 that he or she 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 or control person, as applicable, to contact the district attorney or other public agency enforcing the order to determine the actions that he or she may take to satisfy the arrearage.
5. 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 an applicant or control person, the Commissioner shall deem that license 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 applicant or control person by the district attorney or other public agency pursuant to NRS 425.550 stating that he or she has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
κ2023 Statutes of Nevada, Page 2859 (CHAPTER 466, AB 332)κ
6. The Commissioner shall reinstate a license as a student loan servicer 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 applicant or a control person of the applicant stating that the applicant or control person, as applicable, has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Sec. 18. (Deleted by amendment.)
Sec. 19. Except as otherwise provided in section 20 of this act, upon the filing of an application for an initial license and the payment of the license fee and the investigation fee and submission of the surety bond required by section 16 of this act, the Commissioner shall investigate the financial condition and responsibility, financial and business experience, character and general fitness of the applicant. The Commissioner may issue a license if the Commissioner finds that:
1. The applicants financial condition is sound;
2. The applicants business will be conducted honestly, fairly, equitably, carefully and efficiently within the purposes and intent of this chapter and in a manner commanding the confidence and trust of the community;
3. If the applicant is:
(a) A natural person, the person is in all respects properly qualified and of good character;
(b) A partnership, each partner is in all respects properly qualified and of good character;
(c) A corporation or association, the president, chairperson of the executive committee, senior officer responsible for the corporations business and chief financial officer or any other person who performs similar functions as determined by the Commissioner, each director, each trustee and each shareholder owning 10 percent or more of each class of the securities of such corporation is in all respects properly qualified and of good character; or
(d) A limited liability company, each member is in all respects properly qualified and of good character;
4. No person on behalf of the applicant knowingly has made any incorrect statement of a material fact in the application, or in any report or statement made pursuant to this chapter;
5. No person on behalf of the applicant knowingly has omitted to state any material fact necessary to give the Commissioner any information lawfully required by the Commissioner;
6. The applicant has paid the license fee and the investigation fee and submitted the surety bond required by section 16 of this act; and
7. The applicant has met any other requirements set forth by the Commissioner in regulations adopted pursuant to this chapter.
Sec. 20. 1. A person seeking to act as a student loan servicer is exempt from the application procedures described in subsections 1 and 2 of section 16 of this act and section 20.6 of this act upon a determination by the Commissioner that the persons student loan servicing performed in this State is conducted pursuant to a contract awarded by the United States Secretary of Education pursuant to 20 U.S.C. § 1087f. The Commissioner shall, by regulation, prescribe the procedure for documenting a persons eligibility for this exemption.
κ2023 Statutes of Nevada, Page 2860 (CHAPTER 466, AB 332)κ
2. Upon payment of the license fee and investigation fee and the submission of the surety bond required by section 16 of this act, the Commissioner shall:
(a) Issue a license to a person determined to be exempt pursuant to this section; and
(b) Deem the person to have satisfied all requirements set forth in sections 16 and 20.6 of this act.
3. A person issued a license pursuant to this section:
(a) Is exempt from the requirements of sections 17, 19 and 20.2 of this act; and
(b) Shall, except to the extent that those requirements are inconsistent with federal law, comply with all other applicable provisions of this chapter, including, without limitation, the record retention requirements set forth in section 28 of this act.
4. A person issued a license pursuant to this section shall provide the Commissioner with written notice within 7 days after notification of the expiration, revocation or termination of a contract awarded by the United States Secretary of Education pursuant to 20 U.S.C. § 1087f. The person must satisfy all requirements set forth in sections 16 and 20.6 of this act not later than 30 days after submitting such notice to the Commissioner in order to continue to act as a student loan servicer. At the expiration of the 30-day period, if the requirements have not been satisfied, the Commissioner shall immediately suspend a license granted to the person pursuant to this section.
5. With respect to student loan servicing not conducted pursuant to a contract awarded by the United States Secretary of Education pursuant to 20 U.S.C. § 1087f, nothing in this section prevents the Commissioner from issuing or filing a civil action for an order to temporarily or permanently bar a person from acting as a student loan servicer for violating applicable law.
Sec. 20.1. 1. The Commissioner may, in furtherance of his or her duties with respect to the issuance and renewal of licenses, 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 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
κ2023 Statutes of Nevada, Page 2861 (CHAPTER 466, AB 332)κ
(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 contact a background check on the criminal history of an applicant for a license or a licensee.
2. 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.
3. 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.
4. 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. 20.2. 1. The Commissioner may require an applicant for a license or a licensee to submit a complete set of fingerprints when the Commissioner determines necessary.
2. 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.
Sec. 20.4. 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 a license 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. 20.6. Except as otherwise provided in section 20 of this act, in addition to any other requirements set forth by specific statute, each applicant for the issuance of a license, each control person 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:
1. 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;
κ2023 Statutes of Nevada, Page 2862 (CHAPTER 466, AB 332)κ
authorized to receive such information for a state, national and international background check on the criminal history of the person;
2. 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:
(a) 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
(b) Additional independent credit reports and credit scored to confirm that the applicant continues to comply with any applicable requirements concerning financial responsibility;
3. Information related to any administrative, civil or criminal findings made by any governmental jurisdiction concerning the person; and
4. Any other information concerning the person that the Registry or Commissioner may require.
Sec. 20.8. 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 a licenses as authorized by 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 of the Registry.
Sec. 21. 1. A license issued pursuant to this chapter expires on December 31 of each year following its issuance, unless renewed or earlier surrendered, suspended or revoked pursuant to this chapter.
2. A licensee may renew a license issued pursuant to section 19 of this act by filing with the Commissioner an application containing the documents and fees set forth in section 16 of this act for an initial license. Such a renewal application shall be deemed to be timely filed if filed on or before November 1 of the year in which the license expires. Any renewal application filed with the Commissioner after November 1 must be accompanied by a late fee of $100 and, if so, such a filing also shall be deemed to be timely filed. If an application for renewal of a license is timely filed with the Commissioner pursuant to this subsection on or before the date the license expires, the license sought to be renewed continues in full force and effect until the issuance by the Commissioner of the renewed license or until the Commissioner notifies the licensee in writing of the Commissioners refusal to issue a renewed license together with the grounds upon which such refusal is based. The Commissioner may refuse to issue a renewed license on any ground on which the Commissioner may refuse to issue an initial license.
3. A licensee may renew a license issued pursuant to section 20 of this act by filing with the Commissioner, before the expiration of the license, an application containing any documents and fees required pursuant to section 20 for an initial license.
4. Annually, on or before April 15, each licensee shall file with the Commissioner and the Nationwide Multistate Licensing System and Registry a report of operations of the licensed business for the immediately preceding calendar year under oath and on a form prescribed by the Commissioner.
κ2023 Statutes of Nevada, Page 2863 (CHAPTER 466, AB 332)κ
Registry a report of operations of the licensed business for the immediately preceding calendar year under oath and on a form prescribed by the Commissioner.
Sec. 22. 1. Not later than 15 days after a licensee ceases to engage in the business of student loan servicing in this State for any reason, including, without limitation, a business decision to terminate operations in this State, license revocation, bankruptcy or voluntary dissolution, the licensee shall provide written notice of surrender to the Commissioner and shall surrender to the Commissioner its license for each location in which the licensee has ceased to engage in such business.
2. A written notice of surrender provided pursuant to subsection 1 must identify the location where the records of the licensee will be stored and the name, address and telephone number of a natural person authorized to provide access to the records.
3. The surrender of a license does not reduce or eliminate the licensees civil or criminal liability arising from acts or omissions occurring before the surrender of the license, including, without limitation, any administrative actions undertaken by the Commissioner to revoke or suspend a license, assess a civil penalty, order restitution or exercise any other authority provided to the Commissioner.
Sec. 23. If the Commissioner determines that a check or other method of payment which is provided to the Commissioner to pay any fee required pursuant to this chapter has been returned to the Commissioner or otherwise dishonored because the person had insufficient money or credit with the drawee or financial institution to pay the check or other method of payment or because the person stopped payment on the check or other method of payment, the Commissioner shall automatically refuse to issue, suspend or refuse to renew the license, as applicable. The Commissioner must give the licensee reasonable advance notice of this automatic action and an opportunity for a hearing.
Sec. 24. A licensee or an applicant for a license shall notify the Commissioner, in writing, of any change in the information provided in the initial application for a license or the most recent application for renewal of such a license, as applicable, not later than 10 business days after the occurrence of the event that results in such information becoming inaccurate.
Sec. 25. The Commissioner may deem an application for a license abandoned if the applicant fails to respond to any request for information required pursuant to this chapter or any regulations adopted pursuant thereto. The Commissioner shall notify the applicant, in writing, that if the applicant fails to submit such information not later than 60 days after the date on which such a request for information was made, the application shall be deemed abandoned. Any fees paid before the date an application is deemed abandoned pursuant to this section must not be refunded. Abandonment of an application pursuant to this section does not preclude the applicant from submitting a new application for a license pursuant to this chapter.
Sec. 26. A licensee shall not act as a student loan servicer or engage in student loan servicing under any other name or at any other place of business than that identified in the license. The licensee must notify the Commissioner in advance of any change of location of a place of business of the licensee. Only one place of business may be maintained under one license, but the Commissioner may issue more than one license to the same licensee upon the licensees application for a license for each place of business.
κ2023 Statutes of Nevada, Page 2864 (CHAPTER 466, AB 332)κ
license, but the Commissioner may issue more than one license to the same licensee upon the licensees application for a license for each place of business. A license is not transferable or assignable.
Sec. 27. 1. Except to the extent inconsistent with federal law or regulation, a student loan servicer shall:
(a) Respond to any written inquiry from a student loan borrower or the representative of a student loan borrower by:
(1) Acknowledging receipt of the inquiry within 10 business days; and
(2) Providing information relating to the inquiry, and, if applicable, the action the student loan servicer will take to correct the account or an explanation of the student loan servicers position that the student loan borrowers account is correct, within 30 business days.
(b) Inquire of a student loan borrower how to apply an overpayment to a student education loan. A student loan borrowers instruction on how to apply an overpayment to a student education loan must stay in effect for any future overpayments during the term of the student education loan unless the student loan borrower provides different instructions. For the purposes of this paragraph, overpayment means a payment on a student education loan that is in excess of the monthly amount due from the student loan borrower on the student education loan, commonly referred to as a prepayment.
(c) Apply a partial payment from a student loan borrower on a student education loan in a manner that minimizes late fees and negative credit reporting. If there are multiple loans on a student loan borrowers account at an equal stage of delinquency, a student loan servicer shall satisfy the requirements of this subsection by applying the partial payment to satisfy as many individual loan payments as possible on the student loan borrowers account. For purposes of this subsection, partial payment means a payment to a student education loan account that contains multiple individual loans if the payment is in an amount less than the amount necessary to satisfy the outstanding payment due on all loans in the student education loan account, commonly referred to as an underpayment.
2. If the sale, assignment or other transfer of the servicing of a student education loan results in a change in the identity of the person to whom a student loan borrower is required to send payments or direct any communication concerning the student education loan:
(a) As a condition of a sale, an assignment or any other transfer of the servicing of a student education loan, require the new student loan servicer to honor all benefits originally represented as available to the student loan borrower during the repayment of the student education loan and preserve the availability of those benefits, including, without limitation, any benefits for which the student loan borrower has not yet qualified;
(b) Transfer to the new student loan servicer for the student education loan all information regarding the student loan borrower, the account of the student loan borrower and the student education loan of the student loan borrower. The information must include, without limitation, the repayment status of the student loan borrower and any benefits associated with the student education loan of the student loan borrower; and
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(c) Complete the transfer of information required by paragraph (b) within 45 calendar days after the sale, assignment or other transfer of the servicing of the student education loan.
3. A student loan servicer who obtains the right to service a student education loan shall adopt policies and procedures to verify that the student loan servicer has received all information regarding the student loan borrower, the account of the student loan borrower and the student education loan of the student loan borrower including, without limitation, the repayment status of the student loan borrower and any benefits associated with the student education loan of the student loan borrower.
4. A student loan servicer shall evaluate a student loan borrower for eligibility for an income-driven repayment program before placing the student loan borrower in forbearance or default if an income-driven repayment program is available to the student loan borrower.
Sec. 28. 1. Except to the extent inconsistent with federal law or regulation, a student loan servicer shall maintain a record of each transaction relating to a student education loan for not less than 2 years following the final payment on the student education loan or the assignment of the student education loan, whichever occurs first, or such longer period as may be required by any other provision of law.
2. Upon the request of the Commissioner, a person required to maintain records pursuant to subsection 1 shall make such records available to the Commissioner, or send the records to the Commissioner, in the manner required by the Commissioner, not later than 5 business days after requested by the Commissioner. Upon the persons request, the Commissioner may allow additional time to make the records available to the Commissioner or to send the records to the Commissioner.
Sec. 29. A student loan servicer shall not:
1. Directly or indirectly employ any scheme, device or artifice to defraud or mislead a student loan borrower.
2. Engage in any unfair or deceptive practice toward any person or misrepresent or omit any material information in connection with the servicing of a student education loan, including, without limitation, misrepresenting the amount, nature or terms of any fee or payment due or claimed to be due on a student education loan, the terms and conditions of the loan agreement or the student loan borrowers obligations under the loan.
3. Obtain property by fraud or misrepresentation.
4. Misapply student education loan payments to the outstanding balance of a student education loan.
5. Provide inaccurate information to a credit bureau in a manner which may harm a student loan borrowers creditworthiness.
6. Fail to report both the favorable and unfavorable payment history of the student loan borrower to a nationally recognized consumer credit bureau at least annually if the student loan servicer regularly reports information to a credit bureau.
7. Refuse to communicate with an authorized representative of the student loan borrower if the authorized representative:
(a) Provides a written authorization signed by the student loan borrower; and
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(b) Complies with any reasonable procedures which may be adopted by the student loan servicer to verify that the representative is in fact authorized to act on behalf of the student loan borrower.
8. Make any false statement or omission of a material fact in connection with any information or reports filed with a governmental agency or in connection with any investigation conducted by the Commissioner or another governmental agency.
9. Fail to respond within 15 business days to communications from the Commissioner, or within a shorter, reasonable period of time as may be requested by the Commissioner.
