[Rev. 3/13/2024 9:51:32 AM]
κ2023 Statutes of Nevada, Page 3029κ
Assembly Bill No. 524Assemblyman Watts
CHAPTER 495
[Approved: June 15, 2023]
AN ACT relating to energy; revising a definition relating to certain renewable energy facilities; revising provisions governing the submission of general rate applications; revising provisions governing the integrated resource plan submitted triennially by a utility; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires each electric utility to submit to the Public Utilities Commission of Nevada every 3 years an integrated resource plan to increase the utilitys supply of electricity or decrease the demands made on its system by its customers. Existing law provides that the integrated resource plan must include certain components, including, without limitation, a comparison of a diverse set of scenarios of the best combination of sources of supply to meet the demands or the best methods to reduce the demands. (NRS 704.741) Section 2 of this bill sets forth certain declarations of the Legislature relating to the affordability, availability and reliability of the supply of electricity in this State. Section 4 of this bill requires the integrated resource plan of an electric utility to include: (1) at least one scenario that provides for the construction or acquisition of energy resources through contract or ownership to be placed into service to close an open position utilizing dedicated energy resources in this State and dedicated energy resources delivered through firm transmission; and (2) for each scenario considered, certain information regarding each energy resource proposed and an evaluation of the impact the implementation of a scenario will have on certain matters. Section 4 authorizes an electric utility to submit an integrated resource plan more frequently than once every 3 years. Section 4 requires the Commission to adopt regulations governing the manner in which and circumstances under which an electric utility may file an amendment to its integrated resource plan. Section 5 of this bill requires an electric utility to schedule a consumer session before filing an integrated resource plan or an amendment to such a plan. Sections 6 and 7 of this bill make a conforming change to reflect changes in the numbering of subsections in section 4.
Section 1 of this bill revises the definition of facility for the storage of energy from renewable generation.
Existing law requires certain electric utilities to file a general rate application once every 36 months. Existing law prohibits a public utility that has filed a general rate application from filing another general rate application until all pending general rate applications filed by that utility have been decided by the Commission, except under certain circumstances. (NRS 704.110) Section 3 of this bill authorizes an electric utility to file a general rate application more frequently than once every 36 months. Section 3 provides that an affiliate of a public utility is also prohibited from filing another general rate application until all pending general rate applications filed by that utility have been decided by the Commission.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 701A.327 is hereby amended to read as follows:
701A.327 1. Facility for the storage of energy from renewable generation means a facility that is constructed or installed for the [sole] purpose of storing electric energy received from a facility for the generation of electricity from renewable energy for release at a later time, including, without limitation, a facility that is designed to use energy storage technology.
κ2023 Statutes of Nevada, Page 3030 (CHAPTER 495, AB 524)κ
purpose of storing electric energy received from a facility for the generation of electricity from renewable energy for release at a later time, including, without limitation, a facility that is designed to use energy storage technology.
2. The term does not include a facility that is located on a residential property.
Sec. 2. Chapter 704 of NRS is hereby amended by adding thereto a new section to read as follows:
The Legislature hereby declares that:
1. Rising energy needs and supply chain issues in the western United States have affected Nevadas ability to access the energy market to serve Nevada residents during periods of high energy demand.
2. It is paramount to the health and economic vitality of this State to ensure the affordability, availability and reliability of its electric supply.
3. An efficient regional energy market and comprehensive resource planning are essential to ensure affordable, safe and reliable electric service for customers of an electric utility from a balanced portfolio of supply and demand options, particularly in light of these challenges.
4. The integrated resource planning process must enable meaningful participation and robust review of a utilitys proposals by the Commission and stakeholders to ensure the affordability, resiliency and reliability of the states electric supply by considering all reasonable measures including, without limitation, demand-side management and increasing utility-owned, controlled or contracted electric generating capacity.
5. Increasing access to reliable electric generating capacity and procuring the most cost-effective resources supports the provision of affordable, resilient and reliable energy services to Nevadans and this State should take advantage of federal funding and tax benefits that provide additional opportunities.
6. It continues to be in the interest of this State to invest in a portfolio of electric generation supply and demand-side management measures that increase energy reliability and reduce greenhouse gas emissions consistent with state policy.
7. It is in the interest of Nevada to reduce electric utilities reliance on market purchases and secure sufficient energy supply to protect reliability in a manner that promotes affordability and may reduce exposure to price volatility for customers, through methods which include dedicated in-state resources and dedicated energy resources delivered through firm transmission.
Sec. 3. NRS 704.110 is hereby amended to read as follows:
704.110 Except as otherwise provided in NRS 704.075, 704.68861 to 704.68887, inclusive, and 704.7865, or as may otherwise be provided by the Commission pursuant to NRS 704.095, 704.097 or 704.7621:
1. If a public utility files with the Commission an application to make changes in any schedule, including, without limitation, changes that will result in a discontinuance, modification or restriction of service, the Commission shall investigate the propriety of the proposed changes to determine whether to approve or disapprove the proposed changes. If an electric utility files such an application and the application is a general rate application or an annual deferred energy accounting adjustment application, the Consumers Advocate shall be deemed a party of record.
κ2023 Statutes of Nevada, Page 3031 (CHAPTER 495, AB 524)κ
2. Except as otherwise provided in subsection 3, if a public utility files with the Commission an application to make changes in any schedule, the Commission shall, not later than 210 days after the date on which the application is filed, issue a written order approving or disapproving, in whole or in part, the proposed changes.
3. If a public utility files with the Commission a general rate application, the public utility shall submit with its application a statement showing the recorded results of revenues, expenses, investments and costs of capital for its most recent 12 months for which data were available when the application was prepared. Except as otherwise provided in subsection 4, in determining whether to approve or disapprove any increased rates, the Commission shall consider evidence in support of the increased rates based upon actual recorded results of operations for the same 12 months, adjusted for increased revenues, any increased investment in facilities, increased expenses for depreciation, certain other operating expenses as approved by the Commission and changes in the costs of securities which are known and are measurable with reasonable accuracy at the time of filing and which will become effective within 6 months after the last month of those 12 months, but the public utility shall not place into effect any increased rates until the changes have been experienced and certified by the public utility to the Commission and the Commission has approved the increased rates. The Commission shall also consider evidence supporting expenses for depreciation, calculated on an annual basis, applicable to major components of the public utilitys plant placed into service during the recorded test period or the period for certification as set forth in the application. Adjustments to revenues, operating expenses and costs of securities must be calculated on an annual basis. Within 90 days after the date on which the certification required by this subsection is filed with the Commission, or within the period set forth in subsection 2, whichever time is longer, the Commission shall make such order in reference to the increased rates as is required by this chapter. The following public utilities shall each file a general rate application pursuant to this subsection based on the following schedule:
(a) An electric utility that primarily serves less densely populated counties shall file a general rate application:
(1) Not later than 5 p.m. on or before the first Monday in June 2019; and
(2) [Once] At least once every 36 months thereafter or on a date specified in an alternative rate-making plan approved by the Commission pursuant to NRS 704.7621.
(b) An electric utility that primarily serves densely populated counties shall file a general rate application:
(1) Not later than 5 p.m. on or before the first Monday in June 2020; and
(2) [Once] At least once every 36 months thereafter or on a date specified in an alternative rate-making plan approved by the Commission pursuant to NRS 704.7621.
(c) A public utility that furnishes water for municipal, industrial or domestic purposes or services for the disposal of sewage, or both, which had an annual gross operating revenue of $2,000,000 or more for at least 1 year during the immediately preceding 3 years and which had not filed a general rate application with the Commission on or after July 1, 2005, shall file a general rate application on or before June 30, 2008, and at least once every 36 months thereafter unless waived by the Commission pursuant to standards adopted by regulation of the Commission.
κ2023 Statutes of Nevada, Page 3032 (CHAPTER 495, AB 524)κ
every 36 months thereafter unless waived by the Commission pursuant to standards adopted by regulation of the Commission. If a public utility furnishes both water and services for the disposal of sewage, its annual gross operating revenue for each service must be considered separately for determining whether the public utility meets the requirements of this paragraph for either service.
(d) A public utility that furnishes water for municipal, industrial or domestic purposes or services for the disposal of sewage, or both, which had an annual gross operating revenue of $2,000,000 or more for at least 1 year during the immediately preceding 3 years and which had filed a general rate application with the Commission on or after July 1, 2005, shall file a general rate application on or before June 30, 2009, and at least once every 36 months thereafter unless waived by the Commission pursuant to standards adopted by regulation of the Commission. If a public utility furnishes both water and services for the disposal of sewage, its annual gross operating revenue for each service must be considered separately for determining whether the public utility meets the requirements of this paragraph for either service.
Κ The Commission shall adopt regulations setting forth standards for waivers pursuant to paragraphs (c) and (d) and for including the costs incurred by the public utility in preparing and presenting the general rate application before the effective date of any change in rates.
4. In addition to submitting the statement required pursuant to subsection 3, a public utility may submit with its general rate application a statement showing the effects, on an annualized basis, of all expected changes in circumstances. If such a statement is filed, it must include all increases and decreases in revenue and expenses which may occur within 210 days after the date on which its general rate application is filed with the Commission if such expected changes in circumstances are reasonably known and are measurable with reasonable accuracy. If a public utility submits such a statement, the public utility has the burden of proving that the expected changes in circumstances set forth in the statement are reasonably known and are measurable with reasonable accuracy. The Commission shall consider expected changes in circumstances to be reasonably known and measurable with reasonable accuracy if the expected changes in circumstances consist of specific and identifiable events or programs rather than general trends, patterns or developments, have an objectively high probability of occurring to the degree, in the amount and at the time expected, are primarily measurable by recorded or verifiable revenues and expenses and are easily and objectively calculated, with the calculation of the expected changes relying only secondarily on estimates, forecasts, projections or budgets. If the Commission determines that the public utility has met its burden of proof:
(a) The Commission shall consider the statement submitted pursuant to this subsection and evidence relevant to the statement, including all reasonable projected or forecasted offsets in revenue and expenses that are directly attributable to or associated with the expected changes in circumstances under consideration, in addition to the statement required pursuant to subsection 3 as evidence in establishing just and reasonable rates for the public utility; and
(b) The public utility is not required to file with the Commission the certification that would otherwise be required pursuant to subsection 3.
κ2023 Statutes of Nevada, Page 3033 (CHAPTER 495, AB 524)κ
5. If a public utility files with the Commission an application to make changes in any schedule and the Commission does not issue a final written order regarding the proposed changes within the time required by this section, the proposed changes shall be deemed to be approved by the Commission.
6. If a public utility files with the Commission a general rate application, the public utility , or a public utility affiliated with the public utility through common ownership, shall not file with the Commission another general rate application until all pending general rate applications filed by that public utility have been decided by the Commission unless, after application and hearing, the Commission determines that a substantial financial emergency would exist if the public utility or its affiliate is not permitted to file another general rate application sooner. The provisions of this subsection do not prohibit [the] a public utility from filing with the Commission, while a general rate application is pending, an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale pursuant to subsection 7, a quarterly rate adjustment pursuant to subsection 8 or 10, any information relating to deferred accounting requirements pursuant to NRS 704.185 or an annual deferred energy accounting adjustment application pursuant to NRS 704.187, if the public utility is otherwise authorized to so file by those provisions.
7. A public utility may file an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale once every 30 days. The provisions of this subsection do not apply to:
(a) An electric utility which is required to adjust its rates on a quarterly basis pursuant to subsection 10; or
(b) A public utility which purchases natural gas for resale and which adjusts its rates on a quarterly basis pursuant to subsection 8.
8. A public utility which purchases natural gas for resale must request approval from the Commission to adjust its rates on a quarterly basis between annual rate adjustment applications based on changes in the public utilitys recorded costs of natural gas purchased for resale. A public utility which purchases natural gas for resale and which adjusts its rates on a quarterly basis may request approval from the Commission to make quarterly adjustments to its deferred energy accounting adjustment. The Commission shall approve or deny such a request not later than 120 days after the application is filed with the Commission. The Commission may approve the request if the Commission finds that approval of the request is in the public interest. If the Commission approves a request to make quarterly adjustments to the deferred energy accounting adjustment of a public utility pursuant to this subsection, any quarterly adjustment to the deferred energy accounting adjustment must not exceed 2.5 cents per therm of natural gas. If the balance of the public utilitys deferred account varies by less than 5 percent from the public utilitys annual recorded costs of natural gas which are used to calculate quarterly rate adjustments, the deferred energy accounting adjustment must be set to zero cents per therm of natural gas.
9. If the Commission approves a request to make any rate adjustments on a quarterly basis pursuant to subsection 8:
(a) The public utility shall file written notice with the Commission before the public utility makes a quarterly rate adjustment. A quarterly rate adjustment is not subject to the requirements for notice and a hearing pursuant to NRS 703.320 or the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.
κ2023 Statutes of Nevada, Page 3034 (CHAPTER 495, AB 524)κ
(b) The public utility shall provide written notice of each quarterly rate adjustment to its customers by including the written notice with a customers regular monthly bill or by electronic transmission pursuant to NRS 704.188. The public utility shall begin providing such written notice to its customers not later than 30 days after the date on which the public utility files its written notice with the Commission pursuant to paragraph (a). The written notice required by this paragraph:
(1) Must be printed separately, if included with the customers regular monthly bill, or the subject line of the electronic transmission must indicate that notice of a quarterly rate adjustment is included, if provided by electronic transmission pursuant to NRS 704.188; and
(2) Must include the following in clear and bold text:
(I) The total amount of the increase or decrease in the public utilitys revenues from the rate adjustment, stated in dollars and as a percentage;
(II) The amount of the monthly increase or decrease in charges for each class of customer or class of service, stated in dollars and as a percentage;
(III) A statement that customers may send written comments or protests regarding the rate adjustment to the Commission;
(IV) A statement that the transactions and recorded costs of natural gas which are the basis for any quarterly rate adjustment will be reviewed for reasonableness and prudence in the next proceeding held by the Commission to review the annual rate adjustment application pursuant to paragraph (d); and
(V) Any other information required by the Commission.
(c) The public utility shall file an annual rate adjustment application with the Commission. The annual rate adjustment application is subject to the requirements for notice and a hearing pursuant to NRS 703.320 and the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.
(d) The proceeding regarding the annual rate adjustment application must include a review of each quarterly rate adjustment and the transactions and recorded costs of natural gas included in each quarterly filing and the annual rate adjustment application. There is no presumption of reasonableness or prudence for any quarterly rate adjustment or for any transactions or recorded costs of natural gas included in any quarterly rate adjustment or the annual rate adjustment application, and the public utility has the burden of proving reasonableness and prudence in the proceeding.
(e) The Commission shall not allow the public utility to recover any recorded costs of natural gas which were the result of any practice or transaction that was unreasonable or was undertaken, managed or performed imprudently by the public utility, and the Commission shall order the public utility to adjust its rates if the Commission determines that any recorded costs of natural gas included in any quarterly rate adjustment or the annual rate adjustment application were not reasonable or prudent.
10. An electric utility shall adjust its rates on a quarterly basis based on changes in the electric utilitys recorded costs of purchased fuel or purchased power. In addition to adjusting its rates on a quarterly basis, an electric utility may request approval from the Commission to make quarterly adjustments to its deferred energy accounting adjustment. The Commission shall approve or deny such a request not later than 120 days after the application is filed with the Commission.
κ2023 Statutes of Nevada, Page 3035 (CHAPTER 495, AB 524)κ
the Commission. The Commission may approve the request if the Commission finds that approval of the request is in the public interest. If the Commission approves a request to make quarterly adjustments to the deferred energy accounting adjustment of an electric utility pursuant to this subsection, any quarterly adjustment to the deferred energy accounting adjustment must not exceed 0.25 cents per kilowatt-hour of electricity. If the balance of the electric utilitys deferred account varies by less than 5 percent from the electric utilitys annual recorded costs for purchased fuel or purchased power which are used to calculate quarterly rate adjustments, the deferred energy accounting adjustment must be set to zero cents per kilowatt-hour of electricity.
11. A quarterly rate adjustment filed pursuant to subsection 10 is subject to the following requirements:
(a) The electric utility shall file written notice with the Commission on or before August 15, 2007, and every quarter thereafter of the quarterly rate adjustment to be made by the electric utility for the following quarter. The first quarterly rate adjustment by the electric utility will take effect on October 1, 2007, and each subsequent quarterly rate adjustment will take effect every quarter thereafter. The first quarterly adjustment to a deferred energy accounting adjustment must be made pursuant to an order issued by the Commission approving the application of an electric utility to make quarterly adjustments to its deferred energy accounting adjustment. A quarterly rate adjustment is not subject to the requirements for notice and a hearing pursuant to NRS 703.320 or the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.
(b) The electric utility shall provide written notice of each quarterly rate adjustment to its customers by including the written notice with a customers regular monthly bill or by electronic submission pursuant to NRS 704.188. The electric utility shall begin providing such written notice to its customers not later than 30 days after the date on which the electric utility files a written notice with the Commission pursuant to paragraph (a). The written notice required by this paragraph:
(1) Must be printed separately, if included with the customers regular monthly bill, or the subject line of the electronic transmission must indicate that notice of a quarterly rate adjustment is included, if provided by electronic transmission pursuant to NRS 704.188; and
(2) Must include the following in clear and bold text:
(I) The total amount of the increase or decrease in the electric utilitys revenues from the rate adjustment, stated in dollars and as a percentage;
(II) The amount of the monthly increase or decrease in charges for each class of customer or class of service, stated in dollars and as a percentage;
(III) A statement that customers may send written comments or protests regarding the rate adjustment to the Commission;
(IV) A statement that the transactions and recorded costs of purchased fuel or purchased power which are the basis for any quarterly rate adjustment will be reviewed for reasonableness and prudence in the next proceeding held by the Commission to review the annual deferred energy accounting adjustment application pursuant to paragraph (d); and
(V) Any other information required by the Commission.
κ2023 Statutes of Nevada, Page 3036 (CHAPTER 495, AB 524)κ
(c) The electric utility shall file an annual deferred energy accounting adjustment application pursuant to NRS 704.187 with the Commission. The annual deferred energy accounting adjustment application is subject to the requirements for notice and a hearing pursuant to NRS 703.320 and the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.
(d) The proceeding regarding the annual deferred energy accounting adjustment application must include a review of each quarterly rate adjustment and the transactions and recorded costs of purchased fuel and purchased power included in each quarterly filing and the annual deferred energy accounting adjustment application. There is no presumption of reasonableness or prudence for any quarterly rate adjustment or for any transactions or recorded costs of purchased fuel and purchased power included in any quarterly rate adjustment or the annual deferred energy accounting adjustment application, and the electric utility has the burden of proving reasonableness and prudence in the proceeding.
(e) The Commission shall not allow the electric utility to recover any recorded costs of purchased fuel and purchased power which were the result of any practice or transaction that was unreasonable or was undertaken, managed or performed imprudently by the electric utility, and the Commission shall order the electric utility to adjust its rates if the Commission determines that any recorded costs of purchased fuel and purchased power included in any quarterly rate adjustment or the annual deferred energy accounting adjustment application were not reasonable or prudent.
12. If an electric utility files an annual deferred energy accounting adjustment application pursuant to subsection 11 and NRS 704.187 while a general rate application is pending, the electric utility shall:
(a) Submit with its annual deferred energy accounting adjustment application information relating to the cost of service and rate design; and
(b) Supplement its general rate application with the same information, if such information was not submitted with the general rate application.
13. A utility facility identified in a 3-year plan submitted pursuant to NRS 704.741 and accepted by the Commission for acquisition or construction pursuant to NRS 704.751 and the regulations adopted pursuant thereto, or the retirement or elimination of a utility facility identified in an emissions reduction and capacity replacement plan submitted pursuant to NRS 704.7316 and accepted by the Commission for retirement or elimination pursuant to NRS 704.751 and the regulations adopted pursuant thereto, shall be deemed to be a prudent investment. The utility may recover all just and reasonable costs of planning and constructing, or retiring or eliminating, as applicable, such a facility. For the purposes of this subsection, a plan or an amendment to a plan shall be deemed to be accepted by the Commission only as to that portion of the plan or amendment accepted as filed or modified with the consent of the utility pursuant to NRS 704.751.
14. In regard to any rate or schedule approved or disapproved pursuant to this section, the Commission may, after a hearing:
(a) Upon the request of the utility, approve a new rate but delay the implementation of that new rate:
(1) Until a date determined by the Commission; and
(2) Under conditions as determined by the Commission, including, without limitation, a requirement that interest charges be included in the collection of the new rate; and
κ2023 Statutes of Nevada, Page 3037 (CHAPTER 495, AB 524)κ
(b) Authorize a utility to implement a reduced rate for low-income residential customers.
15. The Commission may, upon request and for good cause shown, permit a public utility which purchases natural gas for resale or an electric utility to make a quarterly adjustment to its deferred energy accounting adjustment in excess of the maximum allowable adjustment pursuant to subsection 8 or 10.
16. A public utility which purchases natural gas for resale or an electric utility that makes quarterly adjustments to its deferred energy accounting adjustment pursuant to subsection 8 or 10 may submit to the Commission for approval an application to discontinue making quarterly adjustments to its deferred energy accounting adjustment and to subsequently make annual adjustments to its deferred energy accounting adjustment. The Commission may approve an application submitted pursuant to this subsection if the Commission finds that approval of the application is in the public interest.
17. As used in this section:
(a) Deferred energy accounting adjustment means the rate of a public utility which purchases natural gas for resale or an electric utility that is calculated by dividing the balance of a deferred account during a specified period by the total therms or kilowatt-hours which have been sold in the geographical area to which the rate applies during the specified period, not including kilowatt-hours sold pursuant to an expanded solar access program established pursuant to NRS 704.7865.
(b) Electric utility has the meaning ascribed to it in NRS 704.187.
(c) Electric utility that primarily serves densely populated counties means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this State from customers located in counties whose population is 700,000 or more than it does from customers located in counties whose population is less than 700,000.
(d) Electric utility that primarily serves less densely populated counties means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this State from customers located in counties whose population is less than 700,000 than it does from customers located in counties whose population is 700,000 or more.
Sec. 4. NRS 704.741 is hereby amended to read as follows:
704.741 1. A utility which supplies electricity in this State shall, on or before June 1 of every third year, or more often if necessary, in the manner specified by the Commission, submit a plan to increase its supply of electricity or decrease the demands made on its system by its customers to the Commission. Two or more utilities that are affiliated through common ownership and that have an interconnected system for the transmission of electricity shall submit a joint plan.
2. The Commission shall, by regulation:
(a) Prescribe the contents of such a plan, including, but not limited to, the methods or formulas which are used by the utility or utilities to:
(1) Forecast the future demands, except that a forecast of the future retail electric demands of the utility or utilities must not include the amount of energy and capacity proposed pursuant to subsection [5] 6 as annual limits on the total amount of energy and capacity that eligible customers may be authorized to purchase from providers of new electric resources through transactions approved by the Commission pursuant to an application submitted pursuant to NRS 704B.310 on or after May 16, 2019; and
κ2023 Statutes of Nevada, Page 3038 (CHAPTER 495, AB 524)κ
transactions approved by the Commission pursuant to an application submitted pursuant to NRS 704B.310 on or after May 16, 2019; and
(2) Determine the best combination of sources of supply to meet the demands or the best method to reduce them; [and]
(b) Designate renewable energy zones and revise the designated renewable energy zones as the Commission deems necessary [.] ; and
(c) Establish requirements governing the manner in which and circumstances under which an amendment may be filed with the Commission to modify an approved plan.
3. The Commission shall require the utility or utilities to include in the plan:
(a) An energy efficiency program for residential customers which reduces the consumption of electricity or any fossil fuel and which includes, without limitation, the use of new solar thermal energy sources.
(b) A proposal for the expenditure of not less than 10 percent of the total expenditures related to energy efficiency and conservation programs on energy efficiency measures for customers of the electric utility in low-income households and residential customers and public schools in historically underserved communities, through both targeted programs and programs directed at residential customers and public schools in general.
(c) A comparison of a diverse set of scenarios of the best combination of sources of supply to meet the demands or the best methods to reduce the demands, which must include [at] :
(1) At least one scenario of low carbon dioxide emissions that:
[(1)] (I) Uses sources of supply that result in, by 2050, an amount of energy production from zero carbon dioxide emission resources that equals the forecasted demand for electricity by customers of the utility;
[(2)] (II) Includes the deployment of distributed generation; and
[(3)] (III) If the plan is submitted on or before June 1, 2027, uses sources of supply that result in, by the year 2030, an 80 percent reduction in carbon dioxide emissions from the generation of electricity to meet the demands of customers of the utility as compared to the amount of such emissions in the year 2005.
(2) At least one scenario that provides for the construction or acquisition of energy resources through contract or ownership to be placed into service to close an open position utilizing dedicated energy resources in this State and dedicated energy resources delivered through firm transmission. A significant share of the renewable energy facilities and energy storage systems included in the scenario must be owned by the utility.
Κ A requirement to include a particular scenario in the plan pursuant to this paragraph, or the compliance of a utility with such a requirement, shall not be construed as indicating a preference by the Commission or the utility for a particular scenario.
(d) An analysis of the effects of the requirements of NRS 704.766 to 704.776, inclusive, on the reliability of the distribution system of the utility or utilities and the costs to the utility or utilities to provide electric service to all customers. The analysis must include an evaluation of the costs and benefits of addressing issues of reliability through investment in the distribution system.
(e) A list of the utilitys or utilities assets described in NRS 704.7338.
(f) A surplus asset retirement plan as required by NRS 704.734.
κ2023 Statutes of Nevada, Page 3039 (CHAPTER 495, AB 524)κ
4. For each scenario considered pursuant to subsection 3, the plan must include, without limitation:
(a) For each energy resource proposed:
(1) A description of each energy resource to be constructed, acquired or contracted for by the utility, including, without limitation, the location of the energy resource, the technology to be used by the energy resource to generate electricity, the anticipated capacity of the energy resource and the anticipated date by which the energy resource will be placed into service;
(2) The cost of constructing or acquiring, operating and maintaining the energy resource or, if the energy resource is contracted for by the utility, the price of the energy to be supplied by the energy resource;
(3) Whether the energy resource will be owned by the utility or utilized by the utility pursuant to a contract with a third party; and
(4) Any other information required by the Commission to evaluate the prudence of the scenario.
(b) An evaluation of the impact that the implementation of the scenario will have on:
(1) The ability of the utility to decrease its reliance on market purchases to meet the utilitys open energy load requirements, including, without limitation, any appropriate reserves, and the forecast of energy needs over the next 10 years;
(2) The ability of the utility to reliably integrate into its supply portfolio larger amounts of electricity from variable energy resources, including, without limitation, solar, geothermal, hydropower and wind energy resources;
(3) The ability of the utility to access energy markets or geographic locations that have excess capacity to import into this State through firm transmission to ensure additional reliability in times of increased energy needs;
(4) The ability of the utility to increase access to carbon-free energy, support compliance with the renewable portfolio standard and advance the goals for the reduction of greenhouse gas emissions set forth in NRS 445B.380 and 704.7820 through a balanced portfolio of energy supply and demand-side resources;
(5) The ability of the utility to demonstrate to a regional entity that the utility has adequate resources to meet the forecast for energy needs over the next 10 years;
(6) The ability of the utility to advance cost-effective demand-side management;
(7) The rates charged to the customers of the utility, provided that, in implementing the plan, the utility must endeavor to mitigate costs for the benefit of customers to the extent possible by utilizing federal funding and tax credits available to utilities or third parties for the development of electric resources; and
(8) The benefits from high-quality jobs, job training and apprenticeships provided by the projects included in the plan, whether constructed or operated by the utility or a third-party developer.
[4.] 5. The Commission shall require the utility or utilities to include in the plan a distributed resources plan. The distributed resources plan must:
(a) Evaluate the locational benefits and costs of distributed resources. This evaluation must be based on reductions or increases in local generation capacity needs, avoided or increased investments in distribution infrastructure, safety benefits, reliability benefits and any other savings the distributed resources provide to the electricity grid for this State or costs to customers of the electric utility or utilities.
κ2023 Statutes of Nevada, Page 3040 (CHAPTER 495, AB 524)κ
capacity needs, avoided or increased investments in distribution infrastructure, safety benefits, reliability benefits and any other savings the distributed resources provide to the electricity grid for this State or costs to customers of the electric utility or utilities.
(b) Propose or identify standard tariffs, contracts or other mechanisms for the deployment of cost-effective distributed resources that satisfy the objectives for distribution planning.
(c) Propose cost-effective methods of effectively coordinating existing programs approved by the Commission, incentives and tariffs to maximize the locational benefits and minimize the incremental costs of distributed resources.
(d) Identify any additional spending necessary to integrate cost-effective distributed resources into distribution planning consistent with the goal of yielding a net benefit to the customers of the electric utility or utilities.
(e) Identify barriers to the deployment of distributed resources, including, without limitation, safety standards related to technology or operation of the distribution system in a manner that ensures reliable service.
(f) Include a transportation electrification plan as required by NRS 704.7867.
[5.] 6. The Commission shall require the utility or utilities to include in the plan a proposal for annual limits on the total amount of energy and capacity that eligible customers may be authorized to purchase from providers of new electric resources through transactions approved by the Commission pursuant to an application submitted pursuant to NRS 704B.310 on or after May 16, 2019. In developing the proposal and the forecasts in the plan, the utility or utilities must use a sensitivity analysis that, at a minimum, addresses load growth, import capacity, system constraints and the effect of eligible customers purchasing less energy and capacity than authorized by the proposed annual limit. The proposal in the plan must include, without limitation:
(a) A forecast of the load growth of the utility or utilities;
(b) The number of eligible customers that are currently being served by or anticipated to be served by the utility or utilities;
(c) Information concerning the infrastructure of the utility or utilities that is available to accommodate market-based new electric resources;
(d) Proposals to ensure the stability of rates and the availability and reliability of electric service; and
(e) For each year of the plan, impact fees applicable to each megawatt or each megawatt hour to account for costs reflected in the base tariff general rate and base tariff energy rate paid by end-use customers of the electric utility.
[6.] 7. The annual limits proposed pursuant to subsection [5] 6 shall not apply to energy and capacity sales to an eligible customer if the eligible customer:
(a) Was not an end-use customer of the electric utility at any time before June 12, 2019; and
(b) Would have a peak load of 10 megawatts or more in the service territory of an electric utility within 2 years of initially taking electric service.
[7.] 8. As used in this section:
(a) Distributed generation system has the meaning ascribed to it in NRS 701.380.
κ2023 Statutes of Nevada, Page 3041 (CHAPTER 495, AB 524)κ
(b) Distributed resources means distributed generation systems, energy efficiency, energy storage, electric vehicles and demand-response technologies.
(c) Eligible customer has the meaning ascribed to it in NRS 704B.080.
(d) Energy has the meaning ascribed to it in NRS 704B.090.
(e) Energy storage system has the meaning ascribed to it in NRS 704.793.
(f) Historically underserved community has the meaning ascribed to it in NRS 704.78343.
[(f)] (g) Low-income household has the meaning ascribed to it in NRS 704.78347.
[(g)] (h) New electric resource has the meaning ascribed to it in NRS 704B.110.
[(h)] (i) Provider of new electric resources has the meaning ascribed to it in NRS 704B.130.
[(i)] (j) Renewable energy zones means specific geographic zones where renewable energy resources are sufficient to develop generation capacity and where transmission constrains the delivery of electricity from those resources to customers.
[(j)] (k) Sensitivity analysis means a set of methods or procedures which results in a determination or estimation of the sensitivity of a result to a change in given data or a given assumption.
Sec. 5. NRS 704.744 is hereby amended to read as follows:
704.744 1. The Commission shall require each utility which supplies electricity in this State, not less than 4 months before filing a plan required pursuant to NRS 704.741, or within a reasonable period before filing an amendment to such a plan [pursuant to NRS 704.751,] in accordance with the regulations adopted by the Commission pursuant to NRS 704.741, to meet with personnel from the Commission and the Bureau of Consumer Protection in the Office of the Attorney General and any other interested persons to provide an overview of the anticipated filing or amendment.
2. Each utility which supplies electricity in this State shall, before filing a plan required pursuant to NRS 704.741 or an amendment to such a plan, schedule at least one consumer session to review the plan or amendment and provide an opportunity for interested persons to:
(a) Learn about the progress of the utility in developing plans and amendments to plans;
(b) Determine whether key assumptions are being applied in a consistent and acceptable manner;
(c) Determine whether key results are reasonable; and
(d) Offer suggestions on other matters as appropriate.
3. Each utility shall prepare a summary of each consumer session held pursuant to subsection 2 and include the summary in the testimony of the utility in support of the plan or amendment to the plan.
Sec. 6. NRS 704.746 is hereby amended to read as follows:
704.746 1. After a utility has filed its plan pursuant to NRS 704.741, the Commission shall convene a public hearing on the adequacy of the plan.
2. The Commission shall determine the parties to the public hearing on the adequacy of the plan. A person or governmental entity may petition the Commission for leave to intervene as a party. The Commission must grant a petition to intervene as a party in the hearing if the person or entity has relevant material evidence to provide concerning the adequacy of the plan.
κ2023 Statutes of Nevada, Page 3042 (CHAPTER 495, AB 524)κ
The Commission may limit participation of an intervener in the hearing to avoid duplication and may prohibit continued participation in the hearing by an intervener if the Commission determines that continued participation will unduly broaden the issues, will not provide additional relevant material evidence or is not necessary to further the public interest.
3. In addition to any party to the hearing, any interested person may make comments to the Commission regarding the contents and adequacy of the plan.
4. After the hearing, the Commission shall determine whether:
(a) The forecast requirements of the utility or utilities are based on substantially accurate data and an adequate method of forecasting.
(b) The plan identifies and takes into account any present and projected reductions in the demand for energy that may result from measures to improve energy efficiency in the industrial, commercial, residential and energy producing sectors of the area being served.
(c) The plan adequately demonstrates the economic, environmental and other benefits to this State and to the customers of the utility or utilities associated with the following possible measures and sources of supply:
(1) Improvements in energy efficiency;
(2) Pooling of power;
(3) Purchases of power from neighboring states or countries;
(4) Facilities that operate on solar or geothermal energy or wind;
(5) Facilities that operate on the principle of cogeneration or hydrogeneration;
(6) Other generation facilities; and
(7) Other transmission facilities.
5. The Commission shall give preference to the measures and sources of supply set forth in paragraph (c) of subsection 4 that:
(a) Provide the greatest economic and environmental benefits to the State;
(b) Are consistent with the provisions of this section;
(c) Provide levels of service that are adequate and reliable;
(d) Provide the greatest opportunity for the creation of new jobs in this State; and
(e) Provide for diverse electricity supply portfolios and which reduce customer exposure to the price volatility of fossil fuels and the potential costs of carbon.
Κ In considering the measures and sources of supply set forth in paragraph (c) of subsection 4 and determining the preference given to such measures and sources of supply, the Commission shall consider the cost of those measures and sources of supply to the customers of the electric utility or utilities.
6. The Commission shall:
(a) Adopt regulations which determine the level of preference to be given to those measures and sources of supply; and
(b) Consider the value to the public of using water efficiently when it is determining those preferences.
7. The Commission shall:
(a) Consider the level of financial commitment from developers of renewable energy projects in each renewable energy zone, as designated pursuant to subsection 2 of NRS 704.741; and
κ2023 Statutes of Nevada, Page 3043 (CHAPTER 495, AB 524)κ
(b) Adopt regulations establishing a process for considering such commitments including, without limitation, contracts for the sale of energy, leases of land and mineral rights, cash deposits and letters of credit.
8. The Commission shall, after a hearing, review and accept or modify an emissions reduction and capacity replacement plan which includes each element required by NRS 704.7316. In considering whether to accept or modify an emissions reduction and capacity replacement plan, the Commission shall consider:
(a) The cost to the customers of the electric utility or utilities to implement the plan;
(b) Whether the plan provides the greatest economic benefit to this State;
(c) Whether the plan provides the greatest opportunities for the creation of new jobs in this State; and
(d) Whether the plan represents the best value to the customers of the electric utility or utilities.
9. In considering whether to accept or modify a proposal for annual limits on the total amount of energy and capacity that eligible customers may be authorized to purchase from providers of new electric resources through transactions approved by the Commission pursuant to an application submitted pursuant to NRS 704B.310 after May 16, 2019, which is included in the plan pursuant to subsection [5] 6 of NRS 704.741, the Commission shall consider whether the proposed annual limits:
(a) Further the public interest, including, without limitation, whether the proposed annual limits promote safe, economic, efficient and reliable electric service to all customers of electric service in this State;
(b) Align an economically viable utility model with state public policy goals; and
(c) Encourage the development and use of renewable energy resources located in this State and, in particular, renewable energy resources that are coupled with energy storage.
10. In considering whether to accept or modify a plan to accelerate transportation electrification submitted pursuant to NRS 704.7867, the Commission shall consider:
(a) Whether the proposed investments, incentives, rate designs, systems and programs are reasonably expected to achieve one or more of the following:
(1) Improve the efficiency of the electric utilitys electrical system, operational flexibility or system utilization during off-peak hours;
(2) Improve the ability of the electric utility to integrate renewable energy resources which generate electricity on an intermittent basis into the transmission and distribution grid;
(3) Reduce greenhouse gas emissions and air pollution;
(4) Improve air quality in communities most affected by air pollution from the transportation sector;
(5) Support increased consumer choice in electric vehicle charging and related infrastructure and services;
(6) Increase access to the use of electricity as a transportation fuel by low-income users by including investments, incentives or programs for those users, or for entities operating in communities or at locations that will benefit low-income users;
κ2023 Statutes of Nevada, Page 3044 (CHAPTER 495, AB 524)κ
(7) Foster the investment of private capital in transportation electrification, as defined in NRS 704.7867, and the demand for skilled jobs in related services; and
(8) Provide information and education on the benefits of transportation electrification to customers.
(b) Whether the proposed investments, incentives, rate designs, systems and programs provide electric services and pricing that customers value.
(c) Whether the proposed investments, incentives, systems and programs incorporate public reporting requirements which will serve to inform program design and Commission policy.
(d) The cost to the customers of the electric utility to implement the plan.
Sec. 7. NRS 704.751 is hereby amended to read as follows:
704.751 1. After a utility has filed the plan required pursuant to NRS 704.741, the Commission shall issue an order accepting or modifying the plan or specifying any portions of the plan it deems to be inadequate:
(a) Within 135 days for any portion of the plan relating to the energy supply plan for the utility for the 3 years covered by the plan; and
(b) Within 210 days for all portions of the plan not described in paragraph (a).
Κ If the Commission issues an order modifying the plan, the utility or utilities may consent to or reject some or all of the modifications by filing with the Commission a notice to that effect. Any such notice must be filed not later than 30 days after the date of issuance of the order. If such a notice is filed, any petition for reconsideration or rehearing of the order must be filed with the Commission not later than 10 business days after the date the notice is filed.
2. If a utility files an amendment to a plan, the Commission shall issue an order accepting or modifying the amendment or specifying any portions of the amendment it deems to be inadequate:
(a) Within 165 days after the filing of the amendment; or
(b) Within 180 days after the filing of the amendment for all portions of the amendment which contain an element of the emissions reduction and capacity replacement plan.
Κ If the Commission issues an order modifying the amendment, the utility or utilities may consent to or reject some or all of the modifications by filing with the Commission a notice to that effect. Any such notice must be filed not later than 30 days after the date of issuance of the order. If such a notice is filed, any petition for reconsideration or rehearing of the order must be filed with the Commission not later than 10 business days after the date the notice is filed.
3. Any order issued by the Commission accepting or modifying a plan required pursuant to NRS 704.741 or an amendment to such a plan must include the justification of the Commission for the preferences given pursuant to subsection 5 of NRS 704.746 to the measures and sources of supply set forth in paragraph (c) of subsection 4 of NRS 704.746.
4. All prudent and reasonable expenditures made to develop the utilitys or utilities plan, including environmental, engineering and other studies, must be recovered from the rates charged to the utilitys or utilities customers.
5. The Commission may accept an energy efficiency plan containing an energy efficiency program submitted pursuant to paragraph (a) of subsection 3 of NRS 704.741 and energy efficiency and conservation programs submitted pursuant to paragraph (b) of subsection 3 of NRS 704.741 that are not cost effective if the energy efficiency plan as a whole is cost effective.
κ2023 Statutes of Nevada, Page 3045 (CHAPTER 495, AB 524)κ
submitted pursuant to paragraph (b) of subsection 3 of NRS 704.741 that are not cost effective if the energy efficiency plan as a whole is cost effective. Any order issued by the Commission accepting or modifying an energy efficiency plan or an amendment to such a plan must, if the energy efficiency plan remains cost effective, require that not less than 10 percent of the total expenditures of the utility or utilities on approved energy efficiency and conservation programs in the energy efficiency plan must be specifically directed to energy efficiency measures for customers of the utility or utilities in low-income households and residential customers and public schools in historically underserved communities, through both targeted programs and programs directed at residential customers and public schools in general.
6. The Commission may accept a distributed resources plan submitted pursuant to subsection [4] 5 of NRS 704.741 if the Commission determines that the plan includes each element required by that subsection.
7. Any order issued by the Commission accepting or modifying an element of an emissions reduction and capacity replacement plan must include provisions authorizing the electric utility or utilities to construct or acquire and own electric generating plants necessary to meet the capacity amounts approved in, and carry out the provisions of, the plan. As used in this subsection, capacity means an amount of firm electric generating capacity used by the electric utility or utilities for the purpose of preparing a plan filed with the Commission pursuant to NRS 704.736 to 704.754, inclusive.
8. The Commission shall accept a transmission infrastructure for a clean energy economy plan that conforms to the requirements of subsections 1 and 2 of NRS 704.79877 and includes the evaluations required by subsection 4 of NRS 704.79877.
9. As used in this section:
(a) Historically underserved community has the meaning ascribed to it in NRS 704.78343.
(b) Low-income household has the meaning ascribed to it in NRS 704.78347.
Sec. 8. Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after May 26, 2023.
Sec. 9. 1. This section becomes effective upon passage and approval.
2. Section 1 of this act becomes effective on July 1, 2023.
3. Sections 2 to 8, 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 October 1, 2023, for all other purposes.
4. Section 1 of this act expires by limitation on June 30, 2049.
________
κ2023 Statutes of Nevada, Page 3046κ
Assembly Bill No. 523Committee on Ways and Means
CHAPTER 496
[Approved: June 15, 2023]
AN ACT relating to education; revising certain sources of revenue for the State Education Fund; authorizing a temporary advance from the Education Stabilization Account or the State General Fund to the State Education Fund under certain circumstances; revising provisions relating to inflation for determining the statewide base per pupil funding amount; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the State Education Fund as a special revenue fund for the purpose of supporting the operation of the public schools in this State and identifies the sources of revenue for the Fund. (NRS 387.1212) Existing law requires the Superintendent of Public Instruction, on or before the first day of every month, to apportion the State Education Fund among the several county school districts, charter schools and university schools for profoundly gifted pupils in amounts approximating one-twelfth of their respective yearly apportionments. (NRS 387.124) Existing law requires the State Treasurer, on or before the first day of every month, to pay all money due each school district, charter school and university school for profoundly gifted pupils according to the monthly apportionment made by the Superintendent. (NRS 387.185) Existing law also: (1) creates the Education Stabilization Account as a reserve account within the State Education Fund; (2) authorizes the transfer of money between the Account and the Fund for certain purposes, including if the collection of revenue in any fiscal year will result in the Fund receiving 97 percent or less of the money authorized for expenditure from the Fund; and (3) provides that the balance in the Account must not exceed 15 percent of the total of all appropriations and authorizations from the Fund, excluding the Account, for the immediately preceding fiscal year. (NRS 387.1213) Section 5 of this bill authorizes the Superintendent to request, and the Interim Finance Committee to approve, a temporary advance from the Education Stabilization Account to the State Education Fund for the payment of all or part of the money due each month to each school district, charter school and university school for profoundly gifted pupils if the Superintendent determines the amount due exceeds the amount of money which is available in the Fund because of a delay in expected receipts. Section 3 of this bill similarly authorizes the Superintendent to request, and the Interim Finance Committee to approve, a temporary advance from the State General Fund to the State Education Fund for the same purposes as described in section 5, if an advance requested pursuant to section 5 will not provide adequate funding to address the shortfall. Sections 3 and 5 require any such money which is temporarily advanced to be paid back by August 31 following the end of the fiscal year in which the temporary advance is made. Section 5 also: (1) removes the 97 percent threshold for transferring money between the Education Stabilization Account and the State Education Fund, thus authorizing transfers for any decrease in revenue in the Fund; and (2) increases the authorized balance in the Account from 15 percent to 20 percent of the total of all appropriations and authorizations from the Fund, excluding the Account, for the immediately preceding fiscal year. Sections 1 and 4 of this bill include the proceeds of certain additional sources of revenue in the State Education Fund. Sections 2 and 6 of this bill change the rate of inflation for purposes of determining the statewide base per pupil funding amount to be the average percentage of increase or decrease in the Consumer Price Index during the immediately preceding 3 calendar years, instead of during the immediately preceding calendar year. (NRS 387.1214, 387.12455)
κ2023 Statutes of Nevada, Page 3047 (CHAPTER 496, AB 523)κ
Sections 2.3 and 2.5 of Senate Bill No. 124 of this session made certain changes relating to the Education Stabilization Account and to certain money appropriated from the State Education Fund. Senate Bill No. 124 of this session became law on February 27, 2023, and sections 2.3 and 2.5 of Senate Bill No. 124 of this session apply retroactively from and after June 30, 2020. (Section 6 of Senate Bill No. 124) For technical reasons and to show the changes made by Senate Bill No. 124 of this session which are currently existing law, sections 5 and 6 of this bill further amend NRS 387.1213 and NRS 387.1214, respectively, by amending sections 2.3 and 2.5 of Senate Bill No. 124 of this session.
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 387.1212 is hereby amended to read as follows:
387.1212 1. The State Education Fund is hereby created as a special revenue fund to be administered by the Superintendent of Public Instruction for the purpose of supporting the operation of the public schools in this State. The interest and income earned on the money in the Fund, excluding the direct legislative appropriation from the State General Fund required by subsection 3, must, after deducting any applicable charges, be credited to the Fund.
2. Money which must be deposited for credit to the State Education Fund includes, without limitation:
(a) All money derived from interest on the State Permanent School Fund, as provided in NRS 387.030;
(b) The proceeds of the tax imposed pursuant to NRS 244.33561 and any applicable penalty or interest, less any amount retained by the county treasurer for the actual cost of collecting and administering the tax;
(c) The proceeds of the tax imposed pursuant to subsection 1 of NRS 387.195;
(d) The money identified in subsection 8 of NRS 120A.610;
(e) The portion of the money in each special account created pursuant to subsection 1 of NRS 179.1187 which is identified in paragraph (d) of subsection 2 of NRS 179.1187;
(f) The money identified in paragraph (d) of subsection 6 of NRS 278C.250;
(g) The money identified in subsection 1 of NRS 328.450;
(h) The money identified in subsection 1 of NRS 328.460;
(i) The money identified in paragraph (a) of subsection 2 of NRS 360.850;
(j) The money identified in paragraph (a) of subsection 2 of NRS 360.855;
(k) The money required to be transferred to the State Education Fund pursuant to NRS 362.100;
(l) The money required to be deposited to the credit of the State Education Fund pursuant to subsection 4 of NRS 362.170;
(m) The portion of the proceeds of the tax imposed pursuant to subsection 1 of NRS 372A.290 identified in paragraph (b) of subsection 4 of NRS 372A.290;
(n) The proceeds of the tax imposed pursuant to subsection 3 of NRS 372A.290;
κ2023 Statutes of Nevada, Page 3048 (CHAPTER 496, AB 523)κ
(o) The proceeds of the fees, taxes, interest and penalties imposed pursuant to chapter 374 of NRS, as transferred pursuant to subsection 3 of NRS 374.785;
(p) The money identified in subsection 5 of NRS 445B.640;
(q) The money identified in paragraph (b) of subsection 4 of NRS 678B.390;
(r) The portion of the proceeds of the excise tax imposed pursuant to subsection 1 of NRS 463.385 identified in paragraph (c) of subsection 5 of NRS 463.385;
(s) The money required to be distributed to the State Education Fund pursuant to subsection 3 of NRS 482.181;
(t) The portion of the proceeds of the fee imposed pursuant to NRS 488.075 identified in subsection 2 of NRS 488.075;
(u) The portion of the net profits of the grantee of a franchise, right or privilege identified in NRS 709.110;
(v) The portion of the net profits of the grantee of a franchise identified in NRS 709.230;
(w) The portion of the net profits of the grantee of a franchise identified in NRS 709.270;
(x) The money required to be distributed to the State Education Fund pursuant to NRS 363D.290; [and]
(y) The amount of any fines required to be remitted to the State Treasurer for deposit to the credit of the State Education Fund pursuant to subsection 1 of NRS 555.470;
(z) The amount of any claim, together with any dividend, interest or other increment required to be transferred to the State Education Fund pursuant to subsection 2 of NRS 120A.645;
(aa) The portion of the proceeds of the tax imposed pursuant to subsection 2 of NRS 372A.290 identified in paragraph (b) of subsection 5 of NRS 372A.290; and
(bb) The direct legislative appropriation from the State General Fund required by subsection 3.
3. In addition to money from any other source provided by law, support for the State Education Fund must be provided by direct legislative appropriation from the State General Fund in an amount determined by the Legislature to be sufficient to fund the operation of the public schools in this State for kindergarten through grade 12 for the next ensuing biennium for the population reasonably estimated for that biennium. Money in the State Education Fund does not revert to the State General Fund at the end of a fiscal year, and the balance in the State Education Fund must be carried forward to the next fiscal year.
4. Money in the Fund must be paid out on claims as other claims against the State are paid.
Sec. 2. NRS 387.12455 is hereby amended to read as follows:
387.12455 1. Except as otherwise provided in subsection 5, for the purpose of establishing budgetary estimates for expenditures and revenues for the State Education Fund as prescribed by the State Budget Act, the Governor shall, to the extent practicable, ensure that an amount of money in the State General Fund is reserved in the proposed executive budget for transfer to the State Education Fund which is sufficient to fully fund:
(a) If the Economic Forum projects that the revenue collected by the State for general, unrestricted uses will increase by a rate that is greater than the combined rate of inflation and the growth of enrollment in the public schools in this State in the immediately preceding biennium, an amount of money in the State General Fund for transfer to the State Education Fund for the subsequent biennium which is not less than the amount of money transferred to the State Education Fund from the State General Fund for the immediately preceding biennium increased by an amount not less than the rate of increase for the revenue collected by the State as projected by the Economic Forum.
κ2023 Statutes of Nevada, Page 3049 (CHAPTER 496, AB 523)κ
the combined rate of inflation and the growth of enrollment in the public schools in this State in the immediately preceding biennium, an amount of money in the State General Fund for transfer to the State Education Fund for the subsequent biennium which is not less than the amount of money transferred to the State Education Fund from the State General Fund for the immediately preceding biennium increased by an amount not less than the rate of increase for the revenue collected by the State as projected by the Economic Forum.
(b) If the Economic Forum projects that the revenue collected by the State for general, unrestricted uses will increase by a rate that is not greater than the combined rate of inflation and the growth of enrollment in the public schools in this State in the immediately preceding biennium, an amount of money in the State General Fund for transfer to the State Education Fund for the subsequent biennium which is not less than the amount of money transferred to the State Education Fund from the State General Fund for the immediately preceding biennium increased by an amount not less than the combined rate of inflation and the growth of enrollment in the public schools in this State.
(c) If the Economic Forum projects that the revenue collected by the State for general, unrestricted uses will decrease, an amount of money in the State General Fund for transfer to the State Education Fund for the subsequent biennium which is not less than the amount of money transferred to the State Education Fund from the State General Fund for the immediately preceding biennium decreased by an amount not greater than the rate of decrease for the revenue collected by the State as projected by the Economic Forum.
2. Except as otherwise provided in subsection 5, as part of the proposed executive budget, the Governor shall, to the extent practicable, include recommendations for:
(a) The statewide base per pupil funding amount, which must be equal to the statewide base per pupil funding amount for the immediately preceding biennium increased by an amount not less than the combined rate of inflation and the growth of enrollment in the public schools in this State unless the amount of money contained in the State Education Fund, excluding the Education Stabilization Account, decreases from the immediately preceding biennium, in which event the Governor must recommend a proportional reduction to both the statewide base per pupil funding amount and the multiplier for each category of pupils pursuant to paragraph (b); and
(b) The multiplier for each category of pupils, which must not be less than the multiplier for the immediately preceding biennium unless:
(1) The amount of money contained in the State Education Fund, excluding the Education Stabilization Account, decreases from the immediately preceding biennium, in which event the Governor must recommend a proportional reduction to both the statewide base per pupil funding amount pursuant to paragraph (a) and the multiplier for each category of pupils; or
(2) The amount of money contained in the State Education Fund, excluding the Education Stabilization Account, increases from the preceding fiscal year but in an amount which, after recommending the statewide base per pupil funding amount pursuant to paragraph (a), is insufficient to fund the multiplier for each category of pupils, in which event the Governor must recommend the remaining money in the State Education Fund, excluding the Education Stabilization Account, be used to provide a multiplier for each category of pupils which is as close as practicable to the multiplier for the preceding fiscal year.
κ2023 Statutes of Nevada, Page 3050 (CHAPTER 496, AB 523)κ
Education Stabilization Account, be used to provide a multiplier for each category of pupils which is as close as practicable to the multiplier for the preceding fiscal year.
3. When determining the amount of money to reserve for transfer from the State General Fund to the State Education Fund pursuant to subsection 1, the Governor shall consider the recommendations of the Commission, as revised by the Joint Interim Standing Committee on Education, if applicable, for an optimal level of funding for education and may reserve an additional amount of money for transfer to the State Education Fund that the Governor determines to be sufficient to fund any recommendation or any portion of a recommendation that the Governor includes in the proposed executive budget.
4. As part of the proposed executive budget, the Governor may recommend to the Legislature a revision to any appropriation made by law pursuant to NRS 387.1214, including, without limitation, the statewide base per pupil funding amount, the adjusted base per pupil funding for any school district, the multiplier for weighted funding for any category of pupils or the creation or elimination of a category of pupils to receive additional weighted funding. The Governor may recommend additional funding for any recommendation made pursuant to this subsection.
5. If the Governor determines that it would be impracticable to prepare the proposed executive budget as described in subsection 1 or 2, the Governor may instead include in the proposed executive budget a recommendation for such funding for the public schools in this State as he or she determines to be appropriate. If the Governor includes in the proposed executive budget recommendations pursuant to this subsection, the recommendations must be accompanied by such recommendations for legislation as the Governor determines to be appropriate to improve the method by which funding for the public schools in this State is determined.
6. As used in this section, rate of inflation means the average percentage of increase or decrease in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the United States Department of Labor for the immediately preceding 3 calendar [year] years or, if that index ceases to be published by the United States Department of Labor, the published index that most closely resembles that index, as determined by the Governor.
Sec. 3. Chapter 353 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If the Superintendent of Public Instruction determines that the money due from the State Education Fund to a county school district, charter school or university school for profoundly gifted pupils pursuant to NRS 387.185 exceeds the amount of money available in the State Education Fund because of a delay in expected receipts, and a temporary advance requested pursuant to NRS 387.1213 will not provide adequate funding to address the shortfall, he or she may request from the Director of the Office of Finance a temporary advance from the State General Fund for the payment of such money due.
2. Upon receipt of a request made pursuant to subsection 1, the Director of the Office of Finance shall make a recommendation to the Interim Finance Committee to approve the temporary advance in whole or in part or to deny the request. If the Interim Finance Committee approves the request in whole or in part, the Director of the Office of Finance shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau of the amount approved by the Interim Finance Committee, and the State Controller shall draw his or her warrant upon receipt of such a notice of approval.
κ2023 Statutes of Nevada, Page 3051 (CHAPTER 496, AB 523)κ
Legislative Counsel Bureau of the amount approved by the Interim Finance Committee, and the State Controller shall draw his or her warrant upon receipt of such a notice of approval. Any money which is temporarily advanced from the State General Fund pursuant to this section must be repaid by August 31 following the end of the fiscal year in which the temporary advance is made.
Sec. 4. NRS 555.470 is hereby amended to read as follows:
555.470 1. The Director shall adopt regulations specifying a schedule of fines which may be imposed, upon notice and a hearing, for each violation of the provisions of NRS 555.2605 to 555.460, inclusive. The maximum fine that may be imposed by the Director for each violation must not exceed $5,000 per day. All fines collected by the Director pursuant to this subsection must be remitted to the [county treasurer of the county in which the violation occurred] State Treasurer for deposit to the credit [to the county school district fund.] of the State Education Fund.
2. The Director may:
(a) In addition to imposing a fine pursuant to subsection 1, issue an order requiring a violator to take appropriate action to correct the violation; or
(b) Request the district attorney of the appropriate county to investigate or file a criminal complaint against any person that the State Board of Agriculture suspects may have violated any provision of NRS 555.2605 to 555.460, inclusive.
Sec. 5. Section 2.3 of Senate Bill No. 124 of this session is hereby amended to read as follows:
Sec. 2.3. NRS 387.1213 is hereby amended to read as follows:
387.1213 1. The Education Stabilization Account is hereby created in the State Education Fund. Except as otherwise provided in subsections 3, 4 and 5, each year after the close of the previous fiscal year and before the issuance of the State Controllers annual report, each county school district shall transfer from the county school district fund to the Education Stabilization Account any amount by which the actual ending fund balance of the county school district fund exceeds 16.6 percent of the total actual expenditures for the fund. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.
2. Money transferred pursuant to subsection 1 to the Education Stabilization Account is a continuing appropriation solely for the purpose of authorizing the expenditure of the transferred money for the purposes set forth in this section.
3. The balance in the Education Stabilization Account must not exceed [15] 20 percent of the total of all appropriations and authorizations from the State Education Fund, excluding the Education Stabilization Account, for the immediately preceding fiscal year. Any money transferred to the Education Stabilization Account which exceeds this amount must instead be transferred to the State Education Fund.
4. If the Interim Finance Committee finds that:
(a) Upon submission of a request from the Department, the actual enrollment growth for a fiscal year exceeds the projected enrollment growth by an amount that the Interim Finance Committee determines would make a transfer of money to the State Education Fund necessary to fund the excess enrollment; or
κ2023 Statutes of Nevada, Page 3052 (CHAPTER 496, AB 523)κ
(b) The collection of revenue in any fiscal year will result in the State Education Fund receiving [97 percent or] less [of the] money than authorized for expenditure from the State Education Fund,
Κ the Committee shall by resolution establish an amount of money to transfer from the Education Stabilization Account to the State Education Fund and direct the State Controller to transfer that amount to the State Education Fund. The State Controller shall thereupon make the transfer.