10. Fail to respond within 15 business days to a consumer complaint submitted to the student loan servicer by the Commissioner or the Office of the Attorney General. If necessary, the student loan servicer may request additional time to respond to the complaint, up to a maximum of 45 business days, provided that the request is accompanied by an explanation of why additional time is reasonable and necessary.
11. Engage in abusive acts or practices when servicing a student education loan in this State. An act or practice is abusive in connection with the servicing of a student education loan if that act or practice:
(a) Materially interferes with the ability of a student loan borrower to understand a term or condition of a student education loan; or
(b) Takes unreasonable advantage of any of the following:
(1) A lack of understanding on the part of a student loan borrower of the material risks, costs or conditions of the student education loan;
(2) The inability of a student loan borrower to protect the interests of the student loan borrower when selecting or using a student education loan or feature, term or condition of a student education loan; or
(3) The reasonable reliance by the student loan borrower on a person engaged in servicing a student education loan to act in the interests of the student loan borrower.
Sec. 30. 1. The Student Loan Ombudsman designated pursuant to NRS 226.560 or a member of the public may submit a complaint concerning a student loan servicer to the Commissioner for investigation pursuant to section 38 of this act.
2. The Division of Financial Institutions shall share a complaint submitted pursuant to this section with the Office of the Attorney General in accordance with section 54 of this act.
Sec. 31. 1. Before the extension of a private education loan that requires a cosigner, a private education lender shall deliver to the cosigner information concerning, without limitation:
(a) How the private education loan obligation will appear on the cosigners credit;
(b) How the cosigner will be notified if the private education loan becomes delinquent;
(c) How the cosigner can cure a delinquency in order to avoid negative credit furnishing and loss of cosigner release eligibility; and
(d) The eligibility of the cosigner to be released from his or her obligation on the private education loan, including, without limitation, the number of on-time payments and any other criteria required to approve the release of the cosigner from his or her obligation on the private education loan.
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2. For any private education loan that obligates a cosigner, a private education lender shall provide the private education loan borrower and the cosigner an annual written notice containing information about the release of the cosigner from his or her obligation on the private education loan, including, without limitation:
(a) Any administrative, non-judgmental criteria the private education lender requires to approve the release of the cosigner from the private education loan obligation; and
(b) The process for applying for cosigner release.
3. If the private education loan borrower has met the applicable payment requirements to be eligible for cosigner release, the private education lender shall send the private education loan borrower and the cosigner a written notification by mail and by electronic mail, if the private education loan borrower or cosigner has elected to receive electronic communications from the private education lender, informing the private education loan borrower and cosigner that the payment requirement to be eligible for cosigner release has been met. The notification must also include information about any additional criteria to qualify for cosigner release and the procedure to apply for cosigner release.
4. A private education lender shall provide written notice to a private education loan borrower who applies for cosigner release but whose application is incomplete. The written notice shall include a description of the information needed to consider the application complete and the date by which the applicant must furnish the missing information.
5. Within 30 days after a private education loan borrower submits a completed application for cosigner release, the private education lender shall send the private education loan borrower and cosigner a written notice that informs the private education loan borrower and cosigner whether the cosigner release application has been approved or denied. If the private education lender denies a request for cosigner release, the private education loan borrower may request any documents or information used in the determination, including, without limitation, the credit score threshold used by the private education lender, the private education loan borrowers consumer credit report, the private education loan borrowers credit score and any other documents specific to the private education loan borrower. The private education lender shall also provide any notices of adverse action required under applicable federal law if the denial is based in whole or in part on any information contained in a consumer credit report.
6. In response to a written or oral request for cosigner release, a private education lender shall provide the information described in subsection 2.
7. A private education lender shall not impose any restriction that permanently bars a private education loan borrower from qualifying for cosigner release, including, without limitation, restricting the number of times a private education loan borrower may apply for cosigner release.
8. A private education lender shall not impose any negative consequences on any private education loan borrower or cosigner during the 60 days following the issuance of the notice provided pursuant to subsection 4 or until the private education lender makes a final determination about a private education loan borrowers cosigner application for release. For the purposes of this subsection, negative consequences includes, without limitation, the imposition of additional eligibility criteria, negative credit reporting, lost eligibility for cosigner release, late fees, interest capitalization or other financial injury.
κ2023 Statutes of Nevada, Page 2868 (CHAPTER 466, AB 332)κ
consequences includes, without limitation, the imposition of additional eligibility criteria, negative credit reporting, lost eligibility for cosigner release, late fees, interest capitalization or other financial injury.
9. For any private education loan made on or after January 1, 2024, a private education lender shall not require more than 12 consecutive, on-time payments as criteria for cosigner release. Any private education loan borrower who has paid the equivalent of 12 months of principal and interest payments within any 12-month period shall be deemed to have satisfied the consecutive, on-time payment requirement, even if the private education loan borrower has not made payments monthly during the 12-month period.
10. If a private education loan borrower or cosigner requests a change in terms that restarts the count of consecutive, on-time payments required for cosigner release, the private education lender shall notify the private education loan borrower and cosigner in writing of the impact of the change and provide the private education loan borrower or cosigner the right to withdraw or reverse the request to avoid that impact.
11. A private education loan borrower has the right to request an appeal of a private education lenders determination to deny a request for cosigner release, and the private education lender shall permit the private education loan borrower to submit additional documentation evidencing the private education loan borrowers ability, willingness and stability to meet the payment obligations. The private education loan borrower may request review of the determination made regarding cosigner release by another employee of the private education lender.
12. A private education lender shall establish and maintain a comprehensive record management system reasonably designed to ensure the accuracy, integrity and completeness of data and other information about cosigner release applications and to ensure compliance with applicable state and federal laws, including, without limitation, the federal Equal Credit Opportunity Act, 15 U.S.C. §§ 1691 et seq., and the Fair Credit Reporting Act, 15 U.S.C. §§ 1681 et seq. This system must include the number of cosigner release applications received, the approval and denial rate and the primary reasons for any denial.
13. A private education lender shall provide a cosigner with access to all documents or records related to the cosigned private education loan that are available to the private education loan borrower.
14. If a private education lender provides electronic access to documents and records for a private education loan borrower, the private education lender shall provide equivalent electronic access to the cosigner.
Sec. 32. 1. A private education loan made on or after January 1, 2024, may not include a provision that allows the private education lender to accelerate, in whole or in part, payments on the private education loan, except in cases of payment default. A private education lender shall not place any loan or account into default or accelerate a loan for any reason, other than for payment default.
2. A private education loan made before January 1, 2024, may permit the private education lender to accelerate payments only if the promissory note or loan agreement explicitly authorizes an acceleration and only for the reasons stated in the note or agreement.
3. In the event of the death or bankruptcy of a cosigner:
κ2023 Statutes of Nevada, Page 2869 (CHAPTER 466, AB 332)κ
(a) The private education lender must not attempt to collect against the cosigners estate or bankruptcy estate, other than for payment default.
(b) Upon receiving notification of the death or bankruptcy of a cosigner, when the private education loan is not more than 60 days delinquent at the time of the notification, the private education lender shall not change any terms or benefits under the promissory note, repayment schedule, repayment terms or monthly payment amount or any other provision associated with the loan.
4. A private education lender shall not place any private education loan or account into default or accelerate a private education loan while a private education loan borrower is seeking a loan modification or enrollment in a flexible repayment plan, except that a private education lender may place a loan or account into default or accelerate a loan for payment default 90 days following the private education loan borrowers default.
Sec. 33. 1. A private education lender, when notified of the total and permanent disability of a private education loan borrower or cosigner, shall release any cosigner from the obligations of the cosigner under a private education loan. The private education lender shall not attempt to collect a payment from a cosigner following a notification of total and permanent disability of the private education loan borrower or cosigner.
2. A private education lender shall notify a private education loan borrower and cosigner for a private education loan if either a private education loan borrower or cosigner is released from the obligations of the private education loan under this section, within 30 days after the release.
3. A private education lender that extends a private education loan shall provide the private education loan borrower an option to designate an individual to have the legal authority to act on behalf of the private education loan borrower with respect to the loan in the event of the total and permanent disability of the private education loan borrower.
4. If a cosigner is released from the obligations of a private education loan pursuant to section 31 of this act, the private education lender shall not:
(a) Require the private education loan borrower to obtain another cosigner on the private education loan obligation.
(b) Declare a default or accelerate the debt against the private education loan borrower on the sole basis of the release of the cosigner from the private education loan obligation.
5. A private education lender, if notified of the total and permanent disability of a private education loan borrower:
(a) Shall discharge the liability of the private education loan borrower and cosigner on the private education loan; and
(b) Shall not:
(1) Attempt to collect on the outstanding liability of the private education loan borrower or cosigner; or
(2) Monitor the disability status of the private education loan borrower at any point after the date of discharge.
6. As used in this section, total and permanent disability means that a person:
(a) Has been determined by the United States Secretary of Veterans Affairs to be unemployable due to a service-connected disability; or
κ2023 Statutes of Nevada, Page 2870 (CHAPTER 466, AB 332)κ
(b) Is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death, has lasted for a continuous period of not less than 12 months or can be expected to last for a continuous period of not less than 12 months.
Sec. 34. 1. A private education lender shall, before offering a person a private education loan that is being used to refinance an existing private education loan, provide to the person a disclosure that informs the person that benefits and protections applicable to the existing private education loan may be lost due to the refinancing. The information must be provided on a one-page information sheet in at least 12-point font and must be written in simple, clear, understandable and easily readable language.
2. If a private education lender offers any private education loan borrower flexible repayment options in connection with a private education loan, those flexible repayment options must be made available to all private education loan borrowers of loans by the private education lender. A private education lender shall:
(a) Provide on its Internet website a description of any flexible repayment options offered by the private education lender for private education loans;
(b) Establish and consistently implement policies and procedures that facilitate the evaluation of private education loan flexible repayment option requests, including, without limitation, policies and procedures that provide accurate information regarding any private education loan flexible repayment option that:
(1) May be available to the private education loan borrower through the promissory note; or
(2) May have been marketed to the private education loan borrower through marketing materials; and
(c) If the private education lender offers flexible repayment options, consistently present and offer similar options to private education loan borrowers with similar financial circumstances; and
(d) Annually issue a letter to the private education loan borrower and cosigner that sets forth, without limitation:
(1) The total cumulative principal and interest amount of all private education loans owed by the private education loan borrower or cosigner to the private education lender;
(2) The total payoff amount of the loans listed in subparagraph (1); and
(3) Estimated monthly payment amounts if the private education loan borrower or cosigner were to enroll in a flexible repayment plan offered by the private education lender.
Sec. 35. A private education lender shall not:
1. Offer any private education loan that does not comply with the provisions of sections 31 to 35, inclusive, of this act, or that is in violation of any other state or federal law.
2. Engage in any unfair, deceptive or abusive act or practice.
3. Make a private education loan upon the security of any assignment of or order for the payment of any salary, wages, commissions or other compensation for services earned, or to be earned. No assignment or order to secure a private education loan may be taken by a private education lender in connection with a private education loan, or for the enforcement or repayment thereof.
κ2023 Statutes of Nevada, Page 2871 (CHAPTER 466, AB 332)κ
lender in connection with a private education loan, or for the enforcement or repayment thereof. Any assignment or order taken or given to secure any loan made by any lender pursuant to sections 31 to 35, inclusive, of this act is void.
4. Make, advertise, print, display, publish, distribute, electronically transmit, telecast or broadcast in any manner any statement or representation that is false, misleading or deceptive.
Sec. 36. A private education lender shall:
1. Establish and maintain records and permit the Division of Financial Institutions to access and copy any records required to be maintained pursuant to the provisions of this chapter; and
2. Retain a loan file, including, without limitation, any record specified for retention by regulations adopted by the Commissioner, for not less than 6 years after the termination of the private education loan account.
Sec. 37. Sections 31 to 37, inclusive, of this act do not exempt a private education lender from complying with any requirement to obtain a license imposed by any other specific statute, including, without limitation, the provisions of chapter 675 of NRS. The Commissioner shall determine the particular license that a private education lender is required to obtain.
Sec. 38. In addition to any other authority provided under this title, the Commissioner may conduct investigations and examinations as follows:
1. For purposes of initial licensing, license renewal, license suspension, license revocation or termination or general or specific inquiry or investigation to determine compliance with this chapter, the Commissioner may access, receive and use any books, accounts, records, files, documents, information or evidence, including, without limitation:
(a) Criminal, civil and administrative history information;
(b) Personal history and experience information, including, without limitation, independent credit reports obtained from a consumer reporting agency described in section 603(p) of the Fair Credit Reporting Act, 15 U.S.C. § 1681a; and
(c) Any other documents, information or evidence the Commissioner deems relevant to the inquiry or investigation regardless of the location, possession, control or custody of such documents, information or evidence.
2. For the purposes of investigating violations or complaints arising under this chapter or for the purposes of examination, the Commissioner may review, investigate or examine any student loan servicer or other person subject to this chapter as often as necessary in order to carry out the purposes of this chapter. The Commissioner may direct, subpoena or order the attendance of and examine under oath any person whose testimony may be required regarding a student education loan, the business of a student loan servicer or the subject matter of any examination or investigation, and may direct, subpoena or order such a person to produce books, accounts, records, files and any other documents the Commissioner deems relevant to the inquiry.
3. In making any examination or investigation authorized by this section, the Commissioner may control access to any documents and records of a student loan servicer or other person under examination or investigation. The Commissioner may take possession of the documents and records or place a person in exclusive charge of the documents and records in the place where they are usually kept.
κ2023 Statutes of Nevada, Page 2872 (CHAPTER 466, AB 332)κ
records in the place where they are usually kept. During the period of control, a person shall not remove or attempt to remove any of the documents and records except pursuant to a court order or with the consent of the Commissioner. Unless the Commissioner has reasonable grounds to believe the documents or records of the student loan servicer or other person under examination or investigation have been, or are at risk of being, altered or destroyed for purposes of concealing a violation of this chapter, the student loan servicer, the other person under examination or investigation or the owner of the documents and records must be allowed access to the documents or records as necessary to conduct ordinary business affairs.
4. At least once each year, the Commissioner or his or her authorized representative shall conduct an investigation and examination of each licensee pursuant to this section.
5. In addition to the fees prescribed in section 16 of this act, if it becomes necessary to examine or investigate the books and records of a licensee pursuant to this chapter, the licensee shall be liable for and shall pay to the Commissioner, within 30 days after the presentation of an itemized statement therefor, an amount determined by the Commissioner at the rate for supervision and examination of a financial institution established and, if applicable, adjusted pursuant to NRS 658.101.
Sec. 39. Each licensee shall pay, in addition to any other assessment, fee or cost required pursuant to this chapter:
1. The assessment levied pursuant to NRS 658.055 to cover all the costs related to the employment by the Commissioner of a certified public accountant and the performance by the certified public accountant of independent audits and examinations; and
2. The assessment levied pursuant to NRS 658.098 to recover the cost of legal services provided by the Attorney General to the Commissioner and to the Division of Financial Institutions.
Sec. 40. 1. The Commissioner may monitor the market for the provision of student loan servicing and student education loans, including, without limitation, private education loans, to identify risks to consumers. In conducting such monitoring, the Commissioner may compile and analyze data and other information to assess:
(a) The likely risk and costs to consumers associated with using or repaying a student education loan or with the servicing of a student education loan;
(b) The understanding by consumers of the risks of a student education loan or the servicing of a student education loan;
(c) The legal protections applicable to the offering or provision of a student education loan or the servicing of a student education loan and the adequacy of those legal protections to protect consumers;
(d) The rates of growth in the offering or provision of a student education loan or the servicing of that loan;
(e) The extent, if any, to which the risks of a student education loan or the servicing of a student education loan disproportionately affect traditionally underserved consumers; and
(f) The type, number and other pertinent characteristics of private education lenders and student loan servicers in this State.
2. To the extent that state law is not preempted by federal law, in conducting monitoring or assessment pursuant to this section the Commissioner may gather information regarding the organization, business conduct, markets and activities of private education lenders and student loan servicers in this State.
κ2023 Statutes of Nevada, Page 2873 (CHAPTER 466, AB 332)κ
Commissioner may gather information regarding the organization, business conduct, markets and activities of private education lenders and student loan servicers in this State. The Commissioner may enter into contracts to perform the activities authorized by this section, as necessary.
3. In order to gather information described in subsection 2, the Commissioner may:
(a) Gather and compile information from a variety of sources, including, without limitation, consumer complaints, voluntary surveys and voluntary interviews of consumers, surveys and interviews of private education lenders and student loan servicers and available databases; and
(b) Require persons engaged in private education lending or student loan servicing in this State to file, under oath or otherwise, in the form and within a reasonable period of time as the Commissioner may prescribe, any annual or special reports or answers in writing to specific questions that the Commissioner deems necessary to carry out the provisions of this section.
4. In addition to any other monitoring activities authorized by this section, the Commissioner may gather and compile information from private education lenders and student loan servicers to assemble data concerning the total size of the student education loan market in this State, the servicing of student education loans owed by borrowers at risk of default, the servicing of private education loans owed by borrowers experiencing financial distress and the servicing of federal student education loans for borrowers who seek to repay their loans under an income-driven repayment plan, as described in 20 U.S.C. §§ 1070 et seq.
5. The Commissioner may, on a quarterly basis, develop and publicize metrics based on data collected pursuant to this section. Such metrics may include, without limitation, relevant performance metrics concerning specifically identified private education lenders and student loan servicers.
6. In conducting the activities authorized by this section, the Commissioner may meet and confer with the Student Loan Ombudsman, designated pursuant to NRS 226.560, the Office of the Attorney General and the Nevada System of Higher Education.
Sec. 41. To carry out the purposes of this chapter, the Commissioner may:
1. Retain attorneys, accountants or other professionals and specialists as examiners, auditors or investigators to conduct or assist in the conduct of examinations or investigations;
2. Enter into agreements or relationships with other governmental officials or regulatory associations to improve efficiency and reduce any regulatory burden by sharing resources, standardizing or making uniform any applicable methods or procedures and sharing documents, records, information or evidence obtained pursuant to this chapter;
3. Use, hire, contract or employ publicly or privately available analytical systems, methods or software to examine or investigate a student loan servicer or other person under examination or investigation;
4. Accept and rely on examination or investigation reports made by other governmental officials, within or outside this State; and
5. Accept audit reports made by an independent certified public accountant for a student loan servicer or other person under examination or investigation in the course of that part of the examination covering the same general subject matter as the audit and may incorporate the audit report in any report of examination, report of investigation or other writing of the Commissioner.
κ2023 Statutes of Nevada, Page 2874 (CHAPTER 466, AB 332)κ
same general subject matter as the audit and may incorporate the audit report in any report of examination, report of investigation or other writing of the Commissioner.
Sec. 42. The authority of the Commissioner pursuant to this chapter with regard to a student loan servicer or other person under examination or investigation remains in effect, without regard to whether the student loan servicer or other person acts or claims to act under any other licensing or registration law of this State, or claims to act without such authority.
Sec. 43. A student loan servicer or other person under examination or investigation pursuant to this chapter shall not knowingly withhold, abstract, remove, mutilate, destroy or secrete any books, records, computer records or other information related to an investigation or examination conducted pursuant to this chapter.
Sec. 44. The Commissioner may, as applicable, deny an application for a license issued pursuant to this chapter or suspend, revoke or refuse to renew a license issued pursuant to this chapter if the Commissioner finds that:
1. The applicant, licensee or a control person of the applicant or licensee has violated any provision of this chapter or any regulation adopted pursuant thereto;
2. With regard to a licensee or a control person of the licensee, any fact or condition exists which, if it had existed at the time of the original application for the license, would have resulted in a denial of the application; or
3. The licensee has failed to pay, within 30 days after receiving an itemized statement or other demand for payment from the Commissioner, any assessment, fee or cost required pursuant to this chapter.
Sec. 45. All fees paid pursuant to this chapter are nonrefundable, including, without limitation, if a license is surrendered, revoked or suspended before the expiration of the period for which it was issued.
Sec. 46. A student loan servicer and private education lender shall comply with all applicable federal laws and regulations relating to student loan servicing or lending, including, without limitation, the Truth in Lending Act, 15 U.S.C. §§ 1601 et seq., and the regulations promulgated thereunder. In addition to any other remedies provided by law, a violation of any such federal law or regulation shall be deemed a violation of this chapter.
Sec. 47. 1. A person who suffers damage as a result of the failure of a student loan servicer or private education lender to comply with the provisions of this chapter may bring an action on his or her own behalf and on behalf of a similarly situated class of persons against that student loan servicer or private education lender to recover or obtain:
(a) Actual damages, but in no case may the total award be less than $500 per plaintiff, per violation;
(b) An order enjoining the methods, acts or practices;
(c) Restitution of property;
(d) Punitive damages;
(e) Attorneys fees; and
(f) Any other relief that the court deems proper.
2. In addition to any other remedies provided by this section or otherwise provided by law, whenever it is proven by a preponderance of the
κ2023 Statutes of Nevada, Page 2875 (CHAPTER 466, AB 332)κ
evidence that a student loan servicer or private education lender has engaged in conduct that substantially interferes with a student loan borrowers right to a flexible payment arrangement, right to the forgiveness, cancellation or discharge of a loan or right to any other financial benefit, as established under the terms of a student loan borrowers promissory note or under the Higher Education Act of 1965, 20 U.S.C. §§ 1071 et seq., and the regulations promulgated thereunder, the court shall award treble actual damages to the plaintiff, but in no case may the total award of damages be less than $1,500 per plaintiff, per violation.
Sec. 48. 1. A violation of any provision of this chapter may also be a violation of chapter 598B of NRS, the Nevada Equal Credit Opportunity Law.
2. In addition to any other remedies provided by this section or otherwise provided by law, whenever it is proven by a preponderance of the evidence in a civil action that a person or entity that makes a student education loan, including, without limitation, a private education lender, has filed information required pursuant to this chapter that is false, the court shall award treble damages to the student loan borrower, including, without limitation, a private education loan borrower, but in no case may the total award of damages in action be less than $1,500.
3. The rights, remedies and penalties provided by this chapter are cumulative and do not abrogate and are in addition to any other rights, remedies and penalties that may exist at law or in equity.
Sec. 49. Except as otherwise provided in this section and NRS 239.0115, any books, records or other information obtained by the Division in connection with an application, complaint, audit, investigation or examination pursuant to this chapter, or in response to a subpoena, are confidential and may be disclosed only to:
1. The Division, any authorized employee or representative of the Division and any state or federal agency investigating the activities covered under the provisions of this chapter; and
2. Any person if the Commissioner, in his or her discretion, determines that the interests of the public that would be protected by disclosure outweigh the interest of any person in the confidential information not being disclosed.
Sec. 50. The Attorney General may bring an action in the name of the State of Nevada to restrain or prevent any violation of this chapter or any continuance of any such violation.
Sec. 51. The Commissioner shall adopt any regulations necessary to carry out the provisions of this chapter.
Sec. 52. NRS 657.005 is hereby amended to read as follows:
657.005 As used in chapters 657 to 671, inclusive, of NRS, and the chapter consisting of sections 2 to 51, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 657.016 to 657.085, inclusive, have the meanings ascribed to them in those sections.
Sec. 53. NRS 658.098 is hereby amended to read as follows:
658.098 1. On a quarterly or other regular basis, the Commissioner shall collect an assessment pursuant to this section from each:
(a) Check-cashing service or deferred deposit loan service that is supervised pursuant to chapter 604A of NRS;
(b) Collection agency that is supervised pursuant to chapter 649 of NRS;
κ2023 Statutes of Nevada, Page 2876 (CHAPTER 466, AB 332)κ
(c) Bank that is supervised pursuant to chapters 657 to 668, inclusive, of NRS;
(d) Trust company or family trust company that is supervised pursuant to chapter 669 or 669A of NRS;
(e) Person engaged in the business of selling or issuing checks or of receiving for transmission or transmitting money or credits that is supervised pursuant to chapter 671 of NRS;
(f) Savings and loan association or savings bank that is supervised pursuant to chapter 673 of NRS;
(g) Person engaged in the business of lending that is supervised pursuant to chapter 675 of NRS;
(h) Thrift company that is supervised pursuant to chapter 677 of NRS; [and]
(i) Credit union that is supervised pursuant to chapter 672 of NRS ; [.]
(j) Consumer litigation funding company that is supervised pursuant to chapter 604C of NRS [.] ; and
(k) Student loan servicer that is supervised pursuant to the chapter consisting of sections 2 to 51, inclusive, of this act.
2. The Commissioner shall determine the total amount of all assessments to be collected from the entities identified in subsection 1, but that amount must not exceed the amount necessary to recover the cost of legal services provided by the Attorney General to the Commissioner and to the Division of Financial Institutions. The total amount of all assessments collected must be reduced by any amounts collected by the Commissioner from an entity for the recovery of the costs of legal services provided by the Attorney General in a specific case.
3. The Commissioner shall collect from each entity identified in subsection 1 an assessment that is based on:
(a) A portion of the total amount of all assessments as determined pursuant to subsection 2, such that the assessment collected from an entity identified in subsection 1 shall bear the same relation to the total amount of all assessments as the total assets of that entity bear to the total of all assets of all entities identified in subsection 1; or
(b) Any other reasonable basis adopted by the Commissioner.
4. The assessment required by this section is in addition to any other assessment, fee or cost required by law to be paid by an entity identified in subsection 1.
5. Money collected by the Commissioner pursuant to this section must be deposited in the State Treasury pursuant to the provisions of NRS 658.091.
Sec. 54. Chapter 226 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Student Loan Ombudsman shall make all complaints received pursuant to NRS 226.570 available to the Office of the Attorney General.
2. The Student Loan Ombudsman and the Attorney General shall enter into an information-sharing agreement for the sharing of complaints between offices.
Sec. 55. NRS 226.500 is hereby amended to read as follows:
226.500 As used in NRS 226.500 to 226.590, inclusive, and section 54 of this act, unless the context otherwise requires, the words and terms defined in NRS 226.510 to 226.550, inclusive, have the meanings ascribed to them in those sections.
κ2023 Statutes of Nevada, Page 2877 (CHAPTER 466, AB 332)κ
Sec. 56. 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, 459.050, 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.
κ2023 Statutes of Nevada, Page 2878 (CHAPTER 466, AB 332)κ
598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2671, 630.2672, 630.2673, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 633.301, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 635.111, 635.158, 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, section 49 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.
4. If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic medium. Nothing in this subsection requires a governmental entity to provide a copy of a public record in an electronic format or by means of an electronic medium if:
κ2023 Statutes of Nevada, Page 2879 (CHAPTER 466, AB 332)κ
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.
Secs. 57-59. (Deleted by amendment.)
Sec. 60. As soon as practicable after January 1, 2024, the Student Loan Ombudsman designated pursuant to NRS 226.560 and the Attorney General shall enter into the information-sharing agreement required by section 54 of this act.
Sec. 61. (Deleted by amendment.)
Sec. 62. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 61, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2024, for all other purposes.
3. Section 17 of this act expires by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has 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 for the support of one or more children,
Κ are repealed by the Congress of the United States.
________
κ2023 Statutes of Nevada, Page 2880κ
Assembly Bill No. 376Committee on Government Affairs
CHAPTER 467
[Approved: June 14, 2023]
AN ACT relating to state employment; establishing provisions governing paid family leave for certain state employees under certain circumstances; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, state employees in the public service are entitled to certain types of leave, including, without limitation, annual, sick and disability leave and leaves of absence under certain provisions. (NRS 284.355, 284.360) Section 1 of this bill provides that an employee of the Executive Department of the State Government is entitled to take 8 weeks of paid family leave over the course of a 12-month period to: (1) bond with a newborn child of the employee or a newborn child of the domestic partner of the employee; (2) bond with a newly adopted child of the employee; (3) recover from or undergo treatment for a serious illness; (4) care for a seriously ill member of the immediate family of the employee; or (5) participate in a qualifying event resulting from the military deployment to a foreign country of an immediate family member of the employee. To be eligible for such paid family leave, section 1 provides that an employee must: (1) be employed by the State for not less than 12 consecutive months; (2) have accrued not less than 40 hours of sick leave; and (3) have used any accrued sick leave in excess of 40 hours before taking paid family leave. Section 1 further: (1) requires an appointing authority to pay an employee on paid family leave 50 percent of the regular wage the employee would have earned if the employee was not on leave; and (2) prohibits the appointing authority or designee of the appointing authority from denying an eligible employee paid family leave or retaliating or taking any adverse action against an employee for taking paid family leave.