5. When determining the actual ending fund balance for the purposes of subsection 1, each county school district shall exclude:
(a) Any money deposited in the county school district fund on or before June 30, 2020;
(b) Any money apportioned to the county school district for capital projects or debt service pursuant to subsection 2 of NRS 362.170 and deposited in the county school district fund when authorized by law; and
(c) Any money transferred to the county school district and authorized for expenditure as a continuing appropriation pursuant to paragraph (b) of subsection 6 of NRS 387.1214.
6. If the Superintendent of Public Instruction determines that the money due from the State Education Fund to a county school district, charter school or university school for profoundly gifted pupils pursuant to NRS 387.185 exceeds the amount of money available in the State Education Fund because of a delay in expected receipts, he or she may request from the Director of the Office of Finance a temporary advance from the Education Stabilization Account for the payment of such money due. Upon receipt of such a request, the Director of the Office of Finance shall make a recommendation to the Interim Finance Committee to approve the temporary advance in whole or in part or to deny the request. If the Interim Finance Committee approves the request in whole or in part, the Director of the Office of Finance shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau of the amount approved by the Interim Finance Committee, and the State Controller shall draw his or her warrant upon receipt of such a notice of approval. Any money which is temporarily advanced from the Education Stabilization Account pursuant to this subsection must be repaid by August 31 following the end of the fiscal year in which the temporary advance is made.
7. The balance remaining in the State Education Fund, excluding the balance remaining in the Education Stabilization Account, that has not been committed for expenditure on or before June 30 of an odd-numbered fiscal year must be transferred to the Education Stabilization Account to the extent that such a transfer would not cause the balance in the Education Stabilization Account to exceed the limit established in subsection 3.
Sec. 6. Section 2.5 of Senate Bill No. 124 of this session is hereby amended to read as follows:
Sec. 2.5. NRS 387.1214 is hereby amended to read as follows:
387.1214 1. After a direct legislative appropriation is made to the State Education Fund from the State General Fund pursuant to NRS 387.1212, the Legislature shall determine the statewide base per pupil funding amount for each fiscal year of the biennium, which is the amount of money expressed on a per pupil basis for the projected enrollment of the public schools in this State, determined to be sufficient by the Legislature to fund the costs of all public schools in this State to operate and provide general education to all pupils for any purpose for which specific funding is not appropriated pursuant to paragraph (a), (b) or (e) of subsection 2 or NRS 387.122.
κ2023 Statutes of Nevada, Page 3053 (CHAPTER 496, AB 523)κ
pupil funding amount for each fiscal year of the biennium, which is the amount of money expressed on a per pupil basis for the projected enrollment of the public schools in this State, determined to be sufficient by the Legislature to fund the costs of all public schools in this State to operate and provide general education to all pupils for any purpose for which specific funding is not appropriated pursuant to paragraph (a), (b) or (e) of subsection 2 or NRS 387.122. It is the intent of the Legislature that the statewide base per pupil funding amount for any fiscal year, to the extent practicable, be not less than the statewide base per pupil funding amount for the immediately preceding fiscal year, adjusted by the rate of inflation, unless the amount of money contained in the State Education Fund, excluding the Education Stabilization Account, decreases from the preceding fiscal year. If the amount of money contained in the State Education Fund, excluding the Education Stabilization Account, decreases from the preceding fiscal year, it is the intent of the Legislature that a proportional reduction be made in both the statewide base per pupil funding amount and the weighted funding appropriated pursuant to paragraph (e) of subsection 2.
2. After a direct legislative appropriation is made to the State Education Fund from the State General Fund pursuant to NRS 387.1212, the money in the State Education Fund, excluding any amount of money in the Education Stabilization Account, must be appropriated as established by law for each fiscal year of the biennium for the following purposes:
(a) To each school district, an amount of money determined to be sufficient by the Legislature, when combined with any other resources available for this purpose, to provide food services and transportation for pupils and any other similar service that the Legislature deems appropriate.
(b) To each school district, charter school or university school for profoundly gifted pupils, an amount of money determined to be sufficient by the Legislature, when combined with any other resources available for this purpose, to provide local funding to support pupils with disabilities.
(c) To each school district, an amount of money determined to be sufficient by the Legislature, when combined with any other resources available for this purpose, to provide adjusted base per pupil funding for each pupil estimated to be enrolled in the school district.
(d) To each charter school or university school for profoundly gifted pupils, an amount of money determined to be sufficient by the Legislature, when combined with any other resources available for this purpose, to provide:
(1) The statewide base per pupil funding amount for each pupil estimated to be enrolled full-time in a program of distance education provided by the charter school or university school for profoundly gifted pupils; and
(2) Adjusted base per pupil funding for each pupil estimated to be enrolled in the charter school or university school for profoundly gifted pupils other than a pupil identified in subparagraph (1).
κ2023 Statutes of Nevada, Page 3054 (CHAPTER 496, AB 523)κ
(e) To each school district, charter school or university school for profoundly gifted pupils, an amount of money determined to be sufficient by the Legislature, when combined with any other resources available for this purpose, to provide additional weighted funding for each pupil estimated to be enrolled in the school district, charter school or university school for profoundly gifted pupils who is:
(1) An English learner;
(2) An at-risk pupil; or
(3) A gifted and talented pupil.
3. The adjusted base per pupil funding appropriated pursuant to paragraph (c) of subsection 2 for each school district must be determined by applying the cost adjustment factor established pursuant to NRS 387.1215 which applies to the school district and the attendance area adjustment established pursuant to NRS 387.1218 which applies to each applicable area of the school district to the statewide base per pupil funding amount.
4. The adjusted base per pupil funding appropriated pursuant to subparagraph (2) of paragraph (d) of subsection 2 for each charter school or university school for profoundly gifted pupils must be determined by applying the cost adjustment factor established pursuant to NRS 387.1215 which applies to the charter school or university school and, if applicable, the attendance area adjustment established pursuant to NRS 387.1218 to the statewide base per pupil funding amount.
5. The weighted funding appropriated pursuant to paragraph (e) of subsection 2 must be established separately for each category of pupils identified in that paragraph and expressed as a multiplier to be applied to the statewide base per pupil funding amount determined pursuant to subsection 1. A pupil who belongs to more than one category of pupils or for whom a school district, charter school or university school for profoundly gifted pupils is eligible to receive the statewide multiplier pursuant to NRS 387.122 must receive only the weighted funding for the single category to which the pupil belongs which has the largest multiplier or the statewide multiplier, whichever is larger. It is the intent of the Legislature that, to the extent practicable:
(a) The multiplier for each category of pupils for any fiscal year be not less than the multiplier for the immediately preceding fiscal year unless:
(1) The amount of money contained in the State Education Fund, excluding the Education Stabilization Account, decreases from the preceding fiscal year, in which event it is the intent of the Legislature that a proportional reduction be made in both the statewide base per pupil funding amount and the weighted funding appropriated pursuant to paragraph (e) of subsection 2; or
(2) The amount of money contained in the State Education Fund, excluding the Education Stabilization Account, increases from the preceding fiscal year but in an amount which, after funding the appropriations required by paragraphs (a) to (d), inclusive, of subsection 2, is insufficient to fund the multiplier for each category of pupils, in which event it is the intent of the Legislature that the remaining money in the State Education Fund be used to provide a multiplier for each category of pupils which is as close as practicable to the multiplier for the preceding fiscal year;
κ2023 Statutes of Nevada, Page 3055 (CHAPTER 496, AB 523)κ
multiplier for each category of pupils which is as close as practicable to the multiplier for the preceding fiscal year;
(b) The recommendations of the Commission for the multiplier for each category of pupils be considered and the multiplier for one category of pupils may be changed by an amount that is not proportional to the change in the multiplier for one or more other categories of pupils if the Legislature determines that a disproportionate need to serve the pupils in the affected category exists; and
(c) If the multipliers for all categories of pupils in a fiscal year are increased from the multipliers in the immediately preceding fiscal year, a proportional increase is considered for the statewide base per pupil funding amount.
6. For any money identified in subsection 4 of NRS 362.170 which is deposited to the credit of the State Education Fund:
(a) The amount of such money for the county from which the money was collected that does not exceed the total amount of money appropriated pursuant to subsection 2 to the county school district is deemed to be the first money appropriated pursuant to subsection 2 for that county school district and the first money spent by that county school district from the county school district fund during the applicable fiscal year.
(b) The amount of such money for the county from which the money was collected which exceeds the total amount of money appropriated pursuant to subsection 2 to the county school district must be transferred to the county school district and is hereby authorized for expenditure as a continuing appropriation for the purpose of mitigating the adverse effects of the cyclical nature of the industry of extracting and processing minerals on the ability of the county school district to offer its pupils a reasonably equal educational opportunity.
7. The weighted funding appropriated pursuant to paragraph (e) of subsection 2:
(a) May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district or the governing body of a charter school and the school district or governing body or to settle any negotiations; and
(b) May not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.
8. As used in this section, rate of inflation has the meaning ascribed to it in NRS 387.12455.
Sec. 7. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 4, inclusive, and 6 of this act become effective on July 1, 2023.
3. Section 5 of this act becomes effective on October 1, 2023.
________
κ2023 Statutes of Nevada, Page 3056κ
Assembly Bill No. 518Committee on Ways and Means
Joint Sponsor: Senate Committee on Finance
CHAPTER 497
[Approved: June 15, 2023]
AN ACT relating to indigent defense; establishing the maximum amount that certain counties are required to pay for the provision of indigent defense services for Fiscal Year 2023-2024; establishing a formula for determining the maximum amount that such counties may be required to pay for the provision of indigent defense services in subsequent fiscal years; establishing a formula for determining the maximum amount that other counties may be required to pay for the provision of indigent defense services; prohibiting a county from seeking state contributions for the provision of indigent defense services in excess of the maximum county contribution for the costs of capital improvement projects relating to the provision of indigent defense services; establishing the procedure by which a county may seek state contributions for the provision of indigent defense services in excess of the maximum county contribution; authorizing the designee of a board of county commissioners to perform certain actions relating to corrective action plans; revising the date on which certain reports related to the provision of indigent defense services must be submitted to the Department of Indigent Defense Services; making an appropriation to the Interim Finance Committee for allocation to the Department for the reimbursement of counties for costs in excess of their maximum contribution amounts for the provision of indigent defense services and for the funding of certain other costs relating to the provision of indigent defense services; making an appropriation to the Department for certain costs related to pretrial release hearings that are or may be conducted on a weekend or holiday; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Board on Indigent Defense Services to adopt regulations to establish a formula for determining the maximum amount that a county may be required to pay for the provision of indigent defense services. (NRS 180.320) Section 5 of this bill removes that requirement, and section 2 of this bill instead establishes: (1) the maximum amount that each county whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties) is required to pay for the provision of indigent defense services for Fiscal Year 2023-2024; and (2) a statutory formula for determining the maximum amount that such a county may be required to pay for the provision of indigent defense services for each fiscal year after Fiscal Year 2023-2024. Section 2 also establishes a statutory formula for determining the maximum amount that each county whose population is 100,000 or more (currently Clark and Washoe Counties) is required to pay for the provision of indigent defense services. Section 2 additionally provides that a county may seek state contributions for the provision of indigent defense services in excess of the maximum county contribution after the county has exceeded its maximum contribution but prohibits a county from seeking such state contributions for the costs of any capital improvement projects relating to the provision of indigent defense services.
κ2023 Statutes of Nevada, Page 3057 (CHAPTER 497, AB 518)κ
improvement projects relating to the provision of indigent defense services. Sections 4 and 6 of this bill make conforming changes by replacing references to the maximum county contribution being determined by the formula set forth in regulation with references to the maximum county contribution being determined in accordance with section 2.
Section 3 of this bill establishes the procedure by which a county may seek state contributions for the provision of indigent defense services in excess of the maximum county contribution on a quarterly basis.
Section 6 of this bill authorizes the designee of a board of county commissioners to perform certain actions otherwise performed by the board of county commissioners with regard to certain corrective action plans.
Existing law requires the board of county commissioners of each county with a public defender or which contracts for indigent defense services to provide an annual report concerning the provision of indigent defense services to the Department of Indigent Defense Services on or before May 1 of each year. (NRS 260.070) Section 6.5 of this bill changes the required date of the submission of the report to on or before May 31 of each year, unless the Department requires the report to be provided on a quarterly basis.
Section 7 of this bill makes an appropriation from the State General Fund to the Interim Finance Committee for allocation to the Department to fund the: (1) reimbursement of counties for costs in excess of their maximum contribution amounts for the provision of indigent defense services; (2) costs of the Department related to compliance with the Davis v. State (Nev. First Jud. Dist. Ct. Case No. 170C002271B (Aug. 11, 2020)) consent judgment; (3) costs of the Office of the State Public Defender for contracting for legal services for complex cases; and (4) costs for training and pay parity for attorneys who provide indigent defense services.
Section 7.3 of this bill makes an appropriation from the State General Fund to the Department for certain costs related to pretrial release hearings that are or may be conducted on a weekend or holiday. A portion of the appropriation must be allocated to counties whose population is less than 100,000 for the payment of stipends to: (1) prosecuting attorneys for being available to serve or serving as the prosecuting attorney in a pretrial release hearing conducted on a weekend or holiday; and (2) magistrates for being available to conduct or conducting a pretrial release hearing on a weekend or holiday. The remaining portion of the appropriation must be used by the Department for the payment of stipends to attorneys for being available to represent or representing a defendant in a pretrial release hearing conducted on a weekend or holiday in a county whose population is less than 100,000.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 180 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The maximum amount that a county may be required to pay for the provision of indigent defense services during a fiscal year is:
(a) In a county whose population is less than 100,000:
(1) For Fiscal Year 2023-2024, the applicable amount set forth in the table below, as determined by the calculated maximum contribution amount for the county for providing indigent defense services for Fiscal Year 2022-2023, increased by the percentage equal to the lesser of:
(I) The cost of inflation, as measured by the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the United States Department of Labor for the immediately preceding calendar year or, if that index ceases to be published by the United States Department of Labor, the published index that most closely resembles that index, as determined by the Department; or
κ2023 Statutes of Nevada, Page 3058 (CHAPTER 497, AB 518)κ
Department of Labor, the published index that most closely resembles that index, as determined by the Department; or
(II) Five percent.
Carson City.................................................................................. $1,903,177
Churchill............................................................................................ 375,706
Douglas.............................................................................................. 892,658
Elko................................................................................................. 1,946,335
Esmeralda............................................................................................ 94,702
Eureka................................................................................................. .41,808
Humboldt........................................................................................... 493,319
Lander................................................................................................ 102,569
Lincoln............................................................................................... 187,530
Lyon.................................................................................................... 851,690
Mineral................................................................................................. 95,963
Nye...................................................................................................... 866,049
Pershing............................................................................................. 258,163
Storey.................................................................................................... 93,593
White Pine......................................................................................... 461,448
(2) For each fiscal year after Fiscal Year 2023-2024, an amount equal to the calculated maximum contribution amount for the county for providing indigent defense services for the immediately preceding fiscal year, increased by the percentage equal to the lesser of:
(I) The cost of inflation, as measured by the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the United States Department of Labor for the immediately preceding calendar year or, if that index ceases to be published by the United States Department of Labor, the published index that most closely resembles that index, as determined by the Department; or
(II) Five percent.
(b) In a county whose population is 100,000 or more:
(1) The actual costs to the county for providing indigent defense services for the immediately preceding fiscal year; and
(2) The percentage equal to the lesser of:
(I) The cost of inflation, as measured by the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the United States Department of Labor for the immediately preceding calendar year or, if that index ceases to be published by the United States Department of Labor, the published index that most closely resembles that index, as determined by the Department; or
(II) Five percent.
2. If a county whose population is less than 100,000 chooses to transfer to the State Public Defender the responsibility of providing representation in:
(a) Direct appeals to the appellate court of competent jurisdiction, the cost of providing representation in those cases is a charge against the State and is excluded from the required maximum contribution of the county.
(b) Death penalty cases, the State Public Defender shall submit to the county an estimate for the representation. The county is responsible for paying 25 percent of the estimate and shall make such a payment in accordance with NRS 180.110. Such payments count towards the maximum contribution of the county.
κ2023 Statutes of Nevada, Page 3059 (CHAPTER 497, AB 518)κ
3. Except as otherwise provided in subsection 4, a county may seek state contributions for the provision of indigent defense services in excess of the maximum contribution of the county, as determined pursuant to this section, after the county has exceeded its maximum contribution.
4. A county may not seek state contributions for the provision of indigent defense services in excess of the maximum contribution of the county, as determined pursuant to this section, for the costs of any capital improvement projects relating to the provision of indigent defense services, including, without limitation, costs relating to the construction of a room or area in a courthouse in which an attorney who provides indigent defense services may consult with a client or any other capital improvement project that is indirectly related to the provision of indigent defense services.
5. Nothing in this section limits a county from expending more than its maximum contribution for the provision of indigent defense services, as determined pursuant to this section.
Sec. 3. 1. A county may seek state contributions for the provision of indigent defense services in excess of the maximum contribution of the county, as determined pursuant to section 2 of this act, as follows:
(a) For a county whose population is less than 100,000, the Executive Director shall include the estimated state contribution for the county for the provision of indigent defense services, based upon the annual reporting of the county pursuant to NRS 260.070, in the budget for the Department to help support the indigent defense services provided by the county.
(b) For a county whose population is 100,000 or more, if the county intends to seek state contributions for the provision of indigent defense services in excess of the maximum contribution of the county, as determined pursuant to section 2 of this act, the board of county commissioners for the county, or its designee, shall notify the Department in writing of the intention of the county to seek such contributions in the upcoming biennium, on a form prescribed by the Department, on or before March 1 of the next odd-numbered year. The Executive Director shall include the state contribution for the county in the next budget for the Department to help support the indigent defense services provided by the county.
2. If a county seeks state contributions pursuant to subsection 1, the board of county commissioners for the county, or its designee, shall submit a financial status report to the Department on a form prescribed, and in accordance with the timeline established, by the Department.
Sec. 4. NRS 180.110 is hereby amended to read as follows:
180.110 1. Each fiscal year the State Public Defender may collect from the counties amounts which do not exceed those authorized by the Legislature for use of the State Public Defenders services during that year. The amount that a county may be required to pay must not exceed the maximum amount determined [using the formula established by the Board pursuant to NRS 180.320.] in accordance with section 2 of this act.
2. The State Public Defender shall submit to the county an estimate on or before the first day of May and that estimate becomes the final bill unless the county is notified of a change within 2 weeks after the date on which the county contribution is approved by the Legislature. The county shall pay the bill:
(a) In full within 30 days after the estimate becomes the final bill or the county receives the revised estimate; or
κ2023 Statutes of Nevada, Page 3060 (CHAPTER 497, AB 518)κ
(b) In equal quarterly installments on or before the 1st day of July, October, January and April, respectively.
Κ The counties shall pay their respective amounts to the State Public Defender who shall deposit the amounts with the Treasurer of the State of Nevada and shall expend the money in accordance with the State Public Defenders approved budget.
Sec. 5. NRS 180.320 is hereby amended to read as follows:
180.320 1. The Board on Indigent Defense Services shall:
(a) Receive reports from the Executive Director and provide direction to the Executive Director concerning measures to be taken by the Department to ensure that indigent defense services are provided in an effective manner throughout this State.
(b) Review information from the Department regarding caseloads of attorneys who provide indigent defense services.
(c) Direct the Executive Director to conduct any additional audit, investigation or review the Board deems necessary to determine whether minimum standards in the provision of indigent defense services are being followed and provided in compliance with constitutional requirements.
(d) Work with the Executive Director to develop procedures for the mandatory collection of data concerning the provision of indigent defense services, including the manner in which such services are provided.
(e) Provide direction to the Executive Director concerning annual reports and review drafts of such reports.
(f) Review and approve the budget for the Department.
(g) Review any recommendations of the Executive Director concerning improvements to the criminal justice system and legislation to improve the provision of indigent defense services in this State.
(h) Provide advice and recommendations to the Executive Director on any other matter.
2. In addition to the duties set forth in subsection 1, the Board shall:
(a) Establish minimum standards for the delivery of indigent defense services to ensure that such services meet the constitutional requirements and do not create any type of economic disincentive or impair the ability of the defense attorney to provide effective representation.
(b) Establish a procedure to receive complaints and recommendations concerning the provision of indigent defense services from any interested person including, without limitation, judges, defendants, attorneys and members of the public.
(c) Work with the Department to develop resolutions to complaints or to carry out recommendations.
(d) Adopt regulations establishing standards for the provision of indigent defense services including, without limitation:
(1) Establishing requirements for specific continuing education and experience for attorneys who provide indigent defense services.
(2) Requiring attorneys who provide indigent defense services to track their time and provide reports, and requiring the State Public Defender and counties that employ attorneys or otherwise contract for the provision of indigent defense services to require or include a provision in the employment or other contract requiring compliance with the regulations.
(3) Establishing standards to ensure that attorneys who provide indigent defense services track and report information in a uniform manner.
(4) Establishing guidelines to be used to determine the maximum caseloads for attorneys who provide indigent defense services.
κ2023 Statutes of Nevada, Page 3061 (CHAPTER 497, AB 518)κ
(5) Requiring the Department of Indigent Defense Services and each county that employs or contracts for the provision of indigent defense services to ensure, to the greatest extent possible, consistency in the representation of indigent defendants so that the same attorney represents a defendant through every stage of the case without delegating the representation to others, except that administrative and other tasks which do not affect the rights of the defendant may be delegated. A provision must be included in each employment or other contract of an attorney providing indigent defense services to require compliance with the regulations.
(e) Establish recommendations for the manner in which an attorney who is appointed to provide indigent defense services may request and receive reimbursement for expenses related to trial, including, without limitation, expenses for expert witnesses and investigators.
(f) Work with the Executive Director and the Dean of the William S. Boyd School of Law of the University of Nevada, Las Vegas, or his or her designee, to determine incentives to recommend offering to law students and attorneys to encourage them to provide indigent defense services, especially in rural areas of the State.
(g) Review laws and recommend legislation to ensure indigent defendants are represented in the most effective and constitutional manner.
3. [The Board shall adopt regulations to establish a formula for determining the maximum amount that a county may be required to pay for the provision of indigent defense services.
4.] The Board shall adopt any additional regulations it deems necessary or convenient to carry out the duties of the Board and the provisions of this chapter.
Sec. 6. NRS 180.450 is hereby amended to read as follows:
180.450 1. If a corrective action plan is recommended pursuant to NRS 180.440, the deputy director and the board of county commissioners , or its designee, must collaborate on the manner in which the county will meet the minimum standards for the provision of indigent defense services and the time by which the county must meet those minimum standards. Any disagreement must be resolved by the Board. Each corrective action plan must be submitted to and approved by the Board.
2. If the plan established pursuant to subsection 1 will cause the county to expend more money than budgeted by the county in the previous budget year plus inflation for the provision of indigent defense services, the Executive Director shall include the additional amount needed by the county in the next budget for the Department of Indigent Defense Services to help support the indigent defense services provided by the county. If additional money is needed to carry out the plan before the next budget cycle, the Executive Director shall submit a request to the Interim Finance Committee for an allocation from the Contingency Account pursuant to NRS 353.266 to cover the additional costs.
3. For any county that is not required to have an office of public defender pursuant to NRS 260.010, if the additional amount included in the budget of the Department pursuant to subsection 2 is not approved, the board of county commissioners for the county to which the amount applies may determine whether to continue providing indigent defense services for the county or enter into an agreement with the Executive Director to transfer responsibility for the provision of such services to the State Public Defender.
κ2023 Statutes of Nevada, Page 3062 (CHAPTER 497, AB 518)κ
4. If a county does not meet the minimum standards for the provision of indigent defense services within the period established in the corrective action plan for the county, the deputy director shall inform the Executive Director.
5. Upon being informed by the deputy director pursuant to subsection 4 that a county has not complied with a corrective action plan, the Executive Director must review information regarding the provision of indigent defense services in the county and determine whether to recommend establishing another corrective action plan with the board of county commissioners of the county [.] , or its designee. For a county that is not required to have an office of public defender pursuant to NRS 260.010, the Executive Director may instead recommend requiring the board of county commissioners to transfer responsibility for the provision of all indigent defense services for the county to the State Public Defender. The recommendation of the Executive Director must be submitted to and approved by the Board. Once approved, the board of county commissioners shall comply with the decision of the Board.
6. If a county is required to transfer or voluntarily transfers responsibility for the provision of all indigent defense services for the county to the State Public Defender:
(a) The board of county commissioners for the county , or its designee, shall notify the State Public Defender in writing on or before November 1 of the next even-numbered year and the responsibilities must transfer at a specified time on or after July 1 of the odd-numbered year following the year in which the notice was given, as determined by the Executive Director.
(b) The board of county commissioners for the county shall pay the State Public Defender in the same manner and in an amount determined in the same manner as other counties for which the State Public Defender has responsibility for the provision of indigent defense services. The amount that a county may be required to pay must not exceed the maximum amount determined [using the formula established by the Board pursuant to NRS 180.320.] in accordance with section 2 of this act.
Sec. 6.5. NRS 260.070 is hereby amended to read as follows:
260.070 1. The public defender shall make an annual report to:
(a) The board of county commissioners covering all cases handled by his or her office during the preceding year.
(b) The Department of Indigent Defense Services created by NRS 180.400 which includes any information required by the Department.
2. The board of county commissioners of each county with a public defender or which contracts for indigent defense services shall provide an annual report to the Department on or before May [1] 31 of each year [.] , unless the Department requires the report to be provided on a quarterly basis. The report must include any information requested by the Department concerning the provision of indigent defense services in the county and must include, without limitation, the plan for the provision of indigent defense services for the county for the next fiscal year [.] or, if the Department requires the report to be provided on a quarterly basis, for the next quarter.
3. As used in this section, indigent defense services has the meaning ascribed to it in NRS 180.004.
Sec. 7. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $6,306,880 in Fiscal Year 2023-2024 and the sum of $6,613,033 in Fiscal Year 2024-2025 for allocation to the Department of Indigent Defense Services to fund:
κ2023 Statutes of Nevada, Page 3063 (CHAPTER 497, AB 518)κ
(a) The reimbursement of counties for costs in excess of their maximum contribution amounts for the provision of indigent defense services, including, without limitation, the costs of compliance with workload standards;
(b) The costs of the Department related to compliance with the Davis v. State (Nev. First Jud. Dist. Ct. Case No. 170C002271B (Aug. 11, 2020)) consent judgment;
(c) The costs of the Office of State Public Defender for contracting for legal services for complex cases; and
(d) The costs for training and pay parity for attorneys who provide indigent defense services.
2. Money appropriated by subsection 1 may only be allocated by the Interim Finance Committee upon recommendation of the Governor, and upon submittal by the Department of Indigent Defense Services of documentation of the costs.
3. The sums appropriated by subsection 1 are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2025, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2025.
Sec. 7.3. 1. There is hereby appropriated from the State General Fund to the Department of Indigent Defense Services for certain costs related to pretrial release hearings that are or may be conducted on a weekend or holiday the following sums:
For the Fiscal Year 2023-2024................................................. $1,474,200
For the Fiscal Year 2024-2025................................................. $1,474,200
2. The sums appropriated pursuant to subsection 1 must be allocated as follows:
(a) On or before August 1, 2023, and August 1, 2024, the Executive Director of the Department of Indigent Defense Services shall pay $982,800 to the counties in this State whose population is less than 100,000, with each county receiving the following applicable amount:
Carson City........................................................................................ $46,800
Churchill............................................................................................... 46,800
Douglas................................................................................................. 93,600
Elko....................................................................................................... 93,600
Esmeralda............................................................................................. 46,800
Eureka................................................................................................... 46,800
Humboldt.............................................................................................. 46,800
Lander................................................................................................... 46,800
Lincoln.................................................................................................. 93,600
Lyon...................................................................................................... 93,600
Mineral.................................................................................................. 46,800
Nye........................................................................................................ 93,600
Pershing................................................................................................ 46,800
Storey.................................................................................................... 46,800
White Pine............................................................................................ 93,600
κ2023 Statutes of Nevada, Page 3064 (CHAPTER 497, AB 518)κ
(b) The remaining $491,400 must be distributed to the Department of Indigent Defense Services for the purposes set forth in subsection 4.
3. Money allocated pursuant to paragraph (a) of subsection 2:
(a) Must be used only to pay a stipend of $450 per day to a:
(1) District attorney, assistant district attorney, deputy district attorney or other attorney employed by a district attorney for being available on a weekend or holiday to serve as the prosecuting attorney in a pretrial release hearing required by NRS 178.4849 or for serving as the prosecuting attorney in any such pretrial release hearing conducted on a weekend or holiday in a county whose population is less than 100,000; or
(2) Magistrate for being available on a weekend or holiday to conduct a pretrial release hearing required by NRS 178.4849 or for conducting any such pretrial release hearing on a weekend or holiday. As used in this subparagraph, magistrate means a judicial officer who presides over a pretrial release hearing.
(b) Except as otherwise provided in paragraph (a), must not be used to pay any other staffing costs, including, without limitation, any staffing costs attributable to the courts, district attorneys, public defenders or sheriffs.
4. Money distributed to the Department of Indigent Defense Services pursuant to paragraph (b) of subsection 2 must be used only to provide a stipend of $450 per day to a public defender, the State Public Defender or any other attorney employed by the public defender or State Public Defender for being available on a weekend or holiday to represent a defendant in a pretrial release hearing required by NRS 178.4849 or to represent a defendant in any such pretrial release hearing conducted on a weekend or holiday in a county whose population is less than 100,000.
5. The expenditure of money allocated pursuant to paragraph (a) of subsection 2 by a county is subject to an annual audit of the county. Each county that receives money allocated pursuant to paragraph (a) of subsection 2 shall provide, on or before October 1, 2024, and October 1, 2025, a report to the Director of the Legislative Counsel Bureau, for transmittal to the Legislature and the Department of Indigent Defense Services, that sets forth the expenditure of such money for the immediately preceding fiscal year.
6. Any remaining balance of the allocations made by paragraph (a) of subsection 2 and the money distributed to the Department of Indigent Defense Services pursuant to paragraph (b) of subsection 2 from the appropriation made by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, respectively.
Sec. 7.7. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 8. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 3065κ
Assembly Bill No. 503Committee on Judiciary
CHAPTER 498
[Approved: June 15, 2023]
AN ACT relating to background checks; establishing requirements relating to investigations into the criminal backgrounds of volunteers of a charter school, university school for profoundly gifted pupils or school district who are likely to have unsupervised contact with pupils; removing provisions authorizing the disclosure of information relating to the criminal history of an applicant for a license as a teacher or another educational personnel position to the administrator of a private school; removing certain requirements imposed on the Department of Education regarding persons whose applications for a license are denied because of a conviction of a sexual offense involving a minor; revising provisions concerning applicants for employment with a school district who are required to submit fingerprints to the school district; removing provisions requiring an applicant for employment with or employee of a private school or volunteer to submit fingerprints to the administrator of the private school and accordingly repealing provisions concerning exceptions to such a requirement; requiring applicants for certain licenses, certificates or permits to submit to the applicable regulatory body a complete set of fingerprints and written permission authorizing the applicable regulatory body to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant; removing the applicability of certain requirements to applicants for a license to practice any of the special branches of dental hygiene, dental therapy or dentistry; defining the term dentistry; revising provisions of the Psychology Interjurisdictional Compact concerning the disclosure of certain information relating to licensed psychologists; defining certain terms relating to reports on the criminal history of certain persons associated with medical cannabis establishments and adult-use cannabis establishments; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes certain circumstances in which a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the governing body of a charter school, the governing body of a university school for profoundly gifted pupils or the board of trustees of a school district. (NRS 388A.516, 388C.205, 391.105) Sections 7, 8 and 11 of this bill establish requirements relating to investigations into the criminal background of such volunteers that are conducted in such circumstances.
Existing law requires an applicant for a license as a teacher or another educational personnel position to submit to the Superintendent of Public Instruction a complete set of his or her fingerprints and written permission authorizing the Superintendent to forward the fingerprints to the Central Repository for its report on the criminal history of the applicant and for submission to the Federal Bureau of Investigation (hereinafter FBI) for its report on the criminal history of the applicant.
κ2023 Statutes of Nevada, Page 3066 (CHAPTER 498, AB 503)κ
FBI) for its report on the criminal history of the applicant. Existing law requires the Superintendent to forward the information obtained from an investigation of the applicant to the board of trustees of a school district, the governing body of a charter school or the university school for profoundly gifted pupils or the administrator of a private school where the applicant is employed or seeking employment. (NRS 391.033) Section 9 of this bill removes such a requirement. Existing law also requires the Department of Education to: (1) maintain a list of the names of persons whose applications for a license are denied due to conviction of a sexual offense involving a minor; (2) update the list monthly; and (3) provide the list to the board of trustees of a school district or the governing body of a charter school upon request. (NRS 391.033) Section 9 removes such provisions.
Existing law authorizes the board of trustees of a school district to employ teacher aides and other auxiliary, nonprofessional personnel to assist licensed personnel in the instruction or supervision of children. (NRS 391.100) Section 10 of this bill replaces the term other auxiliary, nonprofessional personnel with the term paraprofessionals.
Existing law requires certain applicants for employment with and employees of a private school and volunteers at a private school who are likely to have unsupervised contact with pupils to submit to the administrator of the private school, before beginning employment and at least once every 5 years thereafter, a complete set of fingerprints of the applicant, employee or volunteer and written permission authorizing the administrator to forward those fingerprints to the Central Repository for its report on the criminal history of the applicant, employee or volunteer and for submission to the FBI for its report on the criminal history of the applicant, employee or volunteer. (NRS 394.155) Existing law also provides exceptions to such a requirement in certain circumstances for volunteers at a private school who are likely to have unsupervised contact with pupils. (NRS 394.157) Section 13 of this bill removes such provisions requiring the submission of fingerprints to the administrator of a private school, and section 89 of this bill accordingly repeals the exceptions to such a requirement. Section 12 of this bill makes a conforming change to remove a reference to the repealed section containing the exceptions to such a requirement.
Existing law requires every applicant for a license to practice dental hygiene, dental therapy or dentistry, or any of its special branches, to satisfy certain requirements as part of the application process. (NRS 631.220) Section 53 of this bill removes the applicability of the requirements to such special branches. Section 51 of this bill defines the term dentistry, and section 52 of this bill makes a conforming change to indicate the proper placement of section 51 in the Nevada Revised Statutes.
Existing law enacts the Psychology Interjurisdictional Compact, which is designed, in general, to allow telepsychological practice across state lines and temporary in-person, face-to-face services into a state in which a psychologist is not licensed to practice psychology. The Compact requires the Psychology Interjurisdictional Compact Commission to provide for the development and maintenance of a Coordinated Licensure Information System (hereinafter Coordinated Database) to which a compact state is required to submit certain information concerning licensees. The Compact also authorizes the Commission to convene in a closed, nonpublic meeting if the Commission must discuss certain information, including the disclosure of investigatory records compiled for law enforcement purposes. (NRS 641.227) Section 60 of this bill: (1) prohibits a compact state from submitting to the Coordinated Database any information concerning the criminal history of a licensee that is included in a report from the Central Repository or the FBI; and (2) removes the ability of the Commission to discuss the disclosure of investigatory records compiled for law enforcement purposes.
Existing law establishes the requirements for the licensing of marriage and family therapists, clinical professional counselors, marriage and family therapist interns and clinical professional counselor interns. (NRS 641A.210-641A.2888) Section 61 of this bill provides that an applicant for a license to practice as a marriage and family therapist or clinical professional counselor, a license by endorsement to practice as a marriage and family therapist or clinical professional counselor or a license as a marriage and family therapist intern or clinical professional counselor intern, in addition to satisfying any other requirements, is required to submit to the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors a complete set of fingerprints and written permission authorizing the Board to forward those fingerprints to the Central Repository for its report on the criminal history of the applicant and for submission to the FBI for its report on the criminal history of the applicant.
κ2023 Statutes of Nevada, Page 3067 (CHAPTER 498, AB 503)κ
family therapist intern or clinical professional counselor intern, in addition to satisfying any other requirements, is required to submit to the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors a complete set of fingerprints and written permission authorizing the Board to forward those fingerprints to the Central Repository for its report on the criminal history of the applicant and for submission to the FBI for its report on the criminal history of the applicant.
Existing law requires an applicant for any license, permit or certificate issued by the Nevada Funeral and Cemetery Services Board to submit a complete set of his or her fingerprints to the Board. (NRS 642.511) Section 65 of this bill sets forth the specific licenses, permits and certificates for which an applicant is applying that require the submission of his or her fingerprints to the Board.
Existing law requires each applicant for a license to engage in the business of a medical cannabis establishment or an adult-use cannabis establishment and certain other persons associated with the proposed medical cannabis establishment or adult-use cannabis establishment to submit a complete set of the persons fingerprints and written permission authorizing the Cannabis Compliance Board to forward the fingerprints to the Central Repository for submission to the FBI for its report on the criminal history of the applicant or other person, as applicable. (NRS 678B.210, 678B.250) Sections 81-84 of this bill define certain terms for the purposes of such provisions. Section 85 of this bill makes a conforming change to indicate the proper placement of sections 81-84 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:
Sections 1-6. (Deleted by amendment.)
Sec. 7. NRS 388A.516 is hereby amended to read as follows:
388A.516 1. A volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the governing body of a charter school pursuant to NRS 388A.515 if the volunteer submits to the governing body a completed verification form prescribed by the Department, a statement from [an] a public entity described in this subsection that is acceptable to the governing body or other sufficient evidence, or the governing body otherwise determines, that:
(a) Not more than 6 months before the date on which the volunteer is required by NRS 388A.515 to submit his or her fingerprints, a federal, state or local governmental entity [or nonprofit entity] determined the volunteer to be eligible to interact with pupils at school as a volunteer; [and]
(b) It is the policy of the public entity to conduct an investigation into the criminal background of a volunteer who will interact with pupils at school and that investigation [:
(1) Includes the submission of fingerprints to the Federal Bureau of Investigation; and
(2) Meets] meets the requirements of paragraph (c) and any other requirements prescribed by regulation of the State Board [.] ; and
(c) For the purposes of the investigation conducted pursuant to paragraph (b):
(1) A statute of this State expressly requires a volunteer who will interact with pupils at school to submit a complete set of his or her fingerprints to the public entity and written permission authorizing the public entity to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the volunteer;
κ2023 Statutes of Nevada, Page 3068 (CHAPTER 498, AB 503)κ
of the volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the volunteer;
(2) The statute expressly requiring the volunteer to submit his or her fingerprints in accordance with subparagraph (1) has been reviewed and approved by the Federal Bureau of Investigation as satisfying the requirements of federal law; and
(3) The investigation was conducted pursuant to the statute described in subparagraphs (1) and (2).
2. In addition to the exception described in subsection 1, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the governing body of a charter school pursuant to NRS 388A.515 if the volunteer submits to the governing body a completed verification form prescribed by the Department, a statement from [an] a public entity described in this subsection that is acceptable to the governing body or other sufficient evidence, or the governing body otherwise determines that:
(a) The volunteer is employed by a federal, state or local governmental entity which has determined that the person is eligible to have unrestricted interaction with pupils as part of his or her official duties, which may include an unsupervised meeting with a pupil at a school; [and]
(b) It is the policy of the public entity to conduct an investigation into the criminal background of an employee who will have unrestricted interaction with pupils as part of his or her official duties and that investigation [:
(1) Includes the submission of fingerprints to the Federal Bureau of Investigation; and
(2) Meets] meets the requirements of paragraph (c) and any other requirements prescribed by regulation of the State Board [.] ; and
(c) For the purposes of the investigation conducted pursuant to paragraph (b):
(1) A statute of this State expressly requires an employee who will have unrestricted interaction with pupils as part of his or her official duties to submit a complete set of his or her fingerprints to the public entity and written permission authorizing the public entity to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the employee and for submission to the Federal Bureau of Investigation for its report on the criminal history of the employee;
(2) The statute expressly requiring the employee to submit his or her fingerprints in accordance with subparagraph (1) has been reviewed and approved by the Federal Bureau of Investigation as satisfying the requirements of federal law; and
(3) The investigation was conducted pursuant to the statute described in subparagraphs (1) and (2).
3. In addition to the exceptions described in subsections 1 and 2, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the governing body of a charter school pursuant to NRS 388A.515 if the volunteer submits to the governing body a completed form prescribed by the Department, a statement from [an] a public entity described in this subsection that is acceptable to the governing body or other sufficient evidence, or the governing body otherwise determines that:
κ2023 Statutes of Nevada, Page 3069 (CHAPTER 498, AB 503)κ
(a) Not more than 6 months before the date on which the volunteer is required by NRS 388A.515 to submit his or her fingerprints, [an] a public entity included on the list of entities compiled by the Department pursuant to NRS 391.106 determined the volunteer to be eligible for employment or licensure or to serve as a volunteer; [and]
(b) It is the policy of the public entity to conduct an investigation into the criminal background of an employee, licensee or volunteer, as applicable, and that investigation [:
(1) Includes the submission of fingerprints to the Federal Bureau of Investigation; and
(2) Meets] meets the requirements of paragraph (c) and any other requirements prescribed by regulation of the State Board [.] ; and
(c) For the purposes of the investigation conducted pursuant to paragraph (b):
(1) A statute of this State expressly requires an employee, licensee or volunteer, as applicable, to submit a complete set of his or her fingerprints to the public entity and written permission authorizing the public entity to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the employee, licensee or volunteer, as applicable, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the employee, licensee or volunteer, as applicable;
(2) The statute expressly requiring the employee, licensee or volunteer, as applicable, to submit his or her fingerprints in accordance with subparagraph (1) has been reviewed and approved by the Federal Bureau of Investigation as satisfying the requirements of federal law; and
(3) The investigation was conducted pursuant to the statute described in subparagraphs (1) and (2).
4. In addition to the exceptions described in subsections 1, 2 and 3, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the governing body of a charter school pursuant to NRS 388A.515 if:
(a) The volunteer submits to the governing body a completed verification form prescribed by the Department, a statement from [an] a public entity described in this subsection that is acceptable to the governing body or other sufficient evidence, or the governing body otherwise determines, that:
(1) Not more than 6 months before the date on which the volunteer is required by NRS 388A.515 to submit his or her fingerprints, [an] a public entity that is not included on the list of entities compiled by the Department pursuant to NRS 391.106 determined the volunteer to be eligible for employment or licensure or to serve as a volunteer; [and]
(2) It is the policy of the public entity to conduct an investigation into the criminal background of an employee, licensee or volunteer, as applicable, and that investigation [:
(I) Includes the submission of fingerprints to the Federal Bureau of Investigation; and
(II) Meets] meets the requirements of subparagraph (3) and any other requirements prescribed by regulation of the State Board; and
(3) For the purposes of the investigation conducted pursuant to subparagraph (2):
(I) A statute of this State expressly requires an employee, licensee or volunteer, as applicable, to submit a complete set of his or her fingerprints to the public entity and written permission authorizing the public entity to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the employee, licensee or volunteer, as applicable, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the employee, licensee or volunteer, as applicable;
κ2023 Statutes of Nevada, Page 3070 (CHAPTER 498, AB 503)κ
public entity to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the employee, licensee or volunteer, as applicable, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the employee, licensee or volunteer, as applicable;
(II) The statute expressly requiring the employee, licensee or volunteer, as applicable, to submit his or her fingerprints in accordance with sub-subparagraph (I) has been reviewed and approved by the Federal Bureau of Investigation as satisfying the requirements of federal law; and
(III) The investigation was conducted pursuant to the statute described in sub-subparagraphs (I) and (II);
(b) The governing body determines that the investigation described in paragraph (a) is at least as stringent as an investigation into the criminal background of a volunteer conducted pursuant to NRS 388A.515; and
(c) The governing body accepts the investigation. A governing body may, in its discretion, accept or reject an investigation described in this subsection for any reason.
5. In addition to the exceptions described in subsections 1 to 4, inclusive, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the governing body of a charter school pursuant to NRS 388A.515 if :
(a) A statute of this State expressly requires the volunteer [submits] to submit a complete set of his or her fingerprints to another public entity [authorized to forward fingerprints to the Central Repository for Nevada Records of Criminal History a complete set of the volunteers fingerprints] and written permission authorizing the public entity to forward the fingerprints to the Central Repository for its report on the criminal history of the volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the volunteer [.] ;
(b) The statute expressly requiring the volunteer to submit his or her fingerprints in accordance with paragraph (a) has been reviewed and approved by the Federal Bureau of Investigation as satisfying the requirements of federal law; and
(c) The volunteer submitted his or her fingerprints to the public entity in accordance with the statute not more than 6 months before the date on which the volunteer is required by NRS 388A.515 to submit his or her fingerprints and written permission.
Sec. 8. NRS 388C.205 is hereby amended to read as follows:
388C.205 1. A volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the governing body of a university school for profoundly gifted pupils pursuant to NRS 388C.200 if the volunteer submits to the governing body a completed verification form prescribed by the Department, a statement from [an] a public entity described in this subsection that is acceptable to the governing body or other sufficient evidence, or the governing body otherwise determines, that:
(a) Not more than 6 months before the date on which the volunteer is required by NRS 388C.200 to submit his or her fingerprints, a federal, state or local governmental entity [or nonprofit entity] determined the volunteer to be eligible to interact with pupils at school as a volunteer; [and]
(b) It is the policy of the public entity to conduct an investigation into the criminal background of a volunteer who will interact with pupils at school and that investigation [:
κ2023 Statutes of Nevada, Page 3071 (CHAPTER 498, AB 503)κ
(1) Includes the submission of fingerprints to the Federal Bureau of Investigation; and
(2) Meets] meets the requirements of paragraph (c) and any other requirements prescribed by regulation of the State Board [.] ; and
(c) For the purposes of the investigation conducted pursuant to paragraph (b):
(1) A statute of this State expressly requires a volunteer who will interact with pupils at school to submit a complete set of his or her fingerprints to the public entity and written permission authorizing the public entity to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the volunteer;
(2) The statute expressly requiring the volunteer to submit his or her fingerprints in accordance with subparagraph (1) has been reviewed and approved by the Federal Bureau of Investigation as satisfying the requirements of federal law; and
(3) The investigation was conducted pursuant to the statute described in subparagraphs (1) and (2).
2. In addition to the exception described in subsection 1, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the governing body of a university school for profoundly gifted pupils pursuant to NRS 388C.200 if the volunteer submits to the governing body a completed verification form prescribed by the Department, a statement from [an] a public entity described in this subsection that is acceptable to the governing body or other sufficient evidence, or the governing body otherwise determines that:
(a) The volunteer is employed by a federal, state or local governmental entity which has determined that the person is eligible to have unrestricted interaction with pupils as part of his or her official duties, which may include an unsupervised meeting with a pupil at a school; [and]
(b) It is the policy of the public entity to conduct an investigation into the criminal background of an employee who will have unrestricted interaction with pupils as part of his or her official duties and that investigation [:
(1) Includes the submission of fingerprints to the Federal Bureau of Investigation; and
(2) Meets] meets the requirements of paragraph (c) and any other requirements prescribed by regulation of the State Board [.] ; and
(c) For the purposes of the investigation conducted pursuant to paragraph (b):
(1) A statute of this State expressly requires an employee who will have unrestricted interaction with pupils as part of his or her official duties to submit a complete set of his or her fingerprints to the public entity and written permission authorizing the public entity to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the employee and for submission to the Federal Bureau of Investigation for its report on the criminal history of the employee;
(2) The statute expressly requiring the employee to submit his or her fingerprints in accordance with subparagraph (1) has been reviewed and approved by the Federal Bureau of Investigation as satisfying the requirements of federal law; and
κ2023 Statutes of Nevada, Page 3072 (CHAPTER 498, AB 503)κ
(3) The investigation was conducted pursuant to the statute described in subparagraphs (1) and (2).
3. In addition to the exceptions described in subsections 1 and 2, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the governing body of a university school for profoundly gifted pupils pursuant to NRS 388C.200 if the volunteer submits to the governing body a completed form prescribed by the Department, a statement from [an] a public entity described in this subsection that is acceptable to the governing body or other sufficient evidence, or the governing body otherwise determines that:
(a) Not more than 6 months before the date on which the volunteer is required by NRS 388C.200 to submit his or her fingerprints, [an] a public entity included on the list of entities compiled by the Department pursuant to NRS 391.106 determined the volunteer to be eligible for employment or licensure or to serve as a volunteer; [and]
(b) It is the policy of the public entity to conduct an investigation into the criminal background of an employee, licensee or volunteer, as applicable, and that investigation [:
(1) Included the submission of fingerprints to the Federal Bureau of Investigation; and
(2) Meets] meets the requirements of paragraph (c) and any other requirements prescribed by regulation of the State Board [.] ; and
(c) For the purposes of the investigation conducted pursuant to paragraph (b):
(1) A statute of this State expressly requires an employee, licensee or volunteer, as applicable, to submit a complete set of his or her fingerprints to the public entity and written permission authorizing the public entity to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the employee, licensee or volunteer, as applicable, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the employee, licensee or volunteer, as applicable;
(2) The statute expressly requiring the employee, licensee or volunteer, as applicable, to submit his or her fingerprints in accordance with subparagraph (1) has been reviewed and approved by the Federal Bureau of Investigation as satisfying the requirements of federal law; and
(3) The investigation was conducted pursuant to the statute described in subparagraphs (1) and (2).
4. In addition to the exceptions described in subsections 1, 2 and 3, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the governing body of a university school for profoundly gifted pupils pursuant to NRS 388C.200 if:
(a) The volunteer submits to the governing body a completed verification form prescribed by the Department, a statement from [an] a public entity described in this subsection that is acceptable to the governing body or other sufficient evidence, or the governing body otherwise determines, that:
(1) Not more than 6 months before the date on which the volunteer is required by NRS 388C.200 to submit his or her fingerprints, [an] a public entity that is not included on the list of entities compiled by the Department pursuant to NRS 391.106 determined the volunteer to be eligible for employment or licensure or to serve as a volunteer; [and]
κ2023 Statutes of Nevada, Page 3073 (CHAPTER 498, AB 503)κ
(2) It is the policy of the public entity to conduct an investigation into the criminal background of an employee, licensee or volunteer, as applicable, and that investigation [:
(I) Included the submission of fingerprints to the Federal Bureau of Investigation; and
(II) Meets] meets the requirements of subparagraph (3) and any other requirements prescribed by regulation of the State Board; and
(3) For the purposes of the investigation conducted pursuant to subparagraph (2):
(I) A statute of this State expressly requires the employee, licensee or volunteer, as applicable, to submit a complete set of his or her fingerprints to the public entity and written permission authorizing the public entity to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the employee, licensee or volunteer, as applicable, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the employee, licensee or volunteer, as applicable;
(II) The statute expressly requiring the employee, licensee or volunteer, as applicable, to submit his or her fingerprints in accordance with sub-subparagraph (I) has been reviewed and approved by the Federal Bureau of Investigation as satisfying the requirements of federal law; and
(III) The investigation was conducted pursuant to the statute described in sub-subparagraphs (I) and (II);
(b) The governing body determines that the investigation described in paragraph (a) is at least as stringent as an investigation into the criminal background of a volunteer conducted pursuant to NRS 388C.200; and
(c) The governing body accepts the investigation. A governing body may, in its discretion, accept or reject an investigation described in this subsection for any reason.
5. In addition to the exceptions described in subsections 1 to 4, inclusive, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the governing body of a university school for profoundly gifted pupils pursuant to NRS 388C.200 if :
(a) A statute of this State expressly requires the volunteer [submits] to submit a complete set of his or her fingerprints to another public entity [authorized to forward fingerprints to the Central Repository for Nevada Records of Criminal History a complete set of the volunteers fingerprints] and written permission authorizing the public entity to forward the fingerprints to the Central Repository for its report on the criminal history of the volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the volunteer [.] ;
(b) The statute expressly requiring the volunteer to submit his or her fingerprints in accordance with paragraph (a) has been reviewed and approved by the Federal Bureau of Investigation as satisfying the requirements of federal law; and
(c) The volunteer submitted his or her fingerprints to the public entity in accordance with the statute not more than 6 months before the date on which the volunteer is required by NRS 388C.200 to submit his or her fingerprints.
Sec. 9. NRS 391.033 is hereby amended to read as follows:
391.033 1. All licenses for teachers and other educational personnel are granted by the Superintendent of Public Instruction pursuant to regulations adopted by the Commission and as otherwise provided by law.
κ2023 Statutes of Nevada, Page 3074 (CHAPTER 498, AB 503)κ
2. An application for the issuance of a license must include the social security number of the applicant.
3. Every applicant for a license must submit with his or her application:
(a) A complete set of his or her fingerprints and written permission authorizing the Superintendent to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its initial report on the criminal history of the applicant and for reports thereafter upon renewal of the license pursuant to subsection 8 of NRS 179A.075, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant; and
(b) Written authorization for the Superintendent to obtain any information concerning the applicant that may be available from the Statewide Central Registry and any equivalent registry maintained by a governmental entity in a jurisdiction in which the applicant has resided within the immediately preceding 5 years.
4. In conducting an investigation into the background of an applicant for a license, the Superintendent may cooperate with any appropriate law enforcement agency to obtain information relating to the criminal history of the applicant, including, without limitation, any record of warrants for the arrest of or applications for protective orders against the applicant.
5. The Superintendent may issue a provisional license pending receipt of the reports of the Federal Bureau of Investigation and the Central Repository for Nevada Records of Criminal History if the Superintendent determines that the applicant is otherwise qualified.
6. Except as otherwise provided in subsection 8, a license must be issued to, or renewed for, as applicable, an applicant if:
(a) The Superintendent determines that the applicant is qualified;
(b) The information obtained by the Superintendent pursuant to subsections 3 and 4:
(1) Does not indicate that the applicant has been convicted of a felony or any offense involving moral turpitude or indicates that the applicant has been convicted of a felony or an offense involving moral turpitude but the Superintendent determines that the conviction is unrelated to the position within the county school district or charter school for which the applicant applied or for which he or she is currently employed, as applicable;
(2) Does not indicate that there has been a substantiated report of abuse or neglect of a child, as defined in NRS 432B.020, or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 made against the applicant in any state; and
(3) Does not indicate that the applicant has a warrant for his or her arrest; and
(c) For initial licensure, the applicant submits the statement required pursuant to NRS 391.034.
7. If, pursuant to subparagraph (2) of paragraph (b) of subsection 6, the information indicates that a substantiated report has been made against the applicant in any state, the Superintendent shall:
(a) Suspend the application process;
(b) Notify the applicant of the substantiated report; and
(c) Provide the applicant an opportunity to rebut the substantiated report.
8. The Superintendent may deny an application for a license pursuant to this section if:
κ2023 Statutes of Nevada, Page 3075 (CHAPTER 498, AB 503)κ
(a) A report on the criminal history of the applicant from the Federal Bureau of Investigation or the Central Repository for Nevada Records of Criminal History indicates that the applicant has been arrested for or charged with a sexual offense involving a minor or pupil, including, without limitation, any attempt, solicitation or conspiracy to commit such an offense; and
(b) The Superintendent provides to the applicant:
(1) Written notice of his or her intent to deny the application; and
(2) An opportunity for the applicant to have a hearing.
9. To request a hearing pursuant to subsection 8, an applicant must submit a written request to the Superintendent within 15 days after receipt of the notice by the applicant. Such a hearing must be conducted in accordance with regulations adopted by the State Board. If no request for a hearing is filed within that time, the Superintendent may deny the license.
10. If the Superintendent denies an application for a license pursuant to this section, the Superintendent must, within 15 days after the date on which the application is denied, provide notice of the denial to the school district or charter school that employs the applicant if the applicant is employed by a school district or charter school. Such a notice must not state the reasons for denial.
11. [The Department shall:
(a) Maintain a list of the names of persons whose applications for a license are denied due to conviction of a sexual offense involving a minor;
(b) Update the list maintained pursuant to paragraph (a) monthly; and
(c) Provide this list to the board of trustees of a school district or the governing body of a charter school upon request.
12. The Superintendent shall forward all information obtained from an investigation of an applicant pursuant to subsections 3 and 4 to the board of trustees of a school district, the governing body of a charter school or university school for profoundly gifted pupils or the administrator of a private school where the applicant is employed or seeking employment. Except as otherwise provided in this section, any information shared with the board of trustees of a school district, the governing body of a charter school or university school for profoundly gifted pupils or the administrator of a private school is confidential and must not be disclosed to any person other than the applicant. The board of trustees, governing body or administrator, as applicable, may use a substantiated report of the abuse or neglect of a child, as defined in NRS 392.281, or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 obtained from the Statewide Central Registry or an equivalent registry maintained by a governmental agency in another jurisdiction:
(a) In making determinations concerning assignments, requiring retraining, imposing discipline, hiring or termination; and
(b) In any proceedings to which the report is relevant, including, without limitation, an action for trespass or a restraining order.
13.] The Superintendent [, the board of trustees of a school district, the governing body of a charter school or university school for profoundly gifted pupils or the administrator of a private school] may not be held liable for damages resulting from any action of the Superintendent [, board of trustees, governing body or administrator, as applicable,] authorized by subsection 4 . [or 12.
14.] 12. The Superintendent may enter into reciprocal agreements with appropriate officials of other countries concerning the licensing of teachers.
κ2023 Statutes of Nevada, Page 3076 (CHAPTER 498, AB 503)κ
[15.] 13. As used in this section, sexual offense has the meaning ascribed to it in NRS 179D.097.
Sec. 10. NRS 391.100 is hereby amended to read as follows:
391.100 1. The board of trustees of a school district may employ a superintendent of schools, teachers and all other necessary employees.
2. The board of trustees of a school district:
(a) May employ teacher aides and [other auxiliary, nonprofessional personnel] paraprofessionals to assist licensed personnel in the instruction or supervision of children, either in the classroom or at any other place in the school or on the grounds thereof. A person who is employed as a paraprofessional by a school district to work in a program supported with Title I money must possess the requirements prescribed by the State Board pursuant to NRS 391.094.
(b) Shall establish policies governing the duties and performance of teacher aides.
Sec. 11. NRS 391.105 is hereby amended to read as follows:
391.105 1. A volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the board of trustees of a school district pursuant to NRS 391.104 if the volunteer submits to the board of trustees a completed verification form prescribed by the Department, a statement from [an] a public entity described in this subsection that is acceptable to the board of trustees or other sufficient evidence, or the board of trustees otherwise determines, that:
(a) Not more than 6 months before the date on which the volunteer is required by NRS 391.104 to submit his or her fingerprints, a federal, state or local governmental entity [or nonprofit entity] determined the volunteer to be eligible to interact with pupils at school as a volunteer; [and]
(b) It is the policy of the public entity to conduct an investigation into the criminal background of a volunteer who will interact with pupils at school and that investigation [:
(1) Includes the submission of fingerprints to the Federal Bureau of Investigation; and
(2) Meets] meets the requirements of paragraph (c) and any other requirements prescribed by regulation of the State Board [.] ; and
(c) For the purposes of the investigation conducted pursuant to paragraph (b):
(1) A statute of this State expressly requires a volunteer who will interact with pupils at school to submit a complete set of his or her fingerprints to the public entity and written permission authorizing the public entity to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the volunteer;
(2) The statute expressly requiring the volunteer to submit his or her fingerprints in accordance with subparagraph (1) has been reviewed and approved by the Federal Bureau of Investigation as satisfying the requirements of federal law; and
(3) The investigation was conducted pursuant to the statute described in subparagraphs (1) and (2).