Section 2 of this bill makes a conforming change to provide that an employee may use his or her sick leave for the purposes set forth in section 1 before taking paid family leave. Section 3 of this bill makes a conforming change to provide that the provisions authorizing an employee to be granted a leave of absence without pay do not affect the rights of an employee to take paid family leave.
Section 3.5 of this bill makes an appropriation to the Department of Administration for the costs of computer programming to carry out the provisions of this bill.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 284 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section, an employee of the Executive Department of the State Government who has been employed for not less than 12 consecutive months is entitled to take 8 weeks of paid family leave:
(a) To bond with a newborn child of the employee or a newborn child of the domestic partner of the employee;
κ2023 Statutes of Nevada, Page 2881 (CHAPTER 467, AB 376)κ
(b) To bond with a newly adopted child of the employee;
(c) To recover from or undergo treatment for a serious illness;
(d) To care for a seriously ill member of the immediate family of the employee; or
(e) For a qualifying event resulting from the military deployment to a foreign country of an immediate family member of the employee.
2. An employee eligible for paid family leave pursuant to subsection 1 must have not less than 40 hours of sick leave accrued pursuant to NRS 284.355 before taking paid family leave. Any sick leave accrued in excess of 40 hours must be used before taking paid family leave.
3. An appointing authority shall pay an employee on paid family leave 50 percent of the regular wage the employee would have earned if the employee was not on leave.
4. An employee that is entitled to take paid family leave pursuant to subsection 1 is not required to take paid family leave consecutively and may take paid family leave over the course of a 12-month period.
5. An appointing authority or his or her designee shall not deny an eligible employee the right to take paid family leave in accordance with the provisions of this section or retaliate or take any adverse action against an employee for taking paid family leave pursuant to subsection 1.
6. As used in this section:
(a) Domestic partner means a person who is in a domestic partnership which is registered or recognized pursuant to chapter 122A of NRS and which has not been terminated pursuant to that chapter.
(b) Immediate family means a parent, sibling, child by blood, adoption or marriage, spouse, grandparent or grandchild.
(c) Qualifying event means any military event or essential need resulting from the military deployment of an immediate family member. The term includes, without limitation, arranging for child care or parental care during deployment, representing the military family member at a federal, state or local event during deployment and addressing issues due to the death of the military family member.
(d) Serious illness has the meaning ascribed to it in NRS 232.4854.
Sec. 2. NRS 284.355 is hereby amended to read as follows:
284.355 1. Except as otherwise provided in this section, all employees in the public service, whether in the classified or unclassified service, are entitled to sick and disability leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year. After an employee has accumulated 90 working days of sick leave, the amount of additional unused sick leave which the employee is entitled to carry forward from 1 year to the next is limited to one-half of the unused sick leave accrued during that year, but the Commission may by regulation provide for subsequent use of unused sick leave accrued but not carried forward because of this limitation in cases where the employee is suffering from a long-term or chronic illness and has used all sick leave otherwise available to the employee.
2. An employee who is entitled to receive paid family leave pursuant to section 1 of this act may use his or her accrued sick leave for any purpose set forth in subsection 1 of section 1 of this act.
κ2023 Statutes of Nevada, Page 2882 (CHAPTER 467, AB 376)κ
3. Upon the retirement of an employee, the employees termination through no fault of the employee or the employees death while in public employment, the employee or the employees beneficiaries are entitled to payment:
(a) For the employees unused sick leave in excess of 30 days, exclusive of any unused sick leave accrued but not carried forward, according to the employees number of years of public service, except service with a political subdivision of the State, as follows:
(1) For 10 years of service or more but less than 15 years, not more than $2,500.
(2) For 15 years of service or more but less than 20 years, not more than $4,000.
(3) For 20 years of service or more but less than 25 years, not more than $6,000.
(4) For 25 years of service, not more than $8,000.
(b) For the employees unused sick leave accrued but not carried forward, an amount equal to one-half of the sum of:
(1) The employees hours of unused sick leave accrued but not carried forward; and
(2) An additional 120 hours.
[3.] 4. The Commission may by regulation provide for additional sick and disability leave for long-term employees and for prorated sick and disability leave for part-time employees.
[4.] 5. An employee entitled to payment for unused sick leave pursuant to subsection [2] 3 may elect to receive the payment in any one or more of the following forms:
(a) A lump-sum payment.
(b) An advanced payment of the premiums or contributions for insurance coverage for which the employee is otherwise eligible pursuant to chapter 287 of NRS. If the insurance coverage is terminated and the money advanced for premiums or contributions pursuant to this subsection exceeds the amount which is payable for premiums or contributions for the period for which the former employee was actually covered, the unused portion of the advanced payment must be paid promptly to the former employee or, if the employee is deceased, to the employees beneficiary.
(c) The purchase of additional retirement credit, if the employee is otherwise eligible pursuant to chapter 286 of NRS.
[5.] 6. Officers and members of the faculty of the Nevada System of Higher Education are entitled to sick and disability leave as provided by the regulations adopted pursuant to subsection 2 of NRS 284.345.
[6.] 7. The Commission may by regulation provide policies concerning employees with mental or emotional disorders which:
(a) Use a liberal approach to the granting of sick leave or leave without pay to such an employee if it is necessary for the employee to be absent for treatment or temporary hospitalization.
(b) Provide for the retention of the job of such an employee for a reasonable period of absence, and if an extended absence necessitates separation or retirement, provide for the reemployment of such an employee if at all possible after recovery.
κ2023 Statutes of Nevada, Page 2883 (CHAPTER 467, AB 376)κ
(c) Protect employee benefits, including, without limitation, retirement, life insurance and health benefits.
[7.] 8. The Commission shall establish by regulation a schedule for the accrual of sick leave for employees who regularly work more than 40 hours per week or 80 hours biweekly. The schedule must provide for the accrual of sick leave at the same rate proportionately as employees who work a 40-hour week accrue sick leave.
[8.] 9. The Division may investigate any instance in which it believes that an employee has taken sick or disability leave to which the employee was not entitled. If, after notice to the employee and a hearing, the Commission determines that the employee has taken sick or disability leave to which the employee was not entitled, the Commission may order the forfeiture of all or part of the employees accrued sick leave.
Sec. 3. NRS 284.360 is hereby amended to read as follows:
284.360 1. Any person holding a permanent position in the classified service may be granted a leave of absence without pay. Leave of absence may be granted to any person holding a position in the classified service to permit acceptance of an appointive position in the unclassified service. Leave of absence must be granted to any person holding a position in the classified service to permit acceptance of a position in the Legislative Branch during a regular or special session of the Legislature, including a reasonable period before and after the session if the entire period of employment in the Legislative Branch is continuous.
2. If a person is granted a leave of absence without pay to permit acceptance of an appointive position in the unclassified service or a position in the Legislative Branch, any benefits earned while the person is in the:
(a) Classified service are retained and must be paid by the employer in the classified service, whether or not the person returns to the classified service.
(b) Unclassified service or employed by the Legislative Branch are retained and must be paid by the appointing authority in the unclassified service or by the Legislative Branch, if the person does not return to the classified service, or by the employer in the classified service, if the person returns to the classified service.
3. Any person in the unclassified service, except members of the academic staff of the Nevada System of Higher Education, may be granted by the appointing authority a leave of absence without pay for a period not to exceed 6 months.
4. Officers and members of the faculty of the Nevada System of Higher Education may be granted leaves of absence without pay as provided by the regulations prescribed pursuant to subsection 2 of NRS 284.345.
5. Except as otherwise provided in subsection 6, a person in the classified or unclassified service who:
(a) Is the natural parent of a child who is less than 6 months old; or
(b) Has recently adopted a child,
Κ must be granted, upon request, a leave of absence without pay for a period not to exceed 12 weeks. Such a request by natural parents must be submitted at least 3 months before the date upon which the requested leave will begin, unless a shorter notice is approved by the employer. Such a request by adoptive parents must be submitted not fewer than 2 working days after the parents receive notice of the approval of the adoption.
κ2023 Statutes of Nevada, Page 2884 (CHAPTER 467, AB 376)κ
adoptive parents must be submitted not fewer than 2 working days after the parents receive notice of the approval of the adoption. This subsection does not affect the rights of an employee set forth in NRS 284.350 , [or] 284.355 [.] and section 1 of this act.
6. The provisions of subsection 5 are effective only if the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq., or a subsequent federal law ceases to provide for a parental leave of absence of at least 12 weeks.
Sec. 3.5. 1. There is hereby appropriated from the State General Fund to the Department of Administration the sum of $18,154 for the costs of computer programming to carry out the provisions 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. 4. 1. This section and section 3.5 become effective upon passage and approval.
2. Sections 1, 2 and 3 of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2024, for all other purposes.
________
κ2023 Statutes of Nevada, Page 2885κ
Senate Bill No. 35Committee on Health and Human Services
CHAPTER 468
[Approved: June 14, 2023]
AN ACT relating to controlled substances; establishing the crimes of trafficking and high-level trafficking in illicitly manufactured fentanyl, any derivative of fentanyl or any mixture which contains illicitly manufactured fentanyl or any derivative of fentanyl; establishing the crime of intentional misrepresentation of a fentanyl product; requiring each state and local law enforcement agency and the Nevada Sentencing Commission to submit certain reports to the Joint Interim Standing Committee on the Judiciary; requiring, to the extent that money is available, the establishment of certain programs to provide certain offenders or prisoners who have a substance use disorder with medication-assisted treatment; requiring the Joint Interim Standing Committee on the Judiciary to conduct an interim study concerning certain matters relating to forensic laboratories; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that a person who knowingly or intentionally sells, manufactures, delivers or brings into this State or is knowingly or intentionally in actual or constructive possession of a schedule I controlled substance, other than marijuana, a schedule II controlled substance or certain other controlled substances is guilty of: (1) low-level trafficking if the quantity of the controlled substance is 100 grams or more but less than 400 grams; and (2) high-level trafficking if the quantity of the controlled substance is 400 grams or more. A person who commits the crime of: (1) low-level trafficking is guilty of a category B felony and subject to certain prescribed penalties; and (2) high-level trafficking is guilty of a category A felony and subject to certain prescribed penalties. (NRS 453.3385)
Existing regulations of the State Board of Pharmacy include fentanyl in the list of controlled substances in schedule II and various derivatives of fentanyl in the list of controlled substances in schedule I. (NAC 453.510, as amended by LCB File No. R023-21, NAC 453.520) Section 1.5 of this bill establishes the crimes of trafficking and high-level trafficking in illicitly manufactured fentanyl, any derivative of fentanyl or any mixture which contains illicitly manufactured fentanyl or any derivative of fentanyl. Under section 1.5, a person who knowingly or intentionally sells, manufactures, delivers or brings into this State or is knowingly or intentionally in actual or constructive possession of illicitly manufactured fentanyl, any derivative of fentanyl or any mixture which contains illicitly manufactured fentanyl or any derivative of fentanyl is guilty of: (1) trafficking if the quantity involved is 28 grams or more but less than 42 grams; and (2) high-level trafficking if the quantity involved is 42 grams or more but less than 100 grams. Under section 1.5, a person who commits the crime of trafficking or high-level trafficking is guilty of a category B felony and subject to certain prescribed penalties.
Section 1.7 of this bill establishes the crime of intentional misrepresentation of a fentanyl product. Under section 1.7, a person who sells to another person a mixture containing fentanyl and another controlled substance is guilty of intentional misrepresentation of a fentanyl product if the person: (1) knows that the mixture contains fentanyl; and (2) intentionally fails to inform the purchaser that the mixture contains fentanyl. Section 1.7 provides that such a person is guilty of a category B felony and subject to certain prescribed penalties.
κ2023 Statutes of Nevada, Page 2886 (CHAPTER 468, SB 35)κ
Sections 2, 5 and 6 of this bill provide that a person found guilty of intentional misrepresentation of a fentanyl product or trafficking or high-level trafficking in illicitly manufactured fentanyl, any derivative of fentanyl or any mixture which contains illicitly manufactured fentanyl or any derivative of fentanyl is subject to the greater penalty for that crime if the acts constituting the crime could subject the person to a lesser punishment under another statute.
Sections 3-13 of this bill add references to section 1.5 so that the crimes of trafficking and high-level trafficking in illicitly manufactured fentanyl, any derivative of fentanyl or any mixture which contains illicitly manufactured fentanyl or any derivative of fentanyl are treated the same as the crimes of low-level and high-level trafficking involving schedule I controlled substances, other than marijuana, and schedule II controlled substances for certain purposes. Section 12 adds a reference to section 1.7 so that the crime of intentional misrepresentation of a fentanyl product is treated the same as the crime of selling other controlled substances for certain purposes.
Existing law prohibits, with certain exceptions, a court from suspending the sentence of a person convicted of trafficking in a controlled substance. (NRS 453.3405) Section 9 extends this prohibition to a person found guilty of trafficking or high-level trafficking in illicitly manufactured fentanyl, any derivative of fentanyl or any mixture which contains illicitly manufactured fentanyl or any derivative of fentanyl. Section 9 provides an exemption from this prohibition if the person convicted establishes, by a preponderance of the evidence, that he or she did not know that the mixture at issue contained illicitly manufactured fentanyl.
Existing law provides that a person who, in good faith, seeks medical assistance for a person who is experiencing a drug or alcohol overdose or other medical emergency or who seeks such assistance for himself or herself, or who is the subject of a good faith request for such assistance may not be arrested, charged, prosecuted or convicted, or have his or her property subjected to forfeiture, or be otherwise penalized for violating certain provisions of existing law governing controlled substances if the evidence to support the penalty was obtained as a result of the person seeking medical assistance. (NRS 453C.150) Section 10 of this bill includes trafficking and high-level trafficking in illicitly manufactured fentanyl, any derivative of fentanyl or mixture that contains illicitly manufactured fentanyl or any derivative of fentanyl among the offenses for which a person may not be penalized under such circumstances.
Existing law requires the Director of the Department of Corrections to establish one or more programs of treatment for offenders with substance use or co-occurring disorders who have been sentenced to imprisonment in the state prison. (NRS 209.4236, 209.425) Existing law additionally provides that the treatment of a prisoner in a local jail or detention facility who has a substance use disorder may include medication-assisted treatment. (NRS 211.140) Section 12.3 of this bill requires the Director, to the extent that money is available, to establish a program to provide for the treatment of offenders with a substance use disorder using medication-assisted treatment. Section 12.3 requires: (1) the program to provide each eligible offender who participates in the program with appropriate medication-assisted treatment for the period in which the offender is incarcerated; and (2) each offender who the Director has determined has a substance use disorder for which a medication-assisted treatment exists and who meets any reasonable conditions imposed by the Director to be deemed eligible to participate in the program and offered the opportunity to participate. Section 12.3 prohibits the Director from denying an offender the ability to participate in the program or terminating his or her participation in the program for certain reasons. Finally, section 12.3 provides that an offender who participates in the program is not subject to discipline on the basis that the results of a screening test administered to the offender indicated the presence of a controlled substance. Section 12.7 of this bill requires, to the extent that money is available, a sheriff, chief of police or town marshal who is responsible for a county, city or town jail or detention facility to establish a program similar to that set forth in section 12.3 to provide for the treatment of prisoners with a substance use disorder using medication-assisted treatment.
κ2023 Statutes of Nevada, Page 2887 (CHAPTER 468, SB 35)κ
Section 1.8 of this bill requires each state and local law enforcement agency and the Nevada Sentencing Commission to submit to the Joint Interim Standing Committee on the Judiciary on or before March 1 and October 1 of each even-numbered year a report containing certain information regarding: (1) persons who have been charged with trafficking or high-level trafficking in illicitly manufactured fentanyl, any derivative of fentanyl or any mixture that contains illicitly manufactured fentanyl or any derivative of fentanyl or intentional misrepresentation of a fentanyl product; (2) programs for the treatment of persons incarcerated in the state prison or a county, city or town jail or detention facility; and (3) drug overdoses that resulted in the death of certain persons which were due to fentanyl or a controlled substance analog for fentanyl.
Section 14 of this bill requires the Joint Interim Standing Committee on the Judiciary to conduct a study during the 2023-2024 interim concerning the possible upgrading of forensic laboratories in this State to enable such laboratories to perform quantitative testing involving controlled substances.
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 453 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5, 1.7 and 1.8 of this act.
Sec. 1.5. Except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive, a person who knowingly or intentionally sells, manufactures, delivers or brings into this State or who is knowingly or intentionally in actual or constructive possession of illicitly manufactured fentanyl, any derivative of fentanyl or any mixture which contains illicitly manufactured fentanyl or any derivative of fentanyl, unless a greater penalty is provided pursuant to NRS 453.322, if the quantity involved:
1. Is 28 grams or more, but less than 42 grams, is guilty of trafficking and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years.
2. Is 42 grams or more, but less than 100 grams, is guilty of high-level trafficking and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years.
Sec. 1.7. Unless a greater penalty is provided pursuant to NRS 453.333 or 453.334, a person who sells to another person a mixture containing fentanyl and another controlled substance and who:
1. Knows that the mixture contains fentanyl; and
2. Intentionally fails to inform the purchaser that the mixture contains fentanyl,
Κ is guilty of intentional misrepresentation of a fentanyl product and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and by a fine of not more than $50,000.
Sec. 1.8. 1. On or before March 1 and October 1 of each even-numbered year, each law enforcement agency and the Nevada Sentencing Commission, with the assistance of the Department of Sentencing Policy, shall submit to the Joint Interim Standing Committee on the Judiciary a report which must contain the following information, to the extent that such information is in the possession of the agency:
κ2023 Statutes of Nevada, Page 2888 (CHAPTER 468, SB 35)κ
report which must contain the following information, to the extent that such information is in the possession of the agency:
(a) The number of persons that were charged with a violation of section 1.5 or 1.7 of this act in the period since the last report;
(b) For each person who has ever been charged with a violation of section 1.5 or 1.7 of this act, the following information, if the information has not been included in a previous report:
(1) The race, gender, zip code, employment status and age of the person;
(2) Whether another criminal charge was filed in the persons case and, if so, what charge;
(3) Whether the person was represented by court-appointed counsel or otherwise determined to be indigent;
(4) The disposition of the case, including, without limitation, any sentence imposed on the person;
(5) Whether any portion of the sentence of the person was suspended or the person was granted probation and, if so:
(I) Whether the person has successfully completed the suspended sentence or probation; and
(II) Whether the suspension of sentence or probation has been revoked and, if so, whether the revocation was a result of a technical violation or a new criminal case; and
(6) Whether the court ordered the person to complete treatment for a substance use disorder and, if so, the type of treatment so ordered;
(c) The number of deaths in the period since the last report caused by a drug overdose due to fentanyl or a controlled substance analog for fentanyl that occurred in the state prison or any county or city jail or detention facility or other correctional facility in this State or while the deceased person was under a suspended sentence or on probation, parole or pretrial release; and
(d) Any significant developments in the period since the last report concerning any program of treatment implemented for the treatment of persons incarcerated in the state prison or any county, city or town jail or detention facility or other correctional facility in this State who have a substance use disorder using medication-assisted treatment and other appropriate withdrawal management care.
2. As used in this section, law enforcement agency means an agency, office or bureau of this State or a political subdivision of this State, the primary duty of which is to enforce the law.
Sec. 1.9. NRS 453.321 is hereby amended to read as follows:
453.321 1. Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to:
(a) Import, transport, sell, exchange, barter, supply, prescribe, dispense, give away or administer a controlled or counterfeit substance;
(b) Manufacture or compound a counterfeit substance; or
(c) Offer or attempt to do any act set forth in paragraph (a) or (b).
2. Unless a greater penalty is provided in NRS 453.333 or 453.334, or section 1.7 of this act, if a person violates subsection 1 and the controlled substance is classified in schedule I or II, the person shall be punished:
(a) For the first offense, for a category C felony as provided in NRS 193.130.
(b) For a second offense, or if, in the case of a first conviction under this subsection, the offender has previously been convicted of an offense under this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to an offense under this section, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $20,000.
κ2023 Statutes of Nevada, Page 2889 (CHAPTER 468, SB 35)κ
this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to an offense under this section, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $20,000.
(c) For a third or subsequent offense, or if the offender has previously been convicted two or more times under this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to an offense under this section, for a category B felony by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $20,000 for each offense.
3. Unless mitigating circumstances exist that warrant the granting of probation, the court shall not grant probation to or suspend the sentence of a person convicted under subsection 2 and punishable pursuant to paragraph (b) or (c) of subsection 2.
4. Unless a greater penalty is provided in NRS 453.333 or 453.334, if a person violates subsection 1, and the controlled substance is classified in schedule III, IV or V, the person shall be punished:
(a) For the first offense, for a category D felony as provided in NRS 193.130.
(b) For a second offense, or if, in the case of a first conviction of violating this subsection, the offender has previously been convicted of violating this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a violation of this section, for a category C felony as provided in NRS 193.130.
(c) For a third or subsequent offense, or if the offender has previously been convicted two or more times of violating this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a violation of this section, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $15,000 for each offense.
5. Unless mitigating circumstances exist that warrant the granting of probation, the court shall not grant probation to or suspend the sentence of a person convicted under subsection 4 and punishable pursuant to paragraph (b) or (c) of subsection 4.
Sec. 2. NRS 453.322 is hereby amended to read as follows:
453.322 1. Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to knowingly or intentionally:
(a) Manufacture or compound a controlled substance other than marijuana.
(b) Possess, with the intent to manufacture or compound a controlled substance other than marijuana, or sell, exchange, barter, supply, prescribe, dispense or give away, with the intent that the chemical be used to manufacture or compound a controlled substance other than marijuana:
(1) Any chemical identified in subsection 5; or
(2) Any other chemical which is proven by expert testimony to be commonly used in manufacturing or compounding a controlled substance other than marijuana. The district attorney may present expert testimony to provide a prima facie case that any chemical, whether or not it is a chemical identified in subsection 5, is commonly used in manufacturing or compounding such a controlled substance.
κ2023 Statutes of Nevada, Page 2890 (CHAPTER 468, SB 35)κ
identified in subsection 5, is commonly used in manufacturing or compounding such a controlled substance.
Κ The provisions of this paragraph do not apply to a person who, without the intent to commit an unlawful act, possesses any chemical at a laboratory that is licensed to store the chemical.
(c) Offer or attempt to do any act set forth in paragraph (a) or (b).
2. Unless a greater penalty is provided in subsection 3 or NRS 453.3385, or section 1.5 of this act, a person who violates any provision of subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $100,000.
3. If a person violates any provision of subsection 1 by engaging in the manufacturing or compounding of a controlled substance other than marijuana, or by attempting to do so, and the violation causes a fire or explosion, the person is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $100,000.
4. The court shall not grant probation to a person convicted pursuant to this section.
5. The following chemicals are identified for the purposes of subsection 1:
(a) Acetic anhydride.
(b) Acetone.
(c) N-Acetylanthranilic acid, its esters and its salts.
(d) Anthranilic acid, its esters and its salts.
(e) Benzaldehyde, its salts, isomers and salts of isomers.
(f) Benzyl chloride.
(g) Benzyl cyanide.
(h) 1,4-Butanediol.
(i) 2-Butanone (or methyl ethyl ketone or MEK).
(j) Ephedrine, its salts, isomers and salts of isomers.
(k) Ergonovine and its salts.
(l) Ergotamine and its salts.
(m) Ethylamine, its salts, isomers and salts of isomers.
(n) Ethyl ether.
(o) Gamma butyrolactone.
(p) Hydriodic acid, its salts, isomers and salts of isomers.
(q) Hydrochloric gas.
(r) Iodine.
(s) Isosafrole, its salts, isomers and salts of isomers.
(t) Lithium metal.
(u) Methylamine, its salts, isomers and salts of isomers.
(v) 3,4-Methylenedioxy-phenyl-2-propanone.
(w) N-Methylephedrine, its salts, isomers and salts of isomers.
(x) Methyl isobutyl ketone (MIBK).
(y) N-Methylpseudoephedrine, its salts, isomers and salts of isomers.
(z) Nitroethane, its salts, isomers and salts of isomers.
(aa) Norpseudoephedrine, its salts, isomers and salts of isomers.
(bb) Phenylacetic acid, its esters and its salts.
(cc) Phenylpropanolamine, its salts, isomers and salts of isomers.
κ2023 Statutes of Nevada, Page 2891 (CHAPTER 468, SB 35)κ
(dd) Piperidine and its salts.
(ee) Piperonal, its salts, isomers and salts of isomers.
(ff) Potassium permanganate.
(gg) Propionic anhydride, its salts, isomers and salts of isomers.
(hh) Pseudoephedrine, its salts, isomers and salts of isomers.
(ii) Red phosphorous.
(jj) Safrole, its salts, isomers and salts of isomers.
(kk) Sodium metal.
(ll) Sulfuric acid.
(mm) Toluene.
Sec. 3. NRS 453.333 is hereby amended to read as follows:
453.333 If the death of a person is proximately caused by a controlled substance which was sold, given, traded or otherwise made available to him or her by another person in violation of this chapter, the person who sold, gave or traded or otherwise made the substance available to him or her is guilty of murder. If convicted of murder in the second degree, the person is guilty of a category A felony and shall be punished as provided in subsection 5 of NRS 200.030. If convicted of murder in the first degree, the person is guilty of a category A felony and shall be punished as provided in subsection 4 of NRS 200.030, except that the punishment of death may be imposed only if the requirements of paragraph (a) of subsection 4 of that section have been met and if the defendant is or has previously been convicted of violating NRS 453.3385 or 453.339 or section 1.5 of this act or a law of any other jurisdiction which prohibits the same conduct.
Sec. 4. NRS 453.3353 is hereby amended to read as follows:
453.3353 1. Unless a greater penalty is provided by law, and except as otherwise provided in this section and NRS 193.169, if:
(a) A person violates NRS 453.322 or 453.3385, or section 1.5 of this act, and the violation involves the manufacturing or compounding of any controlled substance other than marijuana; and
(b) During the discovery or cleanup of the premises at, on or in which the controlled substance was manufactured or compounded, another person suffers substantial bodily harm other than death as the proximate result of the manufacturing or compounding of the controlled substance,
Κ the person who committed the offense shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the offense. The sentence prescribed by this subsection runs consecutively with the sentence prescribed by statute for the offense.
2. Unless a greater penalty is provided by law, and except as otherwise provided in NRS 193.169, if:
(a) A person violates NRS 453.322 or 453.3385, or section 1.5 of this act, and the violation involves the manufacturing or compounding of any controlled substance other than marijuana; and
(b) During the discovery or cleanup of the premises at, on or in which the controlled substance was manufactured or compounded, another person suffers death as the proximate result of the manufacturing or compounding of the controlled substance,
Κ the offense shall be deemed a category A felony and the person who committed the offense shall be punished by imprisonment in the state prison:
(1) For life without the possibility of parole;
(2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served; or
κ2023 Statutes of Nevada, Page 2892 (CHAPTER 468, SB 35)κ
(3) For a definite term of 50 years, with eligibility for parole beginning when a minimum of 20 years has been served.
3. Subsection 1 does not create a separate offense but provides an additional penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact. Subsection 2 does not create a separate offense but provides an alternative penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact.
4. As used in this section:
(a) Marijuana does not include concentrated cannabis.
(b) Premises means:
(1) Any temporary or permanent structure, including, without limitation, any building, house, room, apartment, tenement, shed, carport, garage, shop, warehouse, store, mill, barn, stable, outhouse or tent; or
(2) Any conveyance, including, without limitation, any vessel, boat, vehicle, airplane, glider, house trailer, travel trailer, motor home or railroad car,
Κ whether located aboveground or underground and whether inhabited or not.
Sec. 5. NRS 453.336 is hereby amended to read as follows:
453.336 1. Except as otherwise provided in subsection 6, a person shall not knowingly or intentionally possess a controlled substance, unless the substance was obtained directly from, or pursuant to, a prescription or order of a physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician, optometrist, advanced practice registered nurse or veterinarian while acting in the course of his or her professional practice, or except as otherwise authorized by the provisions of NRS 453.005 to 453.552, inclusive.