2. In addition to the exception described in subsection 1, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the board of trustees of a school district pursuant to NRS 391.104 if the volunteer submits to the board of trustees a completed verification form prescribed by the Department, a statement from [an] a public entity described in this subsection that is acceptable to the board of trustees or other sufficient evidence, or the board of trustees otherwise determines that:
κ2023 Statutes of Nevada, Page 3077 (CHAPTER 498, AB 503)κ
verification form prescribed by the Department, a statement from [an] a public entity described in this subsection that is acceptable to the board of trustees or other sufficient evidence, or the board of trustees otherwise determines that:
(a) The volunteer is employed by a federal, state or local governmental entity which has determined that the person is eligible to have unrestricted interaction with pupils as part of his or her official duties, which may include an unsupervised meeting with a pupil at a school; [and]
(b) It is the policy of the public entity to conduct an investigation into the criminal background of an employee who will have unrestricted interaction with pupils as part of his or her official duties and that investigation [:
(1) Includes the submission of fingerprints to the Federal Bureau of Investigation; and
(2) Meets] meets the requirements of paragraph (c) and any other requirements prescribed by regulation of the State Board [.] ; and
(c) For the purposes of the investigation conducted pursuant to paragraph (b):
(1) A statute of this State expressly requires an employee who will have unrestricted interaction with pupils as part of his or her official duties to submit a complete set of his or her fingerprints to the public entity and written permission authorizing the public entity to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the employee and for submission to the Federal Bureau of Investigation for its report on the criminal history of the employee;
(2) The statute expressly requiring the employee to submit his or her fingerprints in accordance with subparagraph (1) has been reviewed and approved by the Federal Bureau of Investigation as satisfying the requirements of federal law; and
(3) The investigation was conducted pursuant to the statute described in subparagraphs (1) and (2).
3. In addition to the exceptions described in subsections 1 and 2, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the board of trustees of a school district pursuant to NRS 391.104 if the volunteer submits to the board of trustees a completed form prescribed by the Department, a statement from [an] a public entity described in this subsection that is acceptable to the board of trustees or other sufficient evidence, or the board of trustees otherwise determines that:
(a) Not more than 6 months before the date on which the volunteer is required by NRS 391.104 to submit his or her fingerprints, [an] a public entity included on the list of entities compiled by the Department pursuant to NRS 391.106 determined the volunteer to be eligible for employment or licensure or to serve as a volunteer; [and]
(b) It is the policy of the public entity to conduct an investigation into the criminal background of an employee, licensee or volunteer, as applicable, and that investigation [:
(1) Included the submission of fingerprints to the Federal Bureau of Investigation; and
(2) Meets] meets the requirements of paragraph (c) and any other requirements prescribed by regulation of the State Board [.] ; and
κ2023 Statutes of Nevada, Page 3078 (CHAPTER 498, AB 503)κ
(c) For the purposes of the investigation conducted pursuant to paragraph (b):
(1) A statute of this State expressly requires an employee, licensee or volunteer, as applicable, to submit a complete set of his or her fingerprints to the public entity and written permission authorizing the public entity to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the employee, licensee or volunteer, as applicable, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the employee, licensee or volunteer, as applicable;
(2) The statute expressly requiring the employee, licensee or volunteer, as applicable, to submit his or her fingerprints in accordance with subparagraph (1) has been reviewed and approved by the Federal Bureau of Investigation as satisfying the requirements of federal law; and
(3) The investigation was conducted pursuant to the statute described in subparagraphs (1) and (2).
4. In addition to the exceptions described in subsections 1, 2 and 3, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the board of trustees of a school district pursuant to NRS 391.104 if:
(a) The volunteer submits to the board of trustees a completed verification form prescribed by the Department, a statement from [an] a public entity described in this subsection that is acceptable to the board of trustees or other sufficient evidence, or the board of trustees otherwise determines, that:
(1) Not more than 6 months before the date on which the volunteer is required by NRS 391.104 to submit his or her fingerprints, [an] a public entity that is not included on the list of entities compiled by the Department pursuant to NRS 391.106 determined the volunteer to be eligible for employment or licensure or to serve as a volunteer; [and]
(2) It is the policy of the public entity to conduct an investigation into the criminal background of an employee, licensee or volunteer, as applicable, and that investigation [:
(I) Included the submission of fingerprints to the Federal Bureau of Investigation; and
(II) Meets] meets the requirements of subparagraph (3) and any other requirements prescribed by regulation of the State Board; and
(3) For the purposes of the investigation conducted pursuant to subparagraph (2):
(I) A statute of this State expressly requires an employee, licensee or volunteer, as applicable, to submit a complete set of his or her fingerprints to the public entity and written permission authorizing the public entity to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the employee, licensee or volunteer, as applicable, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the employee, licensee or volunteer, as applicable;
(II) The statute expressly requiring the employee, licensee or volunteer, as applicable, to submit his or her fingerprints in accordance with sub-subparagraph (I) has been reviewed and approved by the Federal Bureau of Investigation as satisfying the requirements of federal law; and
(III) The investigation was conducted pursuant to the statute described in sub-subparagraphs (I) and (II);
κ2023 Statutes of Nevada, Page 3079 (CHAPTER 498, AB 503)κ
(b) The board of trustees determines that the investigation described in paragraph (a) is at least as stringent as an investigation into the criminal background of a volunteer conducted pursuant to NRS 391.104; and
(c) The board of trustees accepts the investigation. The board of trustees of a school district may, in its discretion, accept or reject an investigation described in this subsection for any reason.
5. In addition to the exceptions described in subsections 1 to 4, inclusive, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the board of trustees of a school district pursuant to NRS 391.104 if :
(a) A statute of this State expressly requires the volunteer [submits] to submit a complete set of his or her fingerprints to another public entity [authorized to forward fingerprints to the Central Repository for Nevada Records of Criminal History a complete set of the volunteers fingerprints] and written permission authorizing the public entity to forward the fingerprints to the Central Repository for its report on the criminal history of the volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the volunteer [.] ;
(b) The statute expressly requiring the volunteer to submit his or her fingerprints in accordance with paragraph (a) has been reviewed and approved by the Federal Bureau of Investigation as satisfying the requirements of federal law; and
(c) The volunteer submitted his or her fingerprints to the public entity in accordance with the statute not more than 6 months before the date on which the volunteer is required by NRS 391.104 to submit his or her fingerprints.
Sec. 12. NRS 394.152 is hereby amended to read as follows:
394.152 As used in NRS 394.152 to [394.157,] 394.155, inclusive, unless the context otherwise requires, the words and terms defined in NRS 394.153 and 394.154 have the meanings ascribed to them in those sections.
Sec. 13. NRS 394.155 is hereby amended to read as follows:
394.155 1. [Except as otherwise provided in NRS 394.157, each] Each applicant for employment with or employee at a private school, except a licensed teacher or other person licensed by the Superintendent of Public Instruction, or volunteer at a private school who is likely to have unsupervised contact with pupils, must, before beginning his or her employment or service as a volunteer and at least once every 5 years thereafter, submit to the administrator of the private school [:
(a) A complete set of the applicants, employees or volunteers fingerprints and written permission authorizing the administrator to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant, employee or volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant, employee or volunteer; and
(b) Written] written authorization for the administrator to obtain any information concerning the applicant, employee or volunteer that may be available from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100 and any equivalent registry maintained by a governmental entity in a jurisdiction in which the applicant, employee or volunteer has resided within the immediately preceding 5 years.
2. The administrator of the private school shall [:
κ2023 Statutes of Nevada, Page 3080 (CHAPTER 498, AB 503)κ
(a) Submit the fingerprints of the applicant to the Central Repository for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the administrator deems necessary; and
(b) Request] request any information that may be available from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100 and any equivalent registry maintained by a governmental entity in a jurisdiction in which the applicant, employee or volunteer has resided within the immediately preceding 5 years.
3. [In conducting an investigation into the criminal history of an applicant, employee or volunteer, the administrator of a private school may cooperate with any appropriate law enforcement agency to obtain information relating to the criminal history of the applicant, employee or volunteer, including, without limitation, any record of warrants or applications for protective orders.
4.] The administrator or governing body of a private school may use a substantiated report of the abuse or neglect of a child, as defined in NRS 392.281, or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 obtained from the Statewide Central Registry or an equivalent registry maintained by a governmental agency in another jurisdiction:
(a) In making determinations concerning assignments, requiring retraining, imposing discipline, hiring, accepting a volunteer or termination; and
(b) In any proceedings to which the report is relevant, including, without limitation, an action for trespass or a restraining order.
[5.] 4. The administrator or governing body of a private school may not be held liable for damages resulting from taking any action authorized by subsection 3 . [or 4 or NRS 394.157.]
Secs. 14-50. (Deleted by amendment.)
Sec. 51. Chapter 631 of NRS is hereby amended by adding thereto a new section to read as follows:
Dentistry means the evaluation, diagnosis, prevention and treatment of diseases, disorders and conditions of the oral cavity, the maxillofacial area and the adjacent and associated structures and their impact on the human body, which care is provided by a dentist within the scope of his or her education, training and experience in accordance with the ethics of the profession and applicable law.
Sec. 52. NRS 631.005 is hereby amended to read as follows:
631.005 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 631.015 to 631.105, inclusive, and section 51 of this act have the meanings ascribed to them in those sections.
Sec. 53. NRS 631.220 is hereby amended to read as follows:
631.220 1. Every applicant for a license to practice dental hygiene, dental therapy or dentistry [, or any of its special branches,] must:
(a) File an application with the Board.
(b) Accompany the application with a recent photograph of the applicant together with the required fee and such other documentation as the Board may require by regulation.
(c) Submit with the application a complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
κ2023 Statutes of Nevada, Page 3081 (CHAPTER 498, AB 503)κ
(d) If the applicant is required to take an examination pursuant to NRS 631.240, 631.300 or 631.3121, submit with the application proof satisfactory that the applicant passed the examination.
2. An application must include all information required to complete the application.
3. The Secretary-Treasurer may, in accordance with regulations adopted by the Board and if the Secretary-Treasurer determines that an application is:
(a) Sufficient, advise the Executive Director of the sufficiency of the application. Upon the advice of the Secretary-Treasurer, the Executive Director may issue a license to the applicant without further review by the Board.
(b) Insufficient, reject the application by sending written notice of the rejection to the applicant.
Secs. 54-59. (Deleted by amendment.)
Sec. 60. NRS 641.227 is hereby amended to read as follows:
641.227 The Psychology Interjurisdictional Compact, set forth in this section, is hereby enacted into law and entered into with all other jurisdictions substantially as follows:
ARTICLE I.
Purpose
Whereas, States license psychologists in order to protect the public through verification of education, training and experience and ensure accountability for professional practice; and
Whereas, This Compact is intended to regulate the day-to-day practice of telepsychology, including the provision of psychological services using telecommunication technologies, by psychologists across state boundaries in the performance of their psychological practice as assigned by an appropriate authority; and
Whereas, This Compact is intended to regulate the temporary in-person face-to-face practice of psychology by psychologists across state boundaries for 30 days within a calendar year in the performance of their psychological practice as assigned by an appropriate authority; and
Whereas, This Compact is intended to authorize state psychology regulatory authorities to afford legal recognition, in a manner consistent with the terms of the Compact, to psychologists licensed in another state; and
Whereas, This Compact recognizes that states have a vested interest in protecting the publics health and safety through the licensing and regulation of psychologists and that such state regulation will best protect the public health and safety; and
Whereas, This Compact does not apply when a psychologist is licensed in both the home and receiving jurisdiction; and
Whereas, This Compact does not apply to permanent in-person, face-to-face practice, but it does allow for the authorization of temporary psychological practice.
Consistent with these principles, this Compact is designed to achieve the following purposes and objectives:
1. Increase public access to professional psychological services by allowing for telepsychological practice across state lines, as well as temporary in-person, face-to-face services, into a state which the psychologist is not licensed to practice psychology;
κ2023 Statutes of Nevada, Page 3082 (CHAPTER 498, AB 503)κ
temporary in-person, face-to-face services, into a state which the psychologist is not licensed to practice psychology;
2. Enhance the states ability to protect the publics health and safety, especially client/patient safety;
3. Encourage the cooperation of the compact states in the areas of psychology licensure and regulation;
4. Facilitate the exchange of information between the compact states regarding psychologist licensure, adverse actions and disciplinary history;
5. Promote compliance with the laws governing psychological practice in each compact state; and
6. Invest all compact states with the authority to hold licensed psychologists accountable through the mutual recognition of compact state licenses.
ARTICLE II.
Definitions
A. Adverse action means any action taken by a state psychology regulatory authority which finds a violation of a statute or regulation that is identified by the state psychology regulatory authority as discipline and is a matter of public record.
B. Association of State and Provincial Psychology Boards (ASPPB) means the recognized membership organization composed of state and provincial psychology regulatory authorities responsible for the licensure and registration of psychologists throughout the United States and Canada.
C. Authority to practice interjurisdictional telepsychology means a licensed psychologists authority to practice telepsychology, within the limits authorized under this Compact, in another compact state.
D. Bylaws means those bylaws established by the Psychology Interjurisdictional Compact Commission pursuant to Article X for its governance, or for directing and controlling its actions and conduct.
E. Client/patient means the recipient of psychological services, whether psychological services are delivered in the context of healthcare, corporate, supervision and/or consulting services.
F. Commissioner means the voting representative appointed by each state psychology regulatory authority pursuant to Article X.
G. Compact state means a state, the District of Columbia or United States territory that has enacted this Compact and which has not withdrawn pursuant to Article XIII, section C or been terminated pursuant to Article XII, section B.
H. Coordinated Licensure Information System or Coordinated Database means an integrated process for collecting, storing and sharing information on psychologists licensure and enforcement activities related to psychology licensure laws, which is administered by the recognized membership organization composed of the state psychology regulatory authorities.
I. Confidentiality means the principle that data or information is not made available or disclosed to unauthorized persons or processes.
J. Day means any part of a day in which psychological work is performed.
κ2023 Statutes of Nevada, Page 3083 (CHAPTER 498, AB 503)κ
K. Distant state means the compact state where a psychologist is physically present, not through using telecommunications technologies, to provide temporary in-person, face-to-face psychological services.
L. E.Passport means a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that promotes the standardization in the criteria of interjurisdictional telepsychology practice and facilitates the process for licensed psychologists to provide telepsychological services across state lines.
M. Executive Board means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.
N. Home state means a compact state where a psychologist is licensed to practice psychology. If the psychologist is licensed in more than one compact state, and is practicing under the authorization to practice interjurisdictional telepsychology, the home state is the compact state where the psychologist was physically present when the telepsychological services were delivered. If the psychologist is licensed in more than one compact state and is practicing under the temporary authorization to practice, the home state is any compact state where the psychologist is licensed.
O. Identity history summary means a summary of information retained by the Federal Bureau of Investigation, or other designee with similar authority, in connection with arrests and, in some instances, federal employment, naturalization or military service.
P. In-person, face-to-face means interactions in which the psychologist and the client/patient are in the same physical space and which does not include interactions that may occur through the use of telecommunication technologies.
Q. Interjurisdictional practice certificate (IPC) means a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that grants temporary authority to practice based on notification to the state psychology regulatory authority of the intention to practice temporarily, and verification of ones qualifications for such practice.
R. License means authorization by a state psychology regulatory authority to engage in the independent practice of psychology, which would be unlawful without the authorization.
S. Noncompact state means any state which is not at the time a compact state.
T. Psychologist means an individual licensed for the independent practice of psychology.
U. Psychology Interjurisdictional Compact Commission or Commission means the national administration of which all compact states are members.
V. Receiving state means a compact state where the client/patient is physically located when the telepsychological services are delivered.
W. Rule means a written statement by the Psychology Interjurisdictional Compact Commission promulgated pursuant to Article XI that is of general applicability, implements, interprets or prescribes a policy or provision of the Compact, or an organizational, procedural or practice requirement of the Commission and has the force and effect of statutory law in a compact state, and includes the amendment, repeal or suspension of an existing rule.
X. Significant investigatory information means:
κ2023 Statutes of Nevada, Page 3084 (CHAPTER 498, AB 503)κ
1. Investigative information that a state psychology regulatory authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proven true, would indicate more than a violation of state statute or ethics code that would be considered more substantial than a minor infraction; or
2. Investigative information that indicates that the psychologist represents an immediate threat to the public health and safety, regardless of whether the psychologist has been notified or had an opportunity to respond.
Y. State means a state, commonwealth, territory or possession of the United States or the District of Columbia.
Z. State psychology regulatory authority means the board, office or other agency with the legislative mandate to license and regulate the practice of psychology.
AA. Telepsychology means the provision of psychological services using telecommunication technologies.
BB. Temporary authorization to practice means a licensed psychologists authority to conduct temporary in-person, face-to-face practice, within the limits authorized under this Compact, in another compact state.
CC. Temporary in-person, face-to-face practice means where a psychologist is physically present, not through using telecommunications technologies, in the distant state to provide for the practice of psychology for 30 days within a calendar year and based on notification to the distant state.
ARTICLE III.
Home State Licensure
A. The home state shall be a compact state where a psychologist is licensed to practice psychology.
B. A psychologist may hold one or more compact state licenses at a time. If the psychologist is licensed in more than one compact state, the home state is the compact state where the psychologist was physically present when the services were delivered as authorized by the authority to practice interjurisdictional telepsychology under the terms of this Compact.
C. Any compact state may require a psychologist not previously licensed in a compact state to obtain and retain a license to be authorized to practice in the compact state under circumstances not authorized by the authority to practice interjurisdictional telepsychology under the terms of this Compact.
D. Any compact state may require a psychologist to obtain and retain a license to be authorized to practice in a compact state under circumstances not authorized by the temporary authorization to practice under the terms of this Compact.
E. A home states license authorizes a psychologist to practice in a receiving state under the authority to practice interjurisdictional telepsychology only if the compact state:
1. Currently requires the psychologist to hold an active E.Passport;
2. Has a mechanism in place for receiving and investigating complaints about licensed individuals;
3. Notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;
4. Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, or other designee with similar authority, not later than 10 years after activation of the Compact; and
κ2023 Statutes of Nevada, Page 3085 (CHAPTER 498, AB 503)κ
data checks compliant with the requirements of the Federal Bureau of Investigation, or other designee with similar authority, not later than 10 years after activation of the Compact; and
5. Complies with the bylaws and rules of the Commission.
F. A home states license grants temporary authorization to practice to a psychologist in a distant state only if the compact state:
1. Currently requires the psychologist to hold an active IPC;
2. Has a mechanism in place for receiving and investigating complaints about licensed individuals;
3. Notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;
4. Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, or other designee with similar authority, not later than 10 years after activation of the Compact; and
5. Complies with the bylaws and rules of the Commission.
ARTICLE IV.
Compact Privilege to Practice Telepsychology
A. Compact states shall recognize the right of a psychologist, licensed in a compact state in conformance with Article III, to practice telepsychology in other compact states (receiving states) in which the psychologist is not licensed, under the authority to practice interjurisdictional telepsychology as provided in the Compact.
B. To exercise the authority to practice interjurisdictional telepsychology under the terms and provisions of this Compact, a psychologist licensed to practice in a compact state must:
1. Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:
a. Regionally accredited by an accrediting body recognized by the United States Department of Education to grant graduate degrees or authorized by provincial statute or royal charter to grant doctoral degrees; or
b. A foreign college or university deemed to be equivalent to 1(a) above by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service; and
2. Hold a graduate degree in psychology that meets the following criteria:
a. The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program and such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists;
b. The psychology program must stand as a recognizable, coherent organizational entity within the institution;
c. There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines;
d. The program must consist of an integrated, organized sequence of study;
κ2023 Statutes of Nevada, Page 3086 (CHAPTER 498, AB 503)κ
e. There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities;
f. The designated director of the program must be a psychologist and a member of the core faculty;
g. The program must have an identifiable body of students who are matriculated in that program for a degree;
h. The program must include supervised practicum, internship or field training appropriate to the practice of psychology;
i. The curriculum shall encompass a minimum of 3 academic years of full-time graduate study for doctoral degrees and a minimum of 1 academic year of full-time graduate study for masters degrees; and
j. The program must include an acceptable residency as defined by the rules of the Commission;
3. Possess a current, full and unrestricted license to practice psychology in a home state which is a compact state;
4. Have no history of adverse action that violates the rules of the Commission;
5. Have no criminal record history reported on an identity history summary that violates the rules of the Commission;
6. Possess a current, active E.Passport;
7. Provide attestations in regard to areas of intended practice, conformity with standards of practice, competence in telepsychology technology, criminal background and knowledge and adherence to legal requirements in the home and receiving states, and provide a release of information to allow for primary source verification in a manner specified by the Commission; and
8. Meet other criteria as defined by the rules of the Commission.
C. The home state maintains authority over the license of any psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology.
D. A psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology will be subject to the receiving states scope of practice. A receiving state may, in accordance with that states due process law, limit or revoke a psychologists authority to practice interjurisdictional telepsychology in the receiving state and may take any other necessary actions under the receiving states applicable law to protect the health and safety of the receiving states citizens. If a receiving state takes action, the state shall promptly notify the home state and the Commission.
E. If a psychologists license in any home state or another compact state or any authority to practice interjurisdictional telepsychology in any receiving state is restricted, suspended or otherwise limited, the E.Passport shall be revoked and therefore the psychologist shall not be eligible to practice telepsychology in a compact state under the authority to practice interjurisdictional telepsychology.
ARTICLE V.
Compact Temporary Authorization to Practice
A. Compact states shall also recognize the right of a psychologist, licensed in a compact state in conformance with Article III, to practice temporarily in other compact states (distant states) in which the psychologist is not licensed, as provided in the Compact.
κ2023 Statutes of Nevada, Page 3087 (CHAPTER 498, AB 503)κ
B. To exercise the temporary authorization to practice under the terms and provisions of this Compact, a psychologist licensed to practice in a compact state must:
1. Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:
a. Regionally accredited by an accrediting body recognized by the United States Department of Education to grant graduate degrees or authorized by provincial statute or royal charter to grant doctoral degrees; or
b. A foreign college or university deemed to be equivalent to 1(a) above by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service; and
2. Hold a graduate degree in psychology that meets the following criteria:
a. The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program and must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists;
b. The psychology program must stand as a recognizable, coherent organizational entity within the institution;
c. There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines;
d. The program must consist of an integrated, organized sequence of study;
e. There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities;
f. The designated director of the program must be a psychologist and a member of the core faculty;
g. The program must have an identifiable body of students who are matriculated in that program for a degree;
h. The program must include supervised practicum, internship or field training appropriate to the practice of psychology;
i. The curriculum shall encompass a minimum of 3 academic years of full-time graduate study for doctoral degrees and a minimum of 1 academic year of full-time graduate study for masters degrees; and
j. The program must include an acceptable residency as defined by the rules of the Commission;
3. Possess a current, full and unrestricted license to practice psychology in a home state which is a compact state;
4. No history of adverse action that violates the rules of the Commission;
5. No criminal record history that violates the rules of the Commission;
6. Possess a current, active IPC;
7. Provide attestations in regard to areas of intended practice and work experience and provide a release of information to allow for primary source verification in a manner specified by the Commission; and
8. Meet other criteria as defined by the rules of the Commission.
C. A psychologist practicing into a distant state under the temporary authorization to practice shall practice within the scope of practice authorized by the distant state.
κ2023 Statutes of Nevada, Page 3088 (CHAPTER 498, AB 503)κ
D. A psychologist practicing into a distant state under the Temporary Authorization to Practice will be subject to the distant states authority and law. A distant state may, in accordance with that states due process law, limit or revoke a psychologists temporary authorization to practice in the distant state and may take any other necessary actions under the distant states applicable law to protect the health and safety of the distant states citizens. If a distant state takes action, the state shall promptly notify the home state and the Commission.
E. If a psychologists license in any home state or another compact state or any temporary authorization to practice in any distant state is restricted, suspended or otherwise limited, the IPC shall be revoked and therefore the psychologist shall not be eligible to practice in a compact state under the temporary authorization to practice.
ARTICLE VI.
Conditions of Telepsychology Practice in a Receiving State
A psychologist may practice in a receiving state under the authority to practice interjurisdictional telepsychology only in the performance of the scope of practice for psychology as assigned by an appropriate state psychology regulatory authority, as defined in the rules of the Commission, and under the following circumstances:
A. The psychologist initiates a client/patient contact in a home state via telecommunications technologies with a client/patient in a receiving state; or
B. Other conditions regarding telepsychology as determined by rules promulgated by the Commission.
ARTICLE VII.
Adverse Actions
A. A home state shall have the power to impose adverse action against a psychologists license issued by the home state and a distant state may take adverse action on a psychologists temporary authorization to practice within that distant state.
B. A receiving state may take adverse action on a psychologists authority to practice interjurisdictional telepsychology within that receiving state. A home state may take adverse action against a psychologist based on an adverse action taken by a distant state regarding temporary in-person, face-to-face practice.
C. If a home state takes adverse action against a psychologists license, that psychologists authority to practice interjurisdictional telepsychology is terminated and the E.Passport is revoked. Furthermore, that psychologists temporary authorization to practice is terminated and the IPC is revoked.
1. All home state disciplinary orders which impose adverse action shall be reported to the Commission in accordance with the rules promulgated by the Commission. A compact state shall report adverse actions in accordance with the rules of the Commission.
2. In the event discipline is reported on a psychologist, the psychologist will not be eligible for telepsychology or temporary in-person, face-to-face practice in accordance with the rules of the Commission.
κ2023 Statutes of Nevada, Page 3089 (CHAPTER 498, AB 503)κ
3. Other actions may be imposed as determined by the rules promulgated by the Commission.
D. A home states psychology regulatory authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a licensee which occurred in a receiving state as it would if such conduct had occurred by a licensee within the home state. In such cases, the home states law shall control in determining any adverse action against a psychologists license.
E. If a license granted by a compact state is revoked, surrendered in lieu of discipline or suspended following an investigation authorized in Article VIII, the authorization to practice interjurisdictional telepsychology and the temporary authorization to practice in all compact states shall be terminated upon entry of the final order in the compact state taking the action.
F. Nothing in this Compact shall override a compact states decision that a psychologists participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the compact states law. Compact states must require psychologists who enter any alternative programs to not provide telepsychology services under the authority to practice interjurisdictional telepsychology or provide temporary psychological services under the temporary authorization to practice in any other compact state during the term of the alternative program.
G. No other judicial or administrative remedies shall be available to a psychologist in the event a compact state imposes an adverse action pursuant to section C, above.
ARTICLE VIII.
Additional Authorities Invested in a Compact States Psychology Regulatory Authority
A. In addition to any other powers granted under state law, a compact states psychology regulatory authority shall have the authority under this Compact to:
1. Issue subpoenas, for both hearings and investigations, which require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a compact states psychology regulatory authority for the attendance and testimony of witnesses and/or the production of evidence from another compact state shall be enforced in the latter state by any court of competent jurisdiction, according to that courts practice and procedure in considering subpoenas issued in its own proceedings. The issuing state psychology regulatory authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state where the witnesses or evidence are located; and
2. Issue cease and desist and/or injunctive relief orders to revoke a psychologists authority to practice interjurisdictional telepsychology and/or temporary authorization to practice.
B. During the course of any investigation, a psychologist may not change his or her home state licensure. A home state psychology regulatory authority is authorized to complete any pending investigations of a psychologist and to take any actions appropriate under its law. The home state psychology regulatory authority shall promptly report the conclusions of such investigations to the Commission.
κ2023 Statutes of Nevada, Page 3090 (CHAPTER 498, AB 503)κ
state psychology regulatory authority shall promptly report the conclusions of such investigations to the Commission. Once an investigation has been completed, and pending the outcome of said investigation, the psychologist may change his or her home state licensure. The Commission shall promptly notify the new home state of any such decisions as provided in the rules of the Commission. All information provided to the Commission or distributed by compact states pursuant to the psychologist shall be confidential, filed under seal and used for investigatory or disciplinary matters. The Commission may create additional rules for mandated or discretionary sharing of information by compact states.
ARTICLE IX.
Coordinated Licensure Information System
A. The Commission shall provide for the development and maintenance of a Coordinated Licensure Information System (Coordinated Database) and reporting system containing licensure and disciplinary action information on all psychologists individuals to whom this Compact is applicable in all compact states as defined by the rules of the Commission.
B. Notwithstanding any other provision of state law to the contrary, and except as otherwise provided in this Article, a compact state shall submit a uniform data set to the Coordinated Database on all licensees as required by the rules of the Commission, including:
1. Identifying information;
2. Licensure data;
3. Significant investigatory information;
4. Adverse actions against a psychologists license;
5. An indicator that a psychologists authority to practice interjurisdictional telepsychology or temporary authorization to practice is revoked;
6. Nonconfidential information related to alternative program participation information;
7. Any denial of application for licensure, and the reasons for such denial; and
8. Other information which may facilitate the administration of this Compact, as determined by the rules of the Commission.
C. The Coordinated Database administrator shall promptly notify all compact states of any adverse action taken against, or significant investigative information on, any licensee in a compact state.
D. A compact state shall not submit to the Coordinated Database any information concerning the criminal history of a licensee that is obtained from a report received from the Central Repository for Nevada Records of Criminal History or the Federal Bureau of Investigation.
E. Compact states reporting information to the Coordinated Database may designate information that may not be shared with the public without the express permission of the compact state reporting the information.
[E.] F. Any information submitted to the Coordinated Database that is subsequently required to be expunged by the law of the compact state reporting the information shall be removed from the Coordinated Database.
κ2023 Statutes of Nevada, Page 3091 (CHAPTER 498, AB 503)κ
ARTICLE X.
Establishment of the Psychology Interjurisdictional Compact Commission
A. The compact states hereby create and establish a joint public agency known as the Psychology Interjurisdictional Compact Commission as follows:
1. The Commission is a body politic and an instrumentality of the compact states.
2. Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.
B. Membership, Voting and Meetings.
1. The Commission shall consist of one voting representative appointed by each compact state who shall serve as that states Commissioner. The state psychology regulatory authority shall appoint its delegate. This delegate shall be empowered to act on behalf of the compact state. This delegate shall be limited to:
a. An executive director, executive secretary or similar executive;
b. A current member of the state psychology regulatory authority of a compact state; or
c. A designee empowered with the appropriate delegate authority to act on behalf of the compact state.
2. Any Commissioner may be removed or suspended from office as provided by the law of the state from which the Commissioner is appointed. Any vacancy occurring in the Commission shall be filled in accordance with the laws of the compact state in which the vacancy exists.
3. Each Commissioner shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. A Commissioner shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for Commissioners participation in meetings by telephone or other means of communication.
4. The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
5. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Article XI.
6. The Commission may convene in a closed, nonpublic meeting if the Commission must discuss:
a. Noncompliance of a compact state with its obligations under the Compact;
b. The employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees or other matters related to the Commissions internal personnel practices and procedures;
κ2023 Statutes of Nevada, Page 3092 (CHAPTER 498, AB 503)κ
c. Current, threatened or reasonable anticipated litigation against the Commission;
d. Negotiation of contracts for the purchase or sale of goods, services or real estate;
e. Accusation against any person of a crime or formally censuring any person;
f. Disclosure of trade secrets or commercial or financial information which is privileged or confidential;
g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
h. [Disclosure of investigatory records compiled for law enforcement purposes;
i.] Disclosure of information related to any investigatory reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility for investigation or determination of compliance issues pursuant to the Compact; or
[j.] i. Matters specifically exempted from disclosure by federal and state statute.
7. If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commissions legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The Commission shall keep minutes which fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, of any person participating in the meeting, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the Commission or order of a court of competent jurisdiction.
C. The Commission shall, by a majority vote of the Commissioners, prescribe bylaws and rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the Compact, including, but not limited to:
1. Establishing the fiscal year of the Commission.
2. Providing reasonable standards and procedures:
a. For the establishment and meetings of other committees; and
b. Governing any general or specific delegation of any authority or function of the Commission.
3. Providing reasonable procedures for calling and conducting meetings of the Commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the publics interest, the privacy of individuals of such proceedings and proprietary information, including trade secrets. The Commission may meet in closed session only after a majority of the Commissioners vote to close a meeting to the public in whole or in part. As soon as practicable, the Commission must make public a copy of the vote to close the meeting revealing the vote of each Commissioner with no proxy votes allowed.
4. Establishing the titles, duties and authority and reasonable procedures for the election of the officers of the Commission.
5. Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Commission.
κ2023 Statutes of Nevada, Page 3093 (CHAPTER 498, AB 503)κ
Notwithstanding any civil service or other similar law of any compact state, the bylaws shall exclusively govern the personnel policies and programs of the Commission.
6. Promulgating a code of ethics to address permissible and prohibited activities of Commission members and employees.
7. Providing a mechanism for concluding the operations of the Commission and the equitable disposition of any surplus funds that may exist after the termination of the Compact after the payment and reserving of all of its debts and obligations.
8. The Commission shall publish its bylaws in a convenient form and file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the compact states.
9. The Commission shall maintain its financial records in accordance with the bylaws.
10. The Commission shall meet and take such actions as are consistent with the provisions of this Compact and the bylaws.
D. The Commission shall have the following powers:
1. The authority to promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact which shall have the force and effect of law and shall be binding in all compact states;
2. To bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state psychology regulatory authority or other regulatory body responsible for psychology licensure to sue or be sued under applicable law shall not be affected;
3. To purchase and maintain insurance and bonds;
4. To borrow, accept or contract for services of personnel, including, but not limited to, employees of a compact state;
5. To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact and to establish the Commissions personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters;
6. To accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same, provided that at all times the Commission shall strive to avoid any appearance of impropriety or conflict of interest;
7. To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed, provided that at all times the Commission shall strive to avoid any appearance of impropriety;
8. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed;
9. To establish a budget and make expenditures;
10. To borrow money;
11. To appoint committees, including advisory committees comprised of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;
12. To provide and receive information from, and to cooperate with, law enforcement agencies;
13. To adopt and use an official seal; and
κ2023 Statutes of Nevada, Page 3094 (CHAPTER 498, AB 503)κ
14. To perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of psychology licensure, temporary in-person, face-to-face practice and telepsychology practice.
E. The Executive Board.
The elected officers shall serve as the Executive Board, which shall have the power to act on behalf of the Commission according to the terms of this Compact.
1. The Executive Board shall be comprised of six members:
a. Five voting members who are elected from the current membership of the Commission by the Commission; and
b. One ex-officio, nonvoting member from the recognized membership organization composed of state and provincial psychology regulatory authorities.
2. The ex-officio member must have served as staff or member on a state psychology regulatory authority and will be selected by its respective organization.
3. The Commission may remove any member of the Executive Board as provided in the bylaws.
4. The Executive Board shall meet at least annually.
5. The Executive Board shall have the following duties and responsibilities:
a. Recommend to the entire Commission changes to the rules or bylaws, changes to this Compact legislation, fees paid by compact states, such as annual dues, and any other applicable fees;
b. Ensure compact administration services are appropriately provided, contractual or otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the Commission;
e. Monitor compact compliance of member states and provide compliance reports to the Commission;
f. Establish additional committees as necessary; and
g. Other duties as provided in the rules or bylaws.
F. Financing of the Commission.
1. The Commission shall pay, or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.
2. The Commission may accept any and all appropriate revenue sources, donations and grants of money, equipment, supplies, materials and services.
3. The Commission may levy on and collect an annual assessment from each compact state or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission which shall promulgate a rule binding upon all compact states.
4. The Commission shall not incur obligations of any kind before securing the funds adequate to meet the same, nor shall the Commission pledge the credit of any of the compact states, except by and with the authority of the compact state.
5. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws.
κ2023 Statutes of Nevada, Page 3095 (CHAPTER 498, AB 503)κ
subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Commission.
G. Qualified Immunity, Defense and Indemnification.
1. The members, officers, Executive Director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities, provided that nothing in this subsection shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful or wanton misconduct of that person.
2. The Commission shall defend any member, officer, Executive Director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities, provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel, and provided further, that the actual or alleged act, error or omission did not result from that persons intentional or willful or wanton misconduct.
3. The Commission shall indemnify and hold harmless any member, officer, Executive Director, employee or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from the intentional or willful or wanton misconduct of that person.
ARTICLE XI.
Rulemaking
A. The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Article and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
B. If a majority of the legislatures of the compact states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact, then such rule shall have no further force and effect in any compact state.
C. Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.
κ2023 Statutes of Nevada, Page 3096 (CHAPTER 498, AB 503)κ
D. Before promulgation and adoption of a final rule or rules by the Commission, and at least sixty (60) days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a notice of proposed rulemaking:
1. On the Internet website of the Commission; and
2. On the Internet website of the compact states psychology regulatory authority or the publication in which each state would otherwise publish proposed rules.
E. The notice of proposed rulemaking shall include:
1. The proposed time, date and location of the meeting in which the rule will be considered and voted upon;
2. The text of the proposed rule or amendment and the reason for the proposed rule;
3. A request for comments on the proposed rule from any interested person; and
4. The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.
F. Before adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions and arguments, which shall be made available to the public.
G. The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:
1. At least twenty-five (25) persons who submit comments independently of each other;
2. A government subdivision or agency; or
3. A duly appointed person in an association that has at least twenty-five (25) members.
H. If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time and date of the scheduled public hearing and:
1. All persons wishing to be heard at the hearing shall notify the Executive Director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.
2. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
3. No transcript of the hearing is required, unless a written request for a transcript is made, in which case the person requesting the transcript shall bear the cost of producing the transcript. A recording may be made in lieu of a transcript under the same terms and conditions as a transcript. This subsection shall not preclude the Commission from making a transcript or recording of the hearing if it so chooses.
4. Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.
I. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.
J. The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
κ2023 Statutes of Nevada, Page 3097 (CHAPTER 498, AB 503)κ
K. If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.
L. Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
1. Meet an imminent threat to the public health, safety, or welfare;
2. Prevent a loss of Commission or compact state funds;
3. Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or
4. Protect the public health and safety.
M. The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the Internet website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the Chair of the Commission before the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.
ARTICLE XII.
Oversight, Dispute Resolution and Enforcement
A. Oversight.
1. The executive, legislative and judicial branches of state government in each compact state shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compacts purposes and intent. The provisions of this Compact and the rules promulgated hereunder shall have standing as statutory law.
2. All courts shall take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a compact state pertaining to the subject matter of this Compact which may affect the powers, responsibilities or actions of the Commission.
3. The Commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact or promulgated rules.
B. Default, Technical Assistance and Termination.
1. If the Commission determines that a compact state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall:
κ2023 Statutes of Nevada, Page 3098 (CHAPTER 498, AB 503)κ
a. Provide written notice to the defaulting state and other compact states of the nature of the default, the proposed means of remedying the default and any other action to be taken by the Commission; and
b. Provide remedial training and specific technical assistance regarding the default.
2. If a state in default fails to remedy the default, the defaulting state may be terminated from the Compact upon an affirmative vote of the majority of the compact states, and all rights, privileges and benefits conferred by this Compact shall be terminated on the effective date of termination. A remedy of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
3. Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be submitted by the Commission to the Governor, the majority and minority leaders of the defaulting states legislature, and each of the compact states.
4. A compact state which has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations which extend beyond the effective date of termination.
5. The Commission shall not bear any costs incurred by the state which is found to be in default or which has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting state.
6. The defaulting state may appeal the action of the Commission by petitioning the United States District Court for the State of Georgia or the federal district where the Compact has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorneys fees.
C. Dispute Resolution.
1. Upon request by a compact state, the Commission shall attempt to resolve disputes related to the Compact which arise among compact states and between compact and noncompact states.
2. The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes that arise before the Commission.
D. Enforcement.
1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact.
2. By majority vote, the Commission may initiate legal action in the United States District Court for the State of Georgia or the federal district where the Compact has its principal offices against a compact state in default to enforce compliance with the provisions of the Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorneys fees.
3. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.
κ2023 Statutes of Nevada, Page 3099 (CHAPTER 498, AB 503)κ
ARTICLE XIII.
Date of Implementation of Psychology Interjurisdictional Compact Commission and Associated Rules, Withdrawal and Amendment
A. The Compact shall come into effect on the date on which the Compact is enacted into law in the seventh compact state. The provisions which become effective at that time shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.
B. Any state which joins the Compact subsequent to the Commissions initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule which has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.
C. Any compact state may withdraw from this Compact by enacting a statute repealing the same, and:
1. A compact states withdrawal shall not take effect until six (6) months after enactment of the repealing statute.
2. Withdrawal shall not affect the continuing requirement of the withdrawing states psychology regulatory authority to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
D. Nothing contained in this Compact shall be construed to invalidate or prevent any psychology licensure agreement or other cooperative arrangement between a compact state and a noncompact state which does not conflict with the provisions of this Compact.
E. This Compact may be amended by the compact states. No amendment to this Compact shall become effective and binding upon any compact state until it is enacted into the law of all compact states.
ARTICLE XIV.
Construction and Severability
This Compact shall be liberally construed so as to effectuate the purposes thereof. If this Compact shall be held contrary to the constitution of any state member thereto, the Compact shall remain in full force and effect as to the remaining compact states.
Sec. 61. Chapter 641A of NRS is hereby amended by adding thereto a new section to read as follows:
In addition to any other requirements set forth in this chapter, an applicant for a license to practice as a marriage and family therapist or clinical professional counselor, a license by endorsement to practice as a marriage and family therapist or clinical professional counselor, a license as a marriage and family therapist intern or a license as a clinical professional counselor intern that is issued pursuant to this chapter shall submit to the Board a complete set of fingerprints and written permission authorizing the Board to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant.
κ2023 Statutes of Nevada, Page 3100 (CHAPTER 498, AB 503)κ
criminal history of the applicant and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant.
Secs. 62-64. (Deleted by amendment.)
Sec. 65. NRS 642.511 is hereby amended to read as follows:
642.511 [An] In addition to any other requirements set forth in this chapter, an applicant for [any] a license [, permit or] to practice the profession of embalming, a certificate of registration to serve as a registered apprentice to a licensed embalmer, a funeral directors license, a license as a funeral arranger, a permit to operate a funeral establishment or a permit to operate a direct cremation facility that is issued [by the Board must] pursuant to this chapter shall submit [as part of his or her application] to the Board a complete set of fingerprints and written permission authorizing the Board to forward [the] those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant and for submission to the Federal Bureau of Investigation for its report [.] on the criminal history of the applicant.
Secs. 66-79. (Deleted by amendment.)
Sec. 80. Chapter 678A of NRS is hereby amended by adding thereto the provisions set forth as sections 81 to 84, inclusive, of this act.
Sec. 81. Board member means a natural person who is proposed to sit on the board of a proposed cannabis establishment and who may or may not be an owner of the cannabis establishment.
Sec. 82. Officer means a natural person who:
1. Is proposed to hold the title of, or be designated by a proposed cannabis establishment as, a president, vice president, secretary, treasurer, manager, chief executive officer, chief operating officer or chief financial officer of the cannabis establishment; and
2. May or may not be an owner of the proposed cannabis establishment.
Sec. 83. Owner means a natural person who is the holder of any ownership interest in a proposed cannabis establishment.
Sec. 84. Ownership interest has the meaning ascribed to owners interest in NRS 92A.080.
Sec. 85. NRS 678A.010 is hereby amended to read as follows:
678A.010 As used in this title, unless the context otherwise requires, the words and terms defined in NRS 678A.020 to 678A.240, inclusive, and sections 81 to 84, inclusive, of this act have the meanings ascribed to them in those sections.
Secs. 86-88. (Deleted by amendment.)
Sec. 89. NRS 394.157 and 644A.465 are hereby repealed.
Sec. 90. Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after May 10, 2023.
Sec. 91. This act becomes effective upon passage and approval.
________
κ2023 Statutes of Nevada, Page 3101κ
Assembly Bill No. 526Committee on Ways and Means
CHAPTER 499
[Approved: June 15, 2023]
AN ACT relating to state financial administration; providing for the redistribution of certain money authorized for expenditure to certain nonprofit organizations; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 1 of this bill requires the Governor to certify the amount of money authorized or reauthorized for expenditure from the COVID-19 Relief Programs budget account that is projected by the Office of Finance in the Office of the Governor not to be expended for its approved purpose by December 31, 2026. Section 1 requires the Office of Finance to: (1) in accordance with the requirements for work program revisions in existing law, transfer, or request the transfer of, as applicable, the certified money from the budget accounts in which the money is being held to the COVID-19 Relief Programs budget account; and (2) cause to be carried out the processing of payments of the certified money from the COVID-19 Relief Programs budget account to registered nonprofit organizations in amounts, with certain exceptions, equal to the percentages of the certified money specified for those registered nonprofit organizations in section 3 of this bill. Section 2 of this bill sets forth the requirements for such registration. Section 3 specifies the nonprofit organizations that are eligible to register and the percentages of the certified money, with certain exceptions, for which those nonprofit organizations are eligible if they are registered. Section 4 of this bill makes an appropriation of $250,000 to the Office of the State Treasurer for the costs of consulting services to assist the Office with registering eligible nonprofit organizations pursuant to section 2.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Whereas, Studies have shown that nonprofit organizations faced considerable challenges during the COVID-19 pandemic as a result of a substantial reduction in the number of their volunteers and donations and a significant increase in the demand for their services; and
Whereas, Nonprofit organizations nevertheless rose to the challenges presented by the pandemic and found innovative ways to continue to provide their services to the local communities in Nevada; and
Whereas, Redirecting unused money that was provided by the Federal Government to ameliorate the effects of the COVID-19 pandemic will assist nonprofit organizations to recover from the COVID-19 pandemic and flourish in the future; now therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. On or after July 15, 2024, but before August 1, 2024, the Governor shall submit a written report to the Interim Finance Committee and the State Treasurer that:
(a) Itemizes the money that was authorized for expenditure from the COVID-19 Relief Programs budget account in section 1 of chapter 434, Statutes of Nevada 2021, at page 2765, including any portion of that money that was reauthorized subsequently by the Nevada Legislature; and
κ2023 Statutes of Nevada, Page 3102 (CHAPTER 499, AB 526)κ
Statutes of Nevada 2021, at page 2765, including any portion of that money that was reauthorized subsequently by the Nevada Legislature; and
(b) Certifies a cumulative total of the portion of that money that is projected by the Office of Finance in the Office of the Governor not to be expended for its approved purpose by December 31, 2026.
2. On or before August 30, 2024, the Office of Finance shall:
(a) Process any work programs to authorize the transfer of the money certified in paragraph (b) of subsection 1 from the budget accounts in which that money is held to the COVID-19 Relief Programs budget account and that do not require the approval of the Interim Finance Committee pursuant to NRS 353.220 and process the transfer of the money.
(b) Submit to the Secretary of the Interim Finance Committee any work programs that authorize the transfer of the money certified in paragraph (b) of subsection 1 from the budget accounts in which that money is held to the COVID-19 Relief Programs budget account and that require the approval of the Interim Finance Committee pursuant to NRS 353.220, process the transfer of the money and process any work program necessary to authorize the payments required in subsection 3 from the COVID-19 Relief Programs budget account.
3. Except as otherwise provided in this subsection, on or before December 31, 2024, the Office of Finance shall cause to be carried out the processing of payments from the COVID-19 Relief Programs budget account to each registered nonprofit organization listed in the report submitted by the State Treasurer to the Office of Finance pursuant to section 2 of this act in an amount equal to the percentage of the amount of money certified in paragraph (b) of subsection 1 that is specified for that nonprofit organization in section 3 of this act. The Office of Finance shall not withhold any portion of such a payment. If an eligible nonprofit organization specified in section 3 of this act is not listed as a registered nonprofit organization in the report submitted by the State Treasurer to the Office of Finance pursuant to section 2 of this act, the Office of Finance shall reallocate the percentage share of the money certified pursuant to paragraph (b) of subsection 1 that would have otherwise been allocated to the eligible nonprofit organization pro rata among the registered nonprofit organizations within the same category or subcategory set forth in section 3 of this act, as applicable. If none of the eligible nonprofit organizations in a category or subcategory listed in section 3 of this act are registered pursuant to section 2 of this act, the Office of Finance shall reallocate the percentage share of the money certified pursuant to paragraph (b) of subsection 1 that would have otherwise been allocated to that category or subcategory pro rata among the other categories or subcategories, as applicable.
Sec. 2. 1. On or before June 30, 2024, an eligible nonprofit organization listed in section 3 of this act may apply to the State Treasurer, on a form prescribed by the State Treasurer, for registration to receive a payment of the percentage set forth in section 3 of this act for that nonprofit organization of the money certified pursuant to paragraph (b) of subsection 1 of section 1 of this act. The State Treasurer shall not approve an application for registration unless the eligible nonprofit organization demonstrates that the proposed use of the money is an approved use under the Final Rule of the United States Department of the Treasury, 31 C.F.R. Part 35, RIN 1505-AC77.
κ2023 Statutes of Nevada, Page 3103 (CHAPTER 499, AB 526)κ
2. The State Treasurer may revoke a registration approved pursuant to subsection 1 if the State Treasurer becomes aware of circumstances that the State Treasurer reasonably believes will impair the ability of the registered nonprofit organization to carry out the use of the certified money proposed to be distributed to the registered nonprofit organization.
3. On or after July 15, 2024, but before August 1, 2024, the State Treasurer shall submit to the Office of Finance in the Office of the Governor a report listing the eligible nonprofit organizations that are registered pursuant to subsection 1.