2. Except as otherwise provided in subsections 3, 4 and 5 and in NRS 453.3363, and unless a greater penalty is provided in NRS 212.160, 453.3385 or 453.339, or section 1.5 of this act, a person who violates this section:
(a) For a first or second offense, if the controlled substance is listed in schedule I or II and the quantity possessed is less than 14 grams, or if the controlled substance is listed in schedule III, IV or V and the quantity possessed is less than 28 grams, is guilty of possession of a controlled substance and shall be punished for a category E felony as provided in NRS 193.130. In accordance with NRS 176.211, the court shall defer judgment upon the consent of the person.
(b) For a third or subsequent offense, if the controlled substance is listed in schedule I or II, and the quantity possessed is less than 14 grams, or if the controlled substance is listed in schedule III, IV or V and the quantity possessed is less than 28 grams, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, is guilty of possession of a controlled substance and shall be punished for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.
(c) If the controlled substance is listed in schedule I or II and the quantity possessed is 14 grams or more, but less than 28 grams, or if the controlled substance is listed in schedule III, IV or V and the quantity possessed is 28 grams or more, but less than 200 grams, is guilty of low-level possession of a controlled substance and shall be punished for a category C felony as provided in NRS 193.130.
κ2023 Statutes of Nevada, Page 2893 (CHAPTER 468, SB 35)κ
28 grams or more, but less than 200 grams, is guilty of low-level possession of a controlled substance and shall be punished for a category C felony as provided in NRS 193.130.
(d) If the controlled substance is listed in schedule I or II and the quantity possessed is 28 grams or more, but less than 42 grams, or if the controlled substance is listed in schedule III, IV or V and the quantity possessed is 200 grams or more, is guilty of mid-level possession of a controlled substance and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years and by a fine of not more than $50,000.
(e) If the controlled substance is listed in schedule I or II and the quantity possessed is 42 grams or more, but less than 100 grams, is guilty of high-level possession of a controlled substance and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years and by a fine of not more than $50,000.
3. Unless a greater penalty is provided in NRS 212.160, 453.337 or 453.3385, a person who is convicted of the possession of flunitrazepam or gamma-hydroxybutyrate, or any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.
4. Unless a greater penalty is provided pursuant to NRS 212.160, a person who is convicted of the possession of 1 ounce or less of marijuana is guilty of a misdemeanor and shall be punished by:
(a) Performing not more than 24 hours of community service;
(b) Attending the live meeting described in paragraph (a) of subsection 2 of NRS 484C.530 and complying with any other requirements set forth in that section; or
(c) Being required to undergo an evaluation in accordance with subsection 1 of NRS 484C.350,
Κ or any combination thereof.
5. Unless a greater penalty is provided pursuant to NRS 212.160, a person who is convicted of the possession of more than 1 ounce, but less than 50 pounds, of marijuana or more than one-eighth of an ounce, but less than one pound, of concentrated cannabis is guilty of a category E felony and shall be punished as provided in NRS 193.130.
6. It is not a violation of this section if a person possesses a trace amount of a controlled substance and that trace amount is in or on a hypodermic device obtained from a sterile hypodermic device program pursuant to NRS 439.985 to 439.994, inclusive.
7. The court may grant probation to or suspend the sentence of a person convicted of violating this section.
8. If a person fulfills the terms and conditions imposed for a violation of subsection 4, the court shall, without a hearing, order sealed all documents, papers and exhibits in that persons record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the courts order. The court shall cause a copy of the order to be sent to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order.
κ2023 Statutes of Nevada, Page 2894 (CHAPTER 468, SB 35)κ
9. As used in this section:
(a) Controlled substance includes flunitrazepam, gamma-hydroxybutyrate and each substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor.
(b) Marijuana does not include concentrated cannabis.
(c) Sterile hypodermic device program has the meaning ascribed to it in NRS 439.986.
Sec. 6. NRS 453.337 is hereby amended to read as follows:
453.337 1. Except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to possess for the purpose of sale flunitrazepam, gamma-hydroxybutyrate, any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor or any controlled substance classified in schedule I or II.
2. Unless a greater penalty is provided in NRS 453.3385 or 453.339, or section 1.5 of this act, a person who violates this section shall be punished:
(a) For the first offense, for a category D felony as provided in NRS 193.130.
(b) For a second offense, or if, in the case of a first conviction of violating this section, the offender has previously been convicted of a felony under the Uniform Controlled Substances Act or of an offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a felony under the Uniform Controlled Substances Act, for a category C felony as provided in NRS 193.130.
(c) For a third or subsequent offense, or if the offender has previously been convicted two or more times of a felony under the Uniform Controlled Substances Act or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a felony under the Uniform Controlled Substances Act, for a category B felony by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $20,000 for each offense.
3. Except as otherwise provided in this subsection, unless mitigating circumstances exist that warrant the granting of probation, the court shall not grant probation to or suspend the sentence of a person convicted of violating this section and punishable pursuant to paragraph (b) or (c) of subsection 2. The court shall not grant probation to or suspend the sentence of a person convicted of violating this section, even if mitigating circumstances exist that would otherwise warrant the granting of probation, if the person violated this section by possessing flunitrazepam, gamma-hydroxybutyrate or any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor.
Sec. 7. NRS 453.3383 is hereby amended to read as follows:
453.3383 For the purposes of NRS 453.3385 and 453.339, and section 1.5 of this act, the weight of the controlled substance as represented by the person selling or delivering it is determinative if the weight as represented is greater than the actual weight of the controlled substance.
Sec. 8. (Deleted by amendment.)
Sec. 9. NRS 453.3405 is hereby amended to read as follows:
453.3405 1. Except as otherwise provided in [subsection] subsections 2 [,] and 4, the adjudication of guilt and imposition of sentence of a person found guilty of trafficking in a controlled substance in violation of NRS 453.3385 or 453.339 or section 1.5 of this act must not be suspended and the person is not eligible for parole until the person has actually served the mandatory minimum term of imprisonment prescribed by the section under which the person was convicted.
κ2023 Statutes of Nevada, Page 2895 (CHAPTER 468, SB 35)κ
person is not eligible for parole until the person has actually served the mandatory minimum term of imprisonment prescribed by the section under which the person was convicted.
2. The court, upon an appropriate motion, may reduce or suspend the sentence of any person convicted of violating any of the provisions of NRS 453.3385 or 453.339 or section 1.5 of this act if the court finds that the convicted person rendered substantial assistance in the investigation or prosecution of any offense. The arresting agency must be given an opportunity to be heard before the motion is granted. Upon good cause shown, the motion may be heard in camera.
3. Any appropriate reduction or suspension of a sentence pursuant to subsection 2 must be determined by the court, for reasons stated by the court that may include, without limitation, consideration of the following:
(a) The courts evaluation of the significance and usefulness of the convicted persons assistance, taking into consideration the prosecuting attorneys evaluation of the assistance rendered;
(b) The truthfulness, completeness and reliability of any information or testimony provided by the convicted person;
(c) The nature and extent of the convicted persons assistance;
(d) Any injury suffered or any danger or risk of injury to the convicted person or his or her family resulting from his or her assistance; and
(e) The timeliness of the convicted persons assistance.
4. The court may suspend the sentence of any person convicted of violating any provision of section 1.5 of this act if the person establishes, by a preponderance of the evidence, that the person did not know that the mixture at issue contained illicitly manufactured fentanyl. If a person convicted of violating any provision of section 1.5 of this act claims that he or she did not know that the mixture at issue contained illicitly manufactured fentanyl, the court shall, at sentencing, make findings of fact and state its reasoning on the record as to whether the person has met the burden of proof pursuant to this subsection.
Sec. 10. NRS 453C.150 is hereby amended to read as follows:
453C.150 1. Notwithstanding any other provision of law, a person who, in good faith, seeks medical assistance for a person who is experiencing a drug or alcohol overdose or other medical emergency or who seeks such assistance for himself or herself, or who is the subject of a good faith request for such assistance may not be arrested, charged, prosecuted or convicted, or have his or her property subjected to forfeiture, or be otherwise penalized for violating:
(a) Except as otherwise provided in subsection 4, [a] section 1.5 of this act or any other provision of chapter 453 of NRS relating to:
(1) Drug paraphernalia, including, without limitation, NRS 453.554 to 453.566, inclusive;
(2) Possession, unless it is for the purpose of sale or violates the provisions of NRS 453.3385, subsection 2 of NRS 453.3393 or 453.3405; or
(3) Use of a controlled substance, including, without limitation, NRS 453.336;
(b) A local ordinance as described in NRS 453.3361 that establishes an offense that is similar to an offense set forth in NRS 453.336;
(c) A restraining order; or
(d) A condition of the persons parole or probation,
κ2023 Statutes of Nevada, Page 2896 (CHAPTER 468, SB 35)κ
Κ if the evidence to support the arrest, charge, prosecution, conviction, seizure or penalty was obtained as a result of the person seeking medical assistance.
2. A court, before sentencing a person who has been convicted of a violation of chapter 453 of NRS for which immunity is not provided by this section, shall consider in mitigation any evidence or information that the defendant, in good faith, sought medical assistance for a person who was experiencing a drug or alcohol overdose or other life-threatening emergency in connection with the events that constituted the violation.
3. For the purposes of this section, a person seeks medical assistance if the person:
(a) Reports a drug or alcohol overdose or other medical emergency to a member of a law enforcement agency, a 911 emergency service, a poison control center, a medical facility or a provider of emergency medical services;
(b) Assists another person making such a report;
(c) Provides care to a person who is experiencing a drug or alcohol overdose or other medical emergency while awaiting the arrival of medical assistance; or
(d) Delivers a person who is experiencing a drug or alcohol overdose or other medical emergency to a medical facility and notifies the appropriate authorities.
4. The provisions of this section do not prohibit any governmental entity from taking any actions required or authorized by chapter 432B of NRS relating to the abuse or neglect of a child.
5. As used in this section, drug or alcohol overdose means a condition, including, without limitation, extreme physical illness, a decreased level of consciousness, respiratory depression, coma, mania or death which is caused by the consumption or use of a controlled substance or alcohol, or another substance with which a controlled substance or alcohol was combined, or that an ordinary layperson would reasonably believe to be a drug or alcohol overdose that requires medical assistance.
Sec. 11. NRS 179A.075 is hereby amended to read as follows:
179A.075 1. The Central Repository for Nevada Records of Criminal History is hereby created within the Records, Communications and Compliance Division of the Department.
2. Each agency of criminal justice and any other agency dealing with crime shall:
(a) Collect and maintain records, reports and compilations of statistical data required by the Department; and
(b) Submit the information collected to the Central Repository:
(1) In the manner approved by the Director of the Department; and
(2) In accordance with the policies, procedures and definitions of the Uniform Crime Reporting Program of the Federal Bureau of Investigation.
3. Each agency of criminal justice shall submit the information relating to records of criminal history that it creates, issues or collects, and any information in its possession relating to the DNA profile of a person from whom a biological specimen is obtained pursuant to NRS 176.09123 or 176.0913, to the Division. The information must be submitted to the Division:
(a) Through an electronic network;
(b) On a medium of magnetic storage; or
(c) In the manner prescribed by the Director of the Department,
κ2023 Statutes of Nevada, Page 2897 (CHAPTER 468, SB 35)κ
Κ within 60 days after the date of the disposition of the case. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the Division. The Division shall delete all references in the Central Repository relating to that particular arrest.
4. Each state and local law enforcement agency shall submit Uniform Crime Reports to the Central Repository:
(a) In the manner prescribed by the Director of the Department;
(b) In accordance with the policies, procedures and definitions of the Uniform Crime Reporting Program of the Federal Bureau of Investigation; and
(c) Within the time prescribed by the Director of the Department.
5. The Division shall, in the manner prescribed by the Director of the Department:
(a) Collect, maintain and arrange all information submitted to it relating to:
(1) Records of criminal history; and
(2) The DNA profile of a person from whom a biological specimen is obtained pursuant to NRS 176.09123 or 176.0913.
(b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him or her.
(c) Upon request, provide, in paper or electronic form, the information that is contained in the Central Repository to the Committee on Domestic Violence appointed pursuant to NRS 228.470 when, pursuant to NRS 228.495, the Committee is reviewing the death of the victim of a crime that constitutes domestic violence pursuant to NRS 33.018.
6. The Division may:
(a) Disseminate any information which is contained in the Central Repository to any other agency of criminal justice;
(b) Enter into cooperative agreements with repositories of the United States and other states to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and
(c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints or other biometric identifier the Central Repository submits to the Federal Bureau of Investigation and:
(1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;
(2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;
(3) Who has applied to any agency of the State of Nevada or any political subdivision thereof to attend an academy for training peace officers approved by the Peace Officers Standards and Training Commission;
(4) For whom such information is required or authorized to be obtained pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.123 and 449.4329; or
κ2023 Statutes of Nevada, Page 2898 (CHAPTER 468, SB 35)κ
(5) About whom any agency of the State of Nevada or any political subdivision thereof is authorized by law to have accurate personal information for the protection of the agency or the persons within its jurisdiction.
7. To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to subsection 6, the Central Repository must receive:
(a) The persons complete set of fingerprints for the purposes of:
(1) Booking the person into a city or county jail or detention facility;
(2) Employment;
(3) Contractual services; or
(4) Services related to occupational licensing;
(b) One or more of the persons fingerprints for the purposes of mobile identification by an agency of criminal justice; or
(c) Any other biometric identifier of the person as it may require for the purposes of:
(1) Arrest; or
(2) Criminal investigation,
Κ from the agency of criminal justice or agency of the State of Nevada or any political subdivision thereof and submit the received data to the Federal Bureau of Investigation for its report.
8. The Central Repository shall:
(a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.
(b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.
(c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the Central Repository.
(d) Investigate the criminal history of any person who:
(1) Has applied to the Superintendent of Public Instruction for the issuance or renewal of a license;
(2) Has applied to a county school district, charter school or private school for employment or to serve as a volunteer; or
(3) Is employed by or volunteers for a county school district, charter school or private school,
Κ and immediately notify the superintendent of each county school district, the governing body of each charter school and the Superintendent of Public Instruction, or the administrator of each private school, as appropriate, if the investigation of the Central Repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385 or 453.339, or section 1.5 of this act, or convicted of a felony or any offense involving moral turpitude.