Sec. 3. The following nonprofit organizations are eligible to apply for registration pursuant to section 2 of this act to receive a payment of the percentage set forth in this section for that nonprofit organization of the money certified pursuant to paragraph (b) of subsection 1 of section 1 of this act, except as otherwise provided in subsection 3 of section 1 of this act:
Category of Funding Percentage of Percentage of
Total Certified Total Certified
Money Within Money
Category or
Subcategory
1. Services
(a) Children 8.00%
Boys and Girls Club of Truckee Meadows 19.00%
Rite of Passage Adolescent Treatment Centers and Schools, Inc. 11.00%
Greater Las Vegas Inner-City Games 10.50%
Sunrise Childrens Foundation 7.50%
Boys & Girls Clubs of Southern Nevada 7.00%
The Childrens Cabinet, Inc. 5.00%
Communities In Schools of Nevada 3.50%
Nevada Childrens Foundation, Inc. 3.50%
Boys & Girls Club of Mason Valley 2.50%
Andson, Inc. 2.25%
Boys & Girls Clubs of Elko 2.00%
Sierra Nevada Journeys 2.00%
St Judes Ranch for Children - Nevada Region, Inc. 2.00%
Head Start of Northeastern Nevada 1.50%
Public Education Foundation, Inc. 1.25%
Boys & Girls Club of Winnemucca 1.00%
κ2023 Statutes of Nevada, Page 3104 (CHAPTER 499, AB 526)κ
Category of Funding Percentage of Percentage of
Total Certified Total Certified
Money Within Money
Category or
Subcategory
Green Our Planet 1.00%
Little Peoples Head Start of Nevada 1.00%
Northern Nevada Literacy Council 1.00%
S.A.F.E. House, Inc. (Stop Abuse in the Family Environment) 1.00%
Sky Tavern, Inc. 1.00%
Specialized Alternatives for Families and Youth of Nevada, Inc. 1.00%
Spread the Word Nevada 1.00%
Austins House 0.50%
Babys Bounty 0.50%
Chefs for Kids, Inc. 0.50%
Child Assault Prevention Project of Washoe County 0.50%
Childrens Advocacy Alliance of Nevada 0.50%
CORE Academy, Powered By the Rogers Foundation 0.50%
Ely Co-Op Pre-School 0.50%
Family to Family Connection ISD 13 0.50%
Foster Kinship 0.50%
Fulfillment Fund Las Vegas 0.50%
Girls on the Run - Sierras 0.50%
Goodie Two Shoes Foundation, Inc. 0.50%
Incline Village Nursery School, Inc. 0.50%
Junior Achievement, Inc. 0.50%
Kids First Family Services 0.50%
Leaders in Training 0.50%
Nevada Child Seekers Merging Corporation 0.50%
Nevada Womens Fund 0.50%
Premier Adoption Agency, Inc. 0.50%
Safe Kids Clark County 0.50%
The Fallon Youth Club, Inc. 0.50%
Urban Roots Garden Classrooms 0.50%
Opportunity 180 0.25%
κ2023 Statutes of Nevada, Page 3105 (CHAPTER 499, AB 526)κ
Category of Funding Percentage of Percentage of
Total Certified Total Certified
Money Within Money
Category or
Subcategory
Silver State Education Foundation 0.25%
(b) Disability 5.00%
Opportunity Village Arc 35.00%
Transition Services, Inc. 22.50%
New Vista Ranch, Inc. 7.75%
Disability Resources Inc. 7.50%
Northern Nevada Human Services Association 6.00%
Nevada Blind Childrens Foundation 4.00%
Alpha Productions Technologies, Inc. 3.50%
Blind Center of Nevada, Inc. 3.50%
High Sierra Industries, Inc. 3.00%
Nevada P E P, Inc. 1.75%
The Garden Foundation, Inc. 1.50%
Center for Independent Living Inc. 0.50%
Down Syndrome Organization of Southern Nevada 0.50%
Friends of National Multiple Sclerosis Society Inc. 0.50%
Kids & Horses 0.50%
Nevada Wheelchair Foundation 0.50%
Southern Nevada Center for Independent Living 0.50%
Special Recreation Services, Inc. 0.50%
Washoe Ability Resource Center 0.50%
(c) Domestic Violence 5.00%
Safe Nest: Temporary Assistance for Domestic Crisis, Inc. 26.00%
The Shade Tree Incorporated 18.50%
Family Support Council of Douglas County 14.00%
Advocates to End Domestic Violence 12.25%
Community Action Against Rape 9.50%
Safe Embrace 5.50%
κ2023 Statutes of Nevada, Page 3106 (CHAPTER 499, AB 526)κ
Category of Funding Percentage of Percentage of
Total Certified Total Certified
Money Within Money
Category or
Subcategory
Noahs Animal House Foundation 5.00%
Domestic Violence Resource Center 4.00%
No To Abuse - Nevada Outreach Training Organization 3.25%
Winnemucca Domestic Violence Services, Inc. 2.00%
(d) Legal 3.00%
Legal Aid Center of Southern Nevada 50.00%
Nevada Legal Services, Inc. 16.25%
Northern Nevada Legal Aid 12.25%
The Immigrant Home Foundation 5.50%
Nevada Disability Advocacy and Law Center, Inc. 4.50%
Southern Nevada Senior Law Program 4.00%
American Civil Liberties Union (ACLU) of Nevada Foundation, Inc. 3.50%
Volunteer Attorneys for Rural Nevadans 3.00%
Clark County Law Foundation 1.00%
(e) Senior 3.00%
Nevada Senior Services, Inc. 38.25%
Carson City Senior Citizens Center 14.00%
Pahrump Senior Center, Inc. 10.75%
Helping Hands of Vegas Valley, Inc. 10.00%
Senior Citizens of Humboldt County Inc. 8.50%
Nevada Rural Counties RSVP Program, Inc. 6.00%
Senior Center of Boulder City 4.50%
United Seniors, Inc. 2.50%
Lend A Hand of Boulder City 2.00%
Seniors in Service - Nevada 2.00%
James Seastrand Helping Hands of North Las Vegas 1.50%
κ2023 Statutes of Nevada, Page 3107 (CHAPTER 499, AB 526)κ
Category of Funding Percentage of Percentage of
Total Certified Total Certified
Money Within Money
Category or
Subcategory
(f) Miscellaneous Services 10.00%
NyE Communities Coalition 24.00%
Community Services Agency - Reno 17.50%
Asian Community Development Council 6.00%
Las Vegas Rescue Mission 6.00%
Nevada Outdoor School 4.50%
Care Services of Nevada, Inc. 3.75%
Healthy Communities Coalition of Lyon and Storey Counties 3.50%
Jewish Family Service Agency 3.25%
Hope for Prisoners, Inc. 3.00%
Awaken, Inc. 2.50%
Nevada Partners, Inc. 2.50%
Lighthouse Charities, Inc. 2.25%
Neighbor Network of Northern Nevada 2.00%
Tahoe Family Solutions, Inc. 2.00%
Family and Child Treatment of Southern Nevada 1.75%
LGBTQIA+ Community Center of Southern Nevada, Inc. 1.75%
ACTIONN 1.50%
The Cupcake Girls 1.50%
Churchill Community Coalition 1.00%
Note-Able Music Therapy Services 1.00%
LOVEE, Inc. 1.00%
Ron Wood Family Resource Center 1.00%
Frontier Community Coalition 0.75%
Arriba Las Vegas Worker Center 0.50%
City Impact Foundation 0.50%
F.E.A.T. of Southern Nevada 0.50%
Gender Justice Nevada 0.50%
κ2023 Statutes of Nevada, Page 3108 (CHAPTER 499, AB 526)κ
Category of Funding Percentage of Percentage of
Total Certified Total Certified
Money Within Money
Category or
Subcategory
Gentlemen By Choice Community Development Corporation 0.50%
Junior League of Las Vegas, Inc. 0.50%
Junior League of Reno, Inc. 0.50%
Las Vegas Indian Center, Inc. 0.50%
Nevada Center for Civic Engagement 0.50%
Paralyzed Veterans of America, Nevada Chapter 0.50%
RAD, Real Autism Difference 0.50%
That Others May Live Foundation 0.50%
2. Health Care
(a) Addiction or Mental Health 6.00%
Bridge Counseling Associates Inc. 10.50%
Churchill Council On Alcohol and Other Drugs 10.00%
The Life Change Center 8.00%
Crisis Call Center 7.00%
Ridge House Inc. 7.00%
Rural Nevada Counseling 7.00%
Bristlecone Family Resources 6.00%
JC Family Services, Inc. 5.50%
Community Counseling Center of Southern Nevada 5.00%
Quest Counseling & Consulting, Inc. 5.00%
STEP2 5.00%
Freedom House Sober Living 3.50%
Carson City Community Counseling Center 3.00%
Teen Challenge of Nevada Inc. 2.00%
The Family Support Center 2.00%
κ2023 Statutes of Nevada, Page 3109 (CHAPTER 499, AB 526)κ
Category of Funding Percentage of Percentage of
Total Certified Total Certified
Money Within Money
Category or
Subcategory
Dr. Miriam & Sheldon G. Adelson Clinic for Drug Abuse Treatment and Research, Inc. 1.50%
Join Together Northern Nevada 1.50%
Family Counseling Service of Northern Nevada 1.00%
Foundation for Recovery, Inc. 1.00%
Pact Coalition for Safe and Drug-Free Communities 1.00%
Partners Allied for Community Excellence (PACE) Coalition 1.00%
Partnership Carson City 1.00%
Step I, Inc. 1.00%
Suicide Prevention Network Ltd. 1.00%
CARE Coalition 0.50%
Living Free Health & Fitness A Non-Profit Corp 0.50%
National Alliance on Mental Illness (NAMI) Nevada 0.50%
National Alliance on Mental Illness (NAMI) Southern Nevada 0.50%
New Life USA - Nevada 0.50%
Northern Nevada Intergroup Association and Central Service Committee Inc. 0.50%
Trauma Intervention Program (TIP) of Southern Nevada 0.50%
(b) Hospitals or Clinics 6.00%
Renown Health 64.00%
Carson Tahoe Health 15.00%
Washoe Barton Medical Clinic, A Nevada Nonprofit Corporation 4.00%
Nevada Health Centers, Inc. 3.75%
Boulder City Hospital 2.50%
Community Health Alliance 2.50%
Northern Nevada HOPES 2.00%
South Lyon Medical Center 2.00%
κ2023 Statutes of Nevada, Page 3110 (CHAPTER 499, AB 526)κ
Category of Funding Percentage of Percentage of
Total Certified Total Certified
Money Within Money
Category or
Subcategory
Care with Purpose Medical Center 1.00%
Carson Tahoe Continuing Care Hospital 0.50%
Hope Christian Health Center 0.50%
Silver State Health Services 0.50%
Community Outreach Medical Center 0.25%
Horizon Hospice 0.25%
Humboldt Volunteer Hospice 0.25%
Nathan Adelson Hospice Foundation Inc. 0.25%
Nevada Primary Care Association 0.25%
Nevada Rural Hospital Partners 0.25%
Research, Education & Access for Community 0.25%
(c) Dental Care 1.00%
Future Smiles 45.00%
Childrens Dental Care 40.00%
Northern Nevada Dental Health Programs 15.00%
(d) Veterans 1.00%
Adopt A Vet Dental Program Inc. 60.00%
Veterans Guest House, Inc. 40.00%
(e) Miscellaneous Health Care 9.00%
Nathan Adelson Hospice 24.25%
Capability Health and Human Services 12.50%
United Cerebral Palsy of Nevada 12.50%
Nevada Donor Network, Inc. 8.00%
Access To Healthcare 6.50%
WestCare Foundation, Inc. 6.50%
FirstMed Health and Wellness Center 4.00%
First Person Care Clinic 2.00%
Nevada Urban Indians Inc. 2.00%
Volunteers in Medicine of Southern Nevada 2.00%
Aid for AIDS of Nevada 1.25%
CARE Chest 1.25%
κ2023 Statutes of Nevada, Page 3111 (CHAPTER 499, AB 526)κ
Category of Funding Percentage of Percentage of
Total Certified Total Certified
Money Within Money
Category or
Subcategory
Grant a Gift Autism Foundation - Ackerman Center 1.25%
Hemostasis and Thrombosis Center of Nevada 1.25%
High Sierra Area Health Education Center 1.25%
Immunize Nevada 1.25%
Nevada Cancer Research Foundation 1.25%
Nevada Childhood Cancer Foundation 1.25%
Northern Nevada Childrens Cancer Foundation 1.25%
Ronald McDonald House Charities Northern Nevada 1.25%
Ronald McDonald House Charities of Greater Las Vegas 1.25%
Access for Community & Cultural Education Programs & Trainings 0.50%
ALS Association Nevada Chapter 0.50%
Candlelighters Childhood Cancer Foundation of Nevada 0.50%
Childrens Heart Foundation Nevada 0.50%
Consumer Assistance & Resource Enterprise 0.50%
Golden Rainbow of Nevada, Inc. 0.50%
Nevada Cancer Coalition 0.50%
Nevada Diabetes Association for Children and Adults 0.50%
Nevada Medical Center 0.50%
Nevada Public Health Foundation 0.50%
Nvhca Perry Foundation Inc. 0.50%
Simmaron Research Inc. 0.50%
3. Housing 11.00%
HELP of Southern Nevada Housing 25.00%
κ2023 Statutes of Nevada, Page 3112 (CHAPTER 499, AB 526)κ
Category of Funding Percentage of Percentage of
Total Certified Total Certified
Money Within Money
Category or
Subcategory
Nevada HAND, Inc. 11.00%
Reno Initiative for Shelter and Equality 10.50%
Truckee Meadows Habitat for Humanity 7.50%
Eddy House 6.50%
Nevada Partnership for Homeless Youth 5.00%
Habitat for Humanity Las Vegas 4.50%
Silver State Fair Housing Council 4.00%
Northern Nevada Community Housing Resource Board 3.50%
SHARE Village Las Vegas 3.25%
Coordinated Living of Southern Nevada, Inc. 3.00%
Nevada Homes for Youth, Inc. 3.00%
Neighborhood Housing Services of Southern Nevada 2.50%
The Empowerment Center 2.00%
Community Services of Nevada (CSNV) 1.00%
Family Promise of Las Vegas 1.00%
Nevada Affordable Housing Assistance Corporation 1.00%
Nevada Youth Empowerment Project Housing 1.00%
Project 150 1.00%
Rebuilding Together Southern Nevada 1.00%
Street Teens A Nevada Non-Profit Corporation 1.00%
The Widows Mite 1.00%
Silver Sage Manor, Inc. 0.50%
Shelter Providers of Southern Nevada, Inc. 0.25%
4. Community Hubs 10.00%
YMCA of Southern Nevada 32.00%
Catholic Charities of Northern Nevada 19.00%
κ2023 Statutes of Nevada, Page 3113 (CHAPTER 499, AB 526)κ
Category of Funding Percentage of Percentage of
Total Certified Total Certified
Money Within Money
Category or
Subcategory
Catholic Charities of Southern Nevada 16.00%
Las Vegas-Clark County Urban League CAA 5.00%
Community Chest, Inc. 4.00%
Crisis Intervention Services 4.00%
Boys and Girls Clubs of Western Nevada 3.50%
East Valley Family Services 2.00%
FISH Emergency Referral Services Program 2.00%
Lutheran Social Services of Nevada 2.00%
United Way of Southern Nevada 2.00%
Elko F.I.S.H. 1.50%
HopeLink of Southern Nevada 1.50%
Kings Row Community Life Center 1.00%
United Way of Northern Nevada and the Sierra 1.00%
Wells Family Resource Center 1.00%
Cappalappa Family Resource Center 0.50%
Consolidated Agencies of Human Services 0.50%
Emergency Aid of Boulder City, Inc. 0.50%
Family Resource Centers of Northeastern Nevada 0.50%
United Labor Agency of Nevada, Inc. 0.50%
5. Food Assistance 10.00%
Three Square Food Bank 50.00%
Food Bank of Northern Nevada 30.00%
The Just One Project 12.00%
Food for Kids, Inc. 2.00%
Carson Valley Community Food Closet 1.00%
Fallon Food Hub 1.00%
Friends in the Desert Foundation, Inc. 1.00%
Serving Our Kids Foundation 1.00%
κ2023 Statutes of Nevada, Page 3114 (CHAPTER 499, AB 526)κ
Category of Funding Percentage of Percentage of
Total Certified Total Certified
Money Within Money
Category or
Subcategory
The Greenhouse Project 1.00%
Virgin Valley Family Services, Inc. 1.00%
6. Job Training 6.00%
Goodwill Industries of Southern Nevada, Inc. 48.00%
Southern Nevada Culinary and Bartenders Training Fund A Trust 8.00%
Progressive Choices, Inc. 7.00%
Jobs for Nevadas Graduates, Inc. 4.00%
UBC National Job Corps Training Fund, Inc. (Las Vegas) 4.00%
Dress for Success Reno - Northern Nevada 2.00%
Dress for Success Southern Nevada 2.00%
Electrical Joint Apprenticeship and Training Committee (JATC) for Southern Nevada 2.00%
Foundation for an Independent Tomorrow 2.00%
Las Vegas Plumbers and Pipefitters Local Union 525 Apprentice and TRA 2.00%
Ruby Mountain Resource Center 2.00%
ABC Nevada Chapter Northern Division Apprenticeship Trust Fund 1.00%
Cement Masons Joint Apprenticeship and Training Trust Fund 1.00%
Iron Sharpens Iron Mentoring, Inc. 1.00%
JOIN Inc. 1.00%
Northern Nevada Building and Construction Trades Council Development Corp. 1.00%
Northern Nevada Dream Center 1.00%
κ2023 Statutes of Nevada, Page 3115 (CHAPTER 499, AB 526)κ
Category of Funding Percentage of Percentage of
Total Certified Total Certified
Money Within Money
Category or
Subcategory
Northern Nevada Electrical Workers Joint Apprenticeship & Training Committee 1.00%
NRA-IATSE Local 720 Training Trust 1.00%
Operating Engineers Affirmative Action Training Fund 1.00%
Painters, Glaziers & Floor Coverers Joint Apprenticeship Training Trust 1.00%
Sheet Metal Workers Joint Apprenticeship Committee of Reno 1.00%
Sheet Metal Workers Local 88 Joint Apprenticeship & Training Fund 1.00%
Southern Nevada Operating and Maintenance Engineers Joint Apprenticeship & Training Trust Fund 1.00%
Southern Nevada Teamsters Local 631 Construction Industry Training Trust 1.00%
Special Employment Services 1.00%
Teamsters Convention Industry Training Fund 1.00%
T.U.L.I.P.S. (Teaching and Uniting Ladies to Inspire Positive Success) 1.00%
7. Arts and Culture 5.00%
The Smith Center for the Performing Arts 15.00%
300 Stewart Avenue Corporation 12.50%
Reno Philharmonic 11.00%
Las Vegas Philharmonic 9.00%
DISCOVERY Childrens Museum 6.00%
Nevada Museum of Art 5.00%
Nevada Ballet Theatre 4.50%
κ2023 Statutes of Nevada, Page 3116 (CHAPTER 499, AB 526)κ
Category of Funding Percentage of Percentage of
Total Certified Total Certified
Money Within Money
Category or
Subcategory
The Neon Museum 4.50%
Nevada Public Radio 4.00%
Reno Chamber Orchestra 4.00%
Terry Lee Wells Nevada Discovery Museum 3.80%
Nevada School of the Arts 2.50%
Pioneer Center for the Performing Arts 2.50%
Channel 5 Public Broadcasting, Inc. 2.00%
Friends of the Las Vegas Youth Orchestras 1.25%
Nevada Northern Railway Foundation 1.25%
Boulder City Museum & Historical Association 1.00%
Lake Tahoe Shakespeare Festival 1.00%
Las Vegas Natural History Museum 1.00%
Northeastern Nevada Historical Society and Museum 1.00%
Thunderbird Lodge Preservation Society 1.00%
Western Folklife Center 1.00%
Burlesque Hall of Fame, Inc. 0.50%
The Reno Dance Company, Inc. 0.50%
Artown 0.25%
Classical Tahoe 0.25%
Historic Fourth Ward School Foundation 0.25%
Nevada Preservation Foundation 0.25%
Reno Jazz Orchestra 0.25%
Reno Little Theater 0.25%
Sierra Arts Foundation 0.25%
The Holland Project 0.25%
Arts for All Nevada 0.20%
Bruka Theater of the Sierra 0.20%
Childrens Museum of Northern Nevada, Inc. 0.20%
κ2023 Statutes of Nevada, Page 3117 (CHAPTER 499, AB 526)κ
Category of Funding Percentage of Percentage of
Total Certified Total Certified
Money Within Money
Category or
Subcategory
Douglas County Historical Society 0.20%
Junior Achievement 0.20%
St. Marys Art Center 0.20%
A Source of Joy Theatricals, Inc. 0.10%
Big Four Educational Film Theatre Foundation 0.10%
Brewery Arts Center 0.10%
Great Basin Heritage Area Partnership 0.10%
Jazz Outreach Initiative 0.10%
Las Vegas Public Radio Inc. 0.10%
Music With Confidence 0.10%
North Central Nevada Historical Society 0.10%
Signature Productions 0.10%
The Orchestra and Community Choral Artists of the Tahoe Area 0.10%
8. Animal Care 1.00%
The Animal Foundation 30.00%
Nevada Humane Society 25.00%
Society for the Prevention of Cruelty to Animals of Northern NV 12.50%
Hearts Alive Village 5.00%
Pet Network Humane Society 5.00%
Nevada Society for the Prevention of Cruelty To Animals 4.00%
Canine Rehabilitation Center and Cat Sanctuary 2.50%
Desert Haven Animal Society 2.50%
Feeding Pets of the Homeless 2.50%
Heaven Can Wait Animal Society 2.50%
Humane Network 2.50%
Carson City CARES Inc. (Catmandu) 1.00%
κ2023 Statutes of Nevada, Page 3118 (CHAPTER 499, AB 526)κ
Category of Funding Percentage of Percentage of
Total Certified Total Certified
Money Within Money
Category or
Subcategory
Churchill Animal Protection Society 1.00%
PALnv 1.00%
A Home 4 Spot Animal Rescue 0.50%
Help Elevate Life for Pets 0.50%
Homeward Bound Cat Adoptions 0.50%
Las Vegas Valley Humane Society 0.50%
PAWsitive Difference 0.50%
Sugarland Ranch, Inc. 0.50%
Sec. 4. 1. There is hereby appropriated from the State General Fund to the Office of the State Treasurer the sum of $250,000 for the costs of the services of a consultant with the requisite technical expertise to assist the Office of the State Treasurer in registering eligible nonprofit organizations pursuant to section 2 of this act, including, without limitation, notifying eligible nonprofit organizations of the requirement to register in section 2 of this act to receive a payment pursuant to section 1 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. 5. Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after May 29, 2023.
Sec. 6. This act becomes effective upon passage and approval.
________
κ2023 Statutes of Nevada, Page 3119κ
Assembly Bill No. 525Committee on Ways and Means
CHAPTER 500
[Approved: June 15, 2023]
AN ACT making appropriations for various purposes relating to health, education, employment and other community services; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS
Section 1. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $500,000 for allocation to the International Gaming Institute of the University of Nevada, Las Vegas, for the Expanding the Leaderverse initiative to increase the diversity of the leadership in the gaming industry.
2. Allocation of the money appropriated by subsection 1 is contingent upon matching money being obtained by the International Gaming Institute, including, without limitation, gifts, grants and donations to the International Gaming Institute from private and public sources of money other than the appropriation made by subsection 1. The Interim Finance Committee shall not direct the transfer of any portion of money from the appropriation made by subsection 1 until the International Gaming Institute submits to the Committee proof satisfactory to the Committee that matching money in an equivalent amount has been committed.
Sec. 1.5. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $2,500,000 for allocation to the nonprofit corporation formed to establish an art museum in Las Vegas, Nevada, upon a showing to the Committee:
1. That the corporation has been incorporated under the laws of this State as a nonprofit corporation; and
2. That the purpose of the corporation is to establish an art museum in Las Vegas, Nevada.
Sec. 2. There is hereby appropriated from the State General Fund to United Way of Northern Nevada the sum of $1,200,000 for its activities related to public health, education and improving economic mobility.
Sec. 3. There is hereby appropriated from the State General Fund to the Foundation for an Independent Tomorrow the sum of $2,000,000 for its activities related to vocational training, job preparation, education and employment services.
Sec. 4. There is hereby appropriated from the State General Fund to the Culinary Academy of Las Vegas the sum of $15,000,000 for its capital improvement plan.
Sec. 5. There is hereby appropriated from the State General Fund to A Source of Joy Theatricals, Inc. the sum of $1,000,000 for the Legacy Theatre Project.
Sec. 6. There is hereby appropriated from the State General Fund to the Food Bank of Northern Nevada the sum of $2,000,000 to address food insecurities of residents of this State.
κ2023 Statutes of Nevada, Page 3120 (CHAPTER 500, AB 525)κ
Sec. 7. There is hereby appropriated from the State General Fund to the Three Square Food Bank the sum of $2,000,000 to address food insecurities of residents of this State.
Sec. 8. There is hereby appropriated from the State General Fund to Boys Town Nevada the sum of $250,000 for its programs and services.
Sec. 9. There is hereby appropriated from the State General Fund to Foster Kinship the sum of $750,000 for the Kinship Navigator Program.
Sec. 10. There is hereby appropriated from the State General Fund to HopeLink of Southern Nevada the sum of $2,000,000 for wraparound services for families at risk of homelessness.
Sec. 11. There is hereby appropriated from the State General Fund to Catholic Charities of Southern Nevada the sum of $2,000,000 for the Meals on Wheels Program.
Sec. 12. There is hereby appropriated from the State General Fund to the Candlelighters Childhood Cancer Foundation of Nevada the sum of $1,000,000 for the provision of assistance to children affected by cancer and their families.
Sec. 13. There is hereby appropriated from the State General Fund to Legal Aid Center of Southern Nevada the sum of $250,000 for programs and services relating to tenants rights.
Sec. 14. There is hereby appropriated from the State General Fund to the United Way of Southern Nevada the sum of $1,200,000 for its activities related to public health, education and improving economic mobility.
Sec. 15. There is hereby appropriated from the State General Fund to Goodwill of Southern Nevada the sum of $1,500,000 for transforming workforce development initiatives.
Sec. 16. There is hereby appropriated from the State General Fund to the Special Olympics Nevada the sum of $250,000 for its programs.
Sec. 17. There is hereby appropriated from the State General Fund to Friends in Service Helping the sum of $3,000,000 for a capital improvement project.
Sec. 18. There is hereby appropriated from the State General Fund to the United Labor Agency of Nevada, Inc. the sum of $500,000 for providing community services.
Sec. 19. There is hereby appropriated from the State General Fund to the Community Health Alliance the sum of $4,500,000 for a capital improvement project.
Sec. 20. There is hereby appropriated from the State General Fund to Chicanos Por La Causa Nevada, Inc. the sum of $10,000 for economic empowerment of low-income persons.
Sec. 21. There is hereby appropriated from the State General Fund to the Latino Youth Leadership Foundation the sum of $10,000 to assist high school pupils with leadership training and development.
Sec. 22. There is hereby appropriated from the State General Fund to the Nevada Latino Bar Association the sum of $10,000 to provide assistance for preparation for the admission test for law school.
Sec. 23. There is hereby appropriated from the State General Fund to Project 150 the sum of $10,000 to provide support to homeless, displaced and disadvantaged high school pupils.
Sec. 24. There is hereby appropriated from the State General Fund to the South-Asian Womens Alliance of Nevada the sum of $10,000 to bridge the gap between South-Asian communities and resources in Southern Nevada.
κ2023 Statutes of Nevada, Page 3121 (CHAPTER 500, AB 525)κ
Sec. 25. There is hereby appropriated from the State General Fund to Leaders in Training the sum of $250,000 for educational training, support and programming for first-generation college students.
Sec. 26. There is hereby appropriated from the State General Fund to the Uplift Foundation of Nevada the sum of $10,000 for its programs and services.
Sec. 27. There is hereby appropriated from the State General Fund to The Foundation Christian Center the sum of $10,000 for its food programs.
Sec. 28. There is hereby appropriated from the State General Fund to King of Jewels the sum of $10,000 for its programs.
Sec. 29. There is hereby appropriated from the State General Fund to The Cupcake Girls the sum of $10,000 for services for persons affected by sex trafficking.
Sec. 30. There is hereby appropriated from the State General Fund to HELP of Southern Nevada the sum of $25,000 for the Shannon West Homeless Youth Center.
Sec. 31. There is hereby appropriated from the State General Fund to T.U.L.I.P.S. (Teaching and Uniting Ladies to Inspire Positive Success) the sum of $25,000 for its programs.
Sec. 32. There is hereby appropriated from the State General Fund to Gentleman By Choice Community Development Corporation the sum of $25,000 for its programs.
Sec. 33. There is hereby appropriated from the State General Fund to Spread the Word Nevada the sum of $500,000 for providing books to advance childhood literacy.
Sec. 34. There is hereby appropriated from the State General Fund to Northern Nevada HOPES the sum of $2,000,000 for providing primary and behavioral health care services.
Sec. 35. There is hereby appropriated from the State General Fund to the Pioneer Center for the Performing Arts the sum of $1,000,000 for a renovation project.
Sec. 36. There is hereby appropriated from the State General Fund to Nevada Partners, Inc. the sum of $1,000,000 to assist with its summer and educational program.
Sec. 37. There is hereby appropriated from the State General Fund to the Nevada Small Business Development Center the sum of $1,000,000 for its programs.
Sec. 38. There is hereby appropriated from the State General Fund to the Nevada State Prison Preservation Society the sum of $1,000,000 for a capital improvement project.
Sec. 39. There is hereby appropriated from the State General Fund to the Boys & Girls Clubs of Southern Nevada the sum of $250,000 for its programs.
Sec. 40. There is hereby appropriated from the State General Fund to the Boys & Girls Club of Truckee Meadows the sum of $250,000 for its programs.
Sec. 41. There is hereby appropriated from the State General Fund to Opportunity Village the sum of $250,000 for its programs and services.
Sec. 42. There is hereby appropriated from the State General Fund to the Urban Chamber Community Development Corporation the sum of $100,000 for its Nevada Small Business Development Center.
Sec. 43. There is hereby appropriated from the State General Fund to The Neon Museum the sum of $1,000,000 for a capital improvement project.
κ2023 Statutes of Nevada, Page 3122 (CHAPTER 500, AB 525)κ
Sec. 44. There is hereby appropriated from the State General Fund to the Economic Opportunity Board of Clark County the sum of $100,000 for its programs.
Sec. 45. There is hereby appropriated from the State General Fund to the Nevada Partnership for Homeless Youth the sum of $50,000 for its programs.
Sec. 46. There is hereby appropriated from the State General Fund to the Vision Theatrical Foundation, Inc. the sum of $10,000 for its programs.
Sec. 47. There is hereby appropriated from the State General Fund to Communities in Schools of Nevada the sum of $1,000,000 for its programs.
Sec. 48. There is hereby appropriated from the State General Fund to the Greater Youth Sports Association the sum of $5,000 for its programs.
Sec. 49. There is hereby appropriated from the State General Fund to the Obodo Collective the sum of $10,000 for its programs.
Sec. 50. There is hereby appropriated from the State General Fund to U.S. VETS - Las Vegas the sum of $25,000 for its activities to assist in the successful transition of military veterans and their families.
Sec. 51. There is hereby appropriated from the State General Fund to the National Alliance on Mental Illness (NAMI) Southern Nevada the sum of $25,000 for providing mental health support groups, classes, presentations and other resources without charge.
Sec. 52. There is hereby appropriated from the State General Fund to the Arriba Las Vegas Worker Center the sum of $10,000 for its activities to develop, educate and empower worker and migrant communities.
Sec. 53. There is hereby appropriated from the State General Fund to Puentes the sum of $10,000 for its programs and services.
Sec. 53.3. There is hereby appropriated from the State General Fund to The Arc Nevada the sum of $250,000 for its programs and services.
Sec. 53.7. There is hereby appropriated from the State General Fund to the College of Southern Nevada the sum of $4,500,000 for its Center For Excellence in Public Safety.
Sec. 54. There is hereby appropriated from the State General Fund to Teach for America the sum of $25,000 for its programs.
Sec. 55. Upon acceptance of the money appropriated by this act, the entity that accepts the money agrees to:
1. Prepare and transmit a report to the Interim Finance Committee on or before December 20, 2024, that describes each expenditure made from the money appropriated by this act from the date on which the money was received by the entity through December 1, 2024;
2. Prepare and transmit a final report to the Interim Finance Committee on or before September 19, 2025, that describes each expenditure made from the money appropriated by this act from the date on which the money was received by the entity through June 30, 2025; and
3. Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the entity, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated by this act.
Sec. 56. Any remaining balance of the appropriations made by sections 1 to 54, inclusive, of this act must not be committed for expenditure after June 30, 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2025, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2025.
κ2023 Statutes of Nevada, Page 3123 (CHAPTER 500, AB 525)κ
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. 57. This act becomes effective upon passage and approval.
________
EMERGENCY REQUEST of Speaker of the Assembly
Assembly Bill No. 528Assemblyman Yeager
CHAPTER 501
[Approved: June 15, 2023]
AN ACT relating to homelessness; establishing a program to provide matching funds to certain qualified projects; authorizing the governing body of a city or county to provide an abatement of certain fees; authorizing the Department of Health and Human Services to create provider codes for certain purposes related to Medicaid billing; creating the Homelessness Support Services Matching Account; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill creates a program to provide matching funds up to $100,000,000 to qualified projects that are facilities to provide support services to individuals and families experiencing homelessness or at risk of becoming homeless. Sections 2-8 of this bill define terms related to the program to provide matching funds for qualified projects to provide support services to individuals and families experiencing homelessness or at risk of becoming homeless. Section 9 of this bill authorizes the lead participant of a project to apply to the Office of Economic Development for a certificate of eligibility for matching funds up to $100,000,000 and establishes the requirements for a project to be eligible for such matching funds, including, without limitation, the submission by the lead participant of the project of an application which meets certain requirements. Section 10 of this bill additionally requires a project, to be eligible for the matching funds, to be determined by the Office to be a qualified project. Section 10 establishes requirements for a qualified project. Section 11 of this bill establishes requirements with respect to the contribution to the cost of a project which may be made from matching funds, including, without limitation, a requirement for the lead participant to pay the initial $25,000,000 of the costs for the development and construction of the project and for matching funds to be used to pay the last $10,000,000 in project costs. Section 11 provides the requirements for the issuance of matching funds.
Section 12 of this bill requires the lead participant of a qualified project to furnish certain records to the Office. Section 12 requires the lead participant to repay matching funds under certain circumstances and subjects the state business registration of the lead participant to revocation or suspension for failure to repay matching funds. Section 12 authorizes the Executive Director of the Office to take certain action if a project is materially underperforming. If a project ceases to operate under certain circumstances or files for bankruptcy, section 12 provides for the transfer of the underlying facility to the incorporated city in which the facility is located, or to the county in which the facility is located if the facility is not located in an incorporated city.
κ2023 Statutes of Nevada, Page 3124 (CHAPTER 501, AB 528)κ
Section 13 of this bill authorizes the governing body of a city or county in which a qualified project is located to provide an abatement of certain permit and license fees to a participant in such a project. Section 14 of this bill requires the services provided at a qualified project that receives matching funds to be made available to the residents of any participating municipality in the county where the qualified project operates and establishes the requirements to qualify as a participating municipality.
Section 15 of this bill requires the financial operating plan for a qualified project to provide for the annual operations, maintenance and ongoing capital needs of the facility and requires the operating costs of a facility within a qualified project to be distributed equitably among the State, participating municipalities and the private sector. Section 15 requires the State to provide funds equal to the amounts provided by any participating municipalities up to $15,000,000 per year, as adjusted each year. Section 15 authorizes the Department of Health and Human Services to create provider codes to maximize Medicaid billing for the services provided by a qualified project.
Section 16 of this bill creates the Homelessness Support Services Matching Account and requires money in the Account to be used only to provide matching funds pursuant to the provisions of this bill. Section 18 of this bill makes an appropriation of $100,000,000 to the Account.
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 231 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 16, inclusive, of this act.
Sec. 2. As used in sections 2 to 16, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Capital investment means all costs and expenses incurred by the participants in a qualified project in connection with the acquisition, construction, installation and equipping of the qualified project.
Sec. 4. Lead participant means a nonprofit corporation that:
1. Is recognized as exempt pursuant to 26 U.S.C. § 501(c)(3);
2. Has a physical location in this State; and
3. Is designated by the participants in a project as the lead participant in an application submitted pursuant to section 9 of this act.
Sec. 5. Matching funds means an amount of money invested by this State in the capital construction of a qualified project in an amount equal to the amount of money invested by the participants in that project. The term does not include the value of in-kind services or other nonmonetary contributions.
Sec. 6. Participant means a business, including, without limitation, a nonprofit organization, or governmental entity which operates within the geographic boundaries of a project site and which contributes to or participates in the project.
Sec. 7. Project means a project undertaken by a business, group of businesses, including, without limitation, one or more nonprofit organizations, or one or more local governments:
1. Located within the geographic boundaries of one or more project sites in the State; and
2. Engaged in a common purpose or business endeavor.
κ2023 Statutes of Nevada, Page 3125 (CHAPTER 501, AB 528)κ
Sec. 8. Qualified project means a project which the Office determines meets all the requirements set forth in sections 9 and 10 of this act.
Sec. 9. 1. On behalf of a project, the lead participant in the project may apply to the Office for a certificate of eligibility for matching funds of up to $100,000,000 to be used exclusively for the acquisition, construction, installation and equipping of a qualified project.
2. For a project to be eligible for the matching funds described in subsection 1, the lead participant of the project must, on behalf of the project:
(a) Submit an application that meets the requirements of subsection 3;
(b) Provide documentation satisfactory to the Office that approval of the application would:
(1) Facilitate the economic development of this State;
(2) Aid the implementation of the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053; and
(3) Increase the workforce in this State by helping those persons experiencing homelessness or at risk of becoming homeless to transition from experiencing homelessness or being at risk of homelessness to being economically self-sufficient.