(e) Upon discovery, immediately notify the superintendent of each county school district, the governing body of each charter school or the administrator of each private school, as appropriate, by providing the superintendent, governing body or administrator with a list of all persons:
(1) Investigated pursuant to paragraph (d); or
(2) Employed by or volunteering for a county school district, charter school or private school whose fingerprints were sent previously to the Central Repository for investigation,
κ2023 Statutes of Nevada, Page 2899 (CHAPTER 468, SB 35)κ
Κ who the Central Repositorys records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385 or 453.339, or section 1.5 of this act, or convicted of a felony or any offense involving moral turpitude since the Central Repositorys initial investigation. The superintendent of each county school district, the governing body of a charter school or the administrator of each private school, as applicable, shall determine whether further investigation or action by the district, charter school or private school, as applicable, is appropriate.
(f) Investigate the criminal history of each person who submits one or more fingerprints or other biometric identifier or has such data submitted pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.122, 449.123 or 449.4329.
(g) Provide an electronic means to access on the Central Repositorys Internet website statistical data relating to crime.
(h) Provide an electronic means to access on the Central Repositorys Internet website statistical data about domestic violence in this State.
(i) Identify and review the collection and processing of statistical data relating to criminal justice by any agency identified in subsection 2 and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.
(j) Adopt regulations governing biometric identifiers and the information and data derived from biometric identifiers, including, without limitation:
(1) Their collection, use, safeguarding, handling, retention, storage, dissemination and destruction; and
(2) The methods by which a person may request the removal of his or her biometric identifiers from the Central Repository and any other agency where his or her biometric identifiers have been stored.
9. The Central Repository may:
(a) In the manner prescribed by the Director of the Department, disseminate compilations of statistical data and publish statistical reports relating to crime.
(b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The Central Repository may not collect such a fee from an agency of criminal justice or any other agency dealing with crime which is required to submit information pursuant to subsection 2. All money collected pursuant to this paragraph must be used to pay for the cost of operating the Central Repository.
(c) In the manner prescribed by the Director of the Department, use electronic means to receive and disseminate information contained in the Central Repository that it is authorized to disseminate pursuant to the provisions of this chapter.
10. As used in this section:
(a) Mobile identification means the collection, storage, transmission, reception, search, access or processing of a biometric identifier using a handheld device.
(b) Personal identifying information means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:
(1) The name, drivers license number, social security number, date of birth and photograph or computer-generated image of a person; and
(2) A biometric identifier of a person.
(c) Private school has the meaning ascribed to it in NRS 394.103.
κ2023 Statutes of Nevada, Page 2900 (CHAPTER 468, SB 35)κ
Sec. 12. NRS 207.360 is hereby amended to read as follows:
207.360 Crime related to racketeering means the commission of, attempt to commit or conspiracy to commit any of the following crimes:
1. Murder;
2. Manslaughter, except vehicular manslaughter as described in NRS 484B.657;
3. Mayhem;
4. Battery which is punished as a felony;
5. Kidnapping;
6. Sexual assault;
7. Arson;
8. Robbery;
9. Taking property from another under circumstances not amounting to robbery;
10. Extortion;
11. Statutory sexual seduction;
12. Extortionate collection of debt in violation of NRS 205.322;
13. Forgery, including, without limitation, forgery of a credit card or debit card in violation of NRS 205.740;
14. Obtaining and using personal identifying information of another person in violation of NRS 205.463;
15. Establishing or possessing a financial forgery laboratory in violation of NRS 205.46513;
16. Any violation of NRS 199.280 which is punished as a felony;
17. Burglary;
18. Grand larceny;
19. Bribery or asking for or receiving a bribe in violation of chapter 197 or 199 of NRS which is punished as a felony;
20. Battery with intent to commit a crime in violation of NRS 200.400;
21. Assault with a deadly weapon;
22. Any violation of NRS 453.232, 453.316 to 453.339, inclusive, and sections 1.5 and 1.7 of this act, or NRS 453.375 to 453.401, inclusive;
23. Receiving or transferring a stolen vehicle;
24. Any violation of NRS 202.260, 202.275 or 202.350 which is punished as a felony;
25. Any violation of subsection 2 or 3 of NRS 463.360 or chapter 465 of NRS;
26. Receiving, possessing or withholding stolen goods valued at $650 or more;
27. Embezzlement of money or property valued at $650 or more;
28. Obtaining possession of money or property valued at $650 or more, or obtaining a signature by means of false pretenses;
29. Perjury or subornation of perjury;
30. Offering false evidence;
31. Any violation of NRS 201.300, 201.320, 201.360 or 201.395;
32. Any violation of NRS 90.570, 91.230 or 686A.290, or insurance fraud pursuant to NRS 686A.291;
33. Any violation of NRS 205.506, 205.920 or 205.930;
34. Any violation of NRS 202.445 or 202.446;
35. Any violation of NRS 205.377;
36. Involuntary servitude in violation of any provision of NRS 200.463 or 200.464 or a violation of any provision of NRS 200.465; or
κ2023 Statutes of Nevada, Page 2901 (CHAPTER 468, SB 35)κ
37. Trafficking in persons in violation of any provision of NRS 200.467 or 200.468.
Sec. 12.3. Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:
1. To the extent that money is available, the Director shall, with the approval of the Board, establish a program of treatment for offenders with a substance use disorder using medication-assisted treatment.
2. The program established pursuant to subsection 1 must:
(a) Provide each eligible offender who participates in the program with appropriate medication-assisted treatment for the period in which the offender is incarcerated; and
(b) Require that all decisions regarding the type, dosage or duration of any medication administered to an eligible offender as part of his or her medication-assisted treatment be made by a treating physician and the eligible offender.
3. Except as otherwise provided in this section, any offender who the Director has determined has a substance use disorder for which a medication-assisted treatment exists and who meets any reasonable conditions imposed by the Director pursuant to subsection 4 is eligible to participate in the program established pursuant to subsection 1 and must be offered the opportunity to participate. If an offender received medication-assisted treatment immediately preceding his or her incarceration, the offender is eligible to continue that medication-assisted treatment as a participant in the program. Participation in the program must be voluntary.
4. Except as otherwise provided in this subsection, the Director may impose reasonable conditions for an offender to be eligible to participate in the program established pursuant to subsection 1 and to continue his or her participation in the program. The Director shall not deny an offender the ability to participate in the program or terminate the participation of an offender in the program on the basis that:
(a) The results of a screening test administered to the offender upon the commencement of his or her incarceration or upon the commencement of his or her participation in the program indicated the presence of a controlled substance; or
(b) The offender committed an infraction of the rules of the institution or facility before or during the participation of the offender in the program.
5. An offender who participates in the program established pursuant to subsection 1 is not subject to discipline on the basis that the results of a screening test administered to the offender during his or her participation in the program indicated the presence of a controlled substance.
6. As used in this section, medication-assisted treatment means treatment for a substance use disorder using medication approved by the United States Food and Drug Administration for that purpose.
Sec. 12.7. Chapter 211 of NRS is hereby amended by adding thereto a new section to read as follows:
1. To the extent that money is available, a sheriff, chief of police or town marshal who is responsible for a county, city or town jail or detention facility shall establish a program to provide for the treatment of prisoners with a substance use disorder using medication-assisted treatment.
2. The program established pursuant to subsection 1 must:
κ2023 Statutes of Nevada, Page 2902 (CHAPTER 468, SB 35)κ
(a) Provide each eligible prisoner who participates in the program with appropriate medication-assisted treatment for the period in which the prisoner is incarcerated; and
(b) Require that all decisions regarding the type, dosage or duration of any medication administered to an eligible prisoner as part of his or her medication-assisted treatment be made by a treating physician and the eligible prisoner.
3. Except as otherwise provided in this section, any prisoner who the sheriff, chief of police or town marshal has determined has a substance use disorder for which a medication-assisted treatment exists and who meets any reasonable conditions imposed by the sheriff, chief of police or town marshal pursuant to subsection 4 is eligible to participate in the program established pursuant to subsection 1 and must be offered the opportunity to participate. If a prisoner received medication-assisted treatment immediately preceding his or her incarceration, the prisoner is eligible to continue that medication-assisted treatment as a participant in the program. Participation in the program must be voluntary.
4. Except as otherwise provided in this subsection, the sheriff, chief of police or town marshal may impose reasonable conditions for a prisoner to be eligible to participate in the program established pursuant to subsection 1 and to continue his or her participation in the program. The sheriff, chief of police or town marshal shall not deny a prisoner the ability to participate in the program or terminate the participation of a prisoner in the program on the basis that:
(a) The results of a screening test administered to the prisoner upon the commencement of his or her incarceration or upon the commencement of his or her participation in the program indicated the presence of a controlled substance; or
(b) The prisoner committed an infraction of the rules of the county, city or town jail or detention facility before or during the participation of the prisoner in the program.
5. A prisoner who participates in the program established pursuant to subsection 1 is not subject to discipline on the basis that the results of a screening test administered to the prisoner during his or her participation in the program indicated the presence of a controlled substance.
6. As used in this section, medication-assisted treatment means treatment for a substance use disorder using medication approved by the United States Food and Drug Administration for that purpose.
Sec. 13. 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, and section 1.5 of this act, 453.560 or 453.562; or
κ2023 Statutes of Nevada, Page 2903 (CHAPTER 468, SB 35)κ
207.260, 453.316 to 453.336, inclusive, except an act forbidden by NRS 453.337, 453.338, 453.3385 to 453.3405, inclusive, and section 1.5 of this act, 453.560 or 453.562; or
(b) An act forbidden by NRS 201.540 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. 14. 1. The Joint Interim Standing Committee on the Judiciary shall conduct a study during the 2023-2024 interim concerning the possible upgrading of forensic laboratories in this State to enable such laboratories to perform quantitative testing involving controlled substances. The study must include, without limitation, an analysis of:
(a) The costs and benefits of performing such upgrades; and
(b) The impact of such upgrades on this State.
2. The Committee shall include its finding and recommendations for legislation relating to the study in the report required by subsection 4 of NRS 218E.330 to be prepared and submitted to the Director of the Legislative Counsel Bureau for transmittal to the 83rd Session of the Legislature.
Sec. 15. Notwithstanding the provisions of section 1.8 of this act, each law enforcement agency and the Nevada Sentencing Commission shall submit to the Joint Interim Standing Committee on the Judiciary the first report required by that section on or before March 1, 2024. For the purposes of the first report submitted by an agency pursuant to this section, any reference in section 1.8 of this act to the period since the last report shall be deemed to refer to the period beginning on October 1, 2023, and ending on the date on which the first report is submitted by the agency.
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.
________
κ2023 Statutes of Nevada, Page 2904κ
Assembly Bill No. 286Assemblymen Brittney Miller, C.H. Miller; Anderson, Backus, Bilbray-Axelrod, Cohen, Considine, DSilva, Duran, Gonzαlez, Gorelow, La Rue Hatch, Marzola, Monroe-Moreno, Mosca, Newby, Nguyen, Peters, Summers-Armstrong, Taylor, Thomas, Torres and Watts
CHAPTER 469
[Approved: June 14, 2023]
AN ACT relating to elections; requiring a person who administers a county or city jail to establish a policy that ensures a person who is detained in the jail may register to vote and vote in an election; requiring the person who administers a county or city jail to submit a report to the Secretary of State after each election; prohibiting electioneering near certain areas of a jail; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires a county clerk to cancel the registration of a voter upon the determination that the person has been convicted of a felony and is currently incarcerated. (NRS 293.540) Unless a person has been convicted of a felony, existing law does not prohibit a person who is detained in a county or city jail from registering to vote or voting in an election.
Section 5 of this bill requires each person who administers a county or city jail to establish a policy that ensures that: (1) a person who is detained in the jail and is a registered voter may vote in each primary election, presidential preference primary election, primary city election, general election and general city election in which the person is eligible to vote; and (2) a person detained in the jail and is a qualified elector may register to vote in each such election. Section 5 requires such a policy to: (1) be developed in coordination with the county clerk and, if applicable, the city clerk; (2) be consistent with existing provisions of law relating to elections; (3) ensure the safety of any election board officer or other person who assists in the conduct of registering to vote or voting at the jail; (4) ensure that a person who registers to vote or votes in jail may do so without coercion or intimidation; (5) ensure the secrecy of the ballot; and (6) set forth a process for same-day voter registration. Section 5 further requires the jail to post in a prominent location and set forth in the handbook for detained persons certain information relating to elections and voting in the jail.
Section 7 of this bill requires each county or city jail to: (1) provide each person detained in the jail with a reasonable amount of privacy to vote; (2) provide each person detained in the jail with a pen to vote his or her mail ballot; (3) allow the county clerk to establish a process for the collection of mail ballots in the jail; and (4) allow a person, under certain circumstances, to cure any defect in a signature on a mail ballot.
Section 8 of this bill requires each person who administers a county or city jail to submit a report to the Secretary of State not later than 30 days after each primary election, presidential preference primary election, general election, primary city election and general city election.
Sections 16.5 and 16.7 of this bill prohibit electioneering near the area of a county or city jail where a person detained in the jail may vote.
κ2023 Statutes of Nevada, Page 2905 (CHAPTER 469, AB 286)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 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Secs. 2-4. (Deleted by amendment.)
Sec. 5. 1. Each person who administers a county or city jail shall establish a policy that ensures that:
(a) A person who is detained in the jail and is a registered voter may vote in each primary election, presidential preference primary election, primary city election, general election and general city election in which the person is eligible to vote; and
(b) A person who is detained in the jail and is a qualified elector may register to vote in each primary election, presidential preference primary election, primary city election, general election and general city election in which the person is eligible to register to vote.
2. If qualified electors or registered voters of a county are detained in a jail or facility located in another county pursuant to an agreement entered into pursuant to subsection 2 of NRS 211.010, the county clerk shall coordinate with the person who administers the jail in the county where such qualified electors or registered voters are detained to establish a procedure for those persons to register to vote and vote.
3. Each policy or procedure established pursuant to subsection 1 or 2, as applicable, must:
(a) Be developed in coordination with the county clerk and, if applicable, the city clerk;
(b) Be consistent with the provisions of this title relating to elections;
(c) Ensure the safety of any election board officer or other person who assists in the conduct of registering to vote or voting at the jail;
(d) Ensure that a person who registers to vote or votes in a jail may do so without coercion or intimidation;
(e) Ensure the secrecy of the ballot, including, without limitation, the mail ballot; and
(f) Set forth a process that allows for same-day voter registration and allows a family member of a person detained in the jail to provide the person in the jail with the necessary information to register to vote on the day of the election pursuant to NRS 293.5847.
4. Each county or city jail shall post in a prominent location and set forth in the handbook for detained persons information relating to elections and voting in the jail, including, without limitation, qualifications to register to vote and to vote and the options and procedures for registering to vote and voting at the jail.
5. Nothing in this section authorizes a person convicted of a felony in this State who has not had his or her right to vote restored pursuant to NRS 213.157 to vote or to register to vote.
6. The Secretary of State shall adopt regulations to carry out the provisions of this section.
Sec. 6. (Deleted by amendment.)
κ2023 Statutes of Nevada, Page 2906 (CHAPTER 469, AB 286)κ
Sec. 7. 1. Each county or city jail shall:
(a) Provide each person detained in the jail with a reasonable amount of privacy to vote, which may, without limitation, be in a common area, visitation area, room or cell;
(b) Provide each person detained in the jail with a pen with black or blue ink to vote his or her mail ballot;
(c) Allow the county clerk to establish a process for the collection of the mail ballots voted by persons detained in the jail that includes a method for documenting the chain of custody of mail ballots; and
(d) If applicable, allow the person to cure any defect in the signature on a mail ballot pursuant to NRS 293.269927.
2. A county or city jail shall not open a mail ballot after a prisoner has voted and sealed the mail ballot.
Sec. 8. Not later than 30 days after each primary election, presidential preference primary election, primary city election, general election and general city election, each person who administers a county jail or city jail shall submit in a report to the Secretary of State:
1. An explanation of the process the jail used to comply with the requirements of sections 5 and 7 of this act for the election; and
2. A summary of each complaint received by the jail from a person detained in the jail relating to registering to vote or voting in the election.
Secs. 9-16 and 16.3. (Deleted by amendment.)
Sec. 16.5. NRS 293.361 is hereby amended to read as follows:
293.361 1. During the time a polling place for early voting is open for voting, a person may not electioneer for or against any candidate, measure or political party in or within 100 feet from the entrance to the voting area. During the time that a person detained in a county or city jail may vote in the jail, a person may not electioneer for or against any candidate, measure or political party in or within 100 feet from the entrance of the voting area of the jail.
2. During the period of early voting, the county clerk shall keep continuously posted:
(a) At the entrance to the room or area, as applicable, in which the polling place for early voting is located a sign on which is printed in large letters Polling Place for Early Voting; and
(b) At the outer limits of the area within which electioneering is prohibited, a sign on which is printed in large letters Distance Marker: No electioneering between this point and the entrance to the polling place.
3. Ropes or other suitable objects may be used at the polling place to ensure compliance with this section. Persons who are not expressly permitted by law to be in a polling place must be excluded from the polling place to the extent practicable.
4. Any person who willfully violates the provisions of this section is guilty of a gross misdemeanor.
Sec. 16.7. NRS 293.740 is hereby amended to read as follows:
293.740 1. Except as otherwise provided in subsection 2, it is unlawful inside a polling place , [or] within 100 feet from the entrance to the building or other structure in which a polling place is located [:] , inside the area of a county or city jail where a person detained in the jail may vote or within 100 feet from the entrance of the area in a jail where a person detained in the jail may vote:
κ2023 Statutes of Nevada, Page 2907 (CHAPTER 469, AB 286)κ
(a) For any person to solicit a vote or speak to a voter on the subject of marking the voters ballot.
(b) For any person, including an election board officer, to do any electioneering on election day.
Κ The county clerk or registrar of voters shall ensure that, at the outer limits of the area within which electioneering is prohibited, notices are continuously posted on which are printed in large letters Distance Marker: No electioneering between this point and the entrance to the polling place.
2. The provisions of subsection 1 do not apply to the conduct of a person in a private residence or on commercial or residential property that is within 100 feet from the entrance to a building or other structure in which a polling place is located. The provisions of subsection 1 are not intended to prohibit a person from voting solely because he or she is wearing a prohibited political insigne and is reasonably unable to remove the insigne or cover it. In such a case, the election board officer shall take such action as is necessary to allow the voter to vote as expediently as possible and then assist the voter in exiting the polling place as soon as is possible.
3. Any person who violates any provision of this section is guilty of a gross misdemeanor.
4. As used in this section, electioneering means campaigning for or against a candidate, ballot question or political party by:
(a) Posting signs relating to the support of or opposition to a candidate, ballot question or political party;
(b) Distributing literature relating to the support of or opposition to a candidate, ballot question or political party;
(c) Using loudspeakers to broadcast information relating to the support of or opposition to a candidate, ballot question or political party;
(d) Buying, selling, wearing or displaying any badge, button or other insigne which is designed or tends to aid or promote the success or defeat of any political party or a candidate or ballot question to be voted upon at that election; or
(e) Soliciting signatures to any kind of petition.
Sec. 17. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 18. 1. This section and section 17 of this act become effective upon passage and approval.
2. Sections 1 to 16.7, inclusive, of this act, become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2024, for all other purposes.
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κ2023 Statutes of Nevada, Page 2908κ
Assembly Bill No. 257Assemblywoman Summers-Armstrong
CHAPTER 470
[Approved: June 15, 2023]
AN ACT relating to forensic medical examinations; requiring the county in whose jurisdiction a domestic violence battery by strangulation is committed to pay the costs of a strangulation forensic medical examination of the victim; authorizing a county to be reimbursed for such costs, to the extent that money is available from legislative appropriation; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law: (1) requires a county in whose jurisdiction a sexual assault is committed to pay for the costs of a forensic medical examination of the victim; and (2) provides that such costs must not be charged directly to the victim. (NRS 217.300) Section 1 of this bill similarly: (1) requires a county in whose jurisdiction a domestic violence battery by strangulation was committed to pay for the costs of a strangulation forensic medical examination of the victim; and (2) provides that such costs must not be charged directly to the victim.
Section 1 additionally provides that a county which pays such costs may receive reimbursement from the State, to the extent that money is available for that purpose from legislative appropriation.
Section 3 of this bill makes a conforming change to indicate the proper placement of section 1 in the Nevada Revised Statutes.
Section 3.5 of this bill makes an appropriation to the Division of Child and Family Services of the Department of Health and Human Services for the purpose of reimbursing counties for costs incurred by the counties in complying with the requirements prescribed by 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. Chapter 217 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The county in whose jurisdiction a domestic violence battery by strangulation is committed shall pay any costs incurred by a hospital for a strangulation forensic medical examination of the victim.
2. Any costs incurred pursuant to subsection 1:
(a) Must not be charged directly to the victim.
(b) Must be charged to the county in whose jurisdiction the offense was committed.
3. A county which pays costs related to a strangulation forensic medical examination pursuant to subsection 1 may, to the extent that money is available for that purpose from legislative appropriation, receive reimbursement from the State.
4. The filing of a report with the appropriate law enforcement agency must not be a prerequisite to qualify for a strangulation forensic medical examination pursuant to this section.
κ2023 Statutes of Nevada, Page 2909 (CHAPTER 470, AB 257)κ
5. Nothing in this section shall be construed to prohibit the use of evidence obtained from a strangulation forensic medical examination during the investigation or prosecution of a person for domestic violence battery by strangulation.
6. As used in this section:
(a) Domestic violence battery by strangulation means a battery which constitutes domestic violence pursuant to NRS 33.018 that is committed by strangulation as described in NRS 200.481.
(b) Strangulation forensic medical examination means an examination conducted by a health care provider for the purpose of assessing the health care needs of a victim of a domestic violence battery by strangulation and coordinating the treatment of any injuries of the victim.
Sec. 2. (Deleted by amendment.)
Sec. 3. NRS 217.400 is hereby amended to read as follows:
217.400 As used in NRS 217.400 to 217.475, inclusive, and section 1 of this act, unless the context otherwise requires:
1. Dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.
2. Division means the Division of Child and Family Services of the Department of Health and Human Services.
3. Domestic violence means:
(a) The attempt to cause or the causing of bodily injury to a family or household member or the placing of the member in fear of imminent physical harm by threat of force.
(b) Any of the following acts committed by a person against a family or household member, a person with whom he or she had or is having a dating relationship or with whom he or she has a child in common, or upon his or her minor child or a minor child of that person:
(1) A battery.
(2) An assault.
(3) Compelling the other by force or threat of force to perform an act from which he or she has the right to refrain or to refrain from an act which he or she has the right to perform.
(4) A sexual assault.
(5) A knowing, purposeful or reckless course of conduct intended to harass the other. Such conduct may include, without limitation:
(I) Stalking.
(II) Arson.
(III) Trespassing.
(IV) Larceny.
(V) Destruction of private property.
(VI) Carrying a concealed weapon without a permit.
(6) False imprisonment.
(7) Unlawful entry of the others residence, or forcible entry against the others will if there is a reasonably foreseeable risk of harm to the other from the entry.
4. Family or household member means a spouse, a former spouse, a parent or other adult person who is related by blood or marriage or is or was actually residing with the person committing the act of domestic violence.
κ2023 Statutes of Nevada, Page 2910 (CHAPTER 470, AB 257)κ
5. Participant means an adult, child or incapacitated person for whom a fictitious address has been issued pursuant to NRS 217.462 to 217.471, inclusive.
6. Victim of domestic violence includes the dependent children of the victim.
7. Victim of human trafficking means a person who is a victim of:
(a) Involuntary servitude as set forth in NRS 200.463 or 200.464.
(b) A violation of any provision of NRS 200.465.
(c) Trafficking in persons in violation of any provision of NRS 200.467 or 200.468.
(d) Sex trafficking in violation of any provision of NRS 201.300.
(e) A violation of NRS 201.320 or 201.395.
8. Victim of sexual assault and victim of sexual violence mean a person who has been sexually assaulted as defined in NRS 200.366 or a person upon whom a sexual assault has been attempted.
9. Victim of stalking means a person who is a victim of the crime of stalking or aggravated stalking as set forth in NRS 200.575.
Sec. 3.5. 1. There is hereby appropriated from the State General Fund to the Division of Child and Family Services of the Department of Health and Human Services for the purpose of reimbursing counties for costs incurred by the counties in complying with the requirements prescribed by section 1 of this act the following sums:
For the Fiscal Year 2023-2024................................................. $1,080,000
For the Fiscal Year 2024-2025................................................. $1,080,000
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. 4. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 5. 1. This section becomes effective upon passage and approval.
2. Section 3.5 of this act becomes effective on July 1, 2023.
3. Sections 1, 2, 3 and 4 of this act become effective on October 1, 2023.
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κ2023 Statutes of Nevada, Page 2911κ
Assembly Bill No. 279Assemblymen DSilva, Gray, Thomas; Bilbray-Axelrod, Gallant, Gurr, La Rue Hatch, McArthur, Mosca, Summers-Armstrong, Taylor and Torres
Joint Sponsors: Senators Spearman, Flores and Lange
CHAPTER 471
[Approved: June 15, 2023]
AN ACT relating to the Nevada System of Higher Education; prohibiting the assessment of tuition charges against certain students within the System with a parent who is a veteran who has been awarded the Purple Heart; requiring the waiver of the payment of registration fees and certain other fees assessed against such a student; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Board of Regents to grant a waiver of registration and certain other fees to certain persons, including a student who is a veteran of the Armed Forces of the United States who has been awarded the Purple Heart. (NRS 396.5443) Section 2 of this bill requires the Board of Regents to, in certain circumstances, waive the payment of registration fees, laboratory fees and any other mandatory fees assessed each semester against a student who is the child of such a veteran to the extent that the fees exceed the amount of any federal educational benefits to which the student is entitled. Section 2 additionally provides that a child who is eligible to receive such a waiver may use it for: (1) ten years after he or she attains 18 years of age; or (2) if he or she enrolls in the System before attaining 18 years of age, for 10 years after the date of enrollment.
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. NRS 396.5443 is hereby amended to read as follows:
396.5443 1. The Board of Regents shall grant a waiver of the payment of registration fees, laboratory fees and any other mandatory fees assessed each semester against a student who is [a] :
(a) A veteran of the Armed Forces of the United States who has been awarded the Purple Heart [.] ; or
(b) The child of such a veteran, if:
(1) The veteran is a bona fide resident of this State, or was a bona fide resident of this State at the time of his or her death; and
(2) The child of the veteran graduated from a high school located in this State.
2. The amount of the waiver must be equal to:
(a) If the student is entitled to receive any federal educational benefits for a semester, the balance of registration fees, laboratory fees and any other
κ2023 Statutes of Nevada, Page 2912 (CHAPTER 471, AB 279)κ
mandatory fees assessed against the student that remain unpaid after the students account has been credited with the full amount of the federal educational benefits to which the student is entitled for that semester; or
(b) If the student is not entitled to receive any federal educational benefits for a semester, the full amount of the registration fees, laboratory fees and any other mandatory fees assessed against the student for that semester.
3. The waiver must be granted to a student who enrolls in any program offered by a school within the System, including, without limitation, a trade or vocational program, a graduate program or a professional program.
4. For the purpose of assessing fees and charges against a student to whom a waiver is granted pursuant to this section, including, without limitation, tuition charges pursuant to NRS 396.540, such a student shall be deemed to be a bona fide resident of this State.
5. The Board of Regents may grant more favorable waivers of registration fees, laboratory fees and any other mandatory fees for veterans of the Armed Forces of the United States who have been awarded the Purple Heart or the child of such a veteran than the waiver provided pursuant to this section if required for the receipt of federal money.
6. A child of a veteran of the Armed Forces of the United States who has been awarded the Purple Heart may use a waiver granted pursuant to this section for 10 years after the child attains 18 years of age, or, if the child enrolls in the System before attaining 18 years of age, for 10 years after the date of such enrollment.
Sec. 3. This act becomes effective on July 1, 2023.
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