3. An application submitted pursuant to subsection 2 must include:
(a) Documentation satisfactory to the Office that the project meets all of the requirements of a qualified project described in section 10 of this act;
(b) A detailed business plan containing an outline of services to be provided by the project, capital construction financing, operational revenues and expenditures, governance structure, the core operating team and a plan for capital maintenance;
(c) The total cost of the project, which shall not be less than $150,000,000;
(d) Documentation satisfactory to the Office that the qualified project is reasonably expected to:
(1) Increase the workforce in this State by promoting greater opportunities for economic self-sufficiency;
(2) Improve the mental and physical well-being of persons at risk of becoming homeless;
(3) Reduce the incidence of homelessness in areas of acute risk and impact;
(4) Decrease long-term reliance on social services and public assistance programs;
(5) Increase the opportunity for services integration and collaboration; and
(6) Reduce criminal activity and recidivism and increase the share of the population with employable job skills;
(e) A summary of the relationship between and roles and responsibilities of the lead participant and the other participants in the project;
(f) A detailed description of the location or locations of the project, including, without limitation, a precise description of the geographic boundaries of the project site or sites;
κ2023 Statutes of Nevada, Page 3126 (CHAPTER 501, AB 528)κ
(g) The name and business address of each participant in the project, which must be an address in this State;
(h) A detailed description of the plan by which the lead participant and the other participants in the project intend to comply with the requirement that the participants collectively make a total capital investment not less than $75,000,000 in the 5-year period immediately following approval of the application;
(i) Documentation satisfactory to the Office that the lead participant has the financial ability and operational expertise to effectively develop and operate the project;
(j) Documentation satisfactory to the Office that the participants in the project are engaged in a common purpose or business endeavor;
(k) Documentation satisfactory to the Office that the place of business of each participant is or will be located within the geographic boundaries of the project site or sites;
(l) Documentation satisfactory to the Office that each participant in the project is registered pursuant to the laws of this State or commits to obtaining a valid business license and all other permits required by the county, city or town in which the project operates;
(m) Documentation satisfactory to the Office of the number of employees engaged or anticipated to be engaged in the construction of the project;
(n) Documentation satisfactory to the Office of the number of qualified employees employed or anticipated to be employed at the project by the participants;
(o) Documentation satisfactory to the Office of the number of individuals expected to be served by the project;
(p) Documentation satisfactory to the Office that each employer engaged in the construction of the project provides a plan of health insurance and that each employee engaged in the construction of the project is offered coverage under the plan of health insurance provided by his or her employer;
(q) Documentation satisfactory to the Office that at least 50 percent of the employees engaged or anticipated to be engaged in construction of the project and 50 percent of the employees employed at the project are residents of Nevada, unless waived by the Executive Director of the Office upon proof satisfactory to the Executive Director of the Office that there is an insufficient number of residents of Nevada available and qualified for such employment;
(r) An agreement to provide the Office with a compliance report for the project at the end of each calendar quarter during construction and at the end of each fiscal year during all the years of operations, which:
(1) Provides the amount of money invested in the project;
(2) Provides the number of employees engaged in the construction of the project;
(3) Provides the number of employees employed at the project;
(4) Provides the total number of persons served by the project, including, without limitation, the number of persons placed in permanent housing and verifiable employment; and
(5) Meets any other requirements prescribed by the Office; and
(s) Any other information deemed necessary and appropriate by the Executive Director.
κ2023 Statutes of Nevada, Page 3127 (CHAPTER 501, AB 528)κ
Sec. 10. 1. In addition to meeting the requirements set forth in subsection 2 of section 9 of this act, for a project to be eligible for the matching funds described in subsection 1 of section 9 of this act, the project must be determined by the Office to be a qualified project as provided in this section.
2. A qualified project is a facility or facilities designed, developed and operated to:
(a) Provide comprehensive, sustainable and compassionate support services to individuals and families experiencing homelessness or at risk of homelessness; and
(b) Assist those individuals and families to overcome the barriers created by homelessness, find housing stability and achieve their full potential, while at the same time allowing them the opportunity to contribute to the economy of this State and participate in its workforce.
3. Services offered at a qualified project may be provided in collaboration with a nonprofit participant, for-profit or not-for-profit service provider, local government or other community-based organization within the public or private sectors.
4. The lead participant in a qualified project shall:
(a) In consultation with local governments, identify the site or sites where the qualified project will be located;
(b) Have a construction and development plan that identifies the sources and uses of funds to be used to construct the qualified project, including, without limitation, a private or nonprofit capital investment of not less than $75,000,000;
(c) Have a financial operating plan that sets forth revenues and expenditures for the first 10 years of operations and identifies sources of funding from private and public sources, including, without limitation, local, state and federal governments;
(d) Have an operating plan that identifies the services that will be provided at the qualified project;
(e) Establish a board of directors consisting of not less than nine members, each of whom must be a resident of this State and none of whom may be persons holding elected office or who held elected office in the immediately preceding 3 years;
(f) Identify and establish a qualified management and operating team of professionals with the requisite experience and expertise to effectively operate the qualified project; and
(g) Establish a technical advisory committee comprised of nonprofit organizations and local governments focused on providing essential services to the community, including, without limitation, those primarily related to homelessness prevention, food insecurity, domestic violence, emergency services and public safety, workforce development, education, early childhood development, housing, health and wellness and social services. The technical advisory committee shall advise the board of directors by providing critical insight into the most pressing needs of community members, thereby ensuring the organization is continually evolving to address current challenges within the local community.
5. A qualified project may include, without limitation:
(a) Navigation centers and emergency intake facilities that provide emergency shelter, nutritious meals, hygiene facilities, clothing and access to essential supplies. Such facilities must implement a low-barrier approach to ensuring inclusivity and accessibility, address the immediate needs of those experiencing homelessness and identify individuals who are ready, willing and able to utilize a broader range of available services.
κ2023 Statutes of Nevada, Page 3128 (CHAPTER 501, AB 528)κ
needs of those experiencing homelessness and identify individuals who are ready, willing and able to utilize a broader range of available services.
(b) Health care and mental health care, including, without limitation, medical care, mental health counseling, addiction treatment programs and preventive care tailored to the unique needs of the homeless population.
(c) Job training and employment assistance, including, without limitation, the development of vocational training programs, job placement services and partnerships with local businesses and other service providers to equip individuals with marketable skills, employment opportunities and the necessary support for sustainable employment.
(d) Transitional housing services that:
(1) Facilitate temporary accommodations and support programs to assist individuals or families experiencing homelessness or unstable housing situations; and
(2) Are designed to provide a bridge between homelessness and permanent housing by offering a safe and stable living environment and supportive services to assist individuals or families stabilize their lives and regain independence.
(e) Permanent housing solutions that facilitate access to a range of housing options, including, without limitation, transitional housing, rapid rehousing, permanent supportive housing and affordable housing initiatives in partnership with local governments, housing authorities, landlords and developers.
(f) Integrated social service providers, including, without limitation, organizations or agencies that offer a comprehensive range of services and program access to individuals and families, including, without limitation, case management, housing assistance, employment and job training, health and mental health services, food and nutrition assistance, financial and economic support, child and family services and legal aid and advocacy.
(g) Community engagement and education through public awareness campaigns, educational workshops and community outreach initiatives to foster empathy, dispel stereotypes and engage the broader community in addressing homelessness.
Sec. 11. 1. If the Office of Economic Development approves an application for a certificate of eligibility for matching funds submitted pursuant to paragraph (a) of subsection 2 of section 9 of this act, the Office shall immediately forward a copy of the certificate of eligibility which identifies the amount of the award to:
(a) The lead participant in the qualified project;
(b) The Director of the Legislative Counsel Bureau;
(c) The Chief of the Budget Division of the Office of Finance in the Office of the Governor; and
(d) The State Treasurer.
2. A qualified project may be approved for a certificate of eligibility for matching funds pursuant to subsection 1 in an amount not to exceed $100,000,000.
3. Except as otherwise provided in sections 2 to 15, inclusive, of this act, the contribution from the matching funds awarded to the qualified project pursuant to subsection 1 must be proportional in terms of amount, contemporaneous in terms of timing and similar in terms of risk profile to the contribution to the cost of the development and construction of the qualified project by the lead participant, and:
κ2023 Statutes of Nevada, Page 3129 (CHAPTER 501, AB 528)κ
(a) The lead participant shall pay the initial $25,000,000 of the costs of the development and construction of the qualified project.
(b) Payments after the initial payment required by paragraph (a) must be pro rata, based on the percentage of the total cost of the qualified project described in paragraph (c) of subsection 3 of section 9 of this act to be paid from approved matching funds and those to be paid by all other sources of project funding as set forth in an application approved by the Office pursuant to section 9 of this act, except that such pro rata allocation must be adjusted such that the matching funds are used to pay the last $10,000,000 in project costs.
(c) The procedure for making monthly draws for the cost of the qualified project will be delineated in a trust agreement to be entered into by the Office and the lead participant, which will ensure that no money derived from the matching funds awarded pursuant to subsection 1 are expended unless money of the lead participant is previously or simultaneously expended, except for the initial payment described in paragraph (a) and the last payment described in paragraph (b).
Sec. 12. 1. The lead participant of a qualified project shall, upon the request of the Office of Economic Development, furnish the Office with copies of all records necessary to verify that the qualified project meets or has met the eligibility requirements for state matching funds issued pursuant to sections 2 to 15, inclusive, of this act.
2. The lead participant shall repay to the State Treasurer, as applicable, any portion of the matching funds to which the lead participant is not entitled if:
(a) The participants in the qualified project collectively fail to make the investment in this State necessary to support the determination by the Office that the project is a qualified project;
(b) The lead participant submits any false statement, representation or certification in any document submitted for the purpose of obtaining matching funds;
(c) The lead participant otherwise becomes ineligible for matching funds after receiving the matching funds pursuant to sections 2 to 15, inclusive, of this act; or
(d) The lead participant ceases operation within 30 years of having received the last installment of matching funds pursuant to sections 2 to 15, inclusive, of this act.
3. The Secretary of State may, upon application by the Executive Director, revoke or suspend the state business registration of the lead participant in a qualified project which is required to repay any portion of the matching funds allocated pursuant to subsection 2. If the state business registration of the lead participant in a qualified project is suspended or revoked pursuant to this subsection, the Secretary of State shall provide written notice of the action to the lead participant. The Secretary of State shall not reinstate a state business registration suspended pursuant to this subsection or issue a new state business registration to the lead participant whose state business registration has been revoked pursuant to this subsection unless the Executive Director provides proof satisfactory to the Secretary of State that the lead participant is in compliance with the requirements of this section governing repayment.
κ2023 Statutes of Nevada, Page 3130 (CHAPTER 501, AB 528)κ
4. In the event the Executive Director determines that the project is materially underperforming based on the reports provided by the lead participant pursuant to paragraph (r) of subsection 3 of section 9 of this act, the Executive Director may:
(a) Require that the lead participant review, revise and submit any element of the application submitted pursuant to subsection 3 of section 9 of this act;
(b) Request operating recommendations for improvement from the technical advisory committee created pursuant to paragraph (g) of subsection 4 of section 10 of this act;
(c) Request that the lead participant retain a subject matter expert to address the identified areas of underperformance; or
(d) Any combination of paragraphs (a), (b) and (c).
5. In the event the project ceases to operate pursuant to subsection 2 or files for bankruptcy protection under any chapter of Title 11 of United States Code after having received matching funds pursuant to sections 2 to 15, inclusive, of this act, the facility, including the underlying land and any personal property necessary for the operations of the facility, shall be transferred to the incorporated city in which any part of the facility exists. If the facility does not exist in an incorporated city, it shall be transferred to the county in which the facility exists. Such transfer shall be made at no cost to the city or county, and the city or county may determine, at its sole discretion, whether to operate the facility in whole or in part or otherwise close, modify or sell the facility and any related assets.
Sec. 13. For the purpose of encouraging local economic development, the governing body of a city or county in which a qualified project is located may grant to any participant in a qualified project an abatement of all or any percentage of the amount of any permitting fee or licensing fee which the local government is authorized to impose or charge pursuant to chapter 244 or 268 of NRS.
Sec. 14. 1. Services provided at a qualified project that has received matching funds pursuant to sections 2 to 15, inclusive, of this act must be made available to the residents of any participating municipality described in subsection 2 within the county where the qualified project operates.
2. To qualify as a participating municipality pursuant to subsection 1, a municipality must:
(a) Have, within its borders, a navigation center or other process for initial intake and screening of individuals that are experiencing homelessness or are at imminent risk of homelessness, as well as a process whereby individuals or families seeking additional assistance may opt in to the services provided by the qualified project;
(b) Enter into a shared services agreement with the lead participant of the qualified project whereby the municipality contributes annually to ongoing facility operations and maintenance costs and receives equitable access to a share of the qualified projects capacity; and
(c) Have an approved plan to provide affordable, attainable workforce development and permanent supportive housing within the borders of the municipality.
Sec. 15. 1. The financial operating plan for the qualified project prepared in accordance with paragraph (c) of subsection 4 of section 10 of this act must provide for the annual operations and maintenance of the facility as well as the ongoing capital needs of the facility.
κ2023 Statutes of Nevada, Page 3131 (CHAPTER 501, AB 528)κ
2. To pay the operating costs of a facility within a qualified project, the State Controller shall, on July 1 of each fiscal year, transfer from the Homelessness Support Services Matching Account created by section 16 of this act an amount of money equal to the amount of money to be provided for that fiscal year by any participating municipalities pursuant to paragraph (b) of subsection (2) of section 14 of this act, but such amount transferred by the State Controller must not exceed $15,000,000 per fiscal year, as adjusted pursuant to subsection 5.
3. In addition to any support provided pursuant to subsection 2, the Department of Health and Human Services may administratively create any necessary provider codes to maximize Medicaid billing for the services provided by the qualified project.
4. Nothing contained in sections 2 to 15, inclusive, of this act shall be deemed to limit the ability of any participant in a qualified project from accessing programmatic funding for services provided by the qualified project that would otherwise be available from a government, private sector or nonprofit source.
5. The monetary amount specified in subsection 2 shall be adjusted for each fiscal year by adding to the amount the product of the amount multiplied by the percentage increase in the consumer price inflation index between the calendar year ending on December 31, 2023, and the calendar year immediately preceding the fiscal year for which the adjustment is made.
6. For the purposes of this section, consumer price inflation index means the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the United States Department of Labor or, if that index ceases to be published by the United States Department of Labor, the published index selected by the Department of Taxation pursuant to subsection 11 of NRS 361.091.
Sec. 16. 1. The Homelessness Support Services Matching Account is hereby created in the State General Fund. The Account must be administered by the Executive Director of the Office of Economic Development and money in the Account may be expended only for the purpose of providing matching funds pursuant to sections 2 to 15, inclusive, of this act.
2. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.
3. Any money in the Account and any unexpended appropriations made to the Account from the State General Fund remaining at the end of a fiscal year do not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
4. The Executive Director may apply for and accept any gift, grant, donation or appropriation for deposit in the Account.
Sec. 17. Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after June 1, 2023.
Sec. 18. There is hereby appropriated from the State General Fund to the Homelessness Support Services Matching Account the sum of $100,000,000.
Sec. 19. This act becomes effective upon passage and approval.
________
κ2023 Statutes of Nevada, Page 3132κ
Assembly Bill No. 119Committee on Health and Human Services
CHAPTER 502
[Approved: June 15, 2023]
AN ACT relating to adult maltreatment; creating the Vulnerable Adult Fatality Review Committee; providing for the review of deaths resulting from or relating to adult maltreatment; requiring the Committee to develop certain reports and perform certain other duties relating to the investigation and prevention of adult maltreatment; providing access for the Committee to certain documents; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law makes it a crime to abuse, neglect, isolate, abandon or exploit an older person or a vulnerable person. (NRS 200.5099) Section 3 of this bill defines the term adult maltreatment to refer to such crimes. Sections 4-7 of this bill define certain other terms. Section 8 of this bill creates the Vulnerable Adult Fatality Review Committee within the Department of Health and Human Services and prescribes the membership of the Committee. Section 8 also prescribes certain rules governing the operation of the Committee. Section 8 immunizes the members, employees, agents and consultants of the Committee from civil liability for acts performed in good faith and within the scope of duties of the Committee. Section 8 authorizes the Director of the Department to: (1) apply for and accept gifts, grants and donations to support the activities of the Committee; and (2) adopt regulations governing the activities of the Committee.
Section 9 of this bill requires the Committee to review each death in this State that is known or suspected to have been caused by or be related to adult maltreatment and is referred to the Committee by certain governmental entities or relatives of the decedent. Section 9 additionally authorizes the Committee to review any other death that the Committee reasonably believes may have been caused by or related to adult maltreatment. Section 10 of this bill prescribes other duties of the Committee relating to the investigation and prevention of adult maltreatment. Section 10 requires the Committee to: (1) biennially publish on an Internet website maintained by the Department a report that consists of data concerning adult maltreatment in this State; and (2) annually submit to the Legislature a separate report containing certain information and recommendations about adult maltreatment. Section 10 requires a representative of the Committee or the Aging and Disability Services Division of the Department to biennially present such information and recommendations at a meeting of the Legislative Committee on Senior Citizens, Veterans and Adults With Special Needs. Section 11 of this bill authorizes the Committee to take certain measures necessary to perform its duties, including consulting with experts and other interested persons and entering into contracts. Section 12 of this bill entitles the Committee to access certain records it determines necessary to perform its duties and authorizes the Committee to petition the district court for a subpoena to compel the production of such records. Section 12 also provides that information acquired by and records of the Committee are confidential and not subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding. Sections 12 and 14 of this bill provide that such records are not public records. Sections 12 and 15 of this bill provide that meetings of the Committee are closed to the public.
κ2023 Statutes of Nevada, Page 3133 (CHAPTER 502, AB 119)κ
Existing law creates in the Office of the Attorney General the Unit for the Investigation and Prosecution of Crimes Against Older Persons or Vulnerable Persons. (NRS 228.265) Existing law authorizes the Unit to investigate and prosecute deaths resulting from adult maltreatment. (NRS 228.270) Section 10 authorizes the Attorney General to review any cases referred to the Committee to determine the need for further investigation. Section 12 authorizes the Committee to meet and share information with the Unit and certain entities that investigate domestic violence.
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 427A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2. As used in sections 2 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Adult maltreatment means the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person in violation of NRS 200.5099.
Sec. 4. Committee means the Vulnerable Adult Fatality Review Committee established by section 8 of this act.
Sec. 5. Facility or service provider means:
1. Any facility or other entity licensed or certified pursuant to chapter 435 or 449 of NRS.
2. A provider of emergency medical services.
3. A facility for long-term rehabilitation.
4. Any unlicensed establishment that provides food, shelter, assistance and limited supervision to an older person or a vulnerable person.
Sec. 6. Older person has the meaning ascribed to it in NRS 228.255.
Sec. 7. Vulnerable person has the meaning ascribed to it in NRS 228.262.
Sec. 8. 1. The Vulnerable Adult Fatality Review Committee is hereby established within the Department.
2. The Director shall appoint to the Committee:
(a) One member who is a licensed social worker who is actively providing services to clients in this State who are vulnerable persons;
(b) One member who is an attorney and is:
(1) Licensed to practice law in this State; and
(2) Employed by the Office of the Attorney General; and
(c) At least 4 but not more than 10 members who:
(1) Are providers of health care, representatives of nonprofit organizations whose work is related to adult maltreatment, issues of older persons or issues of vulnerable persons, representatives of agencies involved in vital statistics and law enforcement and other persons the Director determines to be appropriate for membership on the Committee; and
(2) Represent the racial, ethnic, linguistic and geographic diversity of this State.
3. The members of the Committee serve:
κ2023 Statutes of Nevada, Page 3134 (CHAPTER 502, AB 119)κ
(a) At the pleasure of the Director; and
(b) Without compensation but are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
4. A majority of the members of the Committee 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 Committee.
5. A member of the Committee 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 to prepare for and attend meetings of the Committee and perform any work necessary to carry out the duties of the Committee 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 Committee to:
(a) Make up the time he or she is absent from work to carry out his or her duties as a member of the Committee; or
(b) Take annual leave or compensatory time for the absence.
6. At the first meeting of the Committee and annually thereafter:
(a) The Director shall appoint a Chair of the Committee;
(b) The Committee shall elect a Secretary from among its members; and
(c) The Committee shall adopt rules for its own management and government.
7. The Committee shall meet at least twice each year and may meet at such further times as determined necessary by the Chair.
8. A member of the Committee or an employee, agent or consultant of the Committee is not liable in a civil action for any act performed in good faith and within the scope of the duties of the Committee. For the purposes of this subsection, any act which violates a provision of law concerning the privacy of information shall be deemed to be outside the scope of the duties of the Committee.
9. The Director may:
(a) Apply for and accept gifts, grants or donations from any source for the purpose of carrying out the provisions of sections 2 to 12, inclusive, of this act; and
(b) Adopt any regulations necessary to carry out the provisions of sections 2 to 12, inclusive, of this act.
Sec. 9. 1. The Committee:
(a) Shall review each death in this State that is known or suspected to have been caused by or be related to adult maltreatment and is referred to the Committee by the Division, a law enforcement agency or an adult related to the decedent within the third degree of consanguinity; and
(b) May, within the limits of available resources, review any other death that the Committee reasonably believes may have been caused by or related to adult maltreatment.
2. A review pursuant to subsection 1 must include, without limitation, and to the extent that such records exist, a review of relevant medical records, death certificates, records of an autopsy, records created by a facility or provider, records of the Division, records of a social services agency, mental health records and records of a law enforcement agency described in section 12 of this act.
κ2023 Statutes of Nevada, Page 3135 (CHAPTER 502, AB 119)κ
Sec. 10. 1. In addition to conducting reviews pursuant to section 9 of this act, the Committee shall:
(a) Within the limits of available resources:
(1) Cross-reference databases maintained by the Division with databases maintained by coroners and medical examiners in this State to identify deaths that may have been caused by or related to adult maltreatment and review such deaths in accordance with section 9 of this act.
(2) Review incidents and trends in adult maltreatment in this State.
(3) Identify and review disparities in the incidence of adult maltreatment in this State by analyzing:
(I) The race, ethnicity and age of persons who experience adult maltreatment;
(II) The geographic region of the residence of persons who experience adult maltreatment; and
(III) Any other variables identified by the Committee.
(b) Based on the reviews conducted pursuant to paragraph (a) and section 9 of this act, develop findings and recommendations to prevent adult maltreatment and address the needs of victims of adult maltreatment.
(c) Disseminate the findings and recommendations developed pursuant to paragraph (b) to the Division, providers of health care, agencies and organizations that provide social services, facilities or service providers, law enforcement agencies, organizations that provide services to victims of adult maltreatment, other persons and entities the Committee determines to be appropriate and the public.
(d) On or before December 31 of each even-numbered year, compile and publish on an Internet website maintained by the Department a report that consists of data concerning adult maltreatment in this State during the immediately preceding 24 months. Such data must be aggregated and presented in a manner that does not allow for the identification of any person.
(e) On or before December 31 of each year:
(1) Develop, in collaboration with the Division, a report that includes, without limitation:
(I) A description of the deaths resulting from adult maltreatment and other incidents of adult maltreatment reviewed pursuant to paragraph (a) of subsection 1 and section 9 of this act, respectively, during the immediately preceding 12 months, provided in a manner that does not allow for the identification of any person;
(II) A summary of the disparities identified and reviewed pursuant to subparagraph (3) of paragraph (a) of subsection 1;
(III) Plans for corrective action to reduce adult maltreatment in this State; and
(IV) Recommendations for any legislation or other changes to policy to reduce adult maltreatment or otherwise improve the well-being of older persons and vulnerable persons in this State; and
(2) Submit the report developed pursuant to subparagraph (1) to the Director of the Legislative Counsel Bureau for transmittal to:
(I) For a report submitted on or before December 31 of an odd-numbered year, the Legislative Committee on Senior Citizens, Veterans and Adults With Special Needs created by NRS 218E.750; and
κ2023 Statutes of Nevada, Page 3136 (CHAPTER 502, AB 119)κ
(II) For a report submitted on or before December 31 of an even-numbered year, the next regular session of the Legislature.
2. The Committee may, within the limits of available resources:
(a) Conduct any other research into issues relating to adult maltreatment or the well-being of older persons and vulnerable persons in this State;
(b) Promote changes in policy in the public and private sectors to reduce adult maltreatment or address the effects of adult maltreatment;
(c) Take measures to improve the services provided to victims of adult maltreatment, including, without limitation, identifying gaps in services provided to victims of adult maltreatment and reducing barriers to service for victims of adult maltreatment; and
(d) Engage in activities to increase public awareness regarding adult maltreatment.
3. On or before August 1 of each odd-numbered year, a representative of the Committee or the Division shall present the findings, plans for corrective action and recommendations for changes to policy contained in the reports developed pursuant to paragraph (e) of subsection 1 for the immediately preceding 2 years at a meeting of the Legislative Committee on Senior Citizens, Veterans and Adults With Special Needs created by NRS 218E.750.
4. Within the limits of available resources, the Attorney General may review any case referred to or reviewed by the Committee to determine the need for further investigation of the case.
Sec. 11. The Committee may take any action necessary to carry out its duties, including, without limitation:
1. Consulting with experts and other interested persons to ensure the data collected is of the highest quality;
2. Entering into a contract or other agreement with any person or entity, including, without limitation, a college or university, to:
(a) Assist the Committee with its organization and meetings;
(b) Collect, analyze and disseminate information; or
(c) Assist in carrying out any other duty of the Committee;
3. Establishing subcommittees consisting of members of the Committee; and
4. Employing such persons as it deems necessary to carry out its duties.
Sec. 12. 1. The Committee is entitled to access to:
(a) All final investigative information of law enforcement agencies regarding a death that may have been caused by or related to adult maltreatment or other incident of adult maltreatment being investigated by the Committee for which the investigation by the law enforcement agency has been closed;
(b) Any autopsy and coroners investigative records relating to a death of an older person or a vulnerable person that may have been caused by or related to adult maltreatment;
(c) Any medical or mental health records of a decedent or other victim of adult maltreatment;
(d) Any records of the Division or any other agency which has provided services to a decedent or other victim of adult maltreatment; and
κ2023 Statutes of Nevada, Page 3137 (CHAPTER 502, AB 119)κ
(e) Any other records determined by the Committee to be necessary to perform its duties, except for records of a law enforcement agency not described in paragraph (a).
2. The Committee may, if appropriate, meet and share information with:
(a) A multidisciplinary team to review the death of the victim of a crime that constitutes domestic violence organized or sponsored pursuant to NRS 217.475;
(b) The Committee on Domestic Violence appointed pursuant to NRS 228.470; or
(c) The Unit for the Investigation and Prosecution of Crimes Against Older Persons or Vulnerable Persons in the Office of the Attorney General created by NRS 228.265.
3. The Committee may petition the district court for the issuance of, and the district court may issue, a subpoena to compel the production of any books, records or papers described in subsection 1 that are relevant to the cause of any death or incident of adult maltreatment being investigated by the Committee. Except as otherwise provided in NRS 239.0115, any books, records or papers received by the Committee pursuant to a subpoena issued pursuant to this subsection shall be deemed confidential and privileged and not subject to disclosure.
4. The Committee may use data collected concerning a death that is known or suspected to have been caused by or be related to adult maltreatment for the purpose of research or to prevent future adult maltreatment if the data is aggregated and does not allow for the identification of any person.
5. Except as otherwise provided in this section, information acquired by, and the records of, the Committee are confidential, are not public records, must not be disclosed and are not subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding. The disclosure of information or records to the Committee does not make such information or records confidential with respect to the person or entity that disclosed the records if the information or records are not otherwise confidential.
6. The meetings of the Committee are closed to the public.
Sec. 13. (Deleted by amendment.)
Sec. 14. 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.
κ2023 Statutes of Nevada, Page 3138 (CHAPTER 502, AB 119)κ
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, 624.110, 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.
κ2023 Statutes of Nevada, Page 3139 (CHAPTER 502, AB 119)κ
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 12 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:
(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.
κ2023 Statutes of Nevada, Page 3140 (CHAPTER 502, AB 119)κ
(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. 15. NRS 241.016 is hereby amended to read as follows:
241.016 1. The meetings of a public body that are quasi-judicial in nature are subject to the provisions of this chapter.
2. The following are exempt from the requirements of this chapter:
(a) The Legislature of the State of Nevada.
(b) Judicial proceedings, including, without limitation, proceedings before the Commission on Judicial Selection and, except as otherwise provided in NRS 1.4687, the Commission on Judicial Discipline.
(c) Meetings of the State Board of Parole Commissioners when acting to grant, deny, continue or revoke the parole of a prisoner or to establish or modify the terms of the parole of a prisoner.
3. Any provision of law, including, without limitation, NRS 91.270, 219A.210, 228.495, 239C.140, 239C.420, 241.028, 281A.350, 281A.690, 281A.735, 281A.760, 284.3629, 286.150, 287.0415, 287.04345, 287.338, 288.220, 288.590, 289.387, 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, 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, and section 12 of this act, 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. Notwithstanding the provisions of paragraphs (d) and (e) of subsection 1 of section 10 of this act, the first reports required by those paragraphs must be published on an Internet website maintained by the Department of Health and Human Services or submitted to the Director of the Legislative Counsel Bureau on or before December 31, 2026.
Sec. 16.5. The amendatory provisions of this act apply only to a contract entered into between the Department of Health and Human Services and a district attorney on or after July 1, 2023.
Sec. 17. 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. 18. This act becomes effective on July 1, 2023.
